§ 86.06.060  Time Limits and Extensions.
   (a)   Time Limits.
      (1)   Specified Item Shall Be Exercised Within 36 Months.  Unless a condition of approval or other provision of this Development Code establishes a different time limit, a Conditional Use Permit, Minor Use Permit, Major or Minor Variance, Planned Development Permit, Tentative Parcel Map or Tentative Tract Map not exercised within 36 months of the actual date of the decision granting the permit or authorization shall expire and become void, except where an extension of time is approved in compliance with Subdivision (b) (Extensions of Time), below.
      (2)   Specified Item Shall Be Exercised Within 12 Months.  Unless another provision of this Development Code establishes a different time limit, a Site Plan Permit, Special Use Permit, or Temporary Use Permit not exercised within 12 months of the actual date of the decision granting the permit or authorization shall expire and become void, except where an extension of time is approved in compliance with Subdivision (b) (Extensions of Time), below.
      (3)   Definition of “Exercised.”  The permit or authorization shall not be deemed “exercised” until the permittee has commenced actual construction or alteration under a valid Building Permit, or has substantially commenced the approved activity or allowed use on the site in compliance with the conditions of approval, in cases where a Building Permit is not required.
      (4)   Run with the Land.  After it has been exercised, a planning permit or authorization shall remain valid and run with the land in compliance with § 86.06.040 (Permits to Run with the Land), as long as a Building Permit is active for the project, and after a final building inspection or Certificate of Occupancy has been granted.
      (5)   Phased Projects.
         (A)   Projects Other than Planned Development Permits.  If a project (other than a Planned Development Permit) is to be developed in approved phases, each subsequent phase shall be exercised within 36 months from the date that the previous phase was exercised, unless otherwise specified in the permit or authorization, or the permit or authorization shall expire and become void, except where an extension of time is approved in compliance with Subdivision (b). (Extensions of time), below. If the project also involves the approval of a Tentative Map, the phasing shall be consistent with the Tentative Map and the permit or authorization shall be exercised before the expiration of the Tentative Map, or the permit or authorization shall expire and become void
         (B)   Planned Development Permits.  Notwithstanding the above provisions of this Section, a conditionally approved Planned Development Permit for a phased project shall be subject to a time limitation not to exceed that specified by the condition of approval for the Development Plan approval. The applicant, however, shall either record a tract map or obtain Building Permits for at least one phase of the project within five years of the Development Plan conditional approval and, as applicable, within each succeeding five-year period.  Each five-year period shall begin with the last County approved action that was accomplished (e.g., recordation of a tract map, obtain a Building Permit).
      (6)   First Amendment Protected Businesses.
         (A)   Time Limits for First Amendment Protected Businesses.  The Director shall accept as complete, or disapprove as incomplete, the application for a Conditional Use Permit for a business protected by the First Amendment within 30 days from the date on which an application is submitted to the Director. The Director shall approve or disapprove the completed Conditional Use Permit application within 90 days of its acceptance as complete by the Director. The time limit established by this Section may be extended once for a period not to exceed 90 days upon consent of the Director and the applicant.
         (B)   Compliance with Permit Streamlining Act.  If the permit requested is for a development project for construction or reconstruction subject to the Permit Streamlining Act (Government Code §§ 65920 et seq.), the time limits provided in the Permit Streamlining Act shall apply to the Conditional Use Permit approval or disapproval.
         (C)   Time Limits for Appeals.  Upon the filing of an appeal in compliance with Chapter 86.08 (Appeals), the Commission or the Board shall render its decision on the appeal within 60 days.
   (b)   Extensions of Time.  Upon written request by the applicant, the County may extend the time for a planning permit or authorization to be exercised.
      (1)   Time for Filing of Request. The applicant shall file a written request for an extension of time with the Director at least 30 days before the expiration of the permit or authorization, together with the filing fee required in compliance with the County Fee Ordinance.
       (2)   Action on Extension Request. A permit or authorization may be extended as follows for no more than a total of 36 months for those applications listed in § 86.06.060(a)(1) and (2) above, except as noted below, beyond the expiration of the original approval.
         (A)   Evidence to Be Provided.  The Director shall determine whether the applicant has made a good faith effort to exercise the permit or authorization. The burden of proof is on the applicant to establish, with substantial evidence, that circumstances beyond the control of the applicant (e.g., demonstrated problems with completing the acquisition of the parcel, poor weather during periods of planned construction, etc.) have prevented exercising the permit or authorization.
         (B)   Recommendations for Denial and Revocations.  Recommendations for denial of a request for extension, and revocations of permits, shall be referred to the Zoning Administrator or the Planning Commission for public hearing and determination.
         (C)   Exceptional or Extraordinary Circumstances.  Under exceptional or extraordinary circumstances, one or more extensions may be granted in addition to that provided in § 86.06.060(b)(2). In addition to the existence of exceptional or extraordinary circumstances, the applicant must show that unreasonable delay to the project, if any, was not caused by the applicant.
         (D)   Findings.  Requests for extensions shall only be granted if findings can be made that the project is consistent with the provisions of the General Plan and the San Bernardino County Code in effect at the time the extension request is considered.
         (E)   Phased Projects.  This Subdivision shall not be applied to extend the time limits provided in § 86.06.060(a)(5)(B), above.
       (3)   Action on extension of a project subject to the Subdivision Map Act. The expiration date of a Tentative Map may only be extended in compliance with the Map Act § 66452.6.
(Ord. 4011, passed - -2007; Am. Ord. 4043, passed - -2008)