§ 17.64.040. Time Limits and Extensions

A.

Time limits. Unless other provisions of this Zoning Code establish a different time limit, the following time limits shall apply to a permit or approval granted in compliance with Chapter 17.61 (Permit Approval or Disapproval).

1.

RS districts. A permit or approval shall be valid for 24 months from the effective date of approval. It shall expire and become void, except where an extension of time is approved in compliance with Subsection C below.

2.

All other districts. A permit or approval shall be valid for 36 months from the effective date of approval. It shall expire and become void, except where an extension of time is approved in compliance with Subsection C below.

3.

Concept design review.  

a.

Concept Design Review shall be valid for 12 months from the effective date of approval.

b.

Approval shall expire and be void except where an extension of time is approved in compliance with Subsection C below or unless an application for Final Design Review has been filed before the expiration date and determined complete.

B.

Exercise of permit.  

1.

The permit shall not be deemed "exercised" until a building permit for the subject property has been issued, and construction diligently pursued to completion;

2.

A Certificate of Occupancy has been issued by the City; or

3.

If no building permit has been required, the use has commenced.

C.

Extensions of time. Upon request by the applicant, extension requests shall be processed in the following manner.

1.

Application.  

a.

The applicant shall file a written request for an extension of time with the Department before expiration of the permit.

b.

The burden of proof is on the applicant to establish with substantial evidence that the permit should not expire. The applicant shall provide the evidence in support of the findings required by this Subsection.

2.

RS districts.  

a.

The Director may grant an extension for projects in RS districts without notice or public hearing, upon making the findings in Subsection D (Findings).

b.

The Director may grant a time extension for up to an additional 12 months, from the expiration date of the initial decision.

3.

All other districts.  

a.

The review authority that originally approved the permit may grant a one-year extension from the expiration date of the initial approval upon making the findings in Subsection D (Findings). A second one-year extension may also be granted.

b.

The consideration of the extension shall occur at a public hearing except for extensions granted by the Director. Notice shall be the same as the original application. For extensions of Final or Consolidated Design Review approval, notice shall be the same as for Concept Design Review or Consolidated Design Review.

4.

Concept design review.  

a.

The Director may grant an extension for Concept Design Review without notice or public hearing, upon making the findings in Subsection D (Findings).

b.

The Director may grant a time extension for up to an additional 12 months, from the expiration date of the initial decision.

D.

Findings and decision. The review authority may approve or disapprove an application for a time extension. The review authority may approve a time extension only after first finding that:

1.

The findings and conditions of the original approval still apply; and

2.

The proposed project meets the current height, setbacks, and floor area ratio requirements of the Zoning Code and is consistent with the General Plan, any applicable Specific Plan, and the Zoning Map.

E.

Exceptions. The following exceptions apply to the findings required by Subsection D (Findings).

1.

The second finding shall not apply to a project that has been approved with a Vesting Tentative Map.

2.

The second finding shall not apply to a project that has an approved variance unless the Zoning Code has been amended and the variance is now a greater deviation from what was originally approved.

(Ord. 7215 § 5, 2011; Ord. 7160 § 64, 2009)