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10B Consent
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10B Consent
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9/26/2022 12:07:57 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Agenda
Document Date (6)
9/19/2022
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<br />Ordinance 2022-013 <br />September 19, 2022 <br />Exhibit A <br /> <br />5.08.136 Lapse of Approval; Transferability; Discontinuance; Revocation <br /> <br />A. Lapse of Approval. A use permit or variance shall lapse after two years, or at an <br />alternative time specified as a condition of approval, after its date of approval unless: <br /> <br />1. A building permit has been issued, coupled with diligent progress evidencing a <br />good faith intent to commence the intended use; or <br />2. A certificate of occupancy has been issued; or <br />3. The use is established; or <br />4. The approval is granted a one-year extension by the Zoning Enforcement Official <br />upon receipt of a written application with the required fee within the time period <br />specified by the review authority, or two years of the date of the approval. <br /> <br />A use permit also shall lapse upon discontinuance of work on a project or expiration <br />of a building permit. <br /> <br />B. Transferability. The validity of a use permit or variance shall not be affected by <br />changes in ownership or proprietorship provided that the new owner or proprietor <br />applies to the City for a business license and zoning approval. <br /> <br />C. Discontinuance. A use permit or variance shall lapse if the exercise of rights granted <br />by it is discontinued for 180 consecutive days. <br /> <br />D. Revocation. A use permit or variance that is exercised in violation of a condition of <br />approval or a provision of this Code may be revoked, as provided in Section 5.24.108 <br />Revocation of Discretionary Permits. <br /> <br />E. Renewal. Upon written request or a use permit, variance may be renewed by the <br />Zoning Enforcement Official for one year, with one additional one-year renewal <br />allowed for a total period not to exceed two years without notice or public hearing if <br />the findings required by Section 5.08.124 Required Findings remain valid. <br /> <br />F. Automatic Extension. Any use permit or variance for a single-family residential, multi- <br />family residential, or mixed-use residential project granted between January 1, 2019 <br />and June 30, 2022, including any such use permit or variance that has lapsed, shall <br />be automatically extended by two (2) years. The extension provided by this subsection <br />(F) shall be in addition to any other extension granted pursuant to any section of the <br />San Leandro Zoning Code or applicable California law, and shall not limit the ability of <br />an applicant to apply for and receive such additional extensions under the Zoning <br />Code.” <br /> <br /> <br /> <br />
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