§ 23.02.050. Extensions of Time for Land Use Permits.

When substantial site work (Section 23.02.042) on a project authorized by an approved land use permit has not occurred within the time limits set by Section 23.02.040, a maximum of three, 12-month extensions (except as provided by Section 23.02.042.a. of this Title) to the initial time limit may be granted as provided by this section. Extension requests shall be in writing and shall be filed with the Planning Department on or before the date of expiration of the land use permit or previous extension, together with the required filing fee. When an extension request has been filed, the permit shall be automatically extended until such time as the Review Authority has acted upon the extension request, provided that no construction shall take place and no construction permits shall be issued for a proposed project pursuant to Title 19 of this code until the extension has been approved. Notice of the application for extension shall be provided to the California Coastal Commission.

a.

Initial extensions: The Planning Director may grant two 12-month extensions to the time limit for any land use permit. The Planning Director shall grant an extension only after finding that the land use permit does not contain conditions prohibiting extension, and that:

(1)

There have been no changes to the provisions of the Land Use Element or Land Use Ordinance applicable to the project since the approval of the land use permit; or

(2)

There have been no changes in the character of the site or its surroundings that affect how the standards of the Land Use Element or Land Use Ordinance apply to the project; or

(3)

There have been no changes to the capacities of community resources, including but not limited to water supply, sewage treatment or disposal facilities, roads or schools such that there is no longer sufficient remaining capacity to serve the project.

If the Review Authority determines that changed circumstances exist that may affect the consistency of the development with the Local Coastal Program, then the extension request shall be denied. Action on a requested extension by the Planning Director may be appealed to the Planning Commission as set forth in Section 23.01.042 (Appeal) and to the California Coastal Commission as set forth in Section 23.01.043 (Appeals to the Coastal Commission).

b.

Third and final extension: The Planning Commission (or Board of Supervisors on appeal) may grant one additional 12-month extension to an approved land use permit after the two initial extensions in accordance with the notice, hearing, and appeal procedures required for a new development application, subject to the same findings and standards required by Section 23.02.050a. provided that the Planning Commission makes the following additional findings:

(1)

That substantial site work could not be completed as set forth in Section 23.02.042 because of circumstances beyond the control of the applicant; and

(2)

The findings specified in Sections 23.02.050a(1), (2) and (3) above; and

(3)

The findings that were required by Section 23.02.034c(4) to enable initial approval of the permit.

An approved land use permit shall become void after the expiration of the third extension (or after the expiration of any previous extension when a request for further extension has not been filed before expiration) where substantial site work has not first occurred pursuant to Section 23.02.042. No more than three extensions pursuant to this section shall be granted.

c.

Land use permit required with a land division. For land use permits that are required in conjunction with a land division application, the advisory agency (the Planning Commission or Subdivision Review Board) may grant five 12-month time extensions to the time limit in accordance with the standards and procedures established by this Section. The planning department shall make a written recommendation in its staff report to the advisory agency concerning the extension request.

d.

Time extensions on permits issued by the Coastal Commission. A time extension on a coastal development permit issued by the Coastal Commission shall only be granted by the Coastal Commission.

e.

Notice of Final County Action. After all county rights of appeal have been exhausted as set forth in Section 23.01.043b. (Exhaustion of Local Appeals required), the County shall provide notice of its action on the third and final extension require in accordance with Section

[Amended 2004, Ord. 3001]