Chapter 9.86 — TIME LIMITATIONS AND TIME EXTENSIONS

This chapter provides requirements for the implementation or "exercising" of the permits and authorizations required by this development code, including time limits and procedures for granting extensions of time. (Ord. 251, 11-182014)

A. Effective Date For Planning Permits And Other Approvals: Except in the case of an amendment and zone change (chapter 9.62 of this title) or development agreement (chapter 9.64 of this title), final action on any planning approval (e.g., conditional use permits, site plan and design review, variance, or other entitlement) shall become effective on the eleventh consecutive calendar day following the date of application approval, where no appeal of the approval has been filed in compliance with chapter 9.81, "Appeals", of this article 5.

B. Town Business Day: If the eleventh day is not a town business day, the following business day shall be deemed the effective date. (Ord. 251, 11-18-2014)

A. Time Limits:

1. Thirty Six Months: Unless a condition of approval or other provision of this development code establishes a different time limit, a conditional use permit, site plan and design review, variance, planned development permit, land use compliance review, tentative parcel map or tentative tract map not exercised within thirty six (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 section 9.86.040, "Time Extensions", of this chapter.

2. Twelve Months: Unless another provision of this development code establishes a different time limit, special use permit, temporary use permit or any other land use permit not exercised within twelve (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 section 9.86.040, "Time Extensions", of this chapter.

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 of 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 section 9.80.020, "Permits And Conditions To Run With The Land", of this article 5, as long as a building permit is active for the project, and after a final building inspection or certificate of occupancy has been granted.

B. Phased Project:

1. 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 thirty six (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 section 9.86.040, "Time Extensions", of this chapter. 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.

2. 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 three (3) years of the development plan conditional approval and, as applicable, within each succeeding three (3) year period. Each three (3) year period shall begin with the last town approved action that was accomplished (e.g., recordation of a tract map, obtain a building permit). (Ord. 251, 11-18-2014)

• A. Review Authority: Approvals for an extension of time beyond the original expiration date of any project may only be granted by the original approving review authority.

• B. Submittal Requirements:

1. Extension of time requests for projects shall be considered only if filed with the planning division prior to the expiration date for the permit or approval.

2. A subdivider may request an extension for projects subject to the subdivision map act by written application to the director in accordance with section 9.91.110, "Tentative Map Expiration And Extensions", of this title, subdivision regulations.

C. Time Limits On Extensions: Other than tentative parcel maps and tract maps, extensions may not exceed an aggregate total of three (3) years from the original date of expiration unless otherwise provided by law, unless the review authority finds that all findings required for the original approval can still be made and the application is consistent with the general plan, development code, master plans and specific plans.

• D. Findings: Requests for extensions shall only be granted if the following findings can be made:

1. The project is consistent with the provisions of the general plan and this code in effect at the time the extension request is considered.

2. There have been no significant changes in the character of the area within which the project is located that would cause the approved project to become inconsistent or nonconforming and that the 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.

E. 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 section 66452.6.

• F. Effect Of Expiration: After the expiration of a planning permit or authorization in compliance with subsection 9.86.030A of this chapter, no further work shall be done on the site until a new planning permit or authorization and any required building permit or other town permits are first obtained. (Ord. 251, 11-18-2014)