HomeMy WebLinkAboutORD 05-16 Amending Title 17 For Instructional UsesORDINANCE NO. 05-16
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF ORANGE AMENDING TITLE 17 OF THE
ORANGE MUNICIPAL CODE TO DEFINE AND
STREAMLINE THE REVIEW PROCESS FOR
INSTRUCTIONAL USES, PROVIDING UPDATED
STANDARDS FOR THE DEVELOPMENT OF
SENIOR HOUSING IN COMMERCIAL ZONES,
ELIMINATING REFERENCE TO MIXED USE
DEVELOPMENTS IN COMMERCIAL ZONES, AND
ADDRESSING GENERAL OFFICE, MEDICAL
OFFICE, AND PRIVATELY OPERATED
RESIDENTIAL USES IN THE PUBLIC INSTITUTION
ZONE.
WHEREAS, the City desires to put in place clear policies and procedures that: avail the
public of efficient and expeditious review of instructional uses in support of entrepreneurism, the
business community, and economic vitality of the City; provide for efficient and effective
development standards for Senior Housing in strictly commercial zones, which support the City's
housing goals and places Senior Housing near commercial services; and, remove code references
to Mixed Use Developments in Commercial only zones to provide consistency with Ordinance 08-
15; and provide or clarify standards for private office and residential uses in the Public Institution
zone in support of the institutional uses they may serve, and
WHEREAS, the City desires to formalize instructional uses as permitted subject to
performance standards or, if performance standards are exceeded, to allow instructional uses to
apply for a Conditional Use Permit subject to a regulation that would require a parking analysis;
and
WHEREAS, the City desires to incentivize Senior Housing projects in commercial zones
by replacing adherence to density and minimum floor area ratio development constraints of the
Neighborhood Mixed Use 24 DU /AC zone with the base General Plan Land Use designation
density and floor area ratio because senior housing may be well suited uses in commercial districts
due to the convenience of goods and services, medical care, and public transportation to serve the
elderly citizens of Orange; and
WHEREAS, the City desires to maintain consistent codes that eliminate Mixed Use
Development in commercial only zones, consistent with Ordinance 08 -15; and.
WHEREAS, the City desires to accommodate limited privately owned and /or operated
residential, professional office, and medical offices to complement its major institutional uses to
increase convenience for its citizens, and encourage long -term viability of properties in the public
Institution zone.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ORANGE DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION I:
Section 17.04.028 of the Orange Municipal Code is hereby revised to add the following definition,
which shall read as follows:
Instructional Use — A use, other than a school, as defined by the California Department of
Education, that consists of at least one instructor seeking to elicit a response from participants and
more than one participant with a collective purpose of receiving instruction. Examples of
instructional uses include, but are not limited to, martial arts instruction, physical fitness
instruction, dance instruction, painting or drawing instruction, group counseling, tutoring, and
motor vehicle driving test instruction.
SECTION II:
Section 17.04.038 of the Orange Municipal Code is hereby revised to add the following:
Senior Housing — Housing intended and operated for occupancy by persons 55 years of age or
older that also meet the following criteria:
At least 80 percent of the units must have at least one occupant who is 55 years of age or
older; and
The facility or community must publish and adhere to policies and procedures that
demonstrate the intent to operate as "55 or older" housing; and
The facility or community must comply with HUD's regulatory requirements for age
verification of residents.
SECTION III:
Section 17.10.030E.II. of the Orange Municipal Code is hereby revised to read as follows:
E. Conditional Use Permits Reviewed by Zoning Administrator.
1. The Zoning Administrator shall have the authority to review the following
conditional use permits:
a. Permits to allow amusement arcades in appropriate zones as prescribed.
b. Permit for large family day care homes, subject to special criteria and hearing
requirements set forth in Section 17.14.060.
c. Permits for collection or processing facilities (recycling) subject to standards set
forth in Section 17.18.060.
d. Habitable accessory structures as set forth in Section 17.14.160.
e. Instructional Uses exceeding the uses' base parking demand Special Use
Regulation as set forth in Sections 17.18.060.T., 17.18.070.AB., 17.19.070.G.
and 17.20.050.0.
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SECTION IV:
Table 17.18.030 of the Orange Municipal Code is hereby revised to read as follows:
Excerpt)
USE OP CP /C 1 CTR C2 C3 CR
Sale of alcoholic beverages - C+ C+ C+ C+ C+
School C C C C C -
Instructional Use P * /C+ P * /C+ P * /C+ P * /C+ P * /C+ P * /C+
Sexually oriented/adult businesses - - - - P -
SECTION V:
Section 17.18.060 of the Orange Municipal Code is hereby revised to add a new subsection T
which shall read as follows:
T. Instructional Use. Parking needs of the instructional use shall be subject to the provisions
of Table 17.34.060.A, as well as a determination of the Community Development Director
such that the instructional use shall be no more parking intensive than the parking rate
required for the prior permitted use of the same tenant space, or the use intended for the
space at the time of original building permit issuance. Should the use exceed the parking
rate, a Conditional Use Permit, in accordance with Section 17.10.030.E.1.e, shall be
required.
SECTION VI:
Section 17.18.070 of the Orange Municipal Code is hereby revised to add a new subsection AB
which shall read as follows:
AB. Instructional Use. Any instructional use exceeding the uses' Special Use Regulation shall
submit a Conditional Use Permit application as set forth in Section 17.18.060.T. A shared -
parking study analysis, or an offset -hours parking study analysis, conducted by a qualified
person, is required.
SECTION VII:
Section 17.18.0702 of the Orange Municipal Code is hereby revised to read as follows:
Z. Senior Housing. Senior housing development shall comply with the multi- family
development provisions of Section 17.19.090, and the NMU -24 development standards
contained in Table 17.19.120, except for building height, which shall be dictated by the
height standards of the subject commercial zone, and except for density and floor area ratio,
which shall be dictated by the underlying General Plan Land Use designation.
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SECTION VIII:
Section 17.18.090B. of the Orange Municipal Code is hereby revised to read as follows:
B. Residential Uses.
1. CR Zone. Residential uses are prohibited in the Commercial Recreation (CR) zone.
SECTION IX:
Section 17.18.090C. of the Orange Municipal Code is hereby eliminated.
CTi f Tif1N Y.
Table 17.19.030 of the Orange Municipal Code is hereby revised to read as follows:
Excerpt
MIXED USE DISTRICTS
USE OTMU-OTMU- OTMU-NMU-Additional
15S 15 24 24
UMU
Requirements
Sale of alcoholic beverages C C C C C 17.30.030
School (private)C C C C C
Instructional Use P/C P/C P/C P/C P/C
17.19.070G.
17.18.070AB.
Vending carts (located on
private property only)
P P P P P 17.19.070
SECTION XI:
Section 17.19.070 of the Orange Municipal Code is hereby revised to add a new subsection I which
shall read as follows:
I. Instructional Use. Parking needs of the instructional use shall be subject to the provisions
of Table 17.34.060A as well as a determination of the Community Development Director
such that the instructional use shall be no more parking intensive than the parking rate
required for the prior permitted use of the same tenant space, or the use intended for the
space at the time of original building permit issuance. Should the use exceed the parking
rate, a Conditional Use Permit, in accordance with Section 17.10.030.E.1.e, shall be
required.
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SECTION XII:
Table 17.20.030 of the Orange Municipal Code is hereby revised to read as follows:
Excerpt)
USES
Education
Business colleges; trade and technical schools
Instructional Use
Driving school
Juvenile or adult education
SECTION XIII:
C C
C C
Section 17.20.050 of the Orange Municipal Code is hereby revised to add a new subsection O
which shall read as follows:
O. Instructional Use. Parking needs of the instructional use shall be subject to the provisions
of Table 17.34.060.A as well as a determination of the Community Development Director
such that the instructional use shall be no more parking intensive than the parking rate
required for the prior permitted use of the same tenant space, or the use intended for the
space at the time of original building permit issuance. Should the use exceed the parking
rate, a Conditional Use Permit, in accordance with Section 17.10.030.E.1.e, shall be
required.
SECTION XIV:
Table 17.20.060 of the Orange Municipal Code is hereby revised to add a new subsection O which
shall read as follows:
O. Instructional Use. Any instructional use exceeding the uses' Special Use Regulation may
submit a Conditional Use Permit application provided that a shared- parking study analysis,
or an offset -hours parking study analysis, conducted by a qualified person, is submitted
with the application.
SECTION XV:
Section 17.24.010 of the Orange Municipal Code, Purpose and Intent, is hereby revised to read as
follows:
17.24.010 Purpose and Intent.
The Public Institution (PI) district is established to accommodate a wide range of public
and quasi - public uses which, by their very nature, need special consideration to ensure
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compatibility with surrounding development. The PI district may also accommodate housing and
privately operated office and medical office activity that is functionally related to a public and
quasi - public use. This district is further intended to be applied only to property clearly intended
for such public and quasi - public uses.
SECTION XVI:
Table 17.24.020 of the Orange Municipal Code, Public Institution Use Regulations, is hereby
revised to recognize privately operated housing and office uses as allowable uses as follows:
USE PI
Fire stations and substations P
General and Professional Offices P*
Highway maintenance yards and facilities C
Historical landmarks (official)P
Housing related to church, hospital or college A*
Libraries, public and private P
Medical Offices P*
Moving an existing structure or building onto a site from another location P*
Municipal, county, and other government buildings P
Museums P
Police Stations P
SECTION XVII:
Section 17.24.040 of the Orange Municipal Code, Special Use Regulations, is hereby revised to
add new subsections F and H addressing general and professional offices, private housing, and
medical offices, with existing Subsection F relabeled G and existing subsections G through J
relabeled I through L, accordingly, to reflect the inserted subsections:
F. General and Professional Offices. Privately owned and/or operated general and
professional office uses may be allowed if they have a functional relationship with a church,
college, or hospital such as medical insurance, home care services, counseling, or other office uses
deemed similar by the Community Development Director. Such uses shall also be physically
adjacent to the institutional use.
G. Housing Related to Church, College of Hospital. Such housing may be provided for
students, faculty, nurses, doctors, similar persons, or persons benefitting from the institution
adjacent to the housing.
H. Medical Offices. Privately owned and /or operated medical office uses may be allowed
if they have a functional relationship with, and are physically adjacent to, a hospital.
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SECTION XVIII:
Table 17.34.060.A of the Orange Municipal Code is hereby revised to add "Instructional Use" to
the following table, which shall read as follows:
Excerpt)
USE REQUIRED NUMBER OF SPACES
Educational
Facilities
Day Care, Nursery 2 spaces /employeeSchool
Elementary and 1.8 s aces /classroompJuniorHighSchool
High School 8 spaces /classroom
Trade School,
Business School,1 space /35 sq. ft. of instructional area GFA
Adult Education
Instructional Use 1 space /employee, plus 4 spaces/ 10 students based on maximum
classroom capacity
A conditional use permit may be granted by the Zoning Administrator
where different parking standards may be justified.
Libraries,
Museums, Art 4 spaces /1,000 sq. ft. GFA
Galleries
College and 1 space /employee, plus 4 spaces/ 10 students based on maximum
University classroom capacity
Parking for on- campus student housing may be deducted from
requirements if commuter -only lots are not available to student residents.
Also, due to unique needs of colleges, a conditional use permit may be
granted by the Planning Commission where different parking standards
may be justified.
SECTION XIX:
Should any section, subsection, clause, or provision of this Ordinance for any reason be
held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the
validity or constitutionality of the remaining portions of this Ordinance; it being hereby expressly
declared that this Ordinance, and each section, subsection, sentence, clause and phrase hereof
would have been prepared, proposed, approved and ratified irrespective of the fact that any one or
more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional.
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SECTION XX:
A summary of this Ordinance shall be published and a certified copy of the full text of this
Ordinance shall be posted in the Office of the City Clerk at least fifteen (15) days prior to the City
Council meeting at which this Ordinance is to be adopted. A summary of this Ordinance shall also
be published once within fifteen (15) days after its passage in a newspaper of general circulation
in the City of Orange. The City Clerk shall post in the Office of the City Clerk a certified copy of
the full text of the adopted Ordinance along with the names of those City Council members voting
for and against the Ordinance in accordance with Government Code Section 36933.
ADOPTED this 14th day of June, 2016.
azt&
Tere a E. Smith, Mayor, City of Orange
ATTEST:
Mary E. , City Clerk, City of ge
STATE OF CALIFORNIA
COUNTY OF ORANGE
CITY OF ORANGE
I, MARY E. MURPHY, City Clerk of the City of Orange, California, do hereby certify that
the foregoing Ordinance was introduced at the regular meeting of the City Council held on the
12th day of April, 2016, and thereafter at the regular meeting of said City Council duly held on
the 14th day of June, 2016, was duly passed and adopted by the following vote, to wit:
AYES: COUNCILMEMBERS: Alvarez, Whitaker, Smith, Murphy, Nichols
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
ABSTAIN: COUNCILMEMBERS: None
Mary E City ler , Orange