Article 32 — Time Limits and Extensions

The purpose of Title 10 , Chapter 2 , Article 32 (Time Limits and Extensions) is to provide procedures for obtaining City approval of time extensions to a previously approved development project. (§ 3, Ord. 771, eff. February 13, 2004, as amended by § 107, Ord. 941, eff. November 10, 2023)

• (a) Unless otherwise specified in the entitlement, all entitlements for projects not subject to the Subdivision Map Act shall comply with the following provisions:

  • (1) Exercised.

    • (A) To ensure continued compliance with the provisions of these Zoning Regulations, the entitlement shall be exercised within 180 days from the date of approval, or the entitlement shall expire and be deemed void, unless an extension is approved by the original review authority, in compliance with this article. Additionally, if after construction commencement work is discontinued for a minimum period of 180 days, the entitlement shall expire and be deemed void.

    • (B) If the application for the entitlement also involves the approval of a tentative map, the date of construction commencement shall be consistent with the tentative map and the entitlement shall be exercised before the expiration of the companion tentative map.

  • (2) Phasing.

    • (A) Where the entitlement provides for development in two or more phases or units in sequence, the entitlement shall not be approved until the review authority has approved the final phasing plan for the entire project site. The project applicant shall not be allowed to develop one phase in compliance with the pre-existing base zoning district and then develop the remaining phases in compliance with this article, without review authority approval.

    • (B) Pre-approved phases.

      • (i) If a project is to be built in pre-approved phases, each subsequent phase shall have 180 days from the previous phase's date of construction commencement to the next phase's date of construction commencement to have occurred, unless otherwise specified in the entitlement, or the entitlement shall expire and be deemed void.

      • (ii) If the application for the entitlement also involves the approval of a tentative map, the phasing shall be consistent with the tentative map and the entitlement shall be exercised before the expiration of the companion tentative map.

  • (3) An approved entitlement shall be exercised before its expiration. The entitlement shall not be deemed exercised until the applicant has:

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

    • (B) Obtained a grading permit and has completed a significant amount of on-site grading, as determined by the Director;

    • (C) Diligently continued the approved construction/grading activities without stopping for more than 180 days; or

    • (D) Actually implemented the allowed land use, in its entirety, on the subject property in compliance with the conditions of approval, if no construction was required.

• (b) Projects subject to the Subdivision Map Act.

  • (1) Approved or conditionally approved tentative maps shall expire two years following the actual date of approval or conditional approval, unless an extension is approved in compliance with this article.

• (A) Notwithstanding the provisions of subsection (b)(1) above, if the subdivider is required to expend monies, based on the limits identified by State law (Government Code Section 66452.6 ), to construct, improve, or finance the construction or improvement of public improvements outside the property boundaries of the tentative map, the tentative map shall be extended in compliance with State law (Government Code Section 66452.6 ).

  - (B) Notwithstanding the provisions of subsection (b)(1)above, a tentative map on property subject to a development agreement may be extended for the period of time provided for in the agreement, but not beyond the duration of the agreement. 
  
  - (C) The maximum number of phased final maps which may be filed shall be specified by the Director. 
  

  • (2) The period of time specified in subsection (b)(1) above shall not include the period of time during which a development moratorium, imposed after approval of the tentative map and affecting the tentative map, is in existence. The length of the moratorium shall not exceed five years.

• (c) Where the entitlement or map has expired and/or has been deemed void: (1) No further action is required by the City; (2) No further reliance may be placed on the previously approved entitlement or map; (3) The applicant shall have no rights previously granted under the entitlement or map;

  • (4) The applicant shall file a new application and obtain all required approvals before construction can commence or an allowable use may be implemented; and

  • (5) Any security provided by the applicant under the previously approved entitlement or map may be utilized by the City to provide suitable protection from any harm that may result from the terminated development.

• (§ 3, Ord. 771, eff. February 13, 2004, as amended by § 108, Ord. 941, eff. November 10, 2023)

• (a) Extension of the entitlement.

  • (1) The applicant shall file a written request for an extension of time before the expiration of the entitlement, together with the filing fee required by the City's fee resolution. The burden of proof is on the permittee to establish, with substantial evidence, why the entitlement should be extended.

  • (2) If the matter originally required a noticed public hearing, the Director shall provide notice, in compliance with Article 29 of this chapter.

  • (3) Upon good cause shown, the extension may be approved, approved with modifications, or disapproved by the Director, whose decision may be appealed to the Commission, in compliance with Article 30 of this chapter.

  • (4) The maximum time that an entitlement may be extended may not exceed one additional 12 month period beyond the expiration date of the original approval, unless otherwise allowed by law.

  • (5) An extension of the approval of an entitlement may be granted only if the Director finds that there have been no significant changes in the General Plan, these Zoning Regulations, the Municipal Code, or character of the area within which the subject property is located that would cause the approved entitlement to be injurious to the public convenience, health, safety, or general welfare.

• (b) A subdivider may request an extension by written application to the Director. Before the expiration of an approved or conditionally approved tentative map, and upon an application by the subdivider to extend that map, the tentative approval of the map shall automatically be extended for 60 days after the expiration date or until the application for the extension is finally approved, conditionally approved, or disapproved, whichever first occurs. The burden of proof is on the subdivider to establish, with substantial evidence, why the tentative map should be extended.

• (§ 3, Ord. 771, eff. February 13, 2004)