§ 18.124.091. Tolling of period within which a use permit must be used due to litigation involving applicable general plan, specific plan or zoning regulations.

A.

If prior to, or subsequent to, the issuance of any use permit, a lawsuit is filed contesting the validity of any general plan, specific plan or zoning regulation, or the environmental determinations relating to the adoption of said general plan, specific plan or zoning regulation, that was relied upon in the use permit approval process, the period of time during which the use permit must be "used" as set forth in Section 18.124.080, shall be tolled during the pendency of such lawsuit, including appeals, as long as the petitioner or plaintiff in the lawsuit is not the holder of the use permit.

B.

If a use permit that is subject to the tolling provisions of subsection (A) contains language requiring a condition to be performed by a specified date or time, the date or time shall automatically be extended for the lesser of twelve months or the number of months that the period of time during which the use permit must be "used" is tolled. This date or time may be further extended providing a written request to modify the use permit by extending said date or time is filed not less than ninety days prior to the date or time compliance with the condition would otherwise be required, and further providing that the request is subsequently approved by the director. Any such request, if timely filed, shall be processed as a minor modification pursuant to Section 18.124.130. The director shall, within thirty days of receipt, either grant or deny the request. The director shall approve the request unless the director finds that a further delay in meeting the condition would be detrimental to the public health and safety. Any such determination by the director may be appealed to the board of supervisors.

(Ord. 1183 § 1, 2001)