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HomeMy WebLinkAbout94-14 CC OrdinanceORDINANCE NO 94-14 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING THE LAND USE CODE REGARDING THE TERM OF CONDITIONAL USE PERMITS, PUBLIC USE PERMITS AND PLOT PLANS THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Article XVIII, Section 18.30(0 of Riverside County Ordinance No. 348, as adopted by reference pursuant to City Ordinance No. 90-04, and as amended pursuant to City Ordinance No. 91-09, is hereby amended to read as follows: "f. APPROVED PERIOD. The approval of a plot plan shall be valid for a period of two years from its effective date within which time the construction authorized must be substantially begun or the occupancy authorized be in use; otherwise, the approval shall be void and of no further effect. Notwithstanding the foregoing, the permittee may, prior to the expiration of the plot plan, apply for up to three (3), one (1) year extensions of time in which to use the plot plan. Each extension of time shall be granted in one (1) year increments only. An application for an extension of time shall be made to the Planning Director, on forms provided by the Planning Department and shall be filed with the Planning Department, accompanied by the appropriate filing fee. Within thirty (30) days following the filing of an application for an extension of time, the Planning Director may approve, conditionally approve or deny the application. An extension of time may be granted by the Planning Director only upon a determination that the property and use are consistent with the General Plan, Land Use Ordinance, and all other City Ordinances and regulations. If an extension is granted, the total time allowed for use of the approval shall not exceed a period of five (5) years, calculated from the effective date of the approval. The term "use" shall mean the beginning of a substantial construction of the use that is authorized, which construction must thereafter be pursued diligently to completion, or the actual occupancy of existing buildings or land under terms of the authorized use. The effective date of a plot plan shall be determined pursuant to Section 18.26 of this Ordinance." Ords 94-14 1 Section 2. Article XVIII, Section 18.28(0 of Ordinance No. 348, as adopted by reference pursuant to City Ordinance No. 90-04, is hereby amended to read as follows: "e. APPROVED PERIOD. The approval of a conditional use permit shall be valid for a period of two years from its effective date within which time the construction authorized must be substantially begun or the occupancy authorized be in use; otherwise, the approval shall be void and of no further effect. Notwithstanding the foregoing, the permittee may, prior to the expiration of the conditional use permit, apply for up to three (3), one (1) year extensions of time in which to use the plot plan. Each extension of time shall be granted in one (1) year increments only. An application for an extension of time shall be made to the Planning Director, on forms provided by the Planning Department and shall be filed with the Planning Department, accompanied by the appropriate filing fee. Within thirty (30) days following the filing of an application for an extension of time, the Planning Director may approve, conditionally approve or deny the application. An extension of time may be granted by the Planning Director only upon a determination that the property and use are consistent with the General Plan, Land Use Ordinance, and all other City Ordinances and regulations. If an extension is granted, the total time allowed for use of the approval shall not exceed a period of five (5) years, calculated from the effective date of the approval. The term "use" shall mean the beginning of a substantial construction of the use that is authorized, which construction must thereafter be pursued diligently to completion, or the actual occupancy of existing buildings or land under terms of the authorized use. The effective date of a conditional use permit shall be determined pursuant to Section 18.26 of this Ordinance." Section 3. Article XVIII, Section 18.29(e) of Ordinance No. 348, as adopted by reference pursuant to City Ordinance No. 90-04, is hereby amended to read as follows: "e. APPROVED PERIOD. The approval of a public use permit shall be valid for a period of two years from its effective date within which time the construction authorized must be substantially begun or the occupancy authorized be in use; otherwise, the approval shall be void and of no further effect. Notwithstanding the foregoing, the permittee may, prior to the expiration of the public use permit, apply for up to three (3), one (1) year extensions of time in which to use the plot plan. Each extension of time shall be granted in one (1) year increments only. Ords 94-14 An application for an extension of time shall be made to the Planning Director, on forms provided by the Planning Department and shall be filed with the Planning Department, accompanied by the appropriate filing fee. Within thirty (30) days following the filing of an application for an extension of time, the Planning Director may approve, conditionally approve or deny the application. An extension of time may be granted by the Planning Director only upon a determination that the property and use are consistent with the General Plan, Land Use Ordinance, and all other City Ordinances and regulations. If an extension is granted, the total time allowed for use of the approval shall not exceed a period of five (5) years, calculated from the effective date of the approval. The term "use" shall mean the beginning of a substantial construction of the use that is authorized, which construction must thereafter be pursued diligently to completion, or the actual occupancy of existing buildings or land under terms of the authorized use. The effective date of a public use permit shall be determined pursuant to Section 18.26 of this Ordinance." Section 4. Severability. If any provisions of this Ordinance or the application thereof to any period or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end, the provisions of this Ordinance are declared to be severable. Section 5. This Ordinance shall be in full force and effect thirty (30) days after its passage. The City Clerk shall certify to the adoption of this Ordinance. The City Clerk shall publish a summary of this Ordinance and a certified copy of the full text of this Ordinance shall be posted in the office of the City Clerk at least five days prior to the adoption of this Ordinance. Within 15 days from adoption of this Ordinance, the City Clerk shall publish a summary of this Ordinance, together with the names of the Councilmembers voting for and against the Ordinance, and post the same in the office of the City Clerk. Ronald Roberts, Mayor ATTEST: "' ~' Clerk j~. Greek, City'~---~"JL) [SEAL] Ords 94-14 3 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS CITY OF TEMECULA ) I, June S. Greek, City Clerk of the City of Temecula, California, do hereby certify that the foregoing Ordinance No. 94-14 was duly introduced and placed upon its first reading at a regular meeting of the City Council on the 10th day of May, 1994, and that thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council of the City of Temecula on the 24th day of May, 1994, by the following roll call vote: AYES: 4 COUNCILMEMBERS: Birdsall, Mufioz, Parks, Roberts NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: i COUNCILMEMBERS: Stone J~'~rr~k, City Clerk Ords 94-14 4