HomeMy WebLinkAboutORD FOR ADOPTION 12-07-81 (2)ORDINANCES FOR ADOPTION
No. 2 (7:30 P.M.)
12-7-81
AGENDA ITEM:
ORDINANCE NO. 859
An Ordinance of the City of Tustin, California, ADOPTED AS AN URGENCY
MEASURE PROHIBITING STRUCTURES IN THE R-3, MULTIPLE FAMILY RESIDEN-
TIAL, DISTRICT IN EXCESS OF PRESCRIBED HEIGHTS WITHIN CERTAIN DIS-
TANCES OF PROPERTY ZONES R-A, E-4, AND R-1.
BACKGROUND:
Ordinance No. 859 was continued on October 5, October 21, November 2,
and November 16, 1981.
RECOMMENDATION:
Pleasure of the Council.
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ORDINANCE NO. 859
AN ORDINANCE OF THE CITY OF TUSTIN, CALIFORNIA,
ADOPTED AS AN URGENCY MEASURE PROHIBITING
STRUCTURES IN THE R-3, MULTIPLE FAMILY RESIDENTIAL,
DISTRICT IN EXCESS OF PRESCRIBED HEIGHTS WITHIN
CERTAIN DISTANCES OF PROPERTY ZONES R-A, E-4, AND R-1.
The City Council of the City of Tustin, California,
does hereby ordain as follows:
1. The City Council finds and determines:
(a) That in order to protect the public safety,
health and welfare it is necessary to adopt as an urgency
measure an interim ordinance prohibiting structures in the
R-3, Multiple Family Residential, District, in excess of the
height limitations hereinafter prescribed.
(b) That the construction, maintenance and use
of 'any structure in excess of the heiqht limitations herein-
after prescribed would be in conflict with a contemplated
zoning proposal which the City Council is considering and
studying and intends to further study within a reasonable
time, to-wit within the next four months.
(c) That it is necessary to protect the public
safety, health and welfare by the adoption as an urgency
measure this interim ordinance prohibiting the construction,
maintenance and use of any structure in excess of the height
limitations hereinafter prescribed.
2. The following height limitations are hereby adopted
for the R-3, Multiple Family Residential, District, and Section
9226a2(a) of the Tustin City Code is hereby amended to read,
as follows:
(a) Maximum Height: Forty (40) feet, subject to the
further height limitations set forth below.
'b) When a lot in the R-3 District abuts at any
point along its property lines, or is directly across a
street or alley from, property zoned R-A, E-4, or R-1
and developed for said uses with only single story
buildings, no main building shall be erected on said R-3
lot to a height to exceed one (1) story, and/or twenty
(20) feet, whichever is the more restrictive, within one
hundred fifty (150) feet of said R-A, E-4 or R-1 zoned
property. Further, no main building shall be erected on
said R-3 lot to a height to exceed three stories, and/or
forty (40) feet, whichever is the more restrictive,
within three hundred (300) feet of said R-A, E-4 or R-1
zoned property, which has been developed for said uses
with single and/or two-story buildings, unless the Planning
Agency shall grant a conditional use permit therefor.
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(c) When a lot in the R-3 District abuts at any
point along its property lines or is directly across a
street or alley from property zoned R-A, E-4, or R-1
which has not been developed for said uses, no main
building shall be erected on said R-3 lot to a height to
exceed one (1) story, or twenty (20) feet, whichever is
the more restrictive, within one hundred fifty (150)
feet of said R-A, E-4 or R-1 property, unless the Plan-
ning Agency shall grant a conditional use permit therefor.
5. This ordinance is an interim ordinance adopted as
an urgency measure to protect and preserve the public safety,
health and welfare and is to go into full force and effect
immediately upon adoption by a four-fifths (4/5) vote of the
City Council and to continue in force and effect for four (4)
months from the date of adoption hereof, subject to extension
by the City Council hereafter, in accordance with the provisions
of Government Code Sction 65855.
PASSED AND ADOPTED at a regular meeting of the City
Council of the City of Tustin, California, held on the
day of , 1981.
ATTEST:
MAYOR
CITY CLERK
JGR:se:D:9/28/81
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