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HomeMy WebLinkAboutORD 0936 (1985) 1 ORDINANCE NO. 936 2 AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, DE- 3 CLARING A MORATORIUM ON DEVELOPMENT OF PROPERTIES ON FIRST STREET WESTERLY OF 4 NEWPORT AVENUE 5 6 The City Council of the City of Tustin, California, does ordain as follows: 7 8 I. The City Council finds and determines as follows: 9 A. The City Council has directed that the Planning Commission prepare a specific plan for the 10 development of properties on First Street, westerly of Newport Avenue. 11 B. Existing lots and parcels are of substandard width 12 and depth which preclude quality development compat- ible with a major arterial. 13 C. Mixed land uses of residential, commercial, and 14 office development and the absence of precise land use designations are injurious to the public health, 15 safety and welfare. 16 D. There is a current and immediate threat to the public health, safety and welfare and the approval of the 17 additional subdivisions, use permits, variances, building permits, or any other applicable entitlement 18 for use which is required in order to comply with the zoning provisions of the Tustin City Code would 19 result in a threat to public health, safety and welfare because existing lots and parcels are of 20 substandard width and depth which would typically preclude development consistent and compatible with 21 traffic and other aspects of their location on a major arterial street. 22 E. Pursuant to Council direction the Planning Department 23 and Planning Commission are conducting and will con- tinue to conduct a study of the need for an ordinance 24 further regulating or prohibiting certain development and uses in the area described hereinabove. 25 26 II. A. The City Council hereby declares a moratorium on issuance of permits or approvals of any kind for 27 development projects on the hereinabove described area property without first obtaining a use permit 28 therefor, pending completion of the study and report 1 1 of the Planning Commission and action thereon by the City Council. The moratorium declared hereby shall 2 extend for a period of not to exceed ten (10) months and fifteen (15) days from the date of adoption of 3 this ordinance, unless duly extended or terminated, or such shorter period within which the subject study 4 may be completed. 5 B. This ordinance is adopted to protect the public health, safety and welfare and is adopted as an 6 urgency measure by a four-fifth (4/5) vote pursuant to the provisions of Section 65858 of the California 7 Government Code and shall take effect immediately. The urgency is based on the fact that the 8 construction of projects on any of the properties in the subject area prior to completion of the study 9 would pose a threat to the public health, safety and welfare by the existence of developments inconsistent 10 and incompatible with the traffic and other aspects of their location on a major arterial street. 11 PASSED AND ADOPTED at a regular meeting of the City Council of 12 the City of Tustin held on the 1st day of July , 1985. 14 Y~KE, Mayor r ATTEST: 15 18 19 ~GR:se:R:~/18/85 (27) 20 21 22 24 25 26 27 28 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF TUSTIN ) MARY E. WYNN, City Clerk and ex-officio Clerk of the City Council of the City of Tustin, California, does hereby certify that the whole number of the members of the City Council of the City of Tustin is five; that the above and foregoing Ordinance No. 936 was duly and regularly introduced and read at a regular meeting of the City Co~il held on the 1st day of July,, 1985, and was given its second reading and duly passed and adopted at a regular meeting held on the 1st day of July, 1985, as an urgency measure by the following vote: AYES : COUNCILPERSONS: Edgar, Greinke, Hoesterey, Kennedy NOES : COUNCILPERSONS: Saltarel 1 i ABSENT: COUNCILPERSONS: None MARY PUBLISH TUSTIN NEWS: July 11, 1985