HomeMy WebLinkAboutORD 08-15 Amending Title 17 Duplexes, Cottage Food Operations, Auto Brokers, Senior Housing & Mixed use DevelopmentORDINANCE NO. 08-15
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF ORANGE AMENDING TITLE 17 OF THE
ORANGE MUNICIPAL CODE TO STREAMLINE
THE REVIEW PROCESS AND CLARIFY
DEFINITIONS AND CITY STANDARDS FOR
DUPLEXES, COTTAGE FOOD OPERATIONS, AUTO
BROKERS, SENIOR HOUSING AND MIXED USE
DEVELOPMENT IN COMMERCIAL ZONES,
MULTI - FAMILY DEVELOPMENT, BARS AND
TATTOO PARLORS IN MIXED USE ZONES, THE
ENTITLEMENT PROCESS FOR ALCOHOL SALES
AT GAS STATIONS, AND RESIDENTIAL PARKING
REQUIREMENTS
WHEREAS, the City desires to put in place clear policies and procedures that avail
the public of efficient and expeditious review of cottage food operations, auto broker
businesses, and alcohol sales at gas stations in support of entrepreneurism, the business
community, and economic vitality of the City; and
WHEREAS, the City recognizes that senior housing projects 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's 2010 General Plan update effort resulted in the creation of
dedicated mixed use land use districts with the purpose of providing strategic locations in the
City near employment and transportation hubs well- suited for long -term mixed use
development conditions, and desires to protect the economic viability and cohesiveness of its
commercial districts by eliminating the possibility of mixed use development in strictly
commercial zones; and
WHEREAS, the City desires to eliminate confusion in the zoning ordinance about
development conditions that constitute a duplex, and parking requirements for residential uses
in order to provide clear infonnation to property owners and a positive customer service
experience to the public; and
WHEREAS, the City desires to clarify limitations on bars and tattoo parlors as land
uses in mixed use zoning districts.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ORANGE
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION I:
Section 17.04.020 is revised to add the following:
AUTO BROKER — An auto buying service defined as a dealer in California Vehicle
Code §285, that provides or offers to provide the service of arranging, negotiating, assisting,
or effectuating the purchase of a new or used motor vehicle, not owned by the dealer, for
another individual for a fee or other consideration, regardless of the form or time of payment.
An auto broker is distinguished from an automobile dealership based on the operation of such
use from general office space rather than a sales facility with more than two vehicles on
display.
SECTION II:
Section 17.04.023 is revised to read as follows:
DWELLING, DUPLEX — A property developed with two dwelling units, either
attached in a single structure or in two separate structures, wherein the occupants of each
individual dwelling unit are living and functioning together as a single housekeeping unit,
meaning that they have established ties and familiarity with each other, jointly use common
areas, interact with each other, share meals, household activities, expenses and responsibilities,
membership in the single housekeeping unit is fairly stable as opposed to transient, and
members have some control over who becomes a member of the single housekeeping unit.
SECTION III:
Table 17.14.030 is revised as follows:
Excerpt)
LAND USE R1-5 RI-6 R1 -20 R2 -6 R -3 R -4 MH
to to to
R1 -15 R1 -40 R2 -8
RI-R
Residential Uses
C+C+C+
Single Family Dwelling P4 P P P P P
Duplex P P P
Excerpt)
LAND USE RI-5 R1 -6 R1 -20 R2 -6 R -3 R -4 MH
to to to
R1 -15 R1 -40 R2 -8
RI-R
Bed and Breakfast Inn C+C+C+
Garage or Yard Sales A*A*A*A*A*A*A*
Commercial Nursery with Seasonal Sales C+C+C+C+C+C+C+
Cottage Food Operation A*A*A*A*A*A*A*
Home Occupation A*A*A*A*A*A*A*
2
SECTION IV:
Section 17.14.050 is revised to add a new subsection F as follows, and re -label the existing
subsections F through Q, G through R accordingly:
F. Cottage Food Operation
1. A cottage food operation is allowed subject to the provisions of the California
Government Code and California Health and Safety Code pertaining to cottage food
operations.
2. A cottage food operator may have no more than one full -time equivalent
employee, not including a family member or household member working where the cottage
foods are prepared or packaged for direct, indirect, or direct and indirect sale to consumers as
defined in Section 113758 of the California Health and Safety Code.
SECTION V:
Section 17.14.050.J.8 is revised and a new subsection 9 is added as follows:
8. Involve the sale, preparation, or storage of food or food products except as a cottage
food operation per Section 17.14.050.F.
9. Involve the display of vehicles that are for sale.
SECTION VI:
Table 17.18.030 is revised to read as follows:
Excemt)
USE OP CP /C1 CTR C2 C -3 CR
Residential Uses
Caretaker mobile homes A*A*A*A*A*
Fraternity, sorority C
P P P P P
Rest homes, convalescent hospitals C C C C C
Senior Housing C+C+C+C+C+
Single Family Dwelling P
Excemt)
USE OP CP /C1 CTR C2 C -3 CR
Automobile and Other Vehicle Related
Uses
Automobile body shop
Automobile broker — retail sales P P P P P
Automobile broker — wholesale sales P P P P P
Automobile Rental Agency (with on -site
auto storage)
C C C C
Excerpt)
USE OP CP /C1 CTR C2 C -3 CR
Miscellaneous Uses
Residential Uses
Manufacturing, processing, assembling P
P
of materials, and products in conjunction
Conversion of multi- family
units
P P P P P
with the retail sales and service or office
Cottage Food Operation A A A A A
functions related to such products
Day care, small (8 or fewer)P P P
Mini - warehouse /self storage facility C C C C
SECTION VII:
Section 17.18.070.Z is 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.
SECTION VIII:
Table 17.19.030 is revised as follows:
Excerpt)
LAND USE MIXED USE DISTRICTS
OTMU-
15S
OTMU-
15
OTMU-
24
NMU-
24
UM
U
Additional
Requirements
Residential Uses
Congregate care, assisted
living
P P
Conversion of multi- family
units
P P P P P 17.30.040
Cottage Food Operation A A A A A 17.14.050
Day care, small (8 or fewer)P P P
Day care, large (9 to 14)C C C 17.14.060
Garage or yard sale A A A A A 17.14.050
Home Occupation A A A A A 17.14.050
Live /work units P P P P P 17.19.100
Multi - family housing in
conjunction with a mixed
use development
P P P P P 17.19.080
Multi - family housing as a
stand alone development not
in conjunction with a mixed
use development
P P P P P 17.19.090
Planned unit development C C C C C 17.14.060
Senior housing P P P P P
Single family dwelling P P P 17.19.070
4
Excerpt)
LAND USE MIXED USE DISTRICTS
OTMU-OTMU-OTMU-NMU-UM Additional
Restaurants, Bars
15S 15 24 24 Requirements
Personal Services
Restaurants w/o alcoholic
beverage sales
Restaurants w/o alcoholic C P P P P
Restaurants w /alcoholic
beverage sales
beverage sales
C C C C 17.30.030
Tailoring P P P P P
Tattoo parlor
Veterinary clinic, animal P P P P
hospital (boarding permitted
only as part of medical
treatment)
Excerpt)
LAND USE MIXED USE DISTRICTS
OTMU-
15S
OTMU-
15
OTMU-
24
NMU-
24
UM
U
Additional
Requirements
Restaurants, Bars
Bars
Restaurants w/o alcoholic
beverage sales
C P P P P
Restaurants w /alcoholic
beverage sales
C C C C C 17.30.030
SECTION IX:
Section 17.19.070 is revised to add a new Subsection E to read as follows, and relabel the
existing Subsection E as Subsection F accordingly:
E. Single Family Dwelling. Single family dwellings located in the OTMU -15S,
OTMU -15, or OTMU -24 zones shall be subject to R -1 -6 development standards as presented
in Chapter 17.14, with the exception of floor area ratio, which shall be subject to the provisions
of Chapter 17.19.
SECTION X:
Section 17.19.090 is revised to read as follows:
17.19.090 Multi- family Development.
Multi - fammily development shall comply with the following standards, the standards in
Section 17.19.120, and the applicable standards for the R -4 zoning district in Chapter 17.14
Residential Districts). If there is a conflict between any of the standards in this chapter and
Chapter 17.14 the standards in this section shall apply. Where this section is silent on any
given topic, the standards for the R -4 zoning shall apply.
SECTION XI:
Section 17.30.030C.2 is revised to read as follows:
2. Any original off -sale beer, or beer and wine license, in conjunction with the sale of
motor fuel in the CP, Cl, C -TR, C2, C3, CR and UMU zones, subject to the conditions
specified in Section 17.30.030.F.
SECTION XII:
Table 17.34.060.A is revised to read as follows:
Excerpt)
USE REQUIRED NUMBER OF SPACES
Single - family Dwelling 2 enclosed garage spaces /unit up to 4
bedrooms accessed by a 12 foot wide 20
foot long driveway. For 5 or more
bedrooms, 1 additional enclosed space. For
bedroom additions to homes built prior to
the effective date of Ordinance 17 -08, refer
to Section 17.34.020(A).
For PUDs, units with 3 or more bedrooms
shall provide an additional 1.5 guest parking
spaces per dwelling unit. Of this
requirement, 1 open parking space may be
provided at the residence subject to
compliance with Section 17.16.060.
Duplex, Duplex Residential 2 parking spaces per unit, one of which shall
be in an enclosed garage.
Multifamily Residential (3 units or more)Studio — 1.2 spaces /unit
One Bedroom — 1.7 spaces /unit
Two Bedroom — 2.0 spaces /unit
Three or More Bedrooms — 2.4 spaces /unit
Of the above requirements a minimum of
one space per unit shall be covered. A
minimum of 0.2 spaces per unit shall be
provided as easily accessible and
distinguishable guest parking in addition to
the required parking for each unit.
n
Excerpt)
USE REQUIRED NUMBER OF SPACES
Automotive Uses
Auto Broker, Retail or Wholesale 4 spaces /1,000 sq. ft. GFA
For Retail Auto Brokers, required parking
shall be 4 spaces /1,000 sq. ft. GFA. A
maximum of 2 of the required spaces shall
be used for vehicle display. Where office
GFA requires less than 3 spaces, a
minimum of 3 spaces shall be required.
Service and Repair 3 spaces /service bay for gas stations with
service bays, auto repair, body shop, oil
change, and smog check and other similar
facilities where food, beverages, or sundries
are sold on an incidental basis through
vending machines or limited display areas
representing less than 30 percent of the
cashier or waiting area.
In the case of gas stations with convenience
stores, 2 stalls plus additional parking as
required for convenience store. The gas
station convenience store parking
requirement shall be 1 space /800 sq. ft. of
gross floor area. Parking spaces abutting air
and water service shall not be included in
the total number of parking spaces.
Additional parking spaces shall be provided
for service bays or car washes associated
with gas stations with convenience stores at
the ratios identified for such uses in this
section.
ADOPTED this 11"' day of August, 2015.
Teresa . Smith, Mayor, City of Orange
ATTEST:
Mary E. Mu ty Clerk, City Ahrarige
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
W' day of July 2015, and thereafter at the regular meeting of said City Council duly held on
the 11 day of August, 2015, was duly passed and adopted by the following vote, to wit:
AYES:COUNCILMEMBERS: Alvarez, Whitaker, Smith, Murphy, Nichols
NOES:COUNCILMEMBERS:
ABSENT:COUNCILMEMBERS:
ABSTAIN:COUNCILMEMBERS:
Mary E. M fityClerk, City Orange