ORD-04-90 URGENCY MEASURE WHICH PROHIBITS CONSTRUCTION OF BUILDINGS OVER TWO STORIES OR 30 FEET IN HEIGHT WITHOUT A CONDITIONAL USE PERMITORDINANCE NO. 4-
90 AN INTERIM ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF ORANGE
ADOPTED AS AN URGENCY MEASURE EXTENDING FOR
A PERIOD OF 10 MONTHS AND 15 DAYS,
A PRIOR INTERIM ORDINANCE, NO.
3-90,WHICH PROHIBITS
CONSTRUCTION OF BUILDINGS OVER TWO STORIES OR
30 FEET IN HEIGHT WITHOUT A
CONDITIONAL
USE PERMIT.WHEREAS, the City Council of the City of
Orange has commissioned a study to develop appropriate criteria
for the development of high-rise buildings in
the City; and WHEREAS, said study is not yet completed
and its recommenda-tions are not yet acted upon by the Planning
commission and the
City Council; and WHEREAS, the issue of appropriate building heights
is a cause of deep concern to the City Council and the residents
of
the city;and WHEREAS, the City Council finds that unless
a restriction is placed on building heights during the pendency
of the above-referenced study, current and expected applications
to develop and and construct buildings over two stories or 30 feet
in height, may result in construction of buildings which
create adverse environ-mental impacts that cannot be properly mitigated
by compliance with current standards, may destroy or hinder the
orderly growth and development of the City, may eliminate access to
solar light, and may further worsen traffic congestion, air
pollution and other urban problems related to public safety
and welfare; and WHEREAS, the city Council has adopted,
pursuant to Government Code Section 65858, an interim ordinance, Ordinance
No. 3-90, to respond to
such a situation; and WHEREAS, the City Council does
hereby find that there continues to be a current and immediate
threat to the public health, safety and welfare and that
the approval of additional variances, building permits or any
other applicable entitlement to construct buildings in excess of two stories or
30 feet in height without consideration of the impacts
referred to herein would result in a threat to public health,
safety and welfare; and WHEREAS, the City Council
finds that circumstances remain substantially unaltered since the adoption
of Ordinance 3-90, and therefore as provided in
Government Code Section 65858, an extension of Ordinance No. 3-90 for a
period of 10
months and 15 days is warranted.NOW, THEREFORE BE IT RESOLVED
that the City Council of the City of
Orange
section I:
No building or structure in excess of two stories or 30 feet,
in building height, whichever is less, shall be permitted in any
district in the city. However, in districts in which a building
exceeding such height restrictions would be permitted, or permitted
with a Conditional Use Permit, if not for the effect of this
section, such a building exceeding such height may be permitted
after first obtaining a Conditional Use Permit in accordance with
Chapter 17.92 of the Orange Municipal Code, which may prescribe the
conditions under which such a building may be permitted.
section II:
All projects which have been properly submitted for city
review under either Chapter 17.71, 17.92, 17.94 or 17.96 of the
Orange Municipal Code prior to 2/13/90 may proceed to project
approval without the further review for a Conditional Use Permit
as required by this ordinance.
section III:
This ordinance shall be deemed to extend Ordinance No. 3-
90 and therefore pursuant to Government Code section 65858, shall
be effective immediately upon the expiration of the 45 day
initial effective period of Ordinance No. 3-90 and shall be of
no further force and effect 10 months and 15 days from the date
of taking effect unless extended by the City Council pursuant to
said
section 65858.
section IV:A summary of this Ordinance shall be published and
a certified copy of the full text of this Ordinance shall be posted
in the Office of the City Clerk at least five (5) days prior to
the city council meeting at which this Ordinance is to be
adopted. A summary of this Ordinance shall also be published
once within fifteen (15) days after this Ordinance's passage in the
Orange City News, a newspaper of general circulation, published,
and circulated in the City of Orange. The City Clerk shall post in the
Office of the City Clerk a certified copy of the full text of
such adopted Ordinance along with the names of those city Council
members voting for and against the Ordinance in accordance with
Government Code
section 36933.Adopted this 13th day of
March, 1990.Mayor of the City
of
OrangeATTEST:h{l<
A~~ ~i41 City Cler 0 e (Jity
of orange Ord. No.
4-
STATE OF CALIFORNIA)
COUNTY OF ORANGE )
CITY OF ORANGE )
I, MARILYN J. JENSEN, City Clerk of the City of Orange,
California, do hereby certify that the foregoing Interim Ordinance
adopted as an urgency measure was introduced, duly passed and
adopted at the regular meeting of the city Council held on the 13th
day of March, 1990, by the following vote, to wit:
AYES:COUNCIL MEMBERS: STEINER, BARRERA, MAYOR SMITH, COONTZ
NOES:COUNCIL MEMBERS: NONE
ABSENT:COUNCIL MEMBERS: BEYER
ABSTAIN:COUNCIL MEMBERS: NONE
J1A/J~1rfr:' P#:~Cl.ty Cler of y 0 Orange
dg 3-ORD. NO. 4-