A. Whenever a time limit is prescribed by this title, the zoning ordinance of the city of Marina, or is imposed as a condition which is applicable to any permit or approval granted or any action taken pursuant to this title, any time during which the city is prevented due to circumstances beyond the control of the city from fulfilling a responsibility which is prerequisite to the applicant’s accomplishment of the requirements to meet said time limit, the time during which said circumstances continue shall not be included as part of the time in which the condition or time limit established by ordinance must be fulfilled. “Circumstances beyond the control of the city” as used in this section is defined to include only actions by parties beyond the control of the city, including but not limited to inability or failure of persons other than the city to take actions which are prerequisite to the city’s fulfillment of its responsibilities, the departure of key city personnel, appeals to the city council or to other responsible authorities, and lawsuits filed against the city to challenge an associated permit, approval granted or any other related city action. Subject time limits shall be suspended for those periods of time during which the city is prevented by circumstances beyond the control of the city from fulfilling what either are or would ultimately become its responsibilities should all other requirements precedent to the city taking action to fulfill these responsibilities be ultimately satisfied. No city responsibility can be created to bring about a time limit suspension relating to a particular project, permit, approval granted or any city action taken pursuant to this title as a result of actions or inactions by the beneficiaries of the project, permit, approval granted or any city action taken pursuant to this title. This section shall apply to any unexpired time limits imposed prior to the effective date of this section as well as to such future time limits.

B. Upon request, the director of planning may be asked to determine whether there has been a delay caused by circumstances beyond the control of the city. The time limit suspension provided for by this section shall not come into effect for any specific time limit case unless such a request is made and the director of planning makes the administrative determination that there has been such a delay. If such a delay is determined, the planning director shall also determine the number of days during which applicable time limits have been suspended pursuant to this section and report the findings to the city manager, planning commission, and city council. Notice of said determinations shall be mailed to all persons having previously requested in writing to be notified of any city activities related to the original action to which the time limit conditions or ordinance provisions apply. Within seven calendar days of the director of planning’s written notice of the determinations, any person may appeal to the city council the director of planning’s determinations upon submission of a letter to the city clerk describing the reasons for the appeal accompanied by a fee equal to the lowest fee applicable to the class of action(s) to which the time limit applies. (Ord. 2020-07 § 2, 2020; Zoning Ordinance dated 7/94, 1994)