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~TE: AP"]L ZO, ~987 ~~~ /
FROM:
SUBJECT:
WILLIAH A HUSTON, CITY I~IiAGER
COIqlqUNITY DEVELOPNENT DEPARTNEIIT
PROPOSED IqORATORIUIq - OLD TOBN RESIDENTIAL AREA
RECOI~IENDATZON:
M.O. That Urgency Ordinance No. 984 have first reading by title only.
M.O. That Urgency Ordinance No. 984 be introduced.
M.0. That Urgency Ordinance No. 984 have second reading by title only.
M.0. That Urgency Ordinance No. 984 be passed and adopted.
BACKGROUND AND ANALYSIS:
The Community Development Department recently began a process of analyzing the
residential area of 01d-Town for possible zoning changes (maps have been
prepared and boundaries for a study area are currently being reviewed by
staff). Staff is also anticipating a participatory process that would involve
residents of the area and City staff in the following:
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Identification of issues and problems in the area.
Evaluation of alternative approaches and solutions.
Selection of a preferred approach.
Adoption of any necessary Zoning Code Amendments.
In an attempt to initiate communication with the residents in the residential
area of 01d Town, staff met with selected members of the Old Town Homeowner's
Association on April 8th. It was mutually agreed that a workshop session for
residents In the area would be planned for May sometime.
Although the group responded enthusiastically to the proposed planning process,
the integrity of this process and any recommendations could be jeopardized if
individual development proposals within the residential area are processed
before new zoning provisions are negotiated and adopted.
The Community Development Department has received a preliminary resubmittal on
the Ainslie property (the property .has been sold to a new party). The proposal
would resubdt vi de the existing three lots to create 6 new lots permitting
development of 6 units. While all current zoning standards can be met, there
could still be significant controversy about the impact of such a project on the
character of the area. As 'initially presented, the six lots would be served by
a private street similar to the original Ainslie proposal. Since there are
other lots in the vicinity which are also 300' deep, staff questions whether it
is in the best interest of the orderly development of this area to encourage
such private streets at the expense of existing character of these
neighborhoods.
City Counctl Report
· April 20, 1987
Old Town Moritorium
Page two
Rather than creating significant controversy in the area before completion of
the proposed planning e. ffort, staff would recommend that the Council adopt-an
interim urgency ordinance that would impose a moratorium on the processing,
approval or issuance of permits for any subdivision'of land, zone change or
change in land use occupancy (from residential to any other use) within the
residential area of Old Town until completion of the planning effort. In the
interim, this approach would still permit the current property owner to build 2
units on each lot under a Conditional Use Permit process.
The matter is extremely urgent since the new owner is expected to make a formal
submittal within 20 to 30 days.
Christine Shtngleton ~
Director of Community Development
CAS: pef
Attachments' Urgency Ordinance No. 984
Community Development Department
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ORDINANCE NO. 984
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF TUSTIN, CALIFORNIA, DECLARING A MORITORIUM ON THE
PROCESSING, APPROVAL OR ISSUANCE OF PERMITS FOR
SUBDIVISIONS, CHANGES IN LAND USE OCCUPANCY AND ZONE
CHANGES ON PROPERTIES IN THE RESIDENTIAL AREA OF OLD
TOWN TUSTIN
The City Council of the City of Tustin, California, does ordain as follows:
I. The City Counci I finds and determines as fol lows:
A. The Community Development Department is currently conducting a
study to .determine the feasibility of establishing architectural
guidelines, zoning requirements and regulations to maintain the
existing single family character and .to preserve historic
resources located in the residential area of "Old Town" as shown
on Exhibit A attached hereto.
B. Many existing properties and structures within the "Old Town"
residential area are of substantial historical character and
absence of proper zoning and architectural historic preservation
guidelines is injurious to the public health, safety and
welfare.
C. The Community Development Department has received a preliminary
subdivision proposal which could significantly impact the
character of the "Old Town" residential area.
D. The integrity of .the planning process and any resulting
recommendation for the residential area of "Old Town" could be
significantly jeopardized if individual development proposals
within the residential area are processed before new zoning
provisions are negotiated and adopted.
II. The City Council hereby declares a moritorium on the processing,
approval or issuance of permits for any subdivision of land, zone
change or change in land use occupancy {from residential use to any
other use) on properties located within the residential area of "Old.
Town" as shown on Exhibit A attached hereto pending completion of the
study and report of the Community Development Department and Planning
Commission and action thereon by the City Council. The moritorium
shall extend for a period of 45 days from the date of adoption of
this ordinance, unless duly extended or terminated.
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Ordinance No. 984
Page two
III. This ordinance is adopted to protect the public health,, safety and
welfare and is adopted as an urgency measure by a four-fifth (4/5)
vote pursuant to the provisions of Section 65858 of the California
Government Code and shall take effect immediately. The urgency is
based on the fact that the City Council hereby finds that the
processing or approval of certain projects on the subject property
prior to completion of the study would have an adverse effect on the
character'of the "Old Town" residential area and existing development
and uses within the area and upon the proper planning of the City of
Tusti n.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Tustin held on the 20th day of April, 1987.
Richard B. Edgar, Mayor
Mary E. Wynn, City
ORDI~AIICE NO. ~84
EXHIBIT "A"
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