SR - ORD-02-14 - SECOND READING ORDINANCE NO. 02-14
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
a
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extenuating circumstances that have delayed construction or use of the land use entitlement.
If a party has received a one year extension since January l, 2013 and the effective date of
this ordinance, that party may apply for an additional two year extension. Any entitlement
which would expire after the date of the first reading of this ordinance is eligible for the three
year extension upon the effective date of this ordinance. 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, 2017.
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 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 day of , 2014.
Teresa E. Smith, Mayor, City of Orange
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ATTEST:
Mary E. Murphy, City Clerk, City of Orange
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 day of , 2014, and thereafter at the regular meeting of said
City Council duly held on the_day of , 2014, was duly passed and adopted by the
following vote, to wit:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
Mary E. Murphy, City Clerk, City of Orange
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CITY COiJNCIL MINUTES June 10, 2014
9. LEGAL AFFAIRS
9.1 ORDINANCE NO. 02-14 (SECOND READING) (A2500.0 Ord-02-04 Land Use
Entitlements)
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.
MOTION - Whitaker
SECOND - Murphy
AYES - Alvarez, Whitaker, Smith, Murphy, Bilodeau
Moved that Ordinance No. 02-14 be read by title only and same was approved and adopted by
the preceding vote.
9.2 ORDINANCE NO. 03-14 (FIRST READING) (A2500.0 Ord-03-14 Sex Offenders)
An Ordinance of the City Council of the City of Orange Amending Chapter 9.10 of the Orange
Municipal Code Regarding Registered Sex Offenders.
Discussion — City Attorney Wayne Winthers stated that recent court rulings upheld that state
law preempts most local ordinances regulating the daily life of registered sex offenders. He
stated the City has received a letter from an advocacy group alleging the City's ardinance was
in violation of state laws and threatened a lawsuit. He reported that at least six cities in Orange
County have amended their municipal code accordingly. He further explained the changes and
reassured that the state laws regulate the areas that are being stricken from the local laws such
as registration, residency requirements in relation to proximity of schools and parks, etc. He
added that the City's ordinance still retains the regulations on hotel/motel registration, the
number of sex offender parolees simultaneously at a hotel/motel, and the requirement that the
hotel/motel inform other guests of the presence of the sex offender. He stated that the City
Attorney's office is monitoring future actions in the event these restrictions could be put back
into the local ordinance.
Mayor pro tem Whitaker clarified with Mr. Winthers that the court rulings were as a result of
the challenge to the Orange County ardinance on sex offenders. He stated he was not
comfortable with changing the City laws ensuring protection of children. He clarified with Mr.
Winthers the ramifications of not changing the City's regulations. Mr. Winthers indicated that
the City would be open to costly lawsuits and further stated that the changes to the local
ordinance would not adversely affect the Police Department from protecting children.
In response to questions by Councilmember Alvarez, Mr.Winthers detailed the changes to the
safe zones, restrictions based on whether the sex offender was currently on parole or not, and
that offenders must continue to register with the Police Department who aggressively monitor
their location.
Mayor Smith clarified with the City Attorney that if any regulations could be reinstated into
the local law, he would immediately return to Council with them.
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