HomeMy WebLinkAboutNS-2236 - Amending Section 41-647 of the Santa Ana Municipal Code to Allow a Three-Year Extension of Time to Commence Utilization of a Conditional Use Permit, Variance or Minor Exception384
ORDINANCE NO. NS-2236
AN ORDINANCE OF THE CITY OF SANTA ANA
AMENDING SECTION 41-647 OF THE SANTA ANA
MUNICIPAL CODE TO ALLOW A THREE-YEAR
EXTENSION OF TIME TO COMMENCE UTILIZATION
OF A CONDITIONAL USE PERMIT, VARIANCE OR
MINOR EXCEPTION
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-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 or
periods not exceeding three years in total beyond the date it would
otherwise become void.
Acceptable action shall be considered to be actual construc-
tion, alteration, repairs and use of structures and land. Prepara-
tion of plans, financial negotiations, estate settlements, or
change of property owners are not considered sufficient evidence of
an action.
SECTION 2: 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, 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.
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383
ORDINANCE NS-2236
PAGE 2
~: 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 deposited pursuant to any ordinance and all rights and
obligations thereunder appertaining shall continue in full force
and effect.
ADOPTED this 5th
ATTEST:
~lerk of the Council~ /
day of D~cemh~r , 1994.
COUNCILMEMBERS:
Pulido Aye
Richardson Aye
Espinoza
Lutz
McGuigan Aye
Mills Aye
Moreno Aye
APPROVED AS TO FORM:
city Attorney
CERTIFICATE OF ORIGINALITY & PUBLICATION
State of California
County of Orange
of Santa Ana on
with the Charter of the City of Santa Ana.
I, JAN-ICE C. GUY, Clerk of the Council, do hereby certify the attached Ordinance
to be the original ordinance adopted by the City Council of the City
?~ -.~'-~ ~ ?/ ; and that said ordinance was published in accordance
/ '
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City of Santa Ana