A. Expiration of Permit or Approval, except Conditional Use Permits. Unless otherwise specified in the permit or approval, all permits and approvals, except for Conditional Use Permits and Minor Use Permits, for projects not subject to the Subdivision Map Act shall comply with the following expiration provisions:
1. Exercised.
a. To ensure continued compliance with the provisions of this Zoning Code, the permit or approval shall be exercised within 12 months from the date of approval, or the permit or approval shall expire and be deemed void, unless an extension is approved by the applicable review authority, in compliance with Section 10.102.080 (Time Extensions), below. Additionally, if after construction commencement, work is discontinued for a minimum period of 12 months the permit or approval shall expire and be deemed void.
b. If the application for the permit or approval also involves the approval of a tentative map, construction commencement shall follow the recordation of the companion final map.
2. Phasing.
a. Where the permit or approval provides for development in two or more phases or units in sequence, the permit or approval shall not be approved until the review authority has approved the final phasing plan for the entire project site. The project applicant shall not be allowed to develop one phase in compliance with the pre-existing base zone and then develop the remaining phases in compliance with this Chapter, without prior review authority approval.
b. Pre-approved phases.
(1) If a project is to be built in pre-approved phases, each subsequent phase shall have 12 months from the previous phase's date of construction commencement to the next phase’s date of construction commencement to have occurred, unless otherwise specified in the permit or approval, or the permit or approval shall expire and be deemed void.
(2) If the application for the permit or approval also involves the approval of a tentative map, the phasing shall be consistent with the tentative map and the permit or approval shall follow the recordation of the companion final map.
3. Shall Be Exercised before Expiration. A permit or approval shall be exercised before its expiration. The permit or approval shall not be deemed exercised until the applicant has:
a. Obtained a Building Permit and continuous on-site construction activity including pouring of foundations, installation of utilities, or other similar substantial improvements has commenced; or
b. Obtained a Grading Permit and has completed a significant amount of on-site grading, as determined by the Director in preparation for the work described in Subparagraph a., above; and
c. Diligently continued the approved grading and construction activities in a timely manner in compliance with the subject Building Permit; or
d. Actually implemented the allowed land use, in its entirety, on the subject property in compliance with the conditions of approval.
B. Effect of Expiration, except Conditional Use Permits. Where the permit or approval, except for Conditional Use Permits and Minor Use Permits, has expired and/or has been deemed void:
1. No further action is required by the City;
2. No further reliance may be placed on the previously approved permit or approval;\
3. The applicant shall have no rights previously granted under the permit or approval;
4. The applicant shall file a new application(s) and obtain all required approvals before construction can commence or an allowable use may be implemented; and
5. Any security provided by the applicant under the previously approved permit or approval may be utilized by the City to provide suitable protection from any harm that may result from the terminated development. (Ord. 935 § 3 (part), 2015)