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Any approved entitlement shall be exercised prior to its expiration. The entitlement shall not be deemed "exercised" until the permittee has actually obtained a building permit and continuous onsite construction activity, including pouring of a foundation, installation of utilities, or other similar substantial improvements, has commenced, or the permittee has actually implemented the allowed land use on the subject property in compliance with the conditions of approval.
(Ord. 2185)
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 Any entitlement shall expire and be deemed void when the prior entitlement is superseded or replaced with a new entitlement.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)
Development or a land use authorized by approval of a permit shall be established, maintained or operated only as approved by the review authority and subject to any conditions of approval and mitigation measures, except when changes to the project are approved in compliance with this section. A permittee may apply to the department for changes in any use or improvement authorized by the permit or any condition of approval applicable to the use or improvement, and shall then furnish appropriate supporting materials and an explanation of the reasons for the application. Changes may be requested either before or after an approved use is established or commenced or a related improvement is constructed or installed.
A. Minor changes. The director or zoning administrator, as applicable, may authorize minor changes to an approved site plan, architecture, or the nature of the approved use if the director or administrator finds that the changes:
1. Are consistent with all applicable provisions of these Regulations;
2. Do not involve a feature of the project that was a basis for findings in a negative declaration or environmental impact report for the project;
3. Do not involve a feature of the project that was specifically addressed or was a basis for conditions of approval for the project or that was a specific consideration by the review authority in the approval of the permit;
4. Do not result in the deletion or negation of any mitigation measure imposed on the project; and
5. Do not result in an expansion in the scope or intensity of the use.
B. Major modifications. Modifications to a project that are not minor changes subject to subsection A, above, shall only be approved by the review authority through a new entitlement application or modification, processed in compliance with these Regulations.
C. Modification in lieu of revocation. A permit or other entitlement approved or issued under this title, or subject to administration under this title, or required to be implemented or exercised in compliance with any provision of this title, may be modified, in lieu of revocation, pursuant to Chapter 19.14 (Permit Revocation).
(Ord. 2185; Ord. 2223. Ord. 2312 §36, Ord. 2364 §391)
When an application for an entitlement or amendment is denied, no application for the same or substantially same entitlement or amendment shall be resubmitted, in whole or in part, for the ensuing one-year period except as otherwise specified at the time of denial. The Director shall determine whether the new application is for an entitlement or amendment which is the same or substantially the same as a previously denied entitlement or amendment. The Director, Zoning Administrator, Commission, or Council may grant permission, for good cause, to resubmit an application for a previously denied entitlement or amendment prior to expiration of the one-year period.
(Ord. 2185; Ord. 2223)