HomeMy WebLinkAboutORD-01-06 Amend Ch 17.04- Lodging & Boarding HousesORDINANCE NO. 1-06
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AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF ORANGE AMENDING CHAPTER 17.04 OF
TITLE 17 OF THE ORANGE MUNICIPAL CODE
REGULATING LODGING AND BOARDING
HOUSES.
WHEREAS, Orange Municipal Code Section 17.04.021 defines Boarding
Houses and Section 17.04.031 defines Lodging Houses; and
WHEREAS, the City has received complaints from residents that single family
homes are being utilized in a commercial manner that is inconsistent with the
environment for which single family residential neighborhoods were created and
designed; and
WHEREAS, the rental of single family homes on a room by room basis to
persons with no family or other personal ties constitutes a commercial activity indicative
of multi-family rentals; and
WHEREAS, single family residential neighborhoods are not designed for
situations in which significant numbers of adults live in the same home in terms of garage
space, street parking, storage space, etc.; and
WHEREAS, problems arising from numerous adult renters co-habiting in the
same single family home include excessive night-time noise, additional neighborhood
traffic, and a lack of street parking; and
WHEREAS, the purpose of this Ordinance is to preserve the residential character
of a single-family residential neighborhood; and
WHEREAS, the Orange Municipal Code does not permit boarding and lodging
houses in single-family residential zones, but the current definitions are difficult to
enforce due to vagueness.
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NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ORANGE
DOES ORDAIN AS FOLLOWS:
SECTION I:
The definition of BOARDING HOUSE in Section 17.04.021 of the Orange
Municipal Code is hereby deleted in its entirety and replaced with the following:
BOARDING HOUSE - A residence or dwelling, other than a hotel,
wherein three or more rooms are rented under three or more separate
written or oral rental agreements, leases or subleases or combination
thereof, whether or not the owner, agent or rental manager resides
within the residence.
SECTION II:
The definition of LODGING HOUSE in Section 17.04.031 is deleted in its
entirety and replaced with the following:
LODGING HOUSE - A residence or dwelling, other than a hotel,
wherein lodging and meals are provided to five or more persons for
compensation, whether direct or indirect. In determining the number of
persons lodging in a Lodging House, all residents shall be counted,
including an owner, agent or manager."
SECTION III:
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 anyone or more sections, subsections,
sentences, clauses or phrases be declared invalid or unconstitutional. This Ordinance
shall be prospective in application from its effective date.
SECTION IV:
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 five (5) 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 this
Ordinance's passage in a newspaper of general circulation, published, and circulated 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 such adopted Ordinance along with the names of those City
Council members voting for and against the Ordinance in accordance with Goverrunent
Code Section 36933. This Ordinance shall take effect thirty (30) days from and after the
date of its final passage.
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ADOPTED this 28th day of February, 2006
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Mark A. Murphy, Mayo, y of Orange
ATTEST:
c/~~C.::..:. .
Mary E:"Mu hy, City Clerk, C of Orange
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 14th day of February, 2006, and thereafter at the regular meeting of
said City Council duly held on the 28th day of February, 2006, was duly passed and
adopted by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
COUNCILMEMBERS: Smith, Ambriz, Murphy, Cavecche, Dumitru
COUNCILMEMBERS: None
COUNCILMEMBERS: None
COUNCILMEMBERS: None
t.~ !(~
Mary E..City ClerK:,' f Orange
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