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HomeMy WebLinkAboutNS-1205ORDINANCE NS-1205 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA PROHIBITING THE ISSUANCE OF BUILDING PERMITS FOR NEW BUILDINGS AND ADDITIONS TO BUILDINGS WITHIN THAT PORTION OF THE REDEVELOPMENT PROJECT AREA OF THE SANTA ANA COMMUNITY REDEVELOPMENT AGENCY BOUNDED BY MAIN STREET ON THE EAST, ROSS STREET ON THE WEST, FIFTH STREET ON THE SOUTH, AND SANTA ANA BOULEVARD ON THE NORTH, FOR A PERIOD OF NINETY DAYS TO ALLOW THE COMPLETION OF A JOINT REDEVELOPMENT AGENCY AND ORANGE COUNTY TRANSIT DISTRICT FEASIBILITY STUDY IN SAID LOCATION FOR A MULTI-MODAL TRA~S-- PORTATIDNTERMINAL FOR ORANGE COUNTY WHEREAS, the Community Redevelopment Agency of the City of Santa Ana is currently committed to a minimum of $25,000 dollars of its share of a feasibility study jointly financed by the ~on~nunity Redevelopment Agency and the Orange County Transit District for the location of a multi-modal transportation term- inal in that portion of the Community Redevelopment Project Area bounded by Main Street on the east, Ross Street on the west, Fifth Street on the south, and Santa Ana Boulevard on the north; and WHEREAS, new buildings and additions to buildings in said location could adversely affect the feasibility of the site for a multi-modal transportation terminal by making the site more costly to acquire; and WHEREAS, the Community Redevelopment Agency of the City of Santa Ana is also spending $38,000 in additional planning and economic studies for the entire Community Redevelopment Project Area; and WHEREAS, both the planning studies and economic studies are being coordinated with the transportation corridor and multi- modal transportation terminal site studies; and WHEREAS, new buildings and additions to buildings within said location would require additional cost for the revision of the transportation terminal feasibility study, the planning studies and economic studies; and WHEREAS, the expenditure of additional money for the revision of plans as a result of said study would create an unnecessary expenditure of public funds, which may be avoided by the adoption of a moratorium on the issuance of building permits within said location; and WHEREAS, the City Council desires that the status quo be preserved within said location pending the outcome of the various studies being conducted in the Redevelopment Project Area for which the Santa Ana Community Redevelopment Agency is obligated to pay; and WHEREAS, it would be in the interest of the public nec- essity, convenience, and the general welfare that a moratorium be imposed, on the issuance of building permits for new buildings and additions to buildings within that portion of the Redevelop- ment Project Area bounded by Main Street on the east, Ross Street on the west, Fifth Street on the south, and Santa Ana Boulevard on the north; and ORDINANCE NS-1205 PAGE TWO WHEREAS, said moratorium may be rescinded if the results of the aforedescribed studies are known prior to the termination of said ninety day moratorium, and upon that the finding that the allowance of new buildings and additions to buildings within said aforedescribed location would not jeopardize plans developed from said studies for said location; and WHEREAS, for the above reasons, there exists an urgent necessity that the issuance of building permits for new buildings and additions to buildings within said location be suspended for a reasonable period of time within which said studies may be conducted in order to make a determination for the bestuse of the property within said location. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: SECTION 1. The City Council of the City of Santa Ana finds and determines that it is in the interest of the public necessity, convenience and the general welfare that a moratorium be imposed on the issuance of building permits for new buildings and additions to buildings within that portion of the Community Redevelopment Project Area bounded by Main Street on the east, Ross Street on the west, Fifth Street on the south, and Santa Ana Boulevard on the north. SECTION 2. The Department of Building Safety of the City of Santa Ana shall not issue any building permits for additions to buildings and new buildings within that portion of the Santa Ana Community Redevelopment Project Area bounded by Main Street on the east, Ross Street on the west, Fifth Street on the south, and Santa Ana Boulevard on the north, for a period to terminate ninety (90) days from the initial effective date of this ordinance. SECTION 3. This ordinance shall take effect as an urgency measure im~aediately upon its adoption. The City Council declares that it is necessary to the public peace, health, safety and welfare that this ordinance be adopted as an urgency measure. The facts constituting the emergency are: the Community Redevel- opment Agency of the City of Santa Ana is currently committed to a minimum of $25,000 for its share of the feasibility study jointly financed by the Community Redevelopment Agency and the Orange County Transit District for the location of a multi-modal transportation terminal in that portion of the Community Redevel- ment Project Area bounded by Main Street on the east, Ross Street on the west, Fifth Street on the south, and Santa Ana Boulevard on the north, and new buildings and additions to buildings in said location could adversely affect the feasibility of the site for a multi-modal transportation terminal by making the site more costly'to acquire and the Community Redevelopment Agency of the City of Santa Ana is also spending $38,000 in addi- tional planning and economic studies for the entire Community Redevelopment Project Area, and both the planning studies and economic studies are being coordinated with the transportation corridor and multi-modal transportation terminal site study, and ORDINANCE NS-1205 PAGE THREE new buildings and additions to buildings within said location would require additional costs for the revision of the trans- portation terminal feasibility study, planning studies and economic studies, and the expenditure of additional money for the revision of plans as the result of said studies would create an unnecessary expenditure of public funds, which may be avoided by the adoption of a moratorium on the issuance of building permits within said location, and the City Council desires that the status quo be preserved within said location pending the out- come of various studies being conducted in the Redevelopment Project Area for which the Santa Ana Community Redevelopment Agency is obligated to pay, and said moratorium may be rescinded if the results of the aforedescribed studies are known prior to termination of said ninety day moratorium, and upon a finding that the allowance of new buildings and additions to buildings within said aforedescribed location would not jeopardize the plans developed from such studies for said location. SECTION 4: If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the deci- sion of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, clauses, phrases or portions be declared invalid or unconstitutional. SECTION 5: The Clerk of the Council shall certify to the passage of this ordinance and cause the same to be published in some daily newspaper printed and published in the City of Santa Ana. PASSED AND ADOPTED by the City Council of the City of Santa Ana as an emergency measure at its regular meeting held on the 1st day of April , 1974. FURTHER PASSED AND ADOPTED by the City Council of the City of Santa Ana at its regular meeting held on the 15th of April , 1974. day ATTEST: CLERK OF THE COUNCIL ORDINANCE NS-1205 PAGE FOUR STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF SANTA ANA ) I, FLORENCE I. MALONE, do hereby certify that I am the Clerk of the Council of the City of Santa Ana; that the fore- going Ordinance was introduced to said Council at its regular meeting held on the 1st day of April , 1974, and was at said meeting passed and adopted as an emergency measure by the following vote, to wit: AYES, NOES, ABSENT, COUNCILMEN: COUNCILMEN: COUNCILMEN: Grise~t, Yamamoto, Garthe, Patterson, Ward Evans, Markel None I, further certify that the foregoing Ordinance was intro- duced to said Council at its regular meeting held on the 1st day of April , 1974, and was again considered by said Council at its regular meeting held on the 15th day of April , 1974, and was at said meeting passed and adopted by the following vote, to wit: AYES, NO~S, ABSENT, COUNCILMEN: COUNCILMEN: COUNCILMEN: Griset, Yamamoto, Patterson, Ward Evans, Garthe, Markel None THE COUNCIL