Bradbury Municipal Code Ch. 7 Permit/Entitlement Implementation and Time Extensions

This chapter provides requirements for the implementation or "exercising" of permits or entitlements specified by this development code, including time limits and procedures for granting extensions of time.

(Ord. No. 297, § 9.02.020.010, 3-20-2007)

Absent a timely filed appeal as specified in Chapter 16 of this title, decisions regarding permits and entitlements shall be final and conclusive on the tenth day following the date of approval.

(Ord. No. 297, § 9.02.020.020, 3-20-2007)

A permit or entitlement application deemed approved in compliance with State law (Government Code § 65956) shall be subject to all applicable provisions of this development code, which shall be satisfied by the applicant before a building permit is issued or a land use, not requiring a building permit, is established.

(Ord. No. 297, § 9.02.020.030, 3-20-2007)

An applicant may be required by conditions of approval to provide adequate security to guarantee the faithful performance of any or all conditions of approval imposed by the review authority. The City Manager or the Manager's designee shall be responsible for setting the amount of the required security.

(Ord. No. 297, § 9.02.020.040, 3-20-2007)

(a) Review and report to the applicant on all conceptual plan applications concerning development proposals located within the City. To ensure continued compliance with the provisions of this chapter, each approved permit or entitlement shall be exercised within 18 months from the date of approval, unless otherwise specified in the permit or entitlement. Time extensions may be granted by the Review Authority as set forth in Subsection (c) of this section. If a permit or entitlement has not been exercised within the established time frame, or any extension thereof, the approval shall be deemed void. If litigation is filed prior to the exercise of such rights attacking the validity of such permit or entitlement, the time for exercising such rights shall be automatically extended pending a final determination of such litigation.

(b) Permit implementation; exercising the permit or entitlement; exercised, defined. An approved permit or entitlement shall be exercised before its expiration if the applicant has:

(1) Obtained a building permit and continuous on-site construction activity, including pouring of foundations, installation of utilities, or other similar substantial improvements, has commenced;

(2) Obtained a grading permit and has completed a significant amount of on-site grading, as determined by the City Manager;

(3) Actually implemented the allowed land use, in its entirety, on the subject property in compliance with the conditions of approval.

(c) Extensions of time.

(1) An application for an extension of time shall be filed by the applicant with the City at least 30 days before the expiration of the subject permit or entitlement.

(2) The applicant shall present substantial evidence that the applicant has made a good faith effort to establish the permit or entitlement.

(3) If the Review Authority determines that the permittee has proceeded in good faith and has exercised due diligence in seeking to establish the permit or entitlement, the Review Authority may grant an extension of the time period not to exceed one year.

(d) Hearing on expiration/extension. If the matter originally required a noticed public hearing, the Review Authority shall hold a public hearing on the proposed extension of a permit or entitlement, and give notice in the same manner.

(Ord. No. 297, § 9.02.020.050, 3-20-2007; Ord. No. 375, § 3, 5-18-2021)