ORD 19-09 Extensions to Land Use EntitlementsORDINANCE NO. 19-09
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF ORANGE AMENDING SECTION 17.08.060
OF THE ORANGE MUNICIPAL CODE RELATING
TO EXTENSIONS TO LAND USE ENTITLEMENTS
EXPIRATION DATES.
WHEREAS, the Orange Municipal Code contains provisions concerning the
expiration of conditional use permits, variances, site plans, etc. (hereafter, entitlements),
which have been granted but not constructed or utilized by the holder of the entitlement; and
WHEREAS, due to current economic conditions numerous developers holding
entitlements have delayed development and several risk having their entitlements lapse due
to the lack of any construction ar use of the land use entitlement; and
WHEREAS, the City Council recognizes that current economic conditions may
make it difficult for some developers to obtain financing to construct development or to make
such development financially feasible; and
WHEREAS, the City Council desires to extend the potential duration of entitlements
to assist developers during these difficult economic conditions, to help developers avoid the
potential cost of having to go back through the process to renew entitlements previously
approved; and to have development that is essentially ready to build once economic
conditions improve to a degree that development becomes financially feasible.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ORANGE
DOES ORDAIN AS FOLLOWS:
SECTION I:
Section 17.08.060 of the Orange Municipal Code is amended to provide as follows:
17.08.060 Time Extensions.
A. The body granting final approval for a land use entitlement, an extension of
which is subject to this section, may extend the period upon which to commence use
or construction of the land use entitlement by a period of up to three years. The
person seeking such an extension must submit a written request to the Community
Development Director in a form acceptable to the Community Development Director.
The written request should be submitted at least 30 days prior to the expiration date
and at a minimum shall explain the eXtenuating circumstances that have delayed
construction or use of the land use entitlement. A request for an extension shall not
require public notice provided that no conditions or other requirements are added,
deleted or modified. Any such changes to the land use entitlement shall be considered
an amendment to the land use entitlement and require notice and hearing and any
applicable review.
B. Unless further amended by the City Council, the period upon which a land use
entitlement may be extended by the body granting final approval shall revert back to
one year as of January 1, 2013.
SECTION II:
Should any section, subsectian, clause, or provision of this Ordinance for any
reason be held to be invalid or unco nstitutional, such invalidity or unconstitutionality
shall not affect the validity or constitutionality of the remaining portions of this
Ordinance; it being hereby expressly declared that this Ordinance, and each section,
subsection, sentence, clause and phrase hereof would have been prepared, proposed,
approved and ratified irrespective of the fact that any one or more sections,
subsections, sentences, clauses or phrases be declared invalid or unconstitutional.
This Ordinance shall be prospective in application from its effective date.
SECTION III:
A summary of this Ordinance shall be published and a certified copy of the full
text of this Ordinance shall be posted in the Office of the City Clerk at least five (5)
days prior to the City Council meeting at which this Ordinance is to be adopted. A
summary of this Ordinance shall also be published once within fifteen (15) days after
this Ordinance's passage in a newspaper of general circulation, published, and
circulated in the City of Orange. The City Clerk shall post in the Office of the City
Clerk a certified copy of the full text of such adopted Ordinance along with the names
of those City Council members voting for and against the Ordinance in accordance
with Government Code Section 36933. This Ordinance shall take effect thirty (30)
days from and after the date of its final passage.
ADOPTED this 8`
h
day of December, 2009.
aroly V. ave che, Mayor, ity of Orange
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ATTEST:
Mary E. City C erk, Cit range
STATE OF CALIFORNIA)
COUNTY OF ORANGE )
CITY OF ORANGE
I, MARY E. MURPHY, City Clerk of the City of Orange, California, do
hereby certify that the foregoin Ordinance was introduced at the regular meeting of
the City Council held on the 24t day of November, 2009, and thereafter at the regular
meeting of said City Council duly held on the 8th day of December, 2009, was duly
passed and adopted by the following vote, to wit:
AYES: COLTNCILMEMBERS: Smith, Murphy, Cavecche, Dumitru, Bilodeau
NOES: COLINCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
ABSTAIN: COLJNCILMEMBERS: None
Mary E u y, City Cl , f Orange
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