The design review approval of a site plan and architecture subject to Article 40.31 of the Davis Municipal Code shall become null and void if substantial construction in good faith reliance on the approval has not commenced within a thirty-six-month period subsequent to such approval. Such expiration date may be extended by the director for one or more periods not exceeding a total of eighteen months upon a showing that circumstances and conditions upon which the site plan and architecture were approved have not changed. Any such extension by the director shall be processed in accordance with the requirements of Article 40.39 regarding administrative approvals.
Notwithstanding such extension, the holder of an approved site plan and architectural review may request tolling of the term for which the approved site plan and architectural review is valid due to litigation challenging the approval. The tolling request must be submitted in writing to the director prior to the expiration of the term of the approval. The request must establish to the satisfaction of the director that the subject litigation challenges the grant of the underlying permit, or the environmental determinations relating to its approval, and has been filed by a plaintiff or petitioner other than the permit holder. In response to this request, the director may grant a litigation tolling period. The tolling period shall be calculated from the date the action is filed with a court of competent jurisdiction until such time that the court of final jurisdiction enters its final disposition of the case and all appeal periods have expired or such time that the litigation has been dismissed.
(Ord. 1847 § 4; Ord. 2390 § 2, 2012; Ord. 2572 § 24, 2020; Ord. 2677, 11/4/2025)