Chapter 23.73


23.73.010    Purpose.

23.73.020    Effective date of permits.

23.73.040    Performance guarantees.

23.73.050    Time limits and extensions.

23.73.070    Permits to run with the land.

23.73.080    Resubmittals.

23.73.010 Purpose.

This chapter provides requirements for the implementation or exercising of the permits required by these regulations, including time limits, and procedures for extensions of time. [Ord. 11-001 § 2, 2011].

23.73.020 Effective date of permits.

The approval of the community development permits listed in Table 23.70.012-1 shall become effective on the eleventh day following the date of approval by the appropriate review authority, where no appeal of the review authority’s action has been filed in compliance with Chapter 23.74 PGMC (Appeals and Call-Ups). [Ord. 11-001 § 2, 2011].

23.73.040 Performance guarantees.

A permit applicant may be required by conditions of approval or by action of the department to provide adequate security to guarantee the faithful performance and proper completion of any approved work, compliance with conditions of approval, and the proper maintenance and functioning of improvements after installation.

(a) Form and Amount of Security. The required security shall be in a form approved by the chief planner. The amount of security shall be as determined by the chief planner to be appropriate.

(b) Duration of Security. Required security shall remain in effect until final inspections have been made and the chief building official has accepted all work, or until any warranty period required by the chief building official has elapsed. Maintenance security shall remain in effect for one year after the date of final inspection.

(c) Release or Forfeit of Security.

(1) Upon satisfactory completion of work and the approval of a final inspection (or after the end of the required time for maintenance security), the security shall be released.

(2) 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 permittee or surety all the costs incurred by the city, including the costs of the work, and all administrative and inspection costs.

(3) Any unused portion of the security shall be refunded to the funding source after deduction of the costs of the work by the city. [Ord. 11-001 § 2, 2011].

23.73.050 Time limits and extensions.

(a) Expiration. Any community development permit granted in compliance with these regulations shall expire if a completed building permit application has not been submitted within one year from the date of approval. Upon expiration or revocation of a building permit, the community development permit shall also expire, unless extended under subsection (c) of this section.

(b) Extensions of Time by Review Authority. The initial review authority is authorized to extend the period for use of a community development permit up to two years from the date of approval, as an express provision at the time of approval, where it is anticipated that the processing of other governmental approvals related to the project will delay start of construction beyond the year.

(c) Extensions of Time by Chief Planner. The chief planner is authorized to renew any community development permit that would otherwise expire after one year. Renewals shall be for one year with a maximum of two renewals.

(d) Action on Extension Requests. An application for a time extension shall be made prior to the permit expiration date. If a finding is made that the applicant could not have avoided the delay, the application shall be granted up to the maximum allowable under subsection (c) of this section.

(e) Review of Chief Planner’s Decision. Any approved time extension shall be reported to the review authority that granted the initial entitlement at its next available regularly scheduled meeting. In the case of the architectural review board and planning commission, upon the affirmative vote of a majority of its total members, the review authority shall set the time extension for hearing de novo within 21 days. In the case of the zoning administrator, he or she may decide to set the time extension for hearing de novo within 21 days. Failure to set the matter for hearing shall be deemed ratification of the chief planner’s approval of the extension. [Ord. 11-001 § 2, 2011].

23.73.070 Permits to run with the land.

A community development permit granted in compliance with this chapter shall continue to be valid upon a change of ownership (e.g., of the site, structure, or use that was the subject of the permit application); provided, that the use remains in compliance with all applicable provisions of these regulations and any conditions of approval. [Ord. 11-001 § 2, 2011].

23.73.080 Resubmittals.

If an application for a community development permit is disapproved in compliance with this chapter, an application for consideration of an identical or similar request shall not be eligible for reconsideration for six months from the date on which the disapproval became final, unless the review authority finds that changed circumstances or a material change in the application warrants reconsideration prior to the expiration of six months. This section shall have no effect on applications by the city or on amendments proposed by resolutions of the council or the planning commission. [Ord. 11-001 § 2, 2011].