A. Time of exercise of rights for projects that consist solely of approvals granted pursuant to this chapter:
Unless otherwise provided in this chapter or a resolution, development agreement or other action granting any discretionary approval authorized by this chapter, the exercise of rights granted in such approval shall be commenced within three (3) years after the date of approval.
Unless otherwise provided in a resolution, development agreement or other action granting any discretionary approval authorized by this chapter, the reviewing authority may grant up to two (2) one-year extensions of the time limit contained in this section if an application therefor is made at least thirty (30) days prior to the expiration of the time limit, or any extension thereof. Such extension may be granted after a duly noticed public hearing held pursuant to the same procedures applicable to the approval of the original application as outlined in article 2.5 of this chapter and the city's public notice guidelines, if the reviewing authority determines that conditions and regulations affecting development in the city have not changed in a manner that would warrant reconsideration of the findings and decision made at the time of original approval and the extension of the approval will not unreasonably delay efforts to advance the objectives of the zone.
The reviewing authority may impose conditions on an extension to ensure that the extension will not be contrary to the findings made at the time of original approval.
Except as otherwise provided in this chapter, no time limit imposed pursuant to this subsection may be extended beyond five (5) years after the initial action granting the original approval. Any decision regarding an extension pursuant to this subsection may be appealed in the same manner and to the same appellate body as an appeal of the approval of the original application or, if no appeal procedures are specified, to the city council in the manner provided by title 1, chapter 4, article 1 of this code.
The failure to exercise any right granted by the original approval within the time limit provided, or any extension thereof, shall constitute an abandonment of the original approval and all rights conveyed by the approval shall lapse and expire.
The procurement of a building permit for or the commencement of any use authorized by a discretionary permit or approval shall constitute the exercise of the rights granted by such approval. However, all rights conveyed by the approval shall lapse and expire upon expiration of such building permit unless such building permit is extended pursuant to title 9 of this code.
B. Time of exercise of rights for projects that include a tentative subdivision map pursuant to chapter 2 of this title:
Unless otherwise provided in this chapter or a resolution, development agreement or other action granting any discretionary approval authorized by this chapter, the exercise of rights granted in such approval shall be commenced within two (2) years from the date of approval if the approval is granted in conjunction with a tentative subdivision map approved pursuant to chapter 2 of this title.
The reviewing authority may grant extensions of the time limit contained in this subsection such that the time in which to exercise the discretionary approval rights is the same as the time in which to exercise the rights of the tentative map approval. In addition to the granting of extensions pursuant to the foregoing sentence, the reviewing authority may also grant an extension of the time limit in which to exercise the discretionary approval rights granted pursuant to this chapter by one year from the date of final map approval.
Extensions of the time limit provided in this subsection may be granted if an application therefor is made at least thirty (30) days prior to the expiration of the time limit, or any extension therefor. Such extension may be granted after a duly noticed public hearing held pursuant to the same procedures applicable to the approval of the original application as outlined in article 2.5 of this chapter and the city's public notice guidelines, if the reviewing authority determines that conditions and regulations affecting development in the city have not changed in a manner that would warrant reconsideration of the findings and decision made at the time of original approval and the extension of the approval will not unreasonably delay efforts to advance the objectives of the zone.
The reviewing authority may impose conditions on an extension of the approvals granted pursuant to this chapter to ensure that the extension will not be contrary to the findings made at the time of original approval.
Any decision regarding an extension pursuant to this section may be appealed in the same manner and to the same appellate body as an appeal of the approval of the original application or, if no appeal procedures are specified, to the city council in the manner provided by title 1, chapter 4, article 1 of this code.
The failure to exercise any right granted by the original approval within the time limit provided, or any extension thereof, shall constitute an abandonment of the original approval and all rights conveyed by the approval shall lapse and expire.
The procurement of a building permit for or the commencement of any use authorized by a discretionary permit or approval granted pursuant to this chapter shall constitute the exercise of the rights granted by such approval. However, all rights conveyed by the approval shall lapse and expire upon expiration of such building permit unless such building permit is extended pursuant to title 9 of this code.
C. Extension of time to exercise rights when a related tentative map is extended by state law:
Unless otherwise provided in this chapter or a resolution, development agreement or other action granting any discretionary approval authorized by this chapter, if the state adopts legislation automatically extending the term of any valid tentative tract map approval, the director shall have the authority to grant extensions of related valid city's approvals granted pursuant to this chapter for the same period of time as set forth in the state legislation. If changes in city policies have occurred between the later of the date of project approval, or the most recent extension thereof, and the effective date of the state legislation, and the related subdivision map is not a vesting map, the Director shall have the authority to refer extension requests to the reviewing authority. (Ord. 11-O-2610, eff. 8-7-2011; amd. Ord. 14-O-2661, eff. 6-20-2014)