HomeMy WebLinkAboutORD-34-80 URGENCY MEASURE REQUIRING APPROVAL OF A CONDITIONAL USE PERMIT TO CONSTRUCT ANY BUILDING OF MORE THAN TWO STORIES OR 30 FEET IN ALL CASES IN WHICH ANY PORTION OF THE BUILDING SITE LOT IS WITHIN 660 FEET OFoaANGE CITY NEWS: please publish WEDNESDAY, May 21, 1980 only and BOnd PROOF
nd PROOF OF PUBLICATION to City Clerk, P.O. Box 449, Orange, Callfornia 92666.
MARILYN J. JENSEN , CITY CLERK
ORDINANCE
NO. 34-80
AN INTERIM ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF ORANGE ADOPTED AS AN URGENCY
MEASURE REQUIRING APPROVAL OF A CONDITIONAL
USE PERMIT TO CONSTRUCT ANY BUILDING OF MORE
THAN TWO STORIES OR 30 FEET, WHICHEVER
HEIGHT IS LESS, IN THE C-P, C-l,
C-2 & C-3 DISTRICTS, IN ALL CASES
IN WHICH ANY PORTION OF THE BUILDING SITE LOT
IS WITHIN 660 FEET OF ANY
SINGLE FAMILY RESIDENTIAL DISTRICT.WHEREAS, California
Government Code Section 65858 provides that a legislative body
to protect the public safety, health and welfare may adopt
as an urgency measure an interim ordinance, to prohibit any uses
which may be in conflict with a contemplated
zoning proposal which the legislative body, Planning
Commission or the planning Department is considering or studying
or intends to study within
a reasonable time; and WHEREAS, an urgency measure
adopted in accordance with Govermnent Code Section 65858 may
be effective for one hundred
twenty (120) days; and WHEREAS, the City Staff
and Planning Commission is presently conducting a
comprehensive study of development standards in
all Commercial Districts; and WHEREAS, at the meeting of April
15, 1980, the City Council directed the City Staff to study
and report on the matter of height limitations of
buildings in these districts,especially those parcels adjacent
to or
near residential areas; and WHEREAS, the City
Council, Planning Commission and Staff need sufficient time to prepare
and review the
proposed development standards; and WHEREAS, there presently exists a
plan to cdnstruct a multiple story building on
Katella Avenue
near Cambridge Street; and WHEREAS, said proposed use
may be permanently detrimental
to nearby
residential properties.SECTION I:The City Council
hereby ordains the following:Unless a conditional use permit
has been approved, no building shall be constructed in a C-
P, C-l, C-2 or C-3
District which shall exceed two stories or thirty feet, whichever
is less, if said building is to be constructed
within 660 feet of the nearestboundary of any
District zoned for ~ingl~ F1ll!'ily. Residential use whether said single
farn~ly d~str~ct ~s developed or
not. The distance shall be measured between th~ .closest point on
the property line where the bu~ld~ng is to be constructed
to the property line of,the ne~rest.portion of the property
zoned
SECTION II:
The facts constituting the urgency justifying the
enactment of this ordinance are as follows:
he City Council is not fUlly aware of the possible
adverse effects which multiple story buildings may have
on near by residences. Of particular concern are those
possibly detrimental conditions of increased traffic
and the invasions of light and privacy. The City
Council must be assured that adequate development
standards are implemented and enforced for said structures
to mitigate such problems for the persons residing
nearby. The City staff and the Planning Commission are
presently conducting a comprehensive study of such
development standards, including those relating to
height limitations for buildings near residential
areas. The City Council desires sufficient time to
review said comprehensive study and to adopt such
legislation as may be required to protect the public
safety, health and welfare.
SECTION III:
THEREFORE, pursuant to the prov~slons of Section
65858 of the California Government Code and in order to
protect the public safety, health and welfare, the City
Council hereby adopts this interim ordinance as an
urgency measure which shall become effective immediately
and the conditional use permit procedure stated herein
shall be required for any application now being processed
which has not yet been approved and for which a building
permit has not yet been issued.
ADOPTED this 13th day of May 19~O.
ayor of the C~ty of Orang
ATTEST:
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF ORANGE )
I, MARILYN J. JENSEN, City Clerk of the City of Orange, California,
DO HEREBY CERTIFY that the foregoing ordinance was regularly introduced,
reading in full was waived, was read by Title, was passed and adopted at
a regular meeting of the City council, City of Orange, California, held
on the 13th day of May, 1980, by the following vote to wit:
AYES:
NOES:
ABSENT:
COUNCIUlEN:
COUNCIUlEN:
COUNCILMEN:
BARRERA, SMITH, MAYOR BEAM, PEREZ, BEYER.
NONE.
NONE.
WITNESS my hand and seal this 14th day of May, 1980.
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LU//' I ..<ji _,.II' " ,Marilyn
J. Jensen City
Clerk of the City of Orang,e