§ 18.02.070 — Effect of Zoning Code Amendments on Projects in Progress

Santa Clara City Code · Santa Clara City Code § 18.02.070

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The enactment of this Zoning Code, or an amendment to this Zoning Code, may have the effect of imposing different standards on a new land use than those that applied to existing development. (For example, this Zoning Code or a future amendment could require a different number of off-street parking spaces for a particular land use than the former regulations.) The following provisions determine how the requirements of this Zoning Code will apply to a development project that is in progress at the time this Zoning Code or an amendment goes into effect. A. Application Complete. All planning permit applications (Article 6 [Permit Processing Procedures]), that are active and that have been determined by the Project Clearance Committee to be complete before the effective date of this Zoning Code or any amendment, shall be processed in compliance with the requirements in effect when the application was deemed complete. B. Approved Projects not Yet Under Construction. Any structure authorized by a planning permit or approval for which a Building Permit has been issued may be constructed in compliance with the permit or approval, as long as construction is completed and the approved land use is established before the expiration of the permit or, where applicable, before the expiration of any approved time extension, in compliance with Section 18.128.060 (Expiration). C. Project Under Construction. A project for which a Building Permit has been issued under the provisions of earlier ordinances of the City which are in conflict with this Zoning Code, and on which substantial construction beyond approval of the first inspection before the effective date of this Zoning Code, or any amendment, as determined by the Director, may be continued and completed in compliance with the plans and specifications upon which the permit was issued, and further provided that construction is diligently prosecuted to completion. The original permit need not be changed to satisfy any new or different requirements of this Zoning Code. D. Subdivision Maps. Subdivision maps shall be processed in compliance with the Subdivision Map Act (Government Code Section 66410 et seq.) and SCCC Title 17 (Subdivisions).