§ 9-71.030. Time Limits and Extensions

A.

Purpose. This Section is intended to provide a method to extend the time originally allowed for use inauguration of a previously approved project that has not expired.

B.

Time limits.

1.

Unless conditions of approval or other provisions of this Development Code establish a different time limit, any permit or approval granted in compliance with Chapter 9-52 (Permit Review, Approval, Disapproval or Modification) that is not "vested" within 36 months of its approval shall expire and become void, except where an extension of time is approved in compliance with Subsection E (Extensions of time), below.

2.

The permit shall not be deemed "vested" until the permittee has commenced actual construction (after obtaining all required Building Permits) or has actually commenced the allowed use on the subject site in compliance with the conditions of approval.

3.

For the purposes of this Development Code, actual construction shall mean the placing of construction materials for a habitable structure in a permanent manner, excavation of a basement, or demolition of existing structures preparatory to rebuilding. However, the construction work shall be diligently pursued until completion of the subject structure(s).

4.

The land use permit shall remain valid as long as a Building Permit is active for the project, or a final building inspection or Certificate of Occupancy has been granted.

5.

If a project is to be developed in approved phases, all subsequent phases shall be vested within 36 months from the approval date. If the project also involves the approval of a Tentative Map, the phasing shall be consistent with the Tentative Map and the permit shall be vested before the expiration of the Tentative Map, or the permit shall expire and be deemed void. Therefore, if the map expires, then the permit expires also.

C.

Life of approval. An approval shall remain in effect so long as:

1.

Projects involving the construction of structures. Where project phasing has been approved and substantial site work has been accomplished in a subsequent phase within 180 days of a final building inspection of the last unit in the current phase, the approval shall continue in force. The 12-month time period shall be extended by any time used to process a time extension application, and any appeal in compliance with Chapter 9-76 (Appeals).

2.

Non-building projects. The project is completed in compliance with Subsection (D)(3) (Project completion defined), below, within 36 months or greater period authorized by an approval or approval of an extension of a project.

3.

Resource extraction operations. In the case of a resource extraction operation approved in compliance with Section 9-44.190 (Surface Mining Permits and Reclamation Plans), the extraction operations have been commenced.

4.

Wireless telecommunications facilities. In the case of a wireless facility approved in compliance with Chapter 9-46, the facility operations have been commenced.

D.

Lapse of approval. In the event that any of the circumstances listed in Subsection (1)(a) or (1)(b) below occur, an approval shall be deemed to have lapsed. No use of land or structure, the approval for which has lapsed in compliance with this Subsection, shall be reactivated, re-established, or used unless a new approval is first obtained.

1.

Completed projects. When a project has been completed or an authorized use not involving construction has been established, in compliance with Subsection (D)(3) (Project completion defined), below, the approval which authorized the project shall remain valid and in force, including any conditions of approval, unless:

a.

An approved use authorized through a project approval is removed from the site, and the site remains vacant for a period exceeding 12 months, in which case the approval shall lapse; or

b.

A structure authorized through a project approval remains vacant and unused for its authorized purpose, or is abandoned or discontinued for a period exceeding 12 months, the approval shall lapse.

2.

Partially completed projects. Until development rights have vested, its approval shall remain valid so long as the Building Permit remains valid.

3.

Project completion defined. A development project is considered completed when:

a.

All structures in a single-family project have been finaled by the Building Official, and site improvements or offsite improvements have been completed and any bonds guaranteeing construction of the improvements have been released by the City Engineer, or in the case of a subdivision, by the Council.

b.

A Certificate of Occupancy has been issued by the Building Official verifying that all multi-family, commercial, or industrial structures, and site improvements or offsite improvements have been completed and any bonds guaranteeing the construction of the improvements have been released by the City Engineer, or in the case of a subdivision, by the Council.

c.

When the Director verifies that a use or activity not involving a Building or Grading Permit is occurring on the subject site in compliance with all applicable provisions of this Development Code and any adopted conditions of the associated permit.

4.

Occupancy or use of partially completed projects. Multiple building projects (e.g., apartment or office complexes or shopping centers) may be granted Certificates of Occupancy for individual completed structures in advance of completion of the entire project when:

a.

Individual structures, but not necessarily all structures, are completed, in compliance with Subsection (D)(3) (Project completion defined), above;

b.

The Director determines that the completed structures are capable of functioning independently from the structures remaining to be completed;

c.

Occupancy of individual structures would not inhibit the completion of the total project;

d.

Partial occupancy during completion would not have a potential adverse effect on persons in the area or nearby properties; and

e.

All offsite public infrastructure and onsite site improvements necessary to the proper functioning of the completed structures, as determined by the City Engineer, have been provided.

E.

Extensions of time.

1.

Time extension by review authority. The Council, Commission or Director, whichever was the original review authority, may grant time extensions for any approval issued in compliance with this Development Code.

2.

Sole discretion of review authority. The time limits for any extension of an approval shall be at the sole discretion of the applicable review authority, except where an approval from this Development Code is tied to an approval for a subdivision [Article 6 (Subdivision Regulations)], the time extension, if granted, shall be not less than the time limit remaining in effect for the subdivision, at the time of consideration.

3.

Time extensions for Tentative Maps, Conditional Use Permits, Cluster Development, and Planned Development Permits by Director.

a.

One time extension, not to exceed three years, for a previously approved Conditional Use Permit, Cluster Development Permit or Planned Development Permit may be granted; provided, the Director can make the findings identified in Subsection 5, below.

b.

If a Tentative or Vested Tentative Tract Map or Tentative Parcel Map is extended in compliance with State law (Subdivision Map Act Sections 66452.6 and 66463.5), the companion Conditional Use Permit, Cluster Development Permit, or Planned Development Permit may be extended by the Director for a concurrent period of time.

c.

One time extension, not to exceed three years, for a previously approved Tentative Map or Tentative Parcel Map may be granted; in compliance with State law (Subdivision Map Act Sections 66452.6 and 66463.5).

4.

Written request before date of expiration. The extensions shall be requested of the Department in writing, together with the filing fee required by the City's Schedule of Service Charges, on or before the date of expiration of the approval.

5.

Findings required for extension. The burden of proof is on the permittee to establish with substantial evidence that the permit should not expire. If the review authority determines that the permittee has proceeded in good faith and has exercised due diligence in complying with the conditions in a timely manner, the review authority may grant the requested extension only after first finding that:

a.

There have been no changes:

(1)

To the provisions of the General Plan, Development Code regulations, or development guidelines applicable to the project since the approval of the subject project;

(2)

In the site or its surroundings which affect how the standards of the General Plan, Development Code regulations, or development guidelines apply to the subject project; and

(3)

In the site or its surroundings which affect the environmental determination previously made for the subject project.

b.

Substantial site work could not be completed because of circumstances, including market conditions and economics, which are beyond the control of the applicant. (This finding is not applicable to time extensions for a continued use of a previously approved project that as part of its approval allowed the filing of a time extension at a specified time or intervals of time.)

F.

Continuance of a permit during application renewal process. Unless otherwise provided in the conditions of the permit, or precluded because the findings identified in Subsection (E)(5), above cannot reasonably be made, permits being processed for renewal (time extensions) shall remain in full force and effect and may continue to proceed toward use inauguration, until the renewal request is acted on and all administrative appeals have been exhausted; provided, the renewal application was received by the Department before the expiration of the permit.

(§ 5, Ord. 1085, eff. January 6, 2006, as amended by § 2, Ord. 1126, eff. March 13, 2008)