Shafter Zoning Code § 2.170 Lapse of Approvals and Extensions of Time

1. Projects Not Subject to the Subdivision Map Act and/or Not Involving City Building Permits.

Approvals for projects not subject to the Subdivision Map Act and/or not involving City building permits shall lapse and become void twelve (12) months from the approval date, unless otherwise specified in this Title, unless a different expiration date is specifically established as a condition of approval to the extent permitted by law, unless a valid building permit is in effect in reliance upon the approved entitlement and substantial construction has commenced and is diligently pursued toward completion, or unless the property has been occupied and the approved use fully commenced.

2. Extension of Time

   • a. Authority

An extension of time may be granted for projects approved under this Title, where substantial construction has not yet commenced or has not yet been completed or where the property has not yet been occupied and the approved use not fully commenced. Approvals for extension of time may only be granted by the original approving authority.

• b. Submittal of Extension Requests

  • (1) Extension requests for projects not subject to the Subdivision Map Act and/or not involving City building permits shall only be considered if filed with the Planning Department no less than thirty (30) calendar days nor more than ninety (90) calendar days prior to the expiration date of the permit or approval.

  • (2) A subdivider may request an extension for projects subject to the Subdivision Map Act by written application to the Planning Director in accordance with the provisions of the Subdivision Map Act and Title 16 of the Municipal Code.

• c.

• Time Limits on Extensions

Extensions may not exceed a total of three (3) years from the original date of expiration unless otherwise provided by law; and may be for shorter periods of time.

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Permits and Approvals

CITY OF SHAFTER DEVELOPMENT CODE

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• d. Circumstances Under Which Extensions May Be Granted

An extension of the approval of a project may be granted only if it is found that granting of an extension will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity.

2.180

APPEALS

1. Appeal of Action

   • a. Any person may appeal a decision of the Planning Director to the Planning Commission where the Planning Director’s decision would otherwise be final.

   • b. Any person may appeal a decision of the Planning Commission to the City Council where the Planning Commission’s decision would otherwise be final.

2. Filing of Appeals

Appeal application forms shall be made available at the office of the Planning Department to all persons wishing to appeal an action included in this Title. Appeal applications shall be filed with the Planning Department within ten (10) calendar days following the date of action for which an appeal is made unless otherwise provided in this Title. If the last day to file falls on a holiday or on a Saturday or Sunday, the following business day shall be deemed the last day to act. Appeals requiring City Council consideration will be forwarded to the City Clerk by the Planning Director.

3. Appeal Hearings

Public notice of an appeal hearing shall be given in the manner in which the original notice was given. In the case of an appeal of a Planning Commission decision, notice shall be given pursuant to Section 2.140 of this Title.

4. Effective Date of Appealed Actions

Except as otherwise provided for in this Title, an action that has been appealed shall not become effective until a final determination is made by the appellate body.