Chapter 19.56
PERMIT IMPLEMENTATION, TIME LIMITS, EXTENSIONS

Sections:

19.56.010    Purpose of chapter.

19.56.020    Effective date of permits.

19.56.030    Performance guarantees.

19.56.040    Time limits and extensions.

19.56.050    Changes to an approved project.

19.56.060    Permits to run with the land.

19.56.010 Purpose of chapter.

This chapter provides requirements for the implementation or exercising of the permits required by this development code, including time limits, and procedures for extensions of time. (Ord. 01-2021 § 1(4), 2021; Ord. 2003-02 § 3, 2003).

19.56.020 Effective date of permits.

The approval of a planning permit shall become effective on the ninth business day following the date of application approval by the appropriate review authority, where no appeal of the review authority’s action has been filed in compliance with Chapter 19.84 SMC, Appeals. (Ord. 01-2021 § 1(4), 2021; Ord. 2003-02 § 3, 2003).

19.56.030 Performance guarantees.

A permit applicant may be required by conditions of approval or by action of the city planner 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 planning permits covered by this division.

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 city treasurer, or a performance bond approved by the city planner. Also, where approved by the city planner, 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 work 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 city planner 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 city planner may require security for maintenance of the work, in an amount determined by the city planner 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 city planner, or until any warranty period required by the city planner has elapsed. Maintenance security shall remain in effect for one year 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 or bonds 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 permittee 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 security shall be refunded to the funding source after deduction of the cost of the work by the city. (Ord. 01-2021 § 1(4), 2021; Ord. 2003-02 § 3, 2003).

19.56.040 Time limits and extensions.

A. Time Limits. Unless conditions of approval or other provisions of this development code establish a different time limit, any permit or approval not exercised within two years of approval shall expire and become void. The permit shall not be deemed “exercised” until the permittee has actually obtained a building permit and commenced construction, or has actually commenced the permitted use on the subject property in compliance with the conditions of approval.

B. Longest Time Controls. For projects having multiple permit approvals, the longest time limit associated with any one permit shall apply to all of the other permits.

C. Extensions of Time. Upon request by the applicant, the city planner may extend the time for an approved permit to be exercised for any permit approved by the city planner, and the planning commission may grant an extension for any permit approved by the planning commission.

1. The applicant shall file a written request for an extension of time with the division at least 10 days before the expiration of the permit, together with the filing fee required by the city fee resolution.

2. The city planner or the planning commission shall then determine whether the permittee has attempted to comply with the conditions of the permit. The burden of proof is on the permittee to establish with substantial evidence that the permit should not expire.

3. If the city planner or the planning commission determines that the permittee has proceeded in good faith and has exercised due diligence in complying with the conditions in a timely manner, the city planner or the planning commission may renew the permit for only one one-year extension.

D. Hearing on Expiration and/or Validity of Permits or Approvals. At the request of the applicant or permittee, the city planner may schedule a hearing before the planning commission in compliance with Chapter 19.88 SMC, Public Hearings, to determine (1) the continued validity of a permit or approval or (2) whether or not a permit or approval has expired or will expire. The planning commission, and the city council on appeal, if an appeal is filed, may decline, for any reason, to determine the continued validity of a permit or approval or whether or not a permit or approval has expired or will expire. Any applicant or permittee who requests such a hearing and determination shall, pursuant to SMC 19.03.060, indemnify, defend, and hold the city harmless from any legal proceeding brought to challenge the planning commission’s and/or city council’s decision, irrespective whether the planning commission and/or city council makes a determination pursuant to this subsection (D) or declines to make any such determination. In the event of an appeal of the planning commission’s decision pursuant to this section, the city council’s decision shall supersede that of the planning commission. (Ord. 03-2022 § 1A, 2022; Ord. 01-2021 § 1(4), 2021; Ord. 2003-02 § 3, 2003).

19.56.050 Changes to an approved project.

Development or a new land use authorized through a permit granted in compliance with this development code 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.

A. Request in Writing. 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 may be requested either before or after construction or establishment and operation of the approved use.

B. Limits on Administrative Changes. The city planner may approve one request for 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 development code;

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

4. Do not expand the approved floor area or any outdoor activity area by 10 percent or more over the life of the project;

5. Do not involve the deletion of buildings or units, a reduction in building floors, or a reduction in total floor area of more than 20 percent; and

6. Do not substantially change the approved site plan or architecture of the project.

C. Review Authority Approval Required. Changes to the project involving features described in subsections (B)(2) and (B)(3) of this section, or changes other than those described in subsection (B) of this section, shall only be approved by the review authority through a new permit application or permit revision processed in compliance with this development code.

D. Exemptions. The substitution of equivalent plant varieties in project landscaping shall be exempt from the limitations otherwise set forth in this section. (Ord. 01-2021 § 1(4), 2021; Ord. 2003-02 § 3, 2003).

19.56.060 Permits to run with the land.

A planning permit granted in compliance with Chapter 19.54 SMC, Applications: Filing and Processing, 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. (Ord. 01-2021 § 1(4), 2021; Ord. 2003-02 § 3, 2003).