312-10 Rights Attached to Permits and Variances
10.1 EFFECT OF PERMIT OR VARIANCE
The issuance of a permit authorizes the property owner to undertake the proposed development immediately upon the effective date of the permit subject to all conditions or restrictions imposed by the Hearing Officer; provided, however, that all other permits, licenses, certificates and other grants of approval to which the proposed development project is subject must be secured before the development may be commenced. (Former Section CZ#A315-19(A))
10.2 EFFECTIVE DATE OF PERMIT OR VARIANCE
10.2.1The Planning Director’s action on administrative permits shall be effective immediately. Administrative permits shall not be appealable.
10.2.2Except as specified below the Hearing Officer’s decision on an application shall become effective after the ten (10) working day appeal period unless an appeal is filed in accordance with Section 312-13, Appeal Procedures. For development permits involving projects which are appealable to the Coastal Commission, the effective date shall coincide with the close of the Coastal Commission’s ten (10) working day appeal period, unless either of the following occurs: (Former Section CZ#A315-19(B); Amended by Ord. 2214, 6/6/00)
10.2.2.1An appeal is filed in accordance with Section 312-13.11;
10.2.2.2The notice of final action does not meet the requirements of Section 312-6.7.
When either of the circumstances in subsection 10.2.2.1 or 10.2.2.2 occurs, the Coastal Commission shall, within five (5) calendar days of receiving notice of that circumstance, notify the Department and the applicant that the effective date of the Hearing Officer’s action has been suspended.
10.3 ASSIGNMENTS OF PERMITS AND VARIANCES
Unless otherwise specified in the Zoning Ordinance or in the approved permit, a permit or variance is assignable to subsequent property owners and/or permit holder, but an assignment does not discharge any conditions or obligations of the permit or variance. In order for the permit to be transferred, the permit holder must sign a form transferring the permit to the subsequent permit holder. (Former Section CZ#A315- 19(C); Amended by Ord. 2214, 6/6/00)
10.4 RIGHTS ATTACHED TO PERMITS AND VARIANCES
A change in this ordinance or other applicable ordinance that becomes effective after a permit or variance has been issued shall not apply to the right of the person to whom the permit was issued to complete development in accordance with the permit unless the permit has expired. (See also, Chapter 1, Section 311-11, Completion of Existing Buildings When the Regulations Change, which requires that work be commenced within 120 days of permit issuance.) (Former Section CZ#A315-19(D); Amended by Ord. 2214, 6/6/00)
10.5 EXPIRATION OF DEVELOPMENT PERMITS AND VARIANCES
A development permit or variance shall expire and become null and void at the time specified in such permit, or if no time is specified, at the expiration of one (1) year after all applicable appeal periods have lapsed; except where construction or use in reliance on such permit or variance has commenced prior to it’s expiration; provided, however, that the period within which such construction or use must be commenced may be extended as provided by Section 312-11, Minor Deviations, Modifications and Extensions. (See also, Chapter 1, Section 311- 11, Completion of Existing Buildings When the Regulations Change, which requires that work be commenced within 120 days of permit issuance.) (Former Section INL#317-27, 317-37, 317-40.8; CZ#A315-23; Ord. 946, Sec. 4, 10/2/73; Amended by Ord. 2214, 6/6/00)
10.6 RENEWAL OF DEVELOPMENT PERMITS AND VARIANCES
Where specifically allowed by the Zoning Ordinance, development permits may be renewed consistent with the provisions of the Zoning Ordinance. (Ord. 2734, § 6, 3/5/2024)