HomeMy WebLinkAboutNS-1178ORDINANCE NS - 1178
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTAANA ESTABLISHING A PROCEDURE FOR THE
REVOCATION OF CONDITIONAL USE PERMITS, VARIANCES,
AND MINOR EXCEPTION PERMITS
THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN
AS FOLLOWS:
SECTION 1: The Santa Ana Municipal Code is hereby
amended by adding a section, to be numbered 41-651, which
said section reads as follows:
Sec. 41-651.
Revocation procedure for conditional
use permits, variances, and minor ex-
ception permits.
The Planning Commission may, after twenty (20) days
notice by mail to the record owner of the property and to
the tenant of said property, if any, and after a public
hearing, revoke a conditional use permit, a variance, or a
minor exception permit, on any one or more of the following
grounds:
1. That the conditional use permit, variance, or
minor exception permit, was obtained by fraud or misrepresen-
tation.
2. That the conditional use permit, variance, or minor
exception permit, has been exercised by the person granted the
conditional use permit, variance, or minor exception permit,
or his representative, successors, or assigns, contrary to
the terms or conditions of approval, or in violation of any
statute, ordinance, law or regulation not excused by the
conditional use permit, variance, or minor exception permit.
3. That the use permitted by the conditional use permit,
variance, or minor exception permit, is being or has been so
exercised as to be detrimental to the public health, welfare,
or safety or so as to constitute a nuisance.
The person whose conditional use permit, variance, or
minor exception permit has been revoked by the Planning Com-
mission may appeal the decision of the Planning Commission in
writing to the City Council within ten days after such decision
by the Planning Commission. The City Council, after public
hearing, may affirm, reverse, change or modify the original
decision of the Planning Commission.
SECTION 2: This section shall operate retrospectively,
as well as prospectively, to the full extent that it may con-
stitutionally operate retrospectively.
SECTION 3: If any section, subsection, sentence, clause,
phrase or portion of this ordinance is for any reason held to
be invalid or unconstitutional by the decision of any court of
competent jurisdiction, such decision shall not affect the
validity of the remaining portions of this ordinance. The City
Council of the City of Santa Ana hereby declares that it would
have adopted this ordinance and each section, subsection, sen-
tence, clause, phrase or portion thereof irrespective of the
fact that any one or more sections, subsections, clauses, phrases
or portions be declared invalid or unconstitutional.
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ORDINANCE NS - 1178
SECTION 4: Neither the adoption of this ordinance
nor the repeal hereby of any ordinance sh~ll in any ~anner
affect the prosecution for violation of ordinances, which
violations were c~muitted prior to the effective date hereof,
nor be construed as affecting any of the provisions of such
ordinances relating to the collection of any such license
or penalty or the penal provisions applicable to any ~iola-
tion thereof, nor to affect the validity of any bond or case
deposit in lieu thereof, required to be posted, filed or
deposited pursuant to any ordinance, and all rights and obli-
gations thereunder appertaining shall continue in full force
and effect.
SECTION 5: The Clerk of the Council shall certify to the
passage of this ordinance and cause the same to be published
in some daily newspaper printed and published in the City of
Santa Ana.
SECTION 6: This Ordinance shall take effect thirty (30)
days from and after the date of its adoption.
PASSED AND ADOPTED by the City Council of
Santa Ana at its regular meeting held on the
August , 1973.
the City of
6 day of
ATTEST:
CLERK OF~HE COUNCIL
STATE OF CALIFORNIA }
COUNTY OF ORANGE ) SS
CITY OF SANTA ANA )
I, FLORENCE I. MALONE, do hereby certify that I a~
the Clerk of the Council of the City of Santa Ana; that
the foregoing Ordinance was introduced to said Council at
its regular meeting held on the 16 day of
July , 1973 and was again considered by
said Council at its meeting held on the ~ day of
AuguSt , 1973, and was at said meeting passed and
adopted by the following vote, to wit:
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ORDINANCE NS -1178
AYES,
NOES,
ABSENT,
COUNCILMEN: Griset, Yamamoto, Ward, Patterson,
Markel
COUNCILMEN: Evans
COUNCILMEN: Garthe
APPROVED AS TO FORM: