A. The time periods in section 20.52.100(A)(3) above may be extended, provided a written request for extension is submitted by the permit holder to the Director of Community Development, the Building Official, or his or her appointed representative, at least thirty calendar days prior to expiration of the time period. The request for extension must contain written justification for the extension and must include documentation of financing, if any, obtained to complete the project. A fee shall be required for any request for extension, in an amount established by City Council resolution; but in the event a deposit is already on file for the project, the city's costs of processing the request for extension shall be deducted from the deposit.
B. Upon receiving a request for extension, the Director of Community Development shall provide notice of the request to all property owners within a one-hundred-foot radius of the boundary of the subject property as shown on the last equalized assessment roll (unless the City View Policy applies, in which case noticing shall be consistent with the procedures of the View Policy). The notice shall provide a ten calendar day public comment period during which any person may submit written comments to the Director of Community Development regarding the request for extension.
C. If no written public comments postmarked or hand-delivered during the public comment period are received, the Director of Community Development shall be the approving authority for any first extension request. If one or more public comments postmarked or hand-delivered during the public comment period are received, the Planning Commission shall be the approving authority for any first extension request. The Planning Commission shall be the approving authority for all second extension requests. No second extension request may be made unless a first extension request has been approved previously.
D. The approving authority shall approve a request for extension when, in its discretion, the request demonstrates good cause. In determining whether a request demonstrates good cause, the approving authority shall consider each of the following criteria:
1. Whether substantial progress has been made toward project completion.
2. Whether the condition of the property presents health or safety hazards.
3. Delays due to difficulties related to site topography.
4. Delays due to material suppliers or labor-related issues.
5. Delays due to an earthquake, fire, flood, explosion, act of God, or other circumstances beyond the applicant's control.
6. Delays caused by the City or other government entity.
7. Other unusual factors, if any.
The applicant's financing, or lack thereof, shall not be considered in deciding whether there is good cause for an extension.
E. When the Planning Commission is the approving authority, it shall hold a public hearing on the request, to be noticed in the same manner as provided in section 20.52.030(F). The decision of the approving authority shall be by letter or resolution, describing the reasons for the decision based on the criteria in section 20.52.110(D). The Director of Community Development shall mail the approving authority's decision to the permit holder by first-class mail, postage prepaid, enclosing an affidavit or certificate of mailing. The decision of the approving authority shall be final, unless appealed pursuant to subsection (F) or (G) below.
F. Any decision of the Director of Community Development to deny a request for extension may be appealed to the Planning Commission, which shall conduct a public hearing and de novo review, applying the criteria listed in subsection (D). The public hearing shall be noticed in the same manner as provided in section 20.52.030(F). Any such appeal shall be filed in writing within seven days of service of the decision of the Director of Community Development. The Planning Commission's decision on such an appeal shall state its reasons for decision, shall be served on the permit holder in the same manner as described in subsection (E), and shall be final unless appealed pursuant to subsection (G) below.
G. Any decision of the Planning Commission on a request for extension may be appealed to the City Council, which shall conduct a public hearing and de novo review, applying the criteria listed in subsection (D). The public hearing shall be noticed in the same manner as provided in section 20.52.030(F). Any such appeal shall be filed in writing within seven days of service of the decision of the Planning Commission. The City Council's decision on such an appeal shall state its reasons for decision, shall be served on the permit holder in the same manner as described in subsection (E), and shall be final.
H. Upon a final decision approving a request for extension, the time period in section 20.52.100(A)(3) shall be extended by the time listed in Table 2 below, based on project size. No permit shall be deemed null and void pursuant to section 20.52.100 while a valid request for extension is pending. If the project's construction time limit has already expired at the time of the final decision, the extension time shall run from the date of service by mail of the final decision.
Table 2- Construction Time Limit Extensions
Project Size | Extension Time |
Project Size | Extension Time |
Residential Additions, Alterations, Repairs and Accessory Structures | |
200 SF and less | 30 days |
201 SF and over | 50 days |
New Dwelling Units | |
1 to 2 units | 80 days |
3 or More Units | |
3 to 10 units | 100 days |
10 to 50 units | 160 days |
50 units and over | 220 days |
Non-Residential | |
Tenant Improvements and 10,000 SF and less | 80 days |
10,001 SF and over | 100 days |
Exception: In the case of unusual circumstances or conditions, the Planning Commission or City Council may grant an extension of time other than those listed in Table 2.
I. No more than two requests for extension may be granted for any single project.