HomeMy WebLinkAboutORD-19-01 Prohibit Building of Secondary Units- Palmyra Ave & La Veta AveORDINANCE NO. 19-
01 AN URGENCY MEASURE OF THE CITY
COUNCIL OF THE CITY OF ORANGE ADOPTING
AN INTERIM ORDINANCE PROHIBITING
THE BUILDING OF SECONDARY UNITS IN THE
300 AND 400 BLOCKS OF SOUTH GRAND
STREET,BETWEEN PALMYRA AVENUE AND LA
VETA
AVENUE.WHEREAS, Section 65858(a) of the Califomia Government Code authorizes
the legislative body to adopt, as an urgency measure, an interim ordinance prohibiting
any uses which may be in conflict with a contemplated zoning proposal which the
City Council, planning commission or planning department is studying to protect the
public safety, health and welfare;
and WHEREAS, the 300 and 400 blocks of South Grand Street are currently zoned
R-2-6 and allow the construction of secondary
units; and WHEREAS, at its meeting on December 12, 2000, the City
Council requested that staff and the Planning Commission study and make recommendations on
whether the densities allowed under the R-2-6 zoning would impact the
natural harmony of the streetscape and the unique community quality of
the historic neighborhood; and WHEREAS, the Community Development Department
is currently studying the provisions contained in Title 17 of the Orange Municipal Code,
the Old Town Design Standards and environmental impacts relating to the densities allowed in
the 300 and 400 blocks of South Grand Street and expect to report back to
the City Council in
approximately two months; and WHEREAS, it is anticipated that all studies,
recommendations and actions related thereto shall be pursued as
expeditiously as practicable; and WHEREAS, the City Council received testimony from residents
of the area that the area being studied is losing its single-family character
and the historic streetscape is being diminished and that due to increased traffic :md
substantial parking in the streets,child
safety is being compromised; and WHEREAS, in order to prevent the frustration
of said studies and the implementation thereof, the public interest, health,
safety and welfare require the immediate enactment of this ordinance. The absence of
this ordinance would create a serious threat to the orderly and effective
implementation of any Code amendments,general plan amendments or specific plan amendments which may
be adopted by the City as a result of the studies, in that the density allowable for new
secondary units in the 300 and 400 blocks of South Grand Street may be in
contemplated updates and reVISIons to the Code, general plan or specific plans.
Moreover, permitting new secondary units to be constructed during said studies and
implementation would create impacts on the public health, safety and welfare that the City
Council, in adopting this ordinance, has found to be unacceptable; and
WHEREAS, the subject area is located in Old Towne Orange and is included in
the National Register of Historic Places, one of the largest such designations in the state;
and.
WHEREAS, several homes in and near the subject area are listed on the National
Register of Historic Places as having historical significance; and
WHEREAS, one of the most prominent features of the City is its historic Old
Towne and the listing of a significant portion of the downtown core of the City on the
National Register of Historic Places; and
WHEREAS, it is in the best interest of the City and its people to protect and
preserve the historic quality of residential areas in Old Towne through effective land use
plarming; and
WHEREAS, the new development of secondary units in the 300 and 400 blocks
of South Grand Street under current zoning laws is likely to have a deleterious effect on
the historic character of the neighborhood and negatively impact the natural harmony of
the streetscape; and
WHEREAS, based on the foregoing, the City Council finds and determines that
prior to the approval of additional development in the subject area, further immediate
study of the current zoning and development standards is necessary; and
WHEREAS, the City Council deems it imperative that, due to the potential
detrimental ramifications to the public safety, health and welfare as discussed above, all
new development of secondary units on parcels located in the 300 and 400 blocks of
South Grand Street allowable under current R-2-6 zoning laws shall be prohibited
for 45 days, unless and until this ordinance is terminated or
extended; and WHEREAS, the City Council determines, by a four-fifths vote, that this urgency ordinance is a matter of City-wide importance and
necessary for the immediate pres,ervation and protection of the public health safety or
welfare of the community.NOW THEREFORE, the City Council of the City of
Orange
hereby ordains
as follows:SECTION I:All new development of secondary units in the 300 and 400
blocks of South
Grand Street is prohibited.Old.
No. 19-01 2GAS
SECTION II:
The City's Community Development Department shall suspend formal processing
of all new development applications for secondary units during the period that this interim
urgency ordinance remains in full force and effect.
SECTION III:
Based on the facts recited above, the City Council finds that there is a current and
imme:diate threat to the public safety, health and welfare, and that the approval of
entitlements for uses permitted under current zoning laws is a threat to the public safety,
health and welfare. This interim ordinance is introduced, passed and adopted at one
meeting and shall become effective immediately in accordance with Section 65858 of the
Calitimria Government Code.
SECTION IV:
If any section, subdivision, paragraph, sentence, clause or phrase of this Ordinance
is for any reason held to be invalid or unconstitutional, such decision shall not affect the
validity of the remaining portions of this Ordinance. The City Council hereby declares
that ,[t would have passed this Ordinance, and each section, subdivision, paragraph,
sentence, clause and phrase thereof, irrespective of the fact that anyone (or more) section,
subdivision, paragraph, sentence, clause or phrase had been declared invalid or
unconstitutional.
SECTION V:
A summary of this ordinance shall be published once within fifteen (15) days after
this interim ordinance is passed, in a newspaper of general circulation, published and
circu]lated 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 interim ordinance along with the names of
those City Council members voting for and against the interim ordinance in accordance
with Government Code 36933. This interim ordinance shall be oLno further force and
effect 45 days from the date of its adoption unless it is subsequently extended in
accordance with the provisions of Section 65858(a) of the California Government Code.
ADOPTED this 13th day of November, 2001.
ffiljt- /
Murphy, Ma r City of Orange
Ord. No. 19-01 3
ATTEST:
14'M4 i:Wti -L4AT-
Cassandra J. Cathc , City Clerk, City of Orange
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF ORANGE )
I, CASSANDRA J. CATHCART, City Clerk of the City of Orange, California, do
hereby certify that the foregoing Urgency Ordinance adopted as an urgency measure was
introduced, duly passed and adopted at the regular meeting of the City Council held on the13thdayofNovember, 2001, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
COUNCILMEMBERS: Alvarez, Murphy, Coontz, Cavecche
COUNCILMEMBERS: None
COUNCILMEMBERS: Slater
COUNCILMEMBERS: None
tf~ 0;:c.A~
Cassandra J. Cathc , ity Clerk ofthe City of Orange
Ord.1\o. 19-01 4
GAS