This chapter is intended to provide the regulations under which
a permit or entitlement, either before or after it has been initiated,
expires and the procedures for extending the time of the permit or
entitlement.
(Prior code § 16-440.010)
A. New Permit or Entitlement.
1. Permits and Entitlements. To ensure continued compliance with
the provisions of this Development Code:
a. Initiation. The use or construction for which a permit
or entitlement was approved shall be initiated within 12 months from
the effective date of the approval of the application and diligently
pursued to completion, unless:
i. Otherwise identified in the permit or entitlement;
ii. By prior approval of the Director; or
iii.
A tentative map, in which case the expiration of the tentative map shall be in compliance with Section
16.188.100(B) (Time Limits, and expiration of approved tentative map).
b. Expired. If a permit or entitlement has not been initiated in compliance with subsection
(A)(1)(a) of this section (Initiation), and a time extension has not been filed in compliance with Section
16.96.030 (Extensions of time), the permit or entitlement shall be void without further action by the Review Authority.
c. Annexation. If an application for a use, structure, or parcel that is located outside the jurisdiction of the City is approved by the City, all approvals, except General Plan amendments, prezonings, master development plans, specific plans, and precise road plans, shall expire if annexation does not occur within 12 months of the date of approval of the application. Permits and entitlements shall be initiated within 12 months of annexation in compliance with subsection
(A)(1)(a) of this section (Initiation).
2. Phased Development Projects.
a. Two or More Phases.
i. Identified Phases. Where the permit/entitlement provides
for development in two or more phases or units in identified sequence,
the permit/entitlement shall not be approved until the Review Authority
has approved the final phasing plan for the entire project site.
ii. Before Developing a Phase. The project applicant shall
not be allowed to develop only a portion of the approved project without
first obtaining City approval of a phasing plan for the entire project
in compliance with this section.
iii.
Unidentified Phasing Plan. Approved projects, whose
various elements would be built over a period of time without an identified
phasing plan, shall comply with the following provisions:
(A)
Each major component shall be reviewed for compliance to the
plans for the approved project.
(B)
Changes to the original plan may be allowed, subject to Chapter
16.104 (Changes to an Approved Project).
(C)
Applicants with changes that do not meet the requirements of Chapter
16.104 (Changes to an Approved Project), shall be required to submit a new application in compliance with Chapter
16.84 (Application Filing, Processing, and Fees.
b. Conjunction with Tentative Map. If the application for the permit/entitlement also involves the approval of a tentative map, the phasing shall be consistent with the tentative map and the permit/entitlement shall be exercised before the expiration of the companion tentative map in compliance with Section
16.188.100(B) (Time limits and expiration of approved tentative map).
B. Existing Permit or Entitlement.
1. Time. A permit or entitlement, other than a use permit or tentative map, shall be considered to have expired if the use for which the permit or entitlement was granted has ceased for a continuous period of at least 12 months, unless a time extension has been filed in compliance with Section
16.96.030 (Extensions of time). Use permit expiration shall be in compliance with Section
16.168.080(E) (Validity). The tentative map expiration shall comply with Section
16.188.100(B) (Time limits and expiration of approved tentative map).
2. Appeal. The decision by the Director that the use or activity has ceased for at least 12 successive months may be appealed to the Commission in compliance with Chapter
16.100 (Appeals). It shall be the responsibility of the applicant to provide information supporting the determination that the use had not ceased operation for 12 successive months.
(Prior code § 16-440.020)
A. Filing. Any request for an extension of time shall be filed
by the applicant in writing with the Department on or before the date
of the expiration of the permit or entitlement, together with the
filing fee required by the Council's fee resolution. The burden of
proof is on the permittee to establish, with substantial evidence,
why the permit or entitlement should be extended.
B. Review. The Director may:
1. Approve, approve with modifications, or disapprove the extension and shall notify the Commission of the decision in writing. The decision may be appealed to the Commission, in compliance with Chapter
16.100 (Appeals); or
2. Defer
action and refer the application to the Commission.
C. Time for Extensions. The maximum extension of a permit or
entitlement, other than a tentative map, shall not exceed a total
of two additional 12-month periods beyond the expiration of the original
approval, unless otherwise identified in the permit or entitlement.
Extension of tentative maps shall be in compliance with 16.188.100(C)
(Extensions of time for tentative maps).
(Prior code § 16-440.030)