ORD-19-86 IMPOSING A MORETORIUM ON THE CONSTRUCTION OF A MOTEL OR HOTEL USE ON REAL PROPERTY SITUATED AT 3858 EAST CHAPMAN AVENUEORDINANCE NO. 19-
86 AN INTERIM ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF ORANGE ADOPTED AS AN
UR-GENCY MEASURE EXTENDING THE
EFFECTIVE DATE OF ORDINANCE NO. 18-86
IMPOSING A MORATORIUM ON THE CONSTRUCTION
OF A MOTEL OR HOTEL USE ON
REAL PROPERTY SITUATED AT 3858 EAST CHAPMAN
AVENUE IN THE CITY
OF ORANGE.WHEREAS, the City Council has
heretofore adopted Ordinance No. 13-86 as an urgency measure on
April
8, 1986;and WHEREAS, after due public hearings as
required by law,the City Council has heretofore adopted
Ordinance No. 18-86 extending and revising Ordinance No.
13-86 by Which motel and hotel uses are prohibited
on that certain real property situated at 3858 East Chapman Avenue
in
the City of Orange;and WHEREAS, this Ordinance
No. 18-86 adopted and becoming immediately effective as
of May 20, 1986, extended the moratorium restricting the
described motel and hotel use on subject
property until June 17, 1986; and WHEREAS, at the
request of property owner of subject property, the City
Council offered him an opportunity to address that
body on June 10, 1986; and WHEREAS, on June
10, 1986, the property owner appeared,through his legal
counsel, and requested withdrawal of his application to construct
a motel on subject premises; and WHEREAS, applicant'
s attorney signed a document acknowl-edging the desire of
his client, the
applicant, to withdraw the application; and WHEREAS, applicant's
attorney in a statement to the City Council at the
meeting of June 10, 1986, represented that applicant might
be
interested in selling subject property;and WHEREAS, the City
Council has concluded that any trans-fer of any interest
of any subject property should receive subject property subject
to the restriction of this interim ordinance for the period allowed
by law or at least until such earlier date
that a permanent ordinance governing the establishment of hotels
and motels in commercial zones
WHEREAS, the City Council has determined that the
effective date of Ordinance No. 18-86 should be
continued beyond the expiration date of June 17, 1986, for the
maximum period allowed by law;
and WHEREAS, the City Council further determines,
however,that the effect of Ordinance No. 18-86 should
terminate at an earlier date than the maximum period allowed by
law in the event that the Planning Commission and
City Council conduct appropriate hearings and the City Council
enacts a permanent ordinance regulating motel and hotel
use in commercial zones which earlier date may occur prior
to the expiration date in accordance with law of Ordinance
No. 18-
86; and WHEREAS, the reasons justifying the adoption
of Ordi-nance Nos. 13-86 and 18-86 as urgency
measures are set forth therein and said reasons are
hereby incorporated into this Ordinance as though
fully set forth herein.NOW, THEREFORE, THE CITY COUNCIL OF
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 issuance of any building permit to construct a motel or
hotel on that cer-tain 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 in commercial zones 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 beyond June 17, 1986,
and shall continue through a date of on or about February 23,
1987, unless prior to that date the City Council
adopts a permanent ordinance applicable to subject property and
other commercial zones in which event this moratorium on motel
and hotel uses shall expire on the effective date of
such
any permanent
ordi-nance.Section II:The facts constituting the
enactment of this Ordinance as an urgency
measure are as follows:Ord. No.
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 consider enactment of appropriate legislation. Failure to
adopt an emergency measure declaring a moratorium against the
issuance 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.ADOPTED this 17th
June 1986.yor of the City
of Orange hAH #...-
J
0 ~
dty'A~Of thVCi~
f Orange STATE
OF CALIFORNIA COUNTY
OF ORANGE CITY
OF
ORANGE ATTEST:I, MARILYN J. JENSEN, City Clerk of the City
of Orange,California, DO HEREBY CERTIFY that the
foregoing Ordinance No. 19-86 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, Cali-fornia held on the 17th day of June ,
1986, by the following
vote to wit:AYES:COUNCILMEN: SMITH, BARRERA, MAYOR
BEAM, PEREZ,BEYER
NOES:COUNCILMEN: NONE
ABSENT:COUNCILMEN: NONE
ABSTAINED:COUNCILMEN:
NONE Ci~hai~3 -Ord. No.
19-
86