ORD-13-86 URGENCY MEASURE DECLARING A MORATORIUM OF ANY CONSTRUCTION ON REAL PROPERTY SITUATED 3858 EAST CHAPMANORDINANCE NO. 13-
86 AN INTERIM ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF ORANGE ADOPTED AS
AN URGENCY MEASURE DECLARING A
MORATORIUM OF ANY CONSTRUCTION ON THAT CERTAIN
REAL PROPERTY SITUATED AT 3858 EAST
CHAPMAN
AVENUE.WHEREAS, a developer is considering the construction
of a 22-unit motel on certain real property situated
at 3858 East Chapman
Avenue; and WHEREAS, the subject property is within the
C-l District and a motel is a permitted use in the
c-l District; and WHEREAS, many citizens
have expressed serious concerns about the height of the proposed
building, the lack of setbacks, the possible impact
upon the single-family neighbor-hood to the south, problems
of traffic and circulation, and the compatibility of a motel
use with
the existing surrounding uses; and WHEREAS, the public
safety, health and welfare require that the City
Council, Planning Commission have adequate time
to study this matter; and WHEREAS,
California Government Code Section 65858 provides for the adoption of
an interim ordinance as an urgency
measure for such situations; and WHEREAS, if an interim
ordinance is not adopted at once, the developer may
proceed with construction of the motel which may be inconsistent
with the orderly growth
and development of the City.NOW, THEREFORE, the City Council
fo the City of
Orange does
ordain as follows:Section I:In accordance with
Section 65858 of the California Government Code, the City Council
of the City of Orange hereby declares a moratorium against
the issue
of
any buildingll-
J
permit for construction on that certain real property situated
at 3858 East Chapman Avenue to allow the City Council, the
Planning Commission and City staff to study and consider the
development of said property and to prepare appropriate
legislation. This moratorium shall become effective at once
and shall remain in effect for the period of time permitted
by law, unless sooner amended or repealed by further action
of the City Council.
Section II:
The facts constituting the enactment of this Ordinance
as an urgency measure are as follows:
A developer is considering the construction of a motel
at 3858 East Chapman Avenue. The subject property is in the
C-l District; motels are a permitted use in the C-
l District.The design of the proposed motel and the motel use
itself on that site raise serious issues which the
City Council,Planning Commission and staff will require adequate
time to study. An interim ordinance is necessary to give
the City an opportunity to review the matter and to
prepare appropriate legislation. Failure to adopt an emergency
measure declaring a moratorium against the issue of any building
permits for the subject property may be adverse to the safety,
health and welfare of the citizens of Orange in that
the developer may proceed with construction and a use
inconsistent with the orderly growth and development of the City.
This Ordinance is adopted under the provisions set forth in
Section 65858 of the California
Government Code.ADOPTED this 8th day of
April 1986.Clty
of
Orange ATTEST:Cl-
ty of Orange ORD 13-
86
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 introduced at the regular meeting of the City Council
held on the 11th day of A\>ri 1 , 19.8.6' and
thereafter at a regular meetlng of said City Council duly
held on the 8th day of Aprf! ' 19.?& was duly
passed and adopted by the follow~ng vote, to w~t:
AYES:COUNCILMEN: SMITH, BARRERA, MAYOR BEAM, PEREZ, BEYER
NOES:COUNCILMEN: NONE
ABSENT:COUNCILMEN: NONE
1Jw~fv e () W<7ffP~Clty C er (3 t~ C Y 0 Orange
3 -ORD 13-86