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SR - ORD-02-14 - EXTENSION TIME LIMITS�pPOR�_ ° b�;o am a ua. •Py� critic AGENDA ITEM May 13, 2014 ReviewedNerified B City Manager Finance Dire for To Be Presented By: Cons Calendar ity Mgr Rpts Council Reports Legal Affairs Boards /Crates _ Public Hrgs X Admin Reports Plan /Environ TO: Honorable Mayor and Members of the City Council THRU: John W. Sibley City Manager FROM: Wayne Winthers City Attorney Rick Otto ��./ Interim Co unity Development Director 1. SUBJECT Adoption of Ordinance 2 -14 amending OMC Section 17.08.060 extending land use entitlements beyond the current Zoning Code time limits. 2. SUMMARY Due to challenging economic conditions, in 2009 the City Council adopted Ordinance 19 -09 which provided for the ability of an applicant to receive an extension of land use entitlements for up to three years. With Ordinance 19 -09 expiring on January 1, 2013, extension to entitlements reverted back to a maximum of one year. As the economy is still not on solid footing, applicants and developers may still be encountering land use entitlements that could expire prior to the projects being able to move ahead. This ordinance would amend the Zoning Code to again allow for additional time extensions. 3. RECOMMENDED ACTION Approve First Reading of Ordinance No. 2 -14. 4. FISCAL IMPACT This action should have a neutral to potentially positive fiscal impact. 5. STRATEGIC PLAN GOAL(S) 2. Be a fiscally healthy community ITEM 2. a 5/13/14 6. GENERAL PLAN IMPLEMENTATION Not Applicable 7. DISCUSSION and BACKGROUND Currently, most of our land use entitlements are valid for two years. Within this time the applicant /developer should secure a building permit (if required) and commence construction, or in the case of an entitlement that is solely use related, begin the business. The City's Zoning Code does provide for a one year extension, with such extension request being heard and acted upon by the original approval body. During the most recent recession, our applicants and developers with approved land use entitlements were experiencing difficulty securing construction and operations financing, completing construction drawings, and being in position to start construction within that three year window. In 2009, in recognition of this, the City Council adopted Ordinance 19 -09, providing for the ability of an applicant to receive an extension of land use entitlements for up to three years. Ordinance 19 -09 expired on January 1, 2013 with the ability to extend entitlements reverting back to a one year extension. Although the economy has improved, the difficulties seen in 2009 still exist. City staff is concerned some of the projects which have obtained land use entitlements including Design Review, Site Plan Review, Conditional Use Permit, etc. may still be unable to move to completion of the next stage of development without having to re- apply and go back through the entitlement process. As such, Staff is concerned that the applicants might choose to forego the extension request knowing that it only grants them one additional year of entitlement. In an effort to be pro- active and encourage the completion of projects that have received land use entitlements, Ordinance 2 -14 would once again provide for up to a three year extension. This ordinance would sunset on December 31, 2016. 8. ATTACHMENTS Ordinance 02 -14. ITEM 5/13/14 ORDINANCE NO. 2-14 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 parties holding entitlements have delayed development and several risk having their entitlements lapse due to the lack of any construction or use of the land use entitlement; and WHEREAS, the City Council recognizes that current economic conditions may make it difficult for some parties to obtain financing to construct development or to make such development financially feasible; and WHEREAS, the City Council previously adopted Ordinance 19 -09 on December 8, 2009, providing for the ability of an applicant to receive an extension of land use entitlements for up to three years with this ability expiring and reverting back to a one year extension on January 1, 2013; and WHEREAS, the City Council desires to further extend the potential duration of entitlements to assist parties during these difficult economic conditions, to help parties 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 45 days prior to the expiration date and at a minimum shall explain the extenuating circumstances that