HomeMy WebLinkAboutORD 05-13 Amending Title 17ORDINANCE NO. 05-13
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF ORANGE AMENDING TITLE 17 OF THE
ORANGE MUNICIPAL CODE TO STREAMLINE
CITY REVIEW OF CERTAIN DEVELOPMENT
APPLICATIONS AND TYPES OF USES RELATED
TO HOME OCCUPATIONS, RECURRING
TEMPORARY USES, ZONING ADMINISTRATOR
VARIANCES, LEGAL NON - CONFORMING
GARAGE DIMENSIONS, AND WIRELESS
COMMUNICATION FACILITIES.
WHEREAS, the City desires to put in place policies and procedures that avail the
public of efficient and expeditious review of routine and benign property additions and
recurring seasonal temporary uses; and
WHEREAS, the City recognizes the role that home occupations play in the
employment base and economic vitality of the community, and also recognizes that limited
non - resident visitors to the residence can be accommodated in a manner that continues to
preserve neighborhood quality and character; and
WHEREAS, the City recognizes the importance of a reliable wireless
communication network to the City's businesses and residents, and finds that additional
wireless communication facility height in industrial areas can be allowed by right where such
facilities are separated from residential areas and not located in areas adjacent to public
rights -of -way; and
WHEREAS, numerous wireless facilities have been constructed in the City of
Orange in recent years becoming prominent visual features in the community; and
WHEREAS, the Council most recently adopted Ordinance No. 06 -08 on July 22,
2008 with the purposes of providing clearer guidance and incentives to achieve higher
quality Wireless Communication Facility installations but has since determined that Code
refinements are needed to further address visual impacts of such facilities; and
WHEREAS, Section 332(c)(7) of the Telecommunications Act of 1934 and Section
704(7)(A) of the Telecommunications Act of 1996 preserve state and local authority over
zoning and land use decisions for wireless communication facilities; and
WHEREAS, the zoning and development approval process play a critical role in
ensuring that wireless communication facility development occurs in a manner that is
consistent with General Plan policies related to promoting a high quality telecommunication
system, but also protecting existing neighborhoods; and
WHEREAS, the City recognizes that the review and approval process for wireless
communication facilities should not impede the public's access to competitive wireless
services; and
WHEREAS, the purpose of this ordinance amendment is to update requirements for
the siting of wireless communications facilities; and to minimize the visual impact of new
wireless communication facilities on the community; and
WHEREAS, on October 23, 2012, the City Council has determined to provide
property owners with some limited relief from the application of section 17.14.170D as
provided in this Ordinance.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ORANGE
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION I:
Section 17.10.035.D.5 is hereby amended as follows:
5. Procedure. The Community Development Director shall serve as the initial
reviewing body for recurring temporary uses. Once an application for a temporary use
permit has been deemed complete, the Community Development Director shall have a staff
review committee, as designated by the City Manager, consider and make a recommendation
to approve, approved with conditions, or deny the permit. The staff recommendation shall be
forwarded to the Community Development Director or his designee. The Community
Development Director, in reviewing a temporary use permit application, shall review the
recommendations of staff and shall act to approve, approved with conditions, or deny the
application. The Community Development Director's action shall be deemed final.
Annual, seasonal, or recurring uses on the same site with the same layout may be
approved administratively provided that no physical changes have occurred to the property or
property ownership within the time that has elapsed since the approval of the original
temporary use permit by the Community Development Director.
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Section 17.10.040.D.2 is hereby amended as follows:
2. Waiver of the following building site requirements for buildings constructed on a
single lot or for buildings constructed on separate parcels of land provided there are less than
five lots or parcels:
a. Building setback and yard requirements for new residential development on a lot
that is vacant or previous development is raised to accommodate new development,
b. Building site area,
c. Building site coverage, and
d. Building site width;
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4. Waiver of garage location and access requirements for new residential
development on a lot that is vacant or previous development is raised to accommodate new
development;
5. Waiver of parking lot dimensional standards;
6. Waiver of sign requirements; and
SECTION III:
Sectionl7.12.025.D.2 is amended to read as follows:
2. The maximum height of any wireless communication facility, other than roof - mounted
facilities, shall be governed by the height requirements of the zone in which the facility is
located. Exceedance of the maximum height may be granted through a conditional use
permit subject to the following provisions or restrictions;
a) The conditional use permit provision noted above shall not be applicable for any
wireless ground mounted communication facility located in any residential district;
b) Notwithstanding, properties used for public service offices or uses and utility service
uses located in a residentially zoned district, may exceed the maximum height through
the granting of a conditional use permit;
c) In any industrial district, the maximum height of any wireless communication facility
can be a maximum of eighty (80) feet without the need for the conditional use permit, so
long as the facility is located greater than one hundred (100) feet from the boundary of a
residential district, and not within the front yard area. Wireless communication facilities
taller than eighty (80) feet or located within a restricted area may exceed the height
through granting of a conditional use permit.
SECTION IV:
Section 17.14.050.J is hereby amended as follows:
J. Home Occupations. A home occupation is one carried on in a dwelling as a
secondary use, where there are no displays or signs at or upon the premises, no other
commodity or services are sold upon the premises and no storage of materials and/or supplies
upon those premises except within the dwelling or an enclosed garage. Where storage will
take place within an enclosed garage, such storage shall be conducted in such a manner so as
not to interfere with the parking of vehicles therein. Any materials and/or supplies which are
stored upon the premises shall not occupy a space in excess of five hundred (500) cubic feet.
Such an occupation shall not:
1. Create light, noise, odor, dust, vibration, fumes or smoke readily discernible at the
exterior boundaries of the parcel.
2. Involve the use of mechanical equipment or storage of material and/or supplies on
trucks in amounts not recognized as part of reasonable household use.
3. Involve the use of services at the premises of no more than one client of the
dwelling at any given time. Home occupation clients and deliveries made by bona fide
delivery firms shall be permitted, as long as such visitors and deliveries are in amounts or
performed in a manner recognized as part of a reasonable household use.
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4. Have the premises or adjacent public right -of -way serve as an assembly point for
non-occupants, including serving as a location from which such non - occupants are
dispatched to off -site locations.
5. Significantly increase the off - street parking load.
6. Involve the storage or use of flammable substances as defined by the Uniform Fire
Code, Section 15.101 et seq., or hazardous chemicals as defined by the Uniform Fire Code,
Section 19.101, et seq.
7. Involve the sale of firearms or ammunition except to those set forth in California
Penal Code Section 12078. Records shall be kept for a minimum of one year on the sales of
firearms. Information on these records shall include:
a. Date of purchase;
b. Name, address, phone number, driver's license number and date of birth of the
person buying any firearms;
c. Brand name, model number and serial number of firearm purchased.
8. Involve the sale, preparation, or storage of food or food products.
SECTION V:
Table 17.14.070, Note (c) is hereby amended to add a fourth side yard setback exception to
read as follows:
c) The following exceptions apply:
1. Corner and reverse corner lots shall have a minimum ten foot street site
yard.
2. Wherever a garage opening faces onto a street, a minimum 20 -foot side
yard shall be provided.
3. When the main entrance to a building faces the side lot line, the entrance
shall be located at least ten feet from the property line.
4. When there is an existing legal non - conforming side yard setback, such
setback shall be recognized as the acceptable side yard building setback for purposes
of building additions.
SECTION VI:
Section 17.34.020.A is hereby amended to read as follows:
A. Exception for Single - Family Residence. Any single - family dwelling which
does not conform to the provisions of this chapter shall be made to comply only at such time
as additions or alterations which increase the original floor area by more than twenty -five
25) percent or five hundred (500) square feet, whichever is greater, are carried out. In the
case of existing garages that are legal non - conforming due to interior dimensions that fall
within a ten percent deviation of the requirements of Section 17.34.110.C, such addition or
alteration shall not cause the garage dimensions to be brought into compliance with the
City's standard garage dimensions.
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SECTION VII:
Table 17.12.025.B is amended as follows:
Table 17.12.025.B
Wireless Communication Facility Review Matrix ,
1. Minor site plan review may be required depending on the location of any support
equipment.
SECTION VIII:
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.
SECTION IX:
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 28" day of May, 2013.
Teresa . Smith, Mayor, City of Orange
Stealth Stealth
Building-Ground-Co- Located Co- Located
Zone Mounted)Mounted)Nonstealth Stealth)Nonstealth)
Industrial Districts Staff Staff SPR/DRC Staff SPR
Per Chapter 17.20
1. Minor site plan review may be required depending on the location of any support
equipment.
SECTION VIII:
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.
SECTION IX:
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 28" day of May, 2013.
Teresa . Smith, Mayor, City of Orange
ATTEST:
Mary E. City ; 1 , Cit o range
f
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 14 day of May, 2013, and thereafter at the regular meeting of said City
Council duly held on the 28 day of May, 2013, was duly passed and adopted by the
following vote, to wit:
AYES:COUNCILMEMBERS:Alvarez, Whitaker, Smith, Murphy, Bilodeau
NOES:COUNCILMEMBERS:None
ABSENT:COUNCILMEMBERS:None
ABSTAIN:COUNCILMEMBERS:None
Mary E. , City Clerk, Cit ange
on