HomeMy WebLinkAboutORD-11-05 Amend 17.10.03- Experation of PermitsORDINANCE NO. 11-05
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AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF ORANGE AMENDING SECTION
17.10.030(1) OF THE ORANGE MUNICIPAL CODE
REGULATING THE EXPIRATION OF
CONDITIONAL USE PERMITS.
WHEREAS, the current code provides that approved Conditional Use Permits (CUP)
shall become void if the use ceases to exist for more than two years; and
WHEREAS, under the current code, should a use cease to operate, a subsequent similar
use would have up to two years to begin operating at the same location under conditions
granted under the CUP, before that CUP would expire; and
WHEREAS, City staff has experienced problems with subsequent uses operating under
CUP's issued for an original use that was approved many years prior, with minimal conditions,
under a less stringent zoning code; and
WHEREAS, staff believes that the proposed amendment to shorten the expiration
period will provide the City with increased control and ability to better respond to changing
circumstances and impacts to surrounding uses when subsequent uses operate under a
previously approved CUP; and
WHEREAS, staff has conducted a survey and found that the six-month time limit for
alcoholic beverages, entertailUnent and wireless communications facilities land uses is
consistent with many local cities as is the proposed one-year time limit for all other uses; and
WHEREAS, the purpose and intent of this ordinance amendment is to ensure that the
property interest of property owners adjacent to outdated or antiquated conditionally permitted
uses are protected from impacts associated with the use.
NOW THEREFORE, the City Council of the City of Orange hereby ordains as
follows:
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SECTION I:
Chapter 17.10.030(1) (Expiration) is hereby amended to read as follows:
1. Expiration of Conditional Use Permits. Approved conditional use permits
shall become void under the following circumstances:
1. If the use has not commenced, or if substantial construction has not begun
within twenty-four (24) months after the date the conditional use permit
was approved. However extensions of time may be granted in accordance
with Section 17.08.060;
2. Unless otherwise provided in section 3, if the use has ceased to exist for
more than one year;
3. Due to the nature of the following specified uses, if the use has ceased to
exist for more than six (6) months:
a. Alcoholic Beverage Sales in Conjunction with Sale of Motor Fuel,
and Off-Sale of Alcoholic Beverages in Industrial Zones;
b. Antennas, Wireless Communication Facilities;
c. Amusement Arcades;
d. Bars;
e. Billiard Parlors;
f. Liquor Stores;
g. Massage Establishments;
h. Restaurants with Alcoholic Beverage Sales;
I. Restaurants with On-Site Brewing and Sale of Beer;
J. Sale of Alcoholic Beverages.
SECTION II:
Should any section, subsection, clause, or provision of this Ordinance for any
reason be held to be invalid or unconstitutional, 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 anyone or more sections, subsections,
sentences, clauses or phrases be declared invalid or unconstitutional.
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 Goverrunent
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Code Section 36933. This Ordinance shall take effect thirty (30) days from and after the
date of its final passage.
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ADOPTED this 13th day of September, 2005.
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Mark l\. Murphy, Mayor,
G-. rf{
of Orange
ATTEST:
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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 foregoing Ordinance was introduced at the regular meeting of the City Council held on
the 24th day of August, 2005, and thereafter at the regular meeting of said City Council duly
held on the 13th day of September, 2005, was duly passed and adopted by the following vote, to
wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
COUNCILMEMBERS: Smith, Murphy, Cavecche, Dumitru
COUNCILMEMBERS: Ambriz
COUNCILMEMBERS: None
COUNCILMEMBERS: None
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Mary E. M CityC f Orange
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