§ 18.128.060 — Expiration

A. Expiration of Permit or Approval. Unless otherwise specified in the permit or approval, all permits and approvals for projects not subject to the Subdivision Map Act shall comply with the following expiration provisions. 1. Shall Be Exercised. a. To ensure continued compliance with the provisions of this Zoning Code, the permit or approval shall be exercised within 24 months following the effective date, unless, by conditions of the permit or approval, a different (either greater or lesser) time is prescribed, or the permit or approval shall be deemed void, unless an extension is approved by the applicable Review Authority, in compliance with Section 18.128.070 (Time Extensions), below. b. If after construction commencement, work is discontinued for more than six months, the permit or approval shall expire and be deemed void. 2. Allowable Phasing. a. Where the permit or approval provides for development in two or more phases or units in sequence, the permit shall not be approved until the Review Authority has approved the final phasing plan for the entire project site. b. Pre-approved phases. (1) If a project is to be built in pre-approved phases, each subsequent phase shall have 24 months 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 permit or approval. If the second or later phase does not commence within 24 months, the permit or approval for that phase and all subsequent phases shall expire and be deemed void. (2) If the application for the permit or approval also involves the approval of a tentative map, the phasing shall be consistent with the tentative map. 3. Shall Be Exercised before Expiration. A permit or approval shall be exercised before its expiration. The permit or approval 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 improvement has commenced and diligently pursued toward completion; or b. Obtained a Grading Permit and has completed a significant amount of on-site grading, as determined by the Director, in preparation for the work described in Subsection a., above. B. Effect of Expiration. Where the permit or approval 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 permit or approval; 3. The applicant shall have no rights previously granted under the permit or approval; 4. The applicant shall file a new application(s), together with all required fees, 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 permit or approval may be used by the City to provide suitable protection from any harm that may result from the terminated development.