HomeMy WebLinkAbout88-09 Amending Code Regarding time Limits to Commence Construction Authorized by Variance, Conditional Use Permit, Final Dev PlanORDINANCE NO. 88-9
M ORDINANCE OF THE CITY COUNCIL CF THE CITY OF
COSTA LVESA, CALIFORNIA, AMENDING THE ODSTA MESA
MUNICIPAL CODE REGARDING TINE LIMITS TO COMMENCE
CONSTRUCTION AUTHORIZED BY VARIANCE, CONDITIONAL
USE PERMIT, DEVELOPMENT REVIEW OR FINAL DEVELOP-
MENT PLAN.
THE CITY COUNCIL CP THE CITY OF CD STA MESA HEREBY FINDS AND DECLARES
AS FOLL066:
CL f"PTnnT l
1. The City recently enacted an ordinance which, in accordance with
the California Subdivision Map Act, allows developers to receive approval
for Vesting Tentative Maps; and
2. A Vesting Tentative Map conveys a vested right to proceed with
developrrent in ccmpliance with the local ordinances, policies and standards
in effect at the time the application for approval of the Vesting Tentative
Map is deemed canplete; and
3. The rights created by approval of a Vesting Tentative Map last
loncgar than the one year period within which, uncbr current law, construc-
tion authorized by Variance, Conditional Use Permit, Development Review or
Final Develcpmnt Plan must cammnce;
4. It is necessary to extend the time limit for Variances, Condi-
tional Use Permits, and Final Developmnt Plans for projects for which a
Vesting Tentative Map has been approved. This Ordinance No. 88-9 shall be
retroactive to January 1, 1988.
ACCDRDINGLY, the City Council of the City of Costa Mesa hereby amends
Chapter II of Title 13 of the City of Ccsta Mesa Municipal Code as set
forth below:
Y
SECTION 2.
Section 13-254. Failure to Begin Development.
(a) If no construction has occurred in the planned development pursu-
ant to the development plan within twelve (12) months from the approval
of the developmnt plan by the city council, the approved plan shall
be null and wid, and a new development plan shall be required for any
development on subject property; except that when a vesting tentative
map is approved for the project site then the time limits to commence
construction shall be cammnsurate with the time limits associated
with the vesting map
The city ccuncil, upon a showing of good cause by the developer, may
extend for periods cf twelve (12) months the time for beginning con-
struct ion.
Section 13-349. Time Limits.
(b) If the construction authorized by variance, conditional use per-
mit or developmnt review is not ccmrenced within one year after final
approval by the city, the aithority to proceed shall terminate; except
that when a vesting tentative map is approved for the project site
then the time limits to cammnce construction shall be canmensurate
with the time limits associated with the vesting map.
The planning canmission may extend a variance or conditional use
permit fror successive periods of one year upon a showing of good cause
by the applicant. The development services director or his designee
may extend a developmnt review approval for successive periods of a
year upon the showing of good cause by the applicant.
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This Ordinance shall take effect and be in full force thirty (30) days
from and after the passage thereof, and prior to the expiration of fifteen
(15) days from its passage shall be published once in the ORANGE COAST
DAILY PILOT, a newspaper of general circulation, printed and published in
the City of Costa Mesa or, in the alternative, the City Clerk may cause to
be published a summary of this Ordinance and a certified copy of the text
of this Ordinance shall be posted in the office of the City Clerk five (5)
days prior to the date of adoption of this Ordinance, and within fifteen
(15) days after adoption, the City Clerk shall cause to be published the
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aforementioned summary and shall post in the office of the City Clerk a
certified copy of this Ordinance together with the names of the members of
the City Council voting for and against the sane.
PASSED AND ADOPTED this 1st day of August, 1988.
ATTEST:
144-
City Clerk of the City of Costa Mr
yor of the City of Costa Mesa
STATE CF CALIFORNIA ) APPROVED AS TO FORM
COUNTY OF ORANGE ) ss.
CITY OF CDSTA MESA ) CITY ATTORNEY
I, EILEEN P. PHINNEY, City Clerk and ex -officio Clerk of the City
Council of the City of Costa Mesa, hereby certify that the above and fore-
goirg Ordinance No. 88-9 was introduced and considered section by section
at a regular meting of said City Council held on the 18th day of July,
1988, and thereafter passed and adopted as a whole at a regular meeting of
said Council held on the lst day of August, 1988, by the following roll
cal 1 wte :
Yom,elj'�KJ�7 /-
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT : COUNCIL MEMBERS:
IN WITNESS VfffiERE F, I have hereby set my hand and affixed the Seal
cf the City of Costa Mesa .this 2nd day of August, 1988.
Ci y Clerk arra ex -officio Clerk of t
--- - City Council of the City of Costa Me
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