This Chapter provides requirements for the implementation or "exercising" of the permits required by this Zoning Code, including time limits and procedures for granting extensions of time.

A Design Review approval, Use Permit, Minor Use Permit, Variance, or Minor Variance shall become effective on the 11th day following the date of application approval by the review authority, provided that no appeal has been filed in compliance with Chapter 106.72 (Appeals).

A planning permit application deemed approved in compliance with State law (Government Code § 65956) shall be subject to all applicable provisions of this Zoning Code, which shall be satisfied by the applicant before a Building Permit is issued or a land use not requiring a Building Permit is established.

After the denial of an application for, or the revocation of, a Use Permit, Minor Use Permit, Variance, or Minor Variance, no application for the approval of the same or a substantially similar project on the same site shall be accepted by the Department for processing within 12 months of the decision to deny the application or revoke the planning permit, except where authorized by the Commission or Council.

Except when otherwise provided by this Zoning Code, each planning permit approval that is granted in compliance with Chapter 106.62 (Permit Review and Decisions) shall be deemed to run with the land through any change of ownership of the subject site, from the effective date of the permit, except in any case where a permit expires and becomes void in compliance with Section 106.64.070 (Permit Time Limits, Extensions, and Expiration). All applicable conditions of approval shall continue to apply after a change in property ownership.

A.

Lapse of permit after implementation. A use which has been established and/or operated as approved and the use is discontinued for more than 12 consecutive months shall be considered lapsed if any of the following apply:

1.

If no appurtenant structure is required and the use is discounted for more than 12 consecutive months;

2.

If an appurtenant structure is required for the conditionally-permitted use and the structure is removed from the site for more than 12 consecutive months.

a.

If a structure associated with the operation of a conditionally permitted use is issued a certificate of occupancy and all other conditions of approval of the conditional use permit are satisfactorily completed, the entitlement remains in effect even if the structure is vacant for more than 12 consecutive months; however, no use may be reestablished in the structure and/or on the site unless the use is determined by the Director to be substantially the same as the original conditionally permitted use.

(Ord. No. 2022-001, § 3(Exh. A), 3-10-2022)

Security to guarantee the completion of work required by a condition of approval of a planning permit required by this Zoning Code may be required by the review authority as a condition of approval, or allowed by the Director to defer required improvements or landscaping, in compliance with this Section.

A.

The security shall, as required by law or otherwise at the option of the City, be deposited with the City in the form of cash, a certified or cashier's check, letter of credit, or a faithful performance bond executed by the permittee and a corporate surety authorized to do business in California. The type of security shall be at the discretion of the Director. The security shall remain in effect until all of the secured conditions and/or work have been performed to the satisfaction of the Director.

B.

Upon completion of work to the satisfaction of the Director, the security deposit will be released. However, upon failure to perform any secured condition, the City may cause the work to be done, and may collect from the permittee, and surety in the case of a bond, all costs incurred by the City, including engineering, legal, administrative, and inspection costs.

C.

In the event the City causes the completion of required work guaranteed by the performance guarantee, any unused portion of the security shall be refunded to the permittee after deduction of the cost of the work and administrative costs incurred by the City; except that, to the extent that the Director can demonstrate to the satisfaction of the City Manager that the permittee willfully breached an obligation in a manner that he or she knew or should have known would create irreparable harm to the City, the entire amount of the bond or deposit may be withheld. The City Manager's determination may be appealed to the Council by the permittee in compliance with Chapter 106.72 (Appeals).

A.

Time limits. Unless a condition of approval or other provision of this Zoning Code establishes a different time limit, any permit or approval not exercised within three years of approval shall expire and become void, except where an extension of time is approved in compliance with Subsection B below.

1.

The permit shall not be deemed "exercised" until the permittee has substantially commenced the approved activity or has actually commenced the allowed use on the site in compliance with the conditions of approval.

2.

After it has been exercised, a planning permit shall remain valid and run with the land in compliance with Section 106.64.050 (Permits to Run with the Land), as long as a Building Permit is active for the project, and after a final building inspection or certificate of occupancy has been granted.

3.

If a project is to be developed in approved phases, each subsequent phase shall be exercised within three years from the date that the previous phase was exercised, unless otherwise specified in the permit, or the permit shall expire and be void in compliance with Subsection D below, except where an extension of time is approved in compliance with Subsection B below. If the project also involves the approval of a Tentative Map, the phasing shall be consistent with the Tentative Map and the permit shall be exercised before the expiration of the Tentative Map, or the permit shall expire and become void.

4.

In the event of expiration, the City shall take action to revoke the permit in compliance with Section 106.64.090 (Permit Revocation or Modification), no later than the time that the property owner attempts to rely on the permit, including by applying for a grading, building, or other construction permit.

B.

Extensions of time. Upon written request by the applicant, the Director may grant a single extension of one year to the time for an approved Planning Permit to be exercised. In the case of projects that involve tentative maps that are extended in time pursuant to the provisions of the Subdivision Map Act, all entitlements associated with that project shall expire no sooner than the approved tentative map.

1.

Filing and review of request.

a.

Time for filing. The applicant shall file a written request for an extension of time with the Director before the expiration of the permit, together with the filing fee required by the City's Fee Schedule.

b.

Evidence to be provided. The Director shall determine whether the applicant has made a good faith effort to exercise the permit. The burden of proof is on the applicant to establish, with substantial evidence, that circumstances beyond the control of the applicant (e.g., demonstrated financial hardship, problems with completing the acquisition of the parcel, poor weather during periods of planned construction, etc.) have prevented exercising the permit.

2.

Action on extension request. A permit may be extended as follows for no more than two additional one-year periods beyond the expiration of the original approval, provided that the review authority first finds that there have been no changes in the conditions or circumstances of the site or project such that there would have been grounds for denial of the original project.

a.

Director's action. Upon good cause shown, the first extension may be approved, approved with modifications or disapproved by the Director, whose decisions may be appealed to the Commission, in compliance with Chapter 106.72 (Appeals).

b.

Commission action. One subsequent extension may be approved, approved with modifications, or disapproved by the Commission, whose decisions may be appealed to the Council in compliance with Chapter 106.72 (Appeals).

C.

Expiration. If a permit expiration date is reached with no extension requested, or a requested extension is denied or expires, the permit shall be revoked in compliance with Section 106.64.090 (Permit Revocation or Modification).

D.

Effect of expiration. After the expiration of a planning permit in compliance with Subsection A.1 above, no further work shall be done on the site until a new planning permit and any required Building Permit or other City permits are first obtained.

(Ord. No. 2008-15, § 1, 12-11-2008; Ord. No. 2022-001, § 3(Exh. A), 3-10-2022)

Development or a new land use authorized through a planning permit granted in compliance with this Zoning Code shall be established only as approved by the review authority, and in compliance with any conditions of approval, except where a change to the project is approved as follows:

A.

Application. An applicant shall request a desired change in writing, and shall also furnish appropriate supporting materials and an explanation of the reasons for the request. A change may be requested either before or after construction, or establishment and operation of the approved land use.

B.

Changes approved by Director. The Director may authorize one or more changes to an approved site plan, architecture, conditions of approval, or the nature of the approved land use where the Director first determines the change is minor, and finds that each change:

1.

Is consistent with all applicable provisions of this Zoning Code;

2.

Does not involve a feature of the project that was a basis for findings in a negative declaration or environmental impact report for the project; and

3.

Does not involve a feature of the project that was specifically addressed or was a basis for conditions of approval for the project or that was a specific consideration by the review authority (e.g., the Director, Commission, or Council) in the project approval.

The Director may choose to refer any requested change to the original review authority for review and final action.

C.

Changes approved by original review authority. A proposed change that does not comply with the criteria in Subsection B above, shall only be approved by the original review authority for the project through a new permit application processed in compliance with this Zoning Code.

An approved planning permit may be revoked, or conditions of approval or other provisions of the permit or entitlement may be modified by the City in compliance with this Section.

A.

Notice and hearing. The review authority shall hold a public hearing to revoke or modify an application, entitlement, or permit granted in compliance with the provisions of this Zoning Code. Notice of the hearing shall be provided, and the hearing shall be conducted in compliance with Chapter 106.76 (Public Hearings) .

B.

Review authority action. A Planning Permit may be revoked or modified by the review authority that originally approved the permit (e.g., Director, Commission or Council), after first making one or more of the following findings:

1.

One or more of the findings required to grant the original permit can no longer be made because of changes to the project by the applicant;

2.

Permit issuance was based on misrepresentation by the applicant, either through the omission of a material statement in the application, or in public hearing testimony;

3.

One or more conditions of approval have not been completed or have been violated;

4.

The use or structure for which the permit was granted no longer exists or has been suspended for at least 12 months, as defined in Chapter 106.72 (Nonconforming Uses, Structures, and Parcels);

5.

Improvements authorized by the permit are in violation of any code, law, ordinance, regulation, or statute;

6.

The approved use has been expanded beyond the scope of the original approval, so that the external impacts of the use are substantially greater (e.g., traffic, noise, parking requirements, outdoor activities, etc.); or

7.

The permit has expired in compliance with Section 106.64.070 (Permit Time Limits, Extensions, and Expiration).

C.

Effect of revocation. The revocation of a Planning Permit shall have the effect of terminating the permit and denying the privileges granted by the original permit.