§ 81.01.090  Effect of General Plan Adoption or Development Code Changes on Projects in Progress.
   The adoption of a General Plan or the enactment of this Development Code, or any amendment to either, may have the effect of imposing different standards on a new land use than those that applied to existing development. (For example, this Development Code or a future amendment could require more off-street parking spaces for a particular land use than former regulations.) The following provisions determine how the General Plan with an effective date of April 12, 2007, and the requirements of this Development Code will apply to a development project that is in progress at the time the General Plan or the Development Code goes into effect.
   (a)   Projects with Pending Applications.  Applications that have been accepted as complete, in compliance with State law (Government Code § 65943), by the Department before April 12, 2007, shall be processed in compliance with the regulations and requirements in effect at the time the application was accepted as complete. Also, applications that have been submitted to the Land Use Services Department that could be accepted as compete but for additional reports required to make an environmental determination for the project, shall be processed in compliance with the regulations and requirements in effect at the time the application was filed if all required reports are submitted by July 11, 2007. However, applications for extensions of time shall be governed by this Development Code.
   (b)   Land Use Permits Approved on or Before April 12, 2007.  If a land use permit, not including a land use zoning district change or General Plan amendment, is approved on or before April 12, 2007, in the case of the General Plan or on or before April 12, 2007, in the case of this Development Code, the following shall apply:
      (1)   The establishment of structures and land uses shall be allowed in compliance with the requirements of the land use permit provided that:
         (A)   The structures and uses are consistent with the General Plan and Development Code in existence at the time of the land use permit approval; and
         (B)   The land use permit has not expired.
      (2)   A Building Permit, Grading Permit, or other development permit may be granted, provided that:
         (A)   The structures and uses are consistent with the General Plan and Development Code in existence at the time of the land use permit approval; and
         (B)   The land use permit has not expired.
      (3)   The establishment of structures and land uses shall be exempt from the two following requirements, provided that the structures and land uses comply with the provisions of the approved land use permit:
         (A)   The structures or land uses must be allowed in the currently applicable land use zoning district; and
         (B)   The structures or land uses must meet the currently applicable development standards contained in this Development Code;
   (c)   Building Permits Approved on or Before April 12, 2007.
      (1)   Building permits for structures or land uses (other than single-family residential uses), for which land construction plans have been submitted and fees paid on or before April 12, 2007, shall be exempt from the two following requirements; provided, however, that the proposed land use must be of the same fundamental land use category (i.e., multi-family residential, commercial, industrial, agricultural) as that designated in the General Plan:
         (A)   The structures or land uses must be allowed in the currently applicable land use zoning district; and
         (B)   The structures or land uses must meet the currently applicable development standards contained in this Development Code.
      (2)   Building permits issued under this Subdivision (b) shall be issued on or before April 12, 2007.
   (d)   Modifications.  Significant modifications to the land uses and structures permitted in compliance with Subdivisions (a) and (b), above, shall not be permitted without full compliance with the currently applicable General Plan and this Development Code:
   (e)   Extension of Permit Expiration Dates.  The expiration date of land use permits, other than land use zoning district changes or General Plan amendments, which were approved on or before April 12, 2007, may be extended under § 86.06.060 (Time Limits and Extensions) for the period which would otherwise be allowed under that Section, but in no event beyond April 12, 2007, without satisfying the requirement that extensions be found consistent with the General Plan as is required under § 86.06.060 (Time Limits and Extensions). This Subdivision shall apply only to those approvals that expire between March 13, 2007 and April 12, 2007. Applications that are found to be consistent with the then applicable General Plan may be granted the maximum extension allowed under this Development Code without regard to the above limitations.
   (f)   Subdivision Maps.  Subdivision maps shall be processed in compliance with the Subdivision Map Act.
(Ord. 4011, passed - -2007)