§ 18.128.070 — Time Extensions

A. Director’s Action to Extend. 1. The Director shall have the authority to extend the period specified in Section 18.128.060 (Expiration), above, for up to two additional 12-month periods. 2. The applicant’s written request for an extension of time shall be on file with the Department at least 30 days before expiration of the permit or approval, together with the filing fee required by the Fee Schedule. 3. Public hearing not required. a. A public hearing shall not be required for the Director’s decision on an extension of time. b. However, the Director may conduct a public hearing in compliance with Chapter 18.146 (Public Notices and Hearings) if deemed appropriate by the Director. B. Director Denies Extension. In the event the Director denies the request for extension, the applicant may appeal the decision in compliance with Chapter 18.144 (Appeals). C. Required Findings. An extension of the permit or approval may be granted only if the Director first makes all the following findings: 1. There have been no changes in circumstances or law that would preclude the Director from making the findings upon which the original approval was based; and 2. Appropriate evidence has been provided by the applicant to document that the extension is required due to a hardship that was not the result of personal action(s) undertaken by the applicant. D. Further Extensions. An application for an extension of the permit or approval more than 48 months following the original date of approval (original 24 months plus up to two additional 12-month periods) shall be treated as a new application which shall be filed in compliance with Chapter 18.112 (Application Processing Procedures). E. Further Extensions – Data Centers. For Data Center Uses, the Director may grant up to five additional 12-month extensions beyond the original 48-month approval period (original 24 months plus up to two additional 12-month periods) if Silicon Valley Power has not guaranteed the availability of power to the site. F. Not a Matter of Right. The granting of an extension of a discretionary permit or approval is not a matter of right and the Review Authority may deny the application or grant the application subject to new or different conditions.