Sec. 26-251. - Failure to act on a minor modification.

(a)

Minor modifications approved in conjunction with cases which are dependent on the minor modification (precise plans, parcel or tract maps, conditional use permits, etc.) shall expire on the same expiration date as the case. Approval of a time extension for such cases shall constitute the approval of a time extension of the variance on which the case is dependent.

(b)

A minor modification not in conjunction with other cases shall expire without further action by the City if no action is taken on it within two (2) years from date of the resolution or approval granting the minor modification. If construction work is involved, such work must be actually commenced 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 construction has ceased or no other action of substantial character has been taken after building permits are issued and/or related construction has commenced, the Community Development Director or their designee may give notice of intent to modify the minor modification, or to revoke the minor modification pursuant to the procedures set forth division 12 of this article.

(c)

Extensions of time up to a maximum of one (1) additional year may be granted from the date of expiration of an approved minor modification by the Community Development Director or their designee when extenuating circumstances can be clearly shown by the applicant. The request for the extension shall be submitted to the Community Development Director or their designee in writing prior to the expiration date and shall clearly state the reasons why the minor modification has not been acted upon. In considering a request for an extension of time, the Community Development Director or their designee may approve, modify, add conditions, or deny the request. The Community Development Director or their designee may not approve an extension if such approval would be in conflict with the General Plan or zoning code.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)