25.42.1    Purpose

25.42.2    Effective Date of Permits

25.42.3    Applications Deemed Approved

25.42.4    Performance Guarantees

25.42.5    Time Limits and Extensions

25.42.6    Changes to an Approved Project

25.42.7    Permits to Run with the Land

25.42.1 Purpose

The following provisions outline requirements for the implementation or “exercising” of the permits required by this Ordinance, including time limits, and procedures for extensions of time.

25.42.2 Effective Date of Permits

With the exception of Minor Discretionary Review approvals, the land use permits established by this Article shall become effective on the 14th business day following the date of application approval by the appropriate review authority, provided that no appeal of the review authority’s action has been filed in compliance with Section 25.44 (Appeals). Minor Discretionary Review approvals, including those for custom homes, shall become effective on the sixth day following the date of application approval. (Ord. No. 2019-04, § 9.)

25.42.3 Applications Deemed Approved

Any permit application deemed approved in compliance with Government Code Section 65956 shall be subject to all applicable provisions of this Ordinance, which shall be satisfied by the applicant before any construction permit is issued, or a land use not requiring a construction permit is established.

25.42.4 Performance Guarantees

A permit applicant may be required by conditions of approval or by action of the Director to provide adequate security to guarantee the faithful performance and proper completion of any approved work, and/or compliance with conditions of approval imposed by the review authority. The provisions of this Section apply to performance guarantees for projects authorized by any of the land use permits covered by this Ordinance.

A.    Form and amount of security. The required security shall be in the form of a cash deposit, cashiers check or certified check deposited with the Director. Where approved by the Director, a certificate of deposit, instrument or letter of credit may be used, with the City named as beneficiary, where the security pledges that funds necessary to complete permitted grading are on deposit and guaranteed for payment to the City when required by the City. The amount of security shall be as determined by the Director to be necessary to ensure proper completion of the work and/or compliance with conditions of approval.

B.    Security for maintenance. In addition to any improvement security required to guarantee proper completion of work, the Director may require security for maintenance of the work, in an amount determined by the Director to be sufficient to ensure the proper maintenance and functioning of improvements.

C.    Duration of security. Required improvement security shall remain in effect until final inspections have been made and all work has been accepted by the Director. Maintenance security shall remain in effect for 12 months after the date of final inspection.

D.    Release or forfeit of security. Upon satisfactory completion of work and the approval of a final inspection (or after the end of the required time for maintenance security), the improvement and/or maintenance deposits shall be released. However, upon failure to complete the work, failure to comply with all of the terms of any applicable permit, or failure of the completed improvements to function properly, the City may do the required work or cause it to be done, and collect from the applicant or surety all the costs incurred by the City, including the costs of the work, and all administrative and inspection costs. Any unused portion of the deposit shall be refunded to the applicant after deduction of the cost incurred by the City.

25.42.5 Time Limits and Extensions

A.    Time limits. Unless conditions of approval or other provisions of this Ordinance establish a different time limit, any permit or entitlement not exercised within 24 months shall expire and become void.

B.    Time extensions. Upon request by the applicant, the review authority identified in Table 25-19 may extend the time for an approved permit to be exercised. The applicant shall file a written request for an extension of time with the Department before the expiration of the permit, together with the filing fee required by the City Fee Resolution. Prior to granting the time extension request, the review authority shall conduct a new analysis to determine if the project or proposal is consistent with City regulations. The review authority may approve or deny the extension, or add new conditions of approval to ensure compliance with all City regulations.

25.42.6 Changes to an Approved Project

Development of a new land use authorized through an entitlement granted in compliance with this Section shall be established only as approved by the review authority and subject to any conditions of approval, except where changes to the project are approved in compliance with this Section. An applicant shall request desired changes in writing, and shall also furnish appropriate supporting materials and an explanation of the reasons for the request. Changes shall be requested before construction or establishment and operation of the approved use.

A.    The Director may authorize changes to an approved site plan, architecture, or the nature of the approved use if the changes:

1.    Are consistent with all applicable provisions of this Ordinance;

2.    Do not involve a feature of the project that was specifically addressed or was a basis for findings in a Negative Declaration or Environmental Impact Report for the project;

3.    Do not involve a feature of the project that was specifically addressed or was a basis for special conditions of approval for the project or that was a specific consideration by the review authority in the approval of the permit; and

4.    Do not result in a significant expansion of the use.

B.    Changes to the project involving features described in Subsections (A)2 and (A)3 above shall only be approved by the review authority through a new permit application processed in compliance with this Ordinance.

25.42.7 Permits to Run with the Land

A land use permit granted in compliance with Section 25.41 (Application Filing, Processing, and Approval) shall continue to be valid upon a change of ownership of the site, business, service, use or structure that was the subject of the permit application.