No application for a land use permit for a nonresidential construction project, as defined in Section 28.85.020 of this chapter, will be accepted or approved on or after December 6, 1989, unless all of the new nonresidential floor area within the project is allocated from one or more of the categories specified in this section and the project is consistent with the City's Traffic Management Strategy (as approved by City Resolution No. 13-010 dated as of March 12, 2013, and as filed with the City Clerk) as implemented in Section 28.85.050.
A. 
Development limit. From the effective date of this chapter until December 31, 2033, the amount of new nonresidential floor area available for nonresidential construction projects shall be restricted to no more than 1,350,000 square feet. This allowable floor area shall be allocated from the following categories, as defined in Section 28.85.020 of this chapter:
Category
Square Footage
Community Benefit
600,000 s.f.
Small Addition Floor Area
400,000 s.f.
Vacant Property
350,000 s.f.
Except as otherwise provided in this section and as allocated on an annual basis by a resolution of the Planning Commission, Small Additions shall be limited to no more than 20,000 square feet of nonresidential floor area during each calendar year from the effective date of this chapter through December 31, 2033. Any unused, expired, or withdrawn development square footage remaining from each annual allotment from the Small Additions category may be rolled over to the following year's Small Additions allotment or allocated to another category by a resolution of the Planning Commission. Procedures for allocating square footage under these categories shall be established by resolution of City Council.
B. 
Nonresidential floor area excluded from the development limit. Nonresidential floor area may be constructed or converted from residential floor area without requiring an allocation from the allowable square footage specified in subsection A of this section so long as the nonresidential floor area falls within the following categories, as defined in Section 28.85.020 of this chapter:
1. 
City Government Buildings.
2. 
Government Displacement Floor Area.
3. 
Hotel Room for Room Replacement.
4. 
Minor Addition Floor Area.
5. 
Prior-Pending Projects.
6. 
Prior-Approved Projects.
7. 
Prior-Approved Specific Plan Project.
8. 
Transfers of Existing Development Rights, as defined in Section 28.95.020 of this code.
(Ord. 5609, 2013)
The following words and phrases shall have the meaning indicated, unless the context or usage clearly requires a different meaning:
Community Benefit Project.
A project which has been designated by the City Council as satisfying one or more of the following categories is a Community Benefit Project:
1. 
Community Priority Project.
A Community Priority Project is a project that has a broad public benefit, is not principally operated for private profit, and is necessary to meet a present or projected need directly related to public health, safety or general welfare (e.g., museums, childcare facilities, health clinics).
2. 
Economic Development Project.
An Economic Development Project is a project that is consistent with the City Charter, General Plan and this title, will enhance the standard of living for City and South Coast residents, and will strengthen the local or regional economy by either creating new permanent employment opportunities or enhancing the City's revenue base. An Economic Development Project should also accomplish one or more of the following:
a. 
Support diversity and balance in the local or regional economy by establishing or expanding businesses or industries in sectors which currently do not exist on the South Coast or are present only in a limited manner; or
b. 
Provide new recreational, educational, or cultural opportunities for City residents and visitors; or
c. 
Provide products or services which are currently not available or are in limited supply either locally or regionally; or
d. 
Support a small and local business in the Santa Barbara community which is being started, maintained, relocated, redeveloped or expanded.
For purposes of this section, "standard of living" is defined as wages, employment, environment, resources, public safety, housing, schools, parks and recreation, social and human services, and cultural arts.
3. 
Planned Development - New Automobile Sales Project.
A Planned Development - New Automobile Sales Project is a project within a Planned Development zone that proposes a project involving new automobile sales, rental and leasing as allowed in Chapter 28.39 of this code.
Development Area.
A Development Area is a portion of the City that the City of Santa Barbara Traffic Model (as approved by the City Council by Resolution No. 13-010 dated as of March 12, 2013, and as filed with the City Clerk) has shown to have distinct traffic generation patterns, as identified on the Development Area Map. The City of Santa Barbara Development Areas are shown on the map labeled "Growth Management Program Development Areas" (as approved by City Resolution No. 13-010 dated as of March 12, 2013). All notations, references and other information shown on said map are incorporated by reference herein and made a part hereof.
Existing Nonresidential Floor Area.
Existing Nonresidential Floor Area is nonresidential floor area that existed on a lot as of October 1, 1988, or nonresidential floor area that was approved and constructed or converted from residential floor area after October 1, 1988, in compliance with, or exempt from, a City development plan or nonresidential growth management program ordinance.
Floor Area.
Floor Area is the area included within the surrounding exterior walls of a building, or a portion thereof, excluding the area occupied by the exterior walls, vent shafts and courts, stairway landings, or areas or structures used exclusively for parking. Enclosed spaces that contain building "infrastructure" (e.g., mechanical equipment enclosures, trash and recycling enclosures, air conditioners, forced air units, electric vaults, water heaters and softeners, cellular telephone equipment, and other similar uses) shall not count toward the calculation of floor area if such areas are designed in the minimum size necessary to screen or enclose such equipment, and the space cannot be converted to storage or another non-infrastructure use. The area occupied by an elevator shaft or stairs shall only be counted in the calculation of floor area on one floor. A building, or a portion thereof, occupied exclusively by public utility equipment constitutes floor area for purposes of development plan review, but shall not count toward the calculation of floor area for purposes of the development limit specified in Section 28.85.010.A. Any floor area which was constructed, approved, demolished or converted in violation of any provision of this code shall not give rise to any right to rebuild or transfer floor area.
Government Building.
A Government Building is a building owned or leased by the city of Santa Barbara, excluding buildings or portions of buildings that are leased to private entities conducting non-governmental activities (e.g., the private leaseholds at the Harbor or Airport).
Government Displacement Floor Area.
Government Displacement Floor Area is nonresidential floor area that is constructed or converted from residential floor area to replace nonresidential floor area that was acquired, removed or damaged by direct condemnation or negotiated acquisition by a governmental entity (federal, state or local), provided the nonresidential floor area of the project constructed to replace a building acquired or removed by the government does not exceed the nonresidential floor area of the building so acquired or removed, unless the additional nonresidential floor area is allocated from another available category.
Hotel Room for Room Replacement.
A Hotel Room for Room Replacement is a project which consists of the replacement of existing hotel rooms at the same location, or transferred from another location as part of an approved Transfer of Existing Development Rights pursuant to Chapter 28.95 of this code, on a room for room basis. A Hotel Room for Room Replacement does not include nonresidential floor area outside the hotel rooms.
Land Use Permit.
A Land Use Permit is a governmental decision concerning a permit, license, certificate, or other entitlement for use of land, including a conditional use permit, variance, modification, development plan, specific plan, general plan amendment, coastal development permit, conversion permit, subdivision map (except those creating new single family lots), building permit, grading permit, demolition permit, water service connection or any similar approval or use.
Minor Addition Floor Area.
Minor Addition Floor Area is the first 1,000 square feet of new nonresidential floor area, over the amount of nonresidential floor area that existed on the lot as of December 6, 1989. Procedures for allocating and accounting for Minor Addition Floor Area shall be established by resolution of the City Council.
Nonresidential Construction Project.
A Nonresidential Construction Project is a project, or portion thereof, which consists of the construction of new nonresidential floor area or the conversion of existing residential floor area to nonresidential use. The repair, replacement, or reconstruction of Existing Nonresidential Floor Area (including existing development rights that are transferred from another site) is not considered new nonresidential floor area for the purpose of the nonresidential development limitation specified in Section 28.85.010.A. A nonresidential construction project may occur in the following forms:
1. 
The addition of new nonresidential floor area to an existing structure; or
2. 
The construction of new nonresidential floor area in a free standing structure on real property containing another structure; or
3. 
The construction of new nonresidential floor area as a portion of a mixed use building; or
4. 
The conversion of residential floor area to nonresidential floor area; or
5. 
A new building on vacant real property that contains nonresidential floor area.
Nonresidential Floor Area Ratio.
The Nonresidential Floor Area Ratio of a lot is a ratio of the nonresidential floor area on the lot to the net lot area of the lot.
Prior-Approved Projects.
A Prior-Approved Project is a project for which a land use permit (other than an application for Specific Plan approval) was approved on or before April 11, 2013, and where the approval remains valid.
Prior-approved specific plan project.
A Prior-Approved Specific Plan Project is a project that implements a specific plan that was approved prior to April 16, 1986, the specific plan required the construction of substantial circulation system improvements, and the required circulation system improvements were either:
1. 
Installed prior to April 11, 2013; or
2. 
Constructed after April 11, 2013, pursuant to an Owner Participation Agreement and installed prior to the approval of any development plan(s) related to the approved specific plan.
Prior-Pending Project.
A Prior-Pending Project is a nonresidential construction project for which an application for a land use permit was deemed complete by the City before April 11, 2013, and the application: (1) has not been denied by the City; (2) has not been withdrawn by the applicant; and (3) has not yet received City approval.
Small Addition Floor Area.
Small Addition Floor Area is the 2,000 square feet of new nonresidential floor area over the amount of nonresidential floor area that existed on the lot on December 6, 1989, and any floor area that has been constructed or approved as Minor Addition Floor Area pursuant to this chapter or any preceding development plan ordinance since December 6, 1989. Procedures for allocating Small Addition Floor Area shall be established by resolution of the City Council.
Vacant Property.
A Vacant Property is a lot of land that was not developed with a permanent building containing floor area as of October 1, 1988, and has not since been developed with any permanent building containing floor area. A vacant property may be allocated new nonresidential floor area from the Vacant Property category up to a maximum nonresidential floor area ratio of 0.25. Any nonresidential development proposed for the lot over the 0.25 floor area ratio must be allocated from another development category available for allocation on the lot.
(Ord. 5609, 2013)
A. 
Development plan application submission. Before any project requiring approval of a development plan pursuant to this chapter is hereafter permitted in any zone, including zones at the Santa Barbara Municipal Airport, a complete development plan application for the proposed development shall be submitted to the Community Development Department for review and consideration in accordance with the provisions of this chapter.
B. 
Review by pre-application review team. All nonresidential construction projects involving the construction, addition, or conversion of more than 3,000 square feet of nonresidential floor area and all transfers of existing development rights, regardless of size, shall be reviewed by the Pre-Application Review Team as provided in Section 27.07.070 of this code.
C. 
Development plan approval requirements. Except as otherwise specified in this subsection C, all nonresidential construction projects and all Transfers of Existing Development Rights require approval of a Development Plan.
1. 
Design Review Approval. Any nonresidential construction project that involves the construction, addition, or conversion of more than 1,000 square feet of new nonresidential floor area and not more than 3,000 square feet of new nonresidential floor area shall require approval of the design of a development plan from the Architectural Board of Review, or from the Historic Landmarks Commission if the property is located within El Pueblo Viejo Landmark District or another landmark district, or if the structure is a designated City Landmark.
2. 
Staff Hearing Officer Approval. Any nonresidential construction project that involves the construction, addition, or conversion of more than 1,000 square feet of new nonresidential floor area and not more than 3,000 square feet of new nonresidential floor area, and which also requires approval of a City discretionary land use permit from the Staff Hearing Officer, shall require approval of a development plan from the Staff Hearing Officer.
3. 
Planning Commission Approval. The following projects shall require approval of a development plan from the Planning Commission:
a. 
Any nonresidential construction project (including a public utility facility) that involves the construction, addition, or conversion of more than 3,000 square feet of new nonresidential floor area, or
b. 
Any transfer of existing development rights that involves the construction, addition, or conversion of more than 1,000 square feet of nonresidential floor area (as an aggregate total of all development categories) on the receiving site, or
c. 
Any nonresidential construction project that involves the construction, addition, or conversion of more than 1,000 square feet of new nonresidential floor area and not more than 3,000 square feet of new nonresidential floor area, and which requires approval of another land use permit from the Planning Commission, shall require approval of a development plan from the Planning Commission.
d. 
Notwithstanding the review assignments specified in paragraphs 1 and 2 above, any nonresidential construction project or transfer of existing development rights that requires the preparation of an Environmental Impact Report shall be reviewed by the Planning Commission.
4. 
Exceptions. Unless the project requires the preparation of an Environmental Impact Report, the following projects do not require the approval of a development plan:
a. 
A nonresidential construction project that involves the construction, addition, or conversion of not more than 1,000 square feet of nonresidential floor area (as an aggregate total of all development categories), or
b. 
A Transfer of Existing Development Rights that involves the construction, addition, or conversion of nonresidential floor area so long as the project will not result in more than 1,000 square feet of nonresidential floor area over the amount of nonresidential floor area that existed on the lot as of April 11, 2013. This exception is not available for a Transfer of Existing Development Rights that involves the transfer of a hotel room on a room-for-room basis.
(Ord. 5609, 2013)
The following findings shall be made prior to approving any development plan pursuant to this chapter:
A. 
The proposed development complies with all provisions of this title; and
B. 
The proposed development is consistent with the principles of sound community planning; and
C. 
The proposed development will not have a significant adverse impact upon the community's aesthetics or character in that the size, bulk or scale of the development will be compatible with the neighborhood based on the Project Compatibility Analysis criteria found in Sections 22.22.145 or 22.68.045 of this code; and
D. 
The proposed development is consistent with the policies of the City of Santa Barbara Traffic Management Strategy (as approved by City Resolution No. 13-010 dated as of March 12, 2013) as expressed in the allocation allowances specified in Section 28.85.050.
(Ord. 5609, 2013)
In order to utilize the City's existing transportation capacity efficiently and to prioritize constrained transportation capacity for high priority land uses, the City has established a Traffic Management Strategy (as approved by City Resolution No. 13-010 dated as of March 12, 2013). In furtherance of the Traffic Management Strategy and recognizing the differential rates of traffic generation observed in the City of Santa Barbara Traffic Model methodology (as used in connection with the preparation of the General Plan FEIR) between the different Development Areas, only certain categories of nonresidential development are available for allocation within the Development Areas identified in this section.
A. 
Downtown Development Area. If all of the floor area for a project is proposed from a category or categories of development that are available for allocation within the development area in which the proposed project is located, the project's contribution to a potentially significant adverse cumulative traffic impact may be overridden by the Planning Commission. Within the Downtown Development Area, unless specifically authorized below, a project-specific potentially significant adverse traffic impact cannot be overridden by the Planning Commission. The following categories of nonresidential development are available for allocation to lots within the Downtown Development Area:
1. 
Prior-Approved Projects. Prior-Approved Projects do not require further environmental review.
2. 
Prior-Pending Projects.
3. 
Prior-Approved Specific Plan Projects. A Prior-Approved Specific Plan Project that presents a project-specific potentially significant adverse traffic impact may be approved by the Planning Commission following the adoption of a Statement of Overriding Considerations in the manner authorized by C.E.Q.A.
4. 
Minor Addition Floor Area. A project constructing, adding, or converting Minor Addition Floor Area that presents a project-specific potentially significant adverse traffic impact may be approved by the Planning Commission following the adoption of a Statement of Overriding Considerations in the manner authorized by C.E.Q.A.
5. 
Small Addition Floor Area.
6. 
Vacant Property. A Vacant Property Project that presents a project-specific potentially significant adverse traffic impact may be approved by the Planning Commission following the adoption of a Statement of Overriding Considerations in the manner authorized by C.E.Q.A.
7. 
Community Priority Projects. A Community Priority Project that presents a project-specific potentially significant adverse traffic impact may be approved by the Planning Commission following the adoption of a Statement of Overriding Considerations in the manner authorized by C.E.Q.A.
8. 
Economic Development Projects.
9. 
Transfers of Existing Development Rights (TEDR), as defined in Section 28.95.020 of this code, from any Development Area.
a. 
A Transfer of Existing Development Rights between lots within the same Development Area that will result in the construction, addition, or conversion of not more than 1,000 square feet of nonresidential floor area over the amount of nonresidential floor area that existed on the receiving lot as of the effective date of this chapter and that presents a project-specific potentially significant adverse traffic impact may be approved by the Planning Commission following the adoption of a Statement of Overriding Considerations in the manner authorized by C.E.Q.A.
b. 
All other Transfers of Existing Development Rights (including Hotel Room for Room Replacements) that result in a project-specific potentially significant adverse traffic impact cannot be overridden.
10. 
Hotel Room for Room Replacement. An on-site Hotel Room for Room Replacement that presents a project-specific potentially significant adverse traffic impact may be approved by the Planning Commission following the adoption of a Statement of Overriding Considerations in the manner authorized by C.E.Q.A.
11. 
Demolition and Reconstruction of Existing Nonresidential Floor Area on the same lot. The Demolition and Reconstruction of Existing Nonresidential Floor Area on the same lot that presents a project-specific potentially significant adverse traffic impact may be approved by the Planning Commission following the adoption of a Statement of Overriding Considerations in the manner authorized by C.E.Q.A.
12. 
City Government Buildings. A government building project that presents a project-specific potentially significant adverse traffic impact may be approved by the Planning Commission following the adoption of a Statement of Overriding Considerations in the manner authorized by C.E.Q.A.
13. 
Government Displacement Floor Area. A Government Displacement Floor Area Project that presents a project-specific potentially significant adverse traffic impact may be approved by the Planning Commission following the adoption of a Statement of Overriding Considerations in the manner authorized by C.E.Q.A.
14. 
Public Utility Facilities. A Public Utility Facility that presents a project-specific potentially significant adverse traffic impact may be approved by the Planning Commission following the adoption of a Statement of Overriding Considerations in the manner authorized by C.E.Q.A.
B. 
Upper State Street, Mesa, Coast Village Road, and Riviera Development Areas (Outlying Development Areas). If all of the floor area for a project is proposed from a category or categories of development that are available for allocation within the development area in which the proposed project is located, the project's contribution to a significant cumulative traffic impact may be overridden. Within the Outlying Development Areas, unless specifically authorized below, a project-specific potentially significant adverse traffic impact cannot be overridden by the Planning Commission. The following categories of nonresidential development are available for allocation to lots within the Outlying Development Areas:
1. 
Prior-Approved Projects. Prior-Approved Projects do not generally require further environmental review.
2. 
Prior-Pending Projects.
3. 
Prior-Approved Specific Plan Projects. A Prior-Approved Specific Plan Project that presents a project-specific potentially significant adverse traffic impact may be approved by the Planning Commission following the adoption of a Statement of Overriding Considerations in the manner authorized by C.E.Q.A.
4. 
Minor Addition Floor Area. A project constructing, adding, or converting Minor Addition Floor Area that presents a project-specific potentially significant adverse traffic impact may be approved by the Planning Commission following the adoption of a Statement of Overriding Considerations in the manner authorized by C.E.Q.A.
5. 
Vacant Property. A Vacant Property Project that presents a project-specific potentially significant adverse traffic impact may be approved by the Planning Commission following the adoption of a Statement of Overriding Considerations in the manner authorized by C.E.Q.A.
6. 
Community Priority Projects. A Community Priority Project that presents a project-specific potentially significant adverse traffic impact may be approved by the Planning Commission following the adoption of a Statement of Overriding Considerations in the manner authorized by C.E.Q.A.
7. 
Transfer of Existing Development Rights (including Hotel Room for Room Replacements), as defined in Section 28.95.020 of this code, from and to lots within the same Development Area. No receiving site located in an Outlying Development Area may receive a Transfer of Existing Development Rights from a sending site that is located in another Development Area.
a. 
A Transfer of Existing Development Rights between real properties within the same Development Area that will result in the construction, addition, or conversion of not more than 1,000 square feet of nonresidential floor area over the amount of nonresidential floor area that existed on the receiving lot as of April 11, 2013, and that presents a project-specific potentially significant adverse traffic impact may be approved by the Planning Commission following the adoption of a Statement of Overriding Considerations in the manner authorized by C.E.Q.A.
b. 
All other Transfers of Existing Development Rights (including Hotel Room for Room Replacements) that result in a project-specific potentially significant adverse traffic impact cannot be overridden by the Planning Commission.
8. 
Demolition and Reconstruction of Existing Nonresidential Floor Area on the same parcel. The Demolition and Reconstruction of Existing Nonresidential Floor Area on the same lot that presents a project-specific potentially significant adverse traffic impact may be approved by the Planning Commission following the adoption of a Statement of Overriding Considerations in the manner authorized by C.E.Q.A.
9. 
Government Buildings. A Government Building that presents a project-specific potentially significant adverse traffic impact may be approved by the Planning Commission following the adoption of a Statement of Overriding Considerations in the manner authorized by C.E.Q.A.
10. 
Government Displacement Project. A Government Displacement Floor Area Project that presents a project-specific potentially significant adverse traffic impact may be approved by the Planning Commission following the adoption of a Statement of Overriding Considerations in the manner authorized by C.E.Q.A.
11. 
Hotel Room for Room Replacement. An on-site Hotel Room for Room Replacement that presents a project-specific potentially significant adverse traffic impact may be approved by the Planning Commission following the adoption of a Statement of Overriding Considerations in the manner authorized by C.E.Q.A.
12. 
Public Utility Facilities. A Public Utility Facility that presents a project-specific potentially significant adverse traffic impact may be approved by the Planning Commission following the adoption of a Statement of Overriding Considerations in the manner authorized by C.E.Q.A.
13. 
Planned Development - New Automobile Sales Project. A Planned Development - New Automobile Sales Project that presents a project-specific potentially significant adverse traffic impact may be approved by the Planning Commission following the adoption of a Statement of Overriding Considerations in the manner authorized by C.E.Q.A.
C. 
Airport Development Area. If all of the floor area for a project is proposed from a category or categories of development that are available for allocation within the development area in which the proposed project is located, the project's contribution to a significant cumulative adverse traffic impact may be overridden by the Planning Commission. Within the Airport Development Area, unless specifically stated below, a project-specific potentially significant adverse traffic impact may be overridden by the Planning Commission with the adoption of a Statement of Overriding Considerations in the manner authorized by C.E.Q.A. The following categories of nonresidential development are available for allocation to real properties within the Airport Development Area:
1. 
Prior-Approved Projects.
2. 
Prior-Pending Projects.
3. 
Prior-Approved Specific Plan Projects.
4. 
Minor Addition Floor Area.
5. 
Small Addition Floor Area.
6. 
Vacant Property.
7. 
Community Priority Projects.
8. 
Economic Development Projects.
9. 
Transfers of Existing Development Rights (including Hotel Room for Room Replacements), as defined in Section 28.95.020 of this code, from and to lots within the Airport Development Area are available for allocation. No Receiving Site located in the Airport Development Area may receive a Transfer of Existing Development Rights (including Hotel Room for Room Replacements) from a Sending Site that is located in another Development Area.
10. 
Demolition and Reconstruction of Existing Nonresidential Floor Area on the same lot.
11. 
Government Buildings.
12. 
Government Displacement Projects.
13. 
Public Utility Facilities.
(Ord. 5609, 2013)
If a nonresidential construction project or transfer of existing development rights requires the approval of a development plan by the Architectural Board of Review, Historic Landmarks Commission, Staff Hearing Officer, Planning Commission, or the City Council on appeal, the Architectural Board of Review, Historic Landmarks Commission, Staff Hearing Officer, Planning Commission, or City Council shall hold a public hearing prior to taking action on any development plan. Notice of the public hearing shall be given in accordance with Section 28.87.380.
(Ord. 5609, 2013)
A decision by the Architectural Board of Review, the Historic Landmarks Commission, or the Planning Commission under this chapter may be appealed according to the provisions of Chapter 1.30. A decision by the Staff Hearing Officer under this chapter may be appealed according to the provisions of Section 28.05.020 of this code.
(Ord. 5609, 2013)
Fees for filing applications and appeals in accordance with this chapter shall be established by resolution of the City Council.
(Ord. 5609, 2013)
Subject to the adjustments for projects with multiple approvals specified in Section 28.87.370 of this code, development plan approvals shall have the following time limits:
A. 
Time limit. A development plan approved pursuant to any provision of this title shall expire four years from the date of its approval, except as otherwise provided herein. No building or grading permit for any work authorized by a development plan shall be issued following expiration of that plan.
B. 
Conditions. Any condition imposed on a development plan may, in the discretion of the body approving the development plan, also constitute (i) a condition to the issuance of and continued validity of any building or grading permit issued to implement that development plan, (ii) a condition to the issuance of the certificate of occupancy with respect to any improvements authorized by the development plan and (iii) if recorded with the County Recorder, to the continued validity of the certificate of occupancy. Violation of any such condition shall be grounds for suspension or revocation of any building or grading permit or certificate of occupancy issued with respect to the development plan.
C. 
Extension of time period. Upon application of the developer filed prior to the expiration of the development plan, the time at which the development plan expires may be extended by the Community Development Director for one year. An extension of the expiration date of a development plan shall be granted if it is found that there has been due diligence to implement and complete the proposed project as substantiated by competent evidence in the record.
D. 
Suspension of time during moratorium. The period of time specified in subsection A of this section, including any extension thereof granted pursuant to subsection C above, shall not include any period of time during which a moratorium, imposed after approval of the development plan, is in existence, provided, however, that the length of the moratorium does not exceed five years. For purposes of this subsection, a development moratorium shall include (i) a water or sewer moratorium, (ii) a water and sewer moratorium, and (iii) a building or grading permit moratorium, as well as other actions of public agencies which regulate land use, development, or the provision of services to the land other than the City, which thereafter prevents, prohibits, or delays the completion of the development. Once a moratorium is terminated, the development plan shall be valid for the same period of time as was left to run on the development plan at the time that the moratorium was imposed. However, if the remaining time is less than 120 days, the development plan shall be valid for 120 days following the termination of the moratorium.
E. 
Suspension of time during litigation. The period of time specified in subsection A of this section, including any extension thereof granted pursuant to subsection C, shall not include the period of time during which a lawsuit involving the approval of the development plan or related approvals is or was pending in a court of competent jurisdiction. After service of the initial petition or complaint in the lawsuit upon the City, the applicant may advise the City of the need for a litigation tolling stay pursuant to the City's adopted procedures.
F. 
Development plans already approved.
1. 
Beginning Date—Development Plan Approvals. The adoption of this chapter shall not alter the date of approval of a Development Plan approved prior to the adoption of this chapter.
2. 
Specific Plan Development Plan Approvals. For the purposes of calculating the expiration date of a Specific Plan project development plan approved in accordance with Chapter 29.30, development plan approvals shall be deemed to expire eight years after the date of the final City action approving the project development plan and shall include any related project approvals or modifications granted by the City in connection therewith.
G. 
Disposition of floor area allocated to expired projects. For projects with floor area allocated from the Small Addition category, the unused floor area shall be made available for allocation to Small Addition or Community Benefit Projects, as determined by Planning Commission Resolution, upon expiration of the development plan. For projects with floor area allocated from the Community Benefit and Vacant Property categories, the unused floor area shall revert to the category from which the floor area was allocated upon expiration of the development plan. Floor area that was excluded from the development limit specified in Section 28.85.010 under the Prior-Approved or Prior-Pending categories shall expire upon expiration of the project's development plan and shall not be available for another allocation.
(Ord. 5609, 2013)
When more than one valid approved development plan exists for a lot, upon issuance of a building or grading permit for any work authorized by one of the approved development plans, all other development plans approved for that lot are deemed abandoned by the property owner. No building or grading permit shall be issued for any work authorized by a development plan following abandonment of that plan. For projects with floor area allocated from the Small Addition category, any unused floor area shall be made available for allocation to the Small Addition category or the Community Benefit Project category upon abandonment of a development plan. For projects with floor area allocated from the Community Benefit and Vacant Property categories, any unused floor area shall revert to the category from which the floor area was allocated upon abandonment of a development plan.
(Ord. 5609, 2013)