Sec. 30-201. - Time limitations.

Any minor use permit modification granted pursuant to the provisions of this division is conditional upon the permittee proceeding with a good faith intent to commence upon the proposed use within two years after the effective date of the approval. No permittee shall obtain any right solely by reason of such minor use permit issuance, unless and until such good faith intent to commence upon the proposed use is evidenced. Evidence of a good faith intent to commence upon the proposed use shall consist solely of the following, as applicable:

(1)

For a minor use permit modification for which no other entitlements or permits are required, actual use of the subject site for the use that is authorized by the minor use permit has commenced within such time period.

(2)

In addition, if a tentative tract map, vesting tentative tract map, or parcel map is approved concurrently with the minor use permit, the final map has been recorded within such time period.

(3)

In addition, for a minor use permit modification for which a building permit is required to comply with any condition of the minor use permit, all appropriate building permits have been obtained and construction (defined as permit obtainment, commencement of construction of the primary building on-site, and successful completion of the first Building and Safety Division inspection) has commenced within such time period.

(4)

An extension of up to two years beyond the initial time period provided in subparagraph (a) may be granted by the Director of Planning upon a showing by the applicant of unavoidable delay not caused by the applicant. An applicant for an extension of this time limit must submit a written request to the Planning Department for a time extension 30 days prior to the original time limit expiring. Appeals of the Director of Planning's decision shall be made to the Planning Commission as set forth in Division No. 5, of this article herein.

(Ord. No. 1898, § 11, 7-26-22)

DIVISION 14. - VARIANCE, ADMINISTRATIVE AND MAJOR Subdivision I. - Administrative Variance