HomeMy WebLinkAboutORD-23-01 Prohibition Extened- Building of Seconday Units Between Palmyra & La Veta AveORDINANCE NO. 23-
01 AN URGENCY MEASURE OF THE CITY
COUNCIL OF THE CITY OF ORANGE EXTENDING
THE INTERIM ORDINANCE PROHIBITING
THE BUILDING OF SECONDARY UNITS IN THE
300 AND 400 BLOCKS OF SOUTH GRAND
STREET,BETWEEN PALMYRA AV}:NUE AND LA
VETA
AVENUE.WHEREAS~ Section 65858(a) of the California 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, 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 subj ect 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, 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, 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 planning; 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 inTitle 17 of the Orang€:: Municipal
Code, the Old Town Design St;mdards and environmental impacts relating to the densities allowed
blocks of South Grand Street and expect to report back to the City Council in approximately
four months; and
WHEREAS, it is anticipated that all studies, recommendations and actions related
thereto shall be pursued as expeditiously as practicable; and
WHEREAS, at its meeting on November 13, 2001, the City Council adopted
Ordinance No. 19-01 as an urgency ordinance which by its own terms expires 45 days from
the date of its adoption, unless otherwise extended;
and WHEREAS, the City Council received testimony from residents of the area that
the area being studied is losing its single-family character arld the historic streetscape
is being diminished and that due to increased traffic and substantial parking in the streets, child
safety is being
compromised; 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 necessary to extend the urgency
ordinance 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 conflict with or frustrate the 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 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 until April
23, 2002, unless and until this ordinance is terminated or extended further by action of
the City Council; 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 preservation and proteetion of the public health
safety or welfare of the community.NOW THEREFORE, the City Council of the
City
of Orange hereby ordains as
follows:Drd. No. 23-012GAS
SECTION I:
All new development of secondary units in the 300 and 400 blocks of South Grand
Street is prohibited from the effective date of this ordinance through April 23, 2002.
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
immediate 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
ef~ective immediately in accordance with Section 65858 of the California 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 it 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.
SE,CTIONV:
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 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 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 of no further force and effect after April 23, 2002
unless it is subsequently extended in accordance with the provisions of Section 65858(a) of the
California Government Code.
Ord.. No. 23-01 3
ADOPTED this 18th day of December, 2001.
f:u~y,
ATTEST:
f14Uc<#Jr:tr::ff~M?< --f-
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 the 18th
day of December, 2001, by the following vote, to wit:
AYES: COUNCILMEMBERS: Alvarez, Murphy, Coontz, Cavecche
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Slater
ABSTAIN: COUNCILMEMBERS: None
C.4W<#N-&f1;t-4:.~"t:
4r Cassandra J. Cat , CIty Clerk, CIty of
Orange Ord. No. 23-01