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A permit applicant may be required by conditions of approval or by action of the director to provide adequate security to guarantee the faithful performance of any or all conditions of approval imposed by the review authority. The director, in concert with the chief building official or city engineer, as applicable, shall be responsible for setting the amount of the required security.
(Ord. 182 § 2 (part), 1997)
Any approved permit/entitlement shall be exercised before its expiration. The permit/entitlement shall not be deemed exercised until the permittee has actually obtained a building permit and continuous on-site construction activity including pouring of foundations, installation of utilities, or other similar substantial improvements has commenced and diligently continued without stopping for more than one hundred eighty (180) days, or has actually implemented the allowed land use, in its entirety, on the subject property in compliance with the conditions of approval.
(Ord. 182 § 2 (part), 1997)
A. Projects Not Subject to the Subdivision Map Act. Unless otherwise specified, all permits, entitlements, licenses and approvals for projects not subject to the subdivision map act shall comply with the following provisions:
1. Commencement. To ensure continued compliance with the provisions of this development code, the permit/entitlement shall be exercised within three years from the date of approval, or the permit/entitlement shall expire and be deemed void, unless an extension is approved by the original review authority, in compliance with Section 16.80.060, below. Additionally, if after construction commencement work is discontinued for a minimum period of one hundred eighty (180) days, the permit/entitlement shall expire and be deemed void. If the application for the permit/entitlement also involves the approval of a tentative map, the date of construction commencement shall be consistent with the tentative map and the permit/entitlement shall be exercised before the expiration of the companion tentative map.
2. Phasing.
a. Two or More Phases. Subsequent to project approval, if phasing is requested, a phasing plan application shall be submitted and approved for the phasing plan for the entire project site by the director.
b. Commencement for Each Phase. If a project is to be built in pre-approved phases, each subsequent phase shall have two years 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/entitlement, or the permit/entitlement shall expire and be deemed void. If the application for the permit/entitlement also involves the approval of a tentative map, the phasing shall be consistent with the tentative map and the permit/entitlement shall be exercised before the expiration of the companion tentative map.
B. Repealed by Ordinance 293.
C. Permit, Entitlement, or Map Deemed Void. Where the permit, entitlement, or map has expired and/or has been deemed void:
1. No Further Action. No further action is required by the city;
2. No Further Reliance. No further reliance may be placed on the previously approved permit, entitlement, or map;
3. No Rights. The applicant shall have no rights previously granted under the permit, entitlement, or map;
4. New Application(s) Required. 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. Security. Any security provided by the applicant under the previously approved permit, entitlement, or map may be utilized by the city to provide suitable protection from any harm that may result from the terminated development.
(Ord. 544 § 42, 2019; Ord. 538, Exhibit A (part), 2018; Ord. 293 § 1 (part), 2004; Ord. 182 § 2 (part), 1997)
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