HomeMy WebLinkAboutORD FOR ADOPTION 06-03-85 (2)~~~GTEE N ~ NO. 2
TO:
HONORABLE MAYOR MID CITY COUNCIL
FROM:
COIIIUNITY DEVELOPHENT DEPARt'gENT
SUBJECT:
INTERIN URGENCY ORDINANCE PROHIBITING FIRST STREET DEVELOPt~NT
BACKGROUND:
The Ct ty Council has expressed concern for the character of development on First
Street, westerly of Newport Avenue. This concern is caused by the mixed
character of development which includes office buildings, retail
sales, services, and residential uses.
Mr. Harry Gates proposed an office project at 450 West First Street. The City
Council approved said project and further directed that a consultant firm be
hired to develop a Specific Plan for First Street from Newport Avenue to the
SR-55 freeway.
Mr. Howard Jones, project applicant on the adjoining parcel
Street, has indicated his desire to proceed with submittal
application for the development of his property.
DISCUSSZON:
at 430-440 First
of a Use Permit
Section 65858 of the State Planning and Zoning Law authorizes the City Council
by a four-fifths vote to adopt an interim ordinance prohibiting any uses which
may be in conflict with a contemplated specific plan under consideration. The
interim ordinance is valid for 45 days and may be extended for 10 months and [5
days, following a public hearing.
Council directed staff to prepare an urgency ordinance for the purpose of
prohibiting development on First Street until preparation and adoption of a
Specific Plan. This would, in effect, delay further consideration of the
properties at 420-450 First Street until adoption of a Specific Plan.
RECOI~ENDED ACTION:
If it is the City Council's desire to preclude development on First Street until
a Specific Plan has been prepared and adopted, it will be necessary to adopt
~ce No. 933 as an urgency ordinance by a four-fifths vote.
DONALD D. LAMM, ~
Director of Community Development
DDL:do
Attach:
Ordinance 933
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ORDINANCE NO. 933
AN URGENCY ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF TUSTIN, CALIFORNIA, DE-
CLARING A MORATORIUM ON DEVELOPMENT OF
PROPERTIES ON FIRST STREET WESTERLY OF
NEWPORT AVENUE
The City Council of the City of Tustin, California, does
ordain as follows:
I. The City Council finds and determines as follows:
A®
The City Council has directed that the Planning
Commission prepare a specific plan for the
development of properties on First Street, westerly
of Newport Avenue.
Be
Existing lots and parcels are of substandard width
and depth which p~eclude quality development compat-
ible with a major arterial.
Ce
Mixed land uses of residential, commercial, and
office development and the absence of precise land
use designations are injurious to the public health,
safety and welfare.
De
Pursuant to Council direction the Planning Department
and Planning Commission are conducting and will con-
tinue to conduct a study of the need for an ordinance
further regulating or prohibiting certain development
and uses in the area described hereinabove.
II. A.
Be
The City Council hereby declares a moratorium on
issuance of permits or approvals of any kind for
development projects in the hereinabove described
area property first obtaining a use permit therefor
pending completion of the study and report of the
Planning Commission and action thereon by the City
Council. The moratorium declared hereby shall extend
for a period of four (4) months from the date of
adoption of this ordinance, unless duly extended or
terminated.
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 construction of pro-
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jects on the subject property prior to completion of
the study would have an adverse effect on other
development and uses and upon the planning of the
City of Tustin.
PASSED AND ADOPTED at a regular meeting of the City Council of
the City of Tustin held on the day of , 1985.
ATTEST:
FRANK H. GREINKE, Mayor
MARY WYNN, City Clerk
JGR:lw:D: 5/30/85 (27)
JGR:se :R: 6/3/85
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2O
ORDINANCE NO. 933
The City Council
follows:
The City.
A.
The City
prepare a
First Street,
AN ORDINANCE OF THE CITY COUNCIL
CITY OF TUSTIN, CALIFORNIA, REQUIRING
)LIANCE WITH PROPOSALS OF A SPECIFIC PLA~/
fOR THE DEVELOPMENT OF FIRST STREET PROPE~IES
the City of Tustin, California, do hereby order
//~/~ her
finds and determines as loll
~cil has directed
fic plan for the
.terly of New
as
the Planning Commission
)ment of properties on
hue.
Be
Existing lots and
depth that p
arterial.
~rcels wet(
uality
of substandard width and
compatible with a major
Mixed land uses of
development and the abs
injurious to the publ
, commercial, and office
of precise land use designations are
th, safety and welfare.
II. The City Council finds a~(~ determines pursuant to Section
65858 of the Californi n~ing and~oning Law .as follows:
/
A. The Planning ~(~m ssion shall not~xapprove any new development
within the a~ea bounded by a projec~t~ed line 300' northerly and
southerly Ff the public right-of-way, of First Street between
Newport Avenue and the westerly boundaf~y~ of the City of Tustin
until a?Specific Land Use Plan has been~proved by Council.
III. The City C~ncil finds and determines that the immaculate adoption of
the ordi~nce as an urgency measure is necessary~Ko protect and
preserve/the public health, safety and welfare and orda~Kq~_that this
measur shall be effective immediately upon its adoption. ~
~Fshal
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Tustin held on the day of , 1985.
FRANK H. GRIENKE
ATTEST: Mayor
MARY WYNN
City Clerk