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384 <br /> <br />ORDINANCE NO. NS-2236 <br /> <br />AN ORDINANCE OF THE CITY OF SANTA ANA <br />AMENDING SECTION 41-647 OF THE SANTA ANA <br />MUNICIPAL CODE TO ALLOW A THREE-YEAR <br />EXTENSION OF TIME TO COMMENCE UTILIZATION <br />OF A CONDITIONAL USE PERMIT, VARIANCE OR <br />MINOR EXCEPTION <br /> <br /> THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS <br />FOLLOWS: <br /> <br />Section 1: That section 41-647 of the Santa Ana Municipal Code is <br />hereby amended to read as follows: <br /> <br />Sec. 41-647. <br /> <br />Utilizing conditional use permits, variances, minor <br />exceptions; time limits, extensions. <br /> <br /> A conditional use permit, variance or minor exception approved <br />in accordance with the procedures and considerations as provided in <br />this article, shall automatically become void after two (2) years <br />from the effective date of such approval when the owner fails to <br />institute an action to erect, build, alter, move or maintain the <br />use of the property as specified in the terms and conditions of the <br />conditional use permit, variance or minor exception; however, at <br />the initial hearing the planning commission or zoning administrator <br />may provide, by appropriate condition of approval, for extensions <br />of time beyond the two-year period. Furthermore, the city council <br />may, by resolution, extend the date on which a conditional use <br />permit, variance or minor exception becomes void for a period or <br />periods not exceeding three years in total beyond the date it would <br />otherwise become void. <br /> <br /> Acceptable action shall be considered to be actual construc- <br />tion, alteration, repairs and use of structures and land. Prepara- <br />tion of plans, financial negotiations, estate settlements, or <br />change of property owners are not considered sufficient evidence of <br />an action. <br /> <br /> SECTION 2: If any section, subsection, sentence, clause, <br />phrase or portion of this ordinance is for any reason held to be <br />invalid or unconstitutional by the decision of any court of <br />competent jurisdiction, such decision shall not affect the validity <br />of the remaining portions of this ordinance. The City Council of <br />the City of Santa Ana hereby declares that it would have adopted <br />this ordinance and each section, subsection, sentence, clause, <br />phrase or portion thereof irrespective of the fact that any one or <br />more sections, subsections, sentences, clauses, phrases, or <br />portions be declared invalid or unconstitutional. <br /> <br />1 <br /> <br /> <br />