This chapter provides requirements for implementing or "exercising" the permits or entitlements approved in compliance with this Zoning Code, including time limits, and procedures for granting amendments and extensions of time.

(Ord. 2070 § 1 (Exh. A)(part), 2006: Ord. 2043 § 1 (part), 2004).

A.

Discretionary decisions by community development director or planning commission. Discretionary decisions made by the community development director or the planning commission shall become effective on the eleventh calendar day following the date a decision is rendered, unless an appeal is filed in compliance with Chapter 21.62, (Appeals). Time limits will extend to the following City Hall working day where the last of the specified number of days falls on a weekend, holiday, or other day when City Hall is officially closed. A decision shall be considered rendered as follows:

1.

Decisions made by the community development director. When a permit, including plans and conditions is approved by the community development director; or

2.

Decisions made by the planning commission following a public hearing. When a resolution is adopted by the planning commission without changes or with changes that are read into the record, if applicable.

B.

Ministerial permits. Ministerial community development director decisions shall be effective immediately upon being stamped and signed by the community development director, or his/her designee.

C.

Decisions by City Council.

1.

Development agreements and amendments to this Zoning Code and the zoning map shall become effective on the thirtieth day following the adoption of an ordinance by the City Council.

2.

A general plan amendment shall be effective on the thirtieth day following the adoption of a resolution by the City Council.

3.

A resolution adopted by the City Council, without changes or with changes that are read into the record, shall be effective immediately following the decision.

(Ord. 2070 § 1 (Exh. A)(part), 2006: Ord. 2043 § 1 (part), 2004).

A.

Permit time limits.

1.

Shall expire in twelve months. To ensure continued compliance with the provisions of this chapter, each approved permit shall expire twelve months after its effective date set by Section 21.56.020, (Effective date of permits), of this section or other date specified in the permit or approval, if the project has not been established on the site. Time extensions may be granted in compliance with subsection C of this section.

2.

Failure to establish project. If the project authorized by a permit has not been established within the required time, and a time extension is not granted, the permit shall expire and be deemed void, without any further action by the city.

3.

Phasing.

a.

Where the permit or approval provides for development in two or more phases or units in sequence, the permit or approval shall not be approved until the decision-making body has approved the final phasing plan for the entire project site. The project applicant shall not be allowed to develop one phase in compliance with the pre-existing base zoning district and then develop the remaining phases in compliance with this section, without prior decision-making body approval.

b.

Pre-approved phases.

(1)

If a project is to be built in pre-approved phases, each subsequent phase shall have twelve months from the previous phase's date of establishment to the next phase's date of establishment to have occurred, unless otherwise specified in the permit or approval, or the permit or approval shall expire and be deemed void, without any further action by the city.

(2)

If the application for the permit or approval also involves the approval of a tentative map, the phasing shall be consistent with the tentative map and the permit or approval shall be established before the expiration of the companion tentative map.

B.

Project established. An approved project shall be deemed to have been established when:

1.

Issuance of building permit. A building permit has been issued;

2.

Commencement of use. An approved use that did not require construction has commenced and has been diligently continued, including issuance of a business license, if applicable; or

3.

Recordation of a map. A map required by the Subdivision Map Act related to the project has been filed and recorded.

C.

Extensions of time.

1.

The applicant may request an extension of the permit expiration date by filing a written request for an extension no later than thirty days before the expiration of the permit, together with the filing fee required by the city's schedule of fees and charges.

2.

The permittee has the burden of proof to establish, with substantial evidence that the applicant has made a good faith effort to fulfill all the requirements of the permit approval, the justification for extension of the permit.

3.

The applicable decision-making body identified in subsection D of this section may grant an extension for a period of time that is deemed commensurate with the justification for the extension presented by the applicant, but in no event for more than an aggregate total extension of twenty-four months beyond the original approval time limit, unless conditions of approval authorize longer extensions.

4.

A request for an extension of time for property located within an overlay combining zoning district shall be reviewed pursuant to the terms of a master use permit as specified by Section 21.14.030.C.10 (Extensions).

D.

Decision-making body.

1.

Upon good cause shown, the first extension may be approved, approved with modifications, or denied by the community development director for a maximum period of twelve months beyond the original approval time limit. The community development director may defer action on the extension and refer the application to the planning commission. This provision shall not apply to property located within an overlay combining zoning district, as specified by Section 21.14.030.C.10 (Extensions).

2.

Subsequent extensions of permits approved by the planning commission, beyond those allowed by the community development director, may only be approved, approved with modifications or denied by the planning commission.

3.

Subsequent extensions of permits approved by the City Council, beyond those allowed by the community development director, may only be approved, approved with modification, or denied by the City Council.

4.

Permit extension decisions may be appealed in compliance with Chapter 21.62, (Appeals).

E.

Public notice for extensions. Notice of a requested permit extension that requires approval by the planning commission or City Council shall be given in compliance with Chapter 21.64, (Public Hearings).

(Ord. 2043 § 1 (part), 2004; Ord. 2070 § 1 (Exh. A)(part), 2006; Ord. No. 2213, §§ 15, 16, 11-1-2016; Ord. No. 2293, § 1(Exh. B), 5-2-2023)

A.

Guarantee faithful performance. The applicant or owner may be required by a permit's conditions of approval or by action of the community development director to provide adequate security to guarantee the faithful performance of any or all conditions of approval imposed by the decision-making body.

B.

Reasonable amount of security. The community development director shall set the amount of the required security at a level that is reasonable in relation to the specific conditions being guaranteed.

(Ord. 2070 § 1 (Exh.A) (part), 2006: Ord. 2043 § 1 (part), 2004).

Building permits for a project that is required to be authorized through the approval of a land use permit in compliance with this Zoning Code may be issued only after:

A.

Appeal period has expired. The appeal period provided by Chapter 21.62, (Appeals) has expired without an appeal being filed, or an appeal has been concluded by the appeal body approving the project; and

B.

All conditions of approval have been completed. All conditions of approval prerequisite to construction have been completed, or the community development director has authorized their deferral on the basis of a performance guarantee (see Section 21.56.040, Performance guarantees, of this chapter).

(Ord. 2070 § 1 (Exh. A)(part), 2006: Ord. 2043 § 1 (part), 2004).

An approved development or new land use shall be established only as specified by the approved land use permit, and subject to any conditions of approval. An applicant may request, in writing, to amend the approved permit, and shall furnish appropriate supporting materials and an explanation of the reasons for the request.

A.

Minor changes. Minor changes may be approved, modified, or denied by the community development director.

B.

Community development director's determination. The community development director shall determine whether a proposed change is minor or major.

C.

Minor changes. The community development director may authorize minor changes to an approved site plan and elevations that will not change the overall character of the proposed development, and only if the changes:

1.

Are consistent with all applicable provisions of this Zoning Code and the spirit and intent of the original approval; and

2.

Do not involve a feature of the project that was:

a.

A basis for findings in a negative declaration or environmental impact report for the project,

b.

A basis for conditions of approval for the project, or

c.

A specific consideration by the decision-making body (e.g., the community development director, planning commission or City Council) in granting the permit or approval.

D.

Major changes.

1.

Major changes include changes to the project involving features specifically described in subsection (C)(2) of this section, and as specified by a master use permit authorized by Section 21.14.030.C (Master use permit) and shall only be approved, modified, or denied by the decision-making body that originally approved the permit.

2.

A major change request shall be processed in the same manner as the original permit or approval.

E.

Legacy Permits. Legacy permits, including Planned Development Permits and Administrative Planned Development Permits, may not be amended and must be revoked in accordance with Section 21.68.030 (Permit revocation) in order to be modified in accordance with current zoning regulations.

(Ord. 2043 § 1 (part), 2004; Ord. 2070 § 1 (Exh. A)(part), 2006; Ord. No. 2213, § 17, 11-1-2016; Ord. No. 2293, § 1(Exh. B), 5-2-2023)

Except for a home occupation permit, any land use permit or approval granted in compliance with the provisions of this Zoning Code shall run with the land and continue to be valid upon a change of ownership of the business, parcel, service, structure, or use that was the subject of the permit application.

(Ord. 2070 § 1 (Exh. A)(part), 2006: Ord. 2043 § 1 (part), 2004).

A.

Resubmittals prohibited within twelve months. For a period of twelve months following the date of denial of a discretionary permit, approval, or amendment, no application for the same or substantially similar discretionary permit, approval, or amendment for the same site shall be filed, except if the denial was without prejudice, or on the grounds of substantial new evidence or proof of changed circumstances to an extent that further consideration is deemed warranted.

B.

Denial without prejudice. There shall be no limitation on subsequent applications for a site on which a project was denied without prejudice.

C.

Community development director's determination. The community development director shall determine whether the new application is for a discretionary permit, approval, or amendment which is the same or substantially similar to the previously approved or denied permit, approval, or amendment.

D.

Appeal. The determination of the community development director may be appealed to the planning commission, in compliance with Chapter 21.62, (Appeals).

(Ord. 2070 § 1 (Exh. A)(part), 2006: Ord. 2043 § 1 (part), 2004).