San Jose |
Code of Ordinances |
Title 20. ZONING |
Chapter 20.100. ADMINISTRATION AND PERMITS |
Part 2. COMMON PROCEDURES |
§ 20.100.290. Acceptance.
A.
After the time for any appeal has expired and no appeal has been filed by a qualified appellant, the permit or other approval issued shall be deemed final, subject to the provisions of Subsection 20.100.290 D. below.
B.
If the applicant fails to file a timely and valid appeal of the permit or other approval within the applicable appeal period, such inaction by the applicant shall be deemed to constitute all of the following on behalf of the applicant:
1.
Acceptance of the permit or approval by the applicant; and
2.
Agreement by the applicant to be bound by, to comply with, and to do all things required of or by the applicant pursuant to all of the terms, provisions, and conditions of the permit or other approval and the provisions of this title applicable to such permit or other approval.
C.
If the applicant is a qualified tenant, such tenant shall, and it shall be the responsibility of such tenant to, inform the property owner(s) of the issuance of the permit or other approval, together with the terms, conditions and provisions of such Permit or other approval, including without limitation provisions contained in such permit or approval that require dedication of land, restrictive covenants or other commitments beyond the scope of a tenancy.
D.
No permit or other approval shall have any force or effect prior to, and a permit shall be deemed effective on, the date that all of the following have occurred:
1.
The elapse of the appeal period applicable to that permit; and
2.
The fulfillment of all conditions precedent to the effectiveness of that permit as set forth in the permit; and
3.
The payment to city in full of all fees applicable to that permit.
(Ords. 26248, 27185, 28677.)