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(a) Expiration. Unless otherwise specified below or in the conditions of the permit or variance, any variance or permit granted shall expire and become null and void if not exercised or the use has not been inaugurated or the construction of the structure has not been commenced and the use has not been diligently pursued, within thirty-six (36) months after the date of issuance. Residential planned development and hillside planned development permits approved for land subject to a tentative tract shall expire on the date of the expiration of that tentative tract. The date of issuance of a permit or variance shall be defined as the date of the final approval of such permit or variance by the Community Development Director, the Planning Commission, or City Council, whichever is applicable. If the permit or variance is denied by the Community Development Director or the Commission, and subsequently approved on an appeal by the City Council, then the date of issuance shall be the date such appeal was granted. After the expiration of a variance or permit, the property affected thereby shall be subject to the regulations of the applicable zone classification.
(b) Phased construction. The time periods for phased projects shall be stated in the conditions of the permit so as to avoid a lapse of progressive development following the completion of the preceding phase. If no condition is imposed, the construction of the succeeding phase shall commence within twelve (12) months after the completion of the previous phase, or the permit will expire.
(c) Use inauguration. The inauguration of a permit or variance involving a building or buildings shall be deemed to have occurred when the construction of the structure’s foundation has been undertaken by the actual placing of the construction materials in their permanent position and fastened in their permanent manner. Inauguration may be otherwise defined by the Commission, the Council or by the Community Development Director by a condition imposed on the permit at the time of approval, issuance or prior to inauguration. Such condition(s) may specify that other or further acts in the preparation for on-site construction may constitute inauguration of the use, consisting of, but not limited to: heavy on-site grading involving the substantial alteration of the natural terrain; the significant installation of public improvements beyond those normally required; the release of building permits authorizing at least twenty (20%) percent of the total value of the work to be performed; or any other major preparatory act prior to construction which is substantial in nature.
(d) Diligent pursual required after inauguration. Following the inauguration of the permit or variance as constituted by a condition or as defined in this section, the completion of the project shall be diligently pursued with continuous construction activity on the subject property. If, in the judgment of the Community Development Director, the project is not being diligently pursued to completion, the applicant shall be notified that the permit or variance shall expire within thirty (30) days after the cessation of activity on the site, and a time extension shall be obtained through the appropriate procedures in order to allow further pursuit of the project.
(e) Time extensions.
i. A time extension may be approved as a minor modification to the approved permit or variance for a period not to exceed twenty-four (24) months.
ii. A maximum of two (2) time extensions, not to exceed forty-eight (48) months, may be approved by the Community Development Director. The applicant may appeal the decision of the Director to the Planning Commission within fifteen (15) days after the decision.
iii. Any time extension for a permit approved in conjunction with a tentative tract map or land division which has not yet been recorded shall be considered in conjunction with the time extension for the underlying tentative map or land division.
iv. Any permit that has not expired and was approved in conjunction with a tentative map or land division that receives an automatic extension of time pursuant to the Subdivision Map Act shall receive an equivalent automatic extension of time.
(§ 8163.12. T.O.O.C., as renumbered by § XIV, Ord. 173-NS, eff. November 5, 1970, as amended by § I, Ord. 404-NS, eff. September 13, 1973, §§ I and II, Ord. 607-NS, eff. January 6, 1977, § 5, Ord. 899-NS, eff. October 22, 1985, § 21, Ord. 907-NS, eff. February 11, 1986, § 1, Ord. 981-NS, eff. November 3, 1987, § 1, Ord. 1122-NS, eff. October 1, 1991 and as renumbered by § 32 and amended by § 35, Ord. 1178-NS, eff. April 27, 1993, as amended by Ord. 1386-NS, eff. October 18, 2001, and § 26, Ord. 1555-NS, eff. May 13, 2011)