ORD-18-86 MODIFYS THE MORATORIUM OF CONSTRUCTION ON THE REAL PROPERTY SITUATED AT 3858 E CHAPMAN AVENUEORDINANCE NO. 18-
86 AN INTERIM ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF ORANGE ADOPTED AS1\
N URGENCY MEASURE AMENDING ORDINANCE
NO.13-86 TO MODIFY THE MORATORIUM
OF CON~STRUCTION ON THE REAL
PROPERTY SITUATED AT 3858 EAST
CHAPMAN AVENUE.WHEREAS, on April 8, 1986, the City
Council adopted Ordinance No. l3-B6 as an urgency
measure declaring a moratorium of any construction on that
certain real property situated at 3858 East
Chapman Avenue; and WHEREAS, the reasons justifying the
adoption of Ordinance No. 13-86 as an urgency measure are
set forth therein and said reasons are hereby incorporated
into this Ordinance as if set
forth in full; and WHEREAS, legal counsel, recently
retained by the owner at 3858 East Chapman Avenue, has
requested a continuance of the matter until June 10, 1986, in
order that said counsel may study the matter and
adequately represent the property owner
before the Council; and WHEREAS, Ordinance No. 13-
86 shall be without further force and effect on or
about May 23, 1986; and WHEREAS, in addition,
the City Council has determined that the moratorium
on all construction is unnecessarily restrictive on the use of
the subject property; the primary concern of the City Council
being the construction of a motel on the subject property
before the City Council and the Planning Commission have
an
opportunity to study such use.NOW, THEREFORE, THE CITY COUNCIL
OF THE CITY OF
ORANGE DOES
ORDAIN AS FOLLOWS:Section I:Section I of Ordinance No.
13-86 is
hereby
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 build-
ing permit to construct a motel or hotel 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 motel or hotel uses on said property
and to prepare appropriate legislation, if needed. Other
permitted uses of the subject property are not affected by
this moratorium. This moratorium which became effective
April 8, 1986, shall remain in full force and effect through
June 17, 1986.
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 City 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
a building permit for a motel or hotel on 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.20th day ofMay1986.
ADOPTED
this ATTEST:Marilyn
J. Jensen City Clerk of the City
of Orange
h~.CM-z
eputy Cit Clerk ORD 18-
STATE OF CALIFORNI1\ )
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 20th day of May , 19~, and
thereafter at a regular meeting of said City Council duly
held. on the 20th day of May , 1986 was duly
passed and adopted by the following vote, to wIt:
AYES:COUNCILMEN: BARRERA, MAYOR BEAM, PEREZ, BEYER
NOES:COUNCILMEN: NONE
ABSENT:COUNCILMEN: SMITH
Marilvn J. Jensen
City Clerk of the City of Orange
a~.....nO~~. ~~~d
Deputy City erk
3 -ORD 18-86