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)
(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)
(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)
(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)
(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)
(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)
(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)