Sec. 26-228. - Failure to take action on a conditional use permit.

(a)

Failure to take any action on a conditional use permit within two (2) years of its effective date (unless extended by action) will cause such conditional use permit to expire without further action by the City. In the event construction work is involved, such work must actually commence within the stated period and be diligently pursued, unless other entitlements must be sought prior to commencement of construction and the applicant is proceeding diligently to obtain such entitlements. If the Community Development Director or their designee should find that there has been no construction or other action of substantial character taken or if the applicant is not diligently proceeding, the Community Development Director or their designee may give notice of intent to modify the conditional use permit, or to revoke the conditional use permit pursuant to the procedures set forth in division 12 of this article.

(b)

Extension of time in one-year increments, up to a maximum of two (2) additional years, may be granted from the original date of expiration of the conditional use permit by the Community Development Director (unless the Planning Commission or City Council specifically requested to review any extension of time in the original conditions of approval) when extenuating circumstances can be clearly shown by the applicant. The request for same shall be submitted to the planning division in writing prior to the expiration date and shall clearly state the reasons why construction has not commenced or been continued. Extensions of time may only be granted if no amendments to the zoning code, zoning map, or General Plan are made that are applicable to the project. If the project was originally approved with a subdivision, the extension of time provisions within article VIII (subdivision regulations) shall apply.

(c)

In the event that the use for which a conditional use permit has been granted is discontinued for a period of six (6) months, the conditional use permit shall be reviewed by the Planning Commission at the property owner's written request via the submittal of the prescribed form, application materials, and corresponding fee. The Planning Commission may opt to move forward with the revocation procedures or impose additional conditions of approval.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)