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11/23/82
ORDINANCE NO. NS- 1669
AN ORDINANCE OF THE CITY OF SANTA ANA
AMENDING SECTION 41-647 OF THE SANTA
ANA MUNICIPAL CODE TO ALLOW THE CITY
COUNCIL TO EXTEND FOR UP TO ONE YEAR
THE TIME LIMIT ON INITIATION OF USE
OF VARIANCES, CONDITIONAL USE PERMITS
AND MINOR EXCEPTIONS
THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN
AS FOLLOWS:
SECTION 1: That section 41-647 of the Santa Ana
Municipal Code is hereby amended to read as follows:
Sec. 41-647.
utilizing conditional use permits,
variances, minor exceptions; time
limits, extensions.
A conditional use permit, variance or minor exception
approved in accordance with the procedures and
considerations as provided in this article, shall
automatically become void after two (2) years from the
effective date of such approval when the owner fails to
institute an action to erect, build, alter, move or maintain
the use of the property as specified in the terms and
conditions of the conditional use permit, variance or minor
exception; however, at the initial hearing the planning
commission or zoning administrator may provide, by
appropriate condition of approval, for extensions of time
beyond the two (2) year period. Furthermore, the city
council may, by resolution, extend the date on which a
conditional use permit, variance or minor exception becomes
void for a period not exceeding one year beyond the date it
would otherwise become void.
Acceptable action shall be considered to be actual
construction, alteration, repairs and use of structures and
land. Preparation of plans, financial negotiations, estate
settlements, or change of property owners are not considered
sufficient evidence of an action.
SECTION 2: Any conditional use permit, variance or minor
exception having an effective date within three (3) years
prior to the effective date of this ordinance may have the
date on which it becomes void pursuant to section 41-647
extended by resolution of the city council to a date not
later than three (3) years after its effective date,
notwithstanding that the two (2) year period set by section
41-647 prior to its amendment by this ordinance may have
expired.
ORDINANCE NO. NS- 1669
PAGE TWO
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 or 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, sentence, clause, phrase or portion
thereof irrespective of the fact that any one or more
sections, subsections, sentences, clauses, phrases, or
portions be declared invalid or unconstitutional.
SECTION 4: Neither the adoption of this ordinance nor
the repeal hereby of any ordinance shall in any manner
affect the prosecution for violation of ordinances, which
violations were committed prior to the effective date
hereof, nor be construed as affecting any of the provisions
of such ordinance relating to the collection of any such
license or penalty or the penal provision applicable to any
violation thereof, nor to affect the validity of any bond or
cash deposit in lieu thereof, required to be posted, filed
or deposit pursuant to any ordinance and all rights and
obligations thereunder appertaining shall continue in full
force and effect.
ADOPTED this t7th day of Januar3 , 1983.
ATTEST:
GORDON BRICK~N
Mayor
COUNCILMEMBERS:
Bricken Aye
Luxembourger --~3e
Acosta Aye
Serrato AYe
Griset Absent
Markel Aye
McGuigan
APPROVED AS TO FORM:
~DWARD J~ O~q~0~ E R
City Attorne~