A. Time limits. Unless conditions of approval establish a different time limit or the permit is extended in compliance with this section, an entitlement not exercised within three years of approval shall expire and be deemed void.
B. Expiration by Non-use. Any entitlement may expire by non-use pursuant to notice and a hearing as set forth in Chapter 19.14.
C. Expiration by New Entitlement. Any entitlement shall expire and be deemed void when the prior entitlement is superseded or replaced with a new entitlement.
D. Extensions of Time. Upon request by the applicant, the Zoning Administrator may extend the time for an approved entitlement to be exercised or may refer the extension request to the Commission. The permittee shall file a written request for an extension of time with the Department at least 30 days before the expiration of the entitlement, together with the filing fee required by the City fee resolution.
The Zoning Administrator shall then determine whether the permittee has attempted to comply with the conditions of the entitlement. The burden of proof is on the permittee to establish, with substantial evidence, that the entitlement should not expire. If the Zoning Administrator determines that the permittee has proceeded in good faith and has exercised due diligence in complying with the conditions in a timely manner, the Zoning Administrator may grant an extension of the entitlement for up to two additional years. In the case of a planned development permit, the Zoning Administrator may grant a one-time extension of a planned development permit for up to two additional years. Any additional extensions of a planned development permit may only be granted by the Commission.
E. A project that is associated with the approval of a tentative map shall have the same expiration date as the tentative map.
F. Phased projects which were reviewed and approved as an entire project may have expiration dates corresponding to the phased development.
(Ord. 2185; Ord. 2223; Ord. 2397 §5, Ord. 2440 §20, Ord. 2494, §15)