Fountain Valley City Zoning Code
CHAPTER 21
54 ENTITLEMENT IMPLEMENTATION, TIME LIMITS AND EXTENSIONS
§ 21.54.010 Purpose.
This chapter provides requirements for the implementation or "exercising" of the entitlements identified in this title, including time limits and procedures for granting extensions of time.
(Ord. 1308 § 5, 2000)
§ 21.54.020 Conformance to approved plans.
(a)
Compliance. All work performed under a building permit for which project drawings and plans have received approval by the director, commission or council shall be in substantial compliance with the approved drawings and plans, any statements (written or oral) made in support of the application, and any conditions of approval imposed by the review authority.
(Ord. 1308 § 5, 2000)
§ 21.54.030 Effective dates.
(a)
Entitlements/Variances. A conditional use permit, development review, home occupation permit, precise plan of design, temporary use permit or variance shall become effective on the eleventh calendar day following the date the decision is rendered by the applicable review authority.
(b)
Plans/Amendments. Council actions to adopt or amend a development agreement, a specific plan, the zoning map, or this title shall become effective on the thirtieth day following the second reading by the council. An amendment to the general plan shall become effective immediately upon the council's action.
(Ord. 1308 § 5, 2000; Ord. 1563 § 8, 2020)
§ 21.54.040 Applications deemed approved by state law.
(a)
Applicable Provisions. An entitlement application deemed approved in compliance with state law shall be subject to all applicable provisions of this title, which shall be satisfied by the applicant before a building permit is issued or a land use not requiring a building permit is exercised or established.
(Ord. 1308 § 5, 2000)
§ 21.54.050 Time limits and extensions.
(a)
Time Limits.
(1)
To ensure continued compliance with the provisions of this chapter, each approved entitlement shall expire 12 months from the date of approval, unless otherwise specified in the entitlement, if the use has not been exercised.
(2)
Time extensions may be granted, or conditionally granted, in compliance with subsection (c) of this section.
(3)
If an entitlement has not been exercised within the established time frame, and a time extension is not granted, the provisions of subsection (c) of this section shall deem the entitlement void.
(b)
Entitlement Implementation.
(1)
An approved entitlement shall be exercised before its expiration. The entitlement shall not be deemed exercised until the applicant has:
(A)
Obtained and acted upon a building permit with continuous on-site construction activity including pouring of foundations, installation of utilities or other similar substantial improvements has commenced;
(B)
Obtained a grading permit and has completed a significant amount of on-site grading, as determined by the director; or
(C)
Diligently continued the approved construction/grading activities without stopping for more than 180 days; or
(D)
Actually implemented the allowed land use, in its entirety, on the subject property in compliance with the conditions of approval.
(2)
Project Phasing.
(A)
Where the entitlement provides for development in two or more phases or units in sequence, the entitlement shall not be approved until the review authority has approved a phasing plan for the entire project site.
(B)
The applicant shall not be allowed to develop a portion of the proposed development under the original approval, and then develop the remaining portion(s) in compliance with this section, without prior review authority approval.
(C)
Subsequent phases of an approved project shall be commenced within 12 months of the exercising of the previous phase's entitlement or the entire project entitlement shall expire.
(D)
If the application for the entitlement also involves the approval of a tentative map, the phasing shall be consistent with the tentative map and the entitlement shall be exercised before the expiration of the companion tentative map.
(c)
Extensions of Time.
(1)
The applicant shall file a written request for an extension of time with the department at least 30 days before the expiration of the entitlement, together with the filing fee required by the city's fee resolution.
(2)
The review authority shall determine whether the applicant has made a good faith effort to exercise the entitlement.
(3)
The burden of proof is on the applicant to establish, with substantial evidence beyond the control of the applicant (e.g., demonstration of financial hardship, legal problems with the closure of the sale of the parcel, poor weather conditions in which to complete construction activities, etc.), why the entitlement should be extended.
(d)
Action on Expiration/Extension.
(1)
Upon good cause shown, extensions may be approved or approved with modifications by the review authority that originally approved the entitlement, whose decisions may be appealed in compliance with Chapter 21.60 (Appeals) of this title.
(2)
The maximum number of months that an entitlement may be extended shall not exceed a total of two additional one-year periods (for a maximum of two years total) beyond the expiration of the original approval.
(Ord. 1308 § 5, 2000; Ord. 1602, 10/3/2023)
§ 21.54.060 Changes to an approved project.
(a)
Application.
(1)
A development or new land use allowed through a conditional use permit, development review, home occupation permit, precise plan of design, temporary use permit or variance shall be in substantial compliance with the approved drawings and plans, any statements (written or oral) made in support of the application and any conditions of approval imposed by the review authority, except where changes to the project are approved in compliance with this section.
(2)
An applicant shall request desired changes in writing, and shall also furnish appropriate supporting materials and an explanation of the reasons for the request.
(3)
Requested changes may involve changes to one or more conditions imposed by the review authority or actual changes to the entitlement (e.g., hours of operation, expansion of a use, etc.) as originally proposed by the applicant or approved by the review authority.
(4)
Changes shall be approved before implementation of the changes, and may be requested either before or after construction or establishment and operation of the approved use.
(b)
Public Hearing. If the matter originally required a noticed public hearing, the review authority shall hold a public hearing on the requested change(s), and give notice, in compliance with Chapter 21.58 (Public Hearings) of this title.
(c)
Minor Changes. The director may authorize minor changes to an approved site plan, architecture or the nature of the approved use if the changes:
(Ord. 1308 § 5, 2000)
§ 21.54.070 Resubmittals.
(a)
Resubmittals Prohibited Within 12 Months. For a period of 12 months following the approval, disapproval, revocation/modification, or approved extension of a discretionary entitlement, no application for the same or substantially similar discretionary entitlement for the same site shall be filed.
(b)
Director's Determination. The director shall determine whether the new application is for a discretionary entitlement which is the same or substantially similar to the previously approved or disapproved entitlement. the determination of the director may be appealed to the commission, in compliance with Chapter 21.60 (Appeals) of this title.
(Ord. 1308 § 5, 2000; Ord. 1602, 10/3/2023)