HomeMy WebLinkAboutORD-70-80 INTERIM ORD ADOPTED AS URGENCY MEASURE TENTATIVE TRACT MAP 10825ORDINANCE NO.
70-80 AN
INTERIM ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF ORANGE ADOPTED N3 AN URGENCY
MEASURE EXEMPTING FROM THE PRO-VISIONS
OF SUBSECTION (e) OF SEcrION 17.
83.040 OF THE ORANGE MUNICIPAL CODE THAT
CERTAIN TRAcr DESIGNATED N3 TENTA-TIVE
TRAcr MAP 10825.TENTATIVE
TRAcr MAP 10825 INVESTMENT
CONCEPTS, INC.WHEREAS,
subsection (e) of Section 17.83.040 of the Orange
Municipal Code provides that "A tenant's rent shall not
be increased for two years from the time of the filing of
the Tentative Tract Map until relocation takes place or until
the sUbdivision is denied."; and WHEREAS,
this provision can result in hardship to some applicants
who experience delays in the final consideration by
the City Council of their application to convert rental apartments
to condominium ownership when such delays are caused
by circumstances beyond the applicant's control 1 and WHEREAS,
the applicant for conversion of Tentative Tract Map
10825 to condominium ownership has encountered delays due
to circumstances beyond the applicant's control, parti-cularly
inasmuch as one tenant raised the question as to whether
the Fair Political Practices Act (Government Code Sections
81000 through 91014) prohibited Mayor Pro Tern Don
Smith from voting on condominium conversion applications which
required the City to seek the written opinion of the Fair
political practices staff in Sacramento which written opinion
required approximately two (2) months to produce and distribute
to members of the City Council 1 and I
WHEREAS,
at the public hearing held before the City Council
on Tuesday, December 23, 1980, the City Council expressed
a desire to continue the decision on application for
condominium conversion to a date in early March of 1981,
thus further delaying the decision on the application in
order that the City Council could gather data to deter-mine
properly the conversion question; and WHEREAS,
the applicant objected to furthe~ delay in the decision
under the Condominium Conversion Ord~nance No. 48-80
inasmuch as the applicant would continue to experie~ce de~ay in
increasing the level of rents at a time when great ~nflat~on
was occurring in the economy; and
WHEREAS, the City council has determ~ned t1;at such a delay
will create unnecessary hardship to appl~cant ~nasmuch as past
and present delays appear to be caused by circwnstances heyond
the control of the applicant.
NOW, THEREFORE,
THE
CITY COUNCIL HEREBY ORDAINS AS FOLLOWS:SECrrON I:Subsection (
e) of,
Secti?n 17.83.040 of the Orange Municipal Code shall be
deemed ~napp17cable as to applicant, Investment concepts, Inc: as
to Tentatlve Tract Map 10825 as to any rental i~crease appllcable
to any P7riod after December 23, 1980, pro-vlded, however, that
subsect~on (e) of Section 17.83.040 of the Orange Municipal Code
shall again apply to the herein named applicant at such
time after December 23, 1980 as action is taken by the City
Council, approving Tentative Tract Map 10825 or after December 23,. 1980,
lf or when any conduct of applicant or his representat~ves causes
any delay in Council action on said Tentative Tract Map
or the Council finds and determines that any circumstances causing
delay in acting on said Tract are within the control
of applicant or his representatives.SEcrION II:The
facts constituting
the urgency justifying the enactment of this ordinance
are as follows:AS of December
23, 1980, the applicant had already experi-enced several delays
in the determination of the condominium conversion application represented
by Tentative Tract Map 10825 due to circumstances
beyond applicant's control as such circum-stances have been
hereinbefore described. To amend subsection e) of section
17.83.040 of the Orange Municipal Code by means of a regularly
adopted ordinance in order to make such sub-section inapplicable to
applicant, Investment Concepts, Inc.and Tentative Tract
Map 10825 would require a delay of approxi-mately an additional
6 or 7 weeks before such a regularly adopted ordinance exempting said
applicant could even become effective inasmuch as a
regularly adopted ordinance cannot become effective legally until 30
days from the date of the second reading thereof and such additional
delay would cause great hardship to an applicant who has
already been subjected to delays caused by circumstances beyond applicant'
s control.ADOPTED this 23rd
day of December, 1980.ATTEST:4 ~4H~~
CIT
CLERK F
THW'CITY/'OF ORANGE 2-
III....-t1fi!!
h 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, hele!on
the 23rd day of December, 1980, by the following vote, to wi t :AYES:
COUNCILMEN:NOES:
COUNCILMEN:ABSENT:
COUNCILMEN:BARRERA,
SMITH, MAYOR BEAM, PEREZ, BEYER.NONE
NONE
Witness
my hand and seal this 9th day of January. 1981.9-
PVl'?"1
Marilyn J. Jensen,
City Clerk of the City of Orange