Chapter 8.3 Other Permit Applications

8.3.10 Purpose of this Chapter

The purpose of this Chapter is to prescribe procedures and requirements for the preparation, filing and processing of permit applications or approvals provided for in this Municipal Code other than land use and development applications. This Chapter shall also govern the processing of permits required pursuant to Articles 5 and 6.

8.3.20 Permit Application Process and Procedures

Applications for permits shall comply with the following submittal and processing procedures:

A.    Application Submittal. Applications shall be filed with the individual or department specified in the Municipal Code or, if none is specified, with the Building Division. Applications must be submitted on the official City of La Habra Heights application form, where provided.

1.    The completed application form, all required fees and any other information required for the processing of the permit application must be submitted for the application to be considered complete. Applicants are encouraged to contact the appropriate City Department before submitting an application to verify which materials are necessary.

2.    Whenever more than one permit or approval is required for a proposed project or activity, all applications shall be filed and processed concurrently.

3.    Whenever an application or portion of an application has been denied with prejudice, or revoked, and the denial or revocation becomes final, no new application for the same or substantially similar request may be accepted within one (1) year of the date of the denial.

B.    Eligibility for Filing. Applications must be completed by the owner, or designated agent, of the property or business for which the permit is requested, or by the responsible party for permits not related to a specific property or business.

C.    Pre-Application Conference. A permit applicant is strongly encouraged to request a pre-application conference with the appropriate City Department prior to completion of project design and submittal of a permit application. The purpose of this conference is to inform the applicant of pertinent City requirements.

D.    Application Fees. The schedule of fees required for each permit will be as established by the City Council.

E.    Inspections. An applicant seeking a permit required by this Municipal Code shall allow the City access to any premises or property that is the subject of, or used in connection with, the permit. If the permit is granted, the owner or applicant shall allow City continued access to the premises to determine compliance with any permit Conditions of Approval.

8.3.30 Effective Date of Permits

The permits regulated by this Municipal Code become effective on the eleventh (11th) day following the date the application was approved provided that no Appeal of the action has been filed in compliance with this Article.

8.3.40 Performance Guarantees

An applicant may be required, depending on the permit, to provide adequate security to guarantee the faithful performance, proper completion and/or maintenance of any approved work and/or compliance with the permit requirements.

A.    Form and Amount of Security. The required security shall be in the form of a cash or equivalent deposit to the City Treasurer. Where approved by the City Manager, and by the City Attorney as to form, a certificate of deposit, instrument or letter of credit, with the City named as beneficiary, may be used as security. The amount of security shall be determined by the City Manager as the amount necessary to insure proper completion of the work and/or compliance with Conditions of Approval.

B.    Security for Maintenance. The City Manager may determine and require adequate security for the maintenance of the work.

C.    Duration of Security. Required security shall be retained for the time period specified in the Conditions of Approval of the permit. Where no such period is specified, required security shall be retained until either the City Manager determines the work, including ongoing maintenance obligations, has been completed or one (1) year after the date of final inspection, whichever is sooner. In certain cases, a longer duration of security may be required by conditions of the project.

D.    Release or Forfeit of Security. Upon satisfactory completion of the work, or completion of the activity, and the approval of a final inspection (or after the end of the required duration of maintenance security), the maintenance security shall be released. However, failure to complete the work, failure to comply with all of the terms of any applicable permit or failure of the completed improvements to properly function shall entitle the City to recourse to the security. The City will collect from the permittee or security all costs incurred by the City, including the costs of completing any of the work and all administrative and inspection costs. Any unused portion of the deposit shall be refunded to the permittee. (Ord. 2015-01 § 44)

8.3.50 Time Limits and Extension of Permits

This Section establishes time limits for permits and the process for extension thereof.

A.    Time Limits. Unless conditions of approval or other provisions of this Municipal Code establish a shorter or longer time limit, any permit not exercised within two (2) years of approval shall expire and become void.

B.    Extensions of Time. Upon written request by the applicant, the City Manager or the Community Development Director may extend the time for an approved permit for an additional period of up to one (1) year unless the terms of approval of the permit state otherwise. The Planning Commission may grant an additional one (1) year extension. The applicant shall submit a written request and applicable fees for any extension prior to the expiration of the permit. The reviewing entity (City Manager, Community Development Director or the Planning Commission) shall then determine whether the permittee has made a good faith attempt to comply with the conditions of the permit. The burden of proof is on the permittee to establish that the permit should not expire. (Ord. 2009-08 § 6; Ord. 2008-07 § 5)