HomeMy WebLinkAboutORD-03-02 Add Sec 17.10.035- Regulate Temprary UsesORDINANCE NO. 3-
02
I AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF ORANGE ADDING SECTION 17.10.035
TO THE ORANGE MUNICIPAL CODE
AND AMENDING SECTION 17.08.020 TO
REGULATE TEMPORARY
USES.
RECITALS After report thereon to the Planning Commission and after due public hearing
as required by law, the City Council of the City of Orange has concluded that the
following changes to the Orange Municipal Code should be
adopted:NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF
ORANGE DOES ORDAIN AS
FOLLOWS:SECTION
I:Section 17.10.035 is hereby added to the Orange Municipal Code to read as
follows:17.10.035 Temporary Use
Permits.
I A. Purpose and Intent. The City recognizes that certain types of land use, due
to the nature of the use, require special individual review. The intent of this section is
to accommodate reasonable requests for interim, temporary, or seasonal uses within any
zoning district, when such activities are desirable for the community in the short term but would
have detrimental effects if allowed to continue on a permanent basis. Temporary uses allowed
under this section shall be sensitive to the health, safety and general welfare of persons residing
and working in the community and shall be conducted so as not to cause any long term
detrimental effects on surrounding properties and the community. This section does not supercede
existing regulations pertaining to specific temporary uses included in other Code sections. The
issuance of a temporary use permit does not confer any land use entitlement or property right to
the holder of the permit. This permit is revocable with or without cause upon thirty (30)
days written notice to the permit holder, unless violations of public health, safety, or welfare
are occurring, in which case the permit will be immediately
revocable.B. Initiation and Application. Application for temporary use permits shall be
filed on forms furnished by the Community Development Department at least thirty (30) days
prior to initiation of the use. Applications for temporary uses shall contain the
following
1. The name and address of the sponsoring business or organization;
2, The proposed location of the temporary use;
3. The name and address of the party responsible for the temporary use;
4. A list of communities in California where the temporary use has been
previously conducted by the party responsible for the temporary use;
5. The number of persons who will be engaged in conducting the temporary
use, if applicable;
6, A plot plan showing the entire property in addition to that portion of the
property to be used to conduct the temporary use, including an exact
description and plot plan describing the total extent of any off-
street parking area which would be occupied for the purpose of conducting
the temporary
use;7. A completed property owner affidavit;
and 8. Such other information as shall be required by the
Community Development
Director.C. Temporary Use Permit for Uses of Limited, Specific Duration (
Non-recurring).Non-recurring temporary uses, located within any zoning district in the City,
except as specified in this
section, shall include:1. Modular buildings used for
classrooms or offices;
2. Outdoor Storage;3,
Swap Meets; and 4. Other temporary uses of a similar nature as
determined by the
Community Development Director.5. Procedure. The Staff Review Committee, as
established by Section 17.08.020.E of this title shall serve as the initial reviewing
body for non-recurring temporary use permits. Once an application
for a non-recurring temporary use permit has been deemed
complete, the Staff Review Committee shall consider and make
a recommendation to approve, approve with conditions or deny
the permit. The recommendation shall be forwarded to the
Zoning Administrator. The Zoning Administrator, in reviewing the application,
shall review the recommendations of the Staff Review Committee and
shall act to approve, approve with conditions, or deny
the application. Zoning Administrator action shall
be deemed final.6. Design Review. Non-recurring temporary
uses on properties located within the Old Towne Historic District shall require
the approval of the Design Review Committee prior to the
establishment of
the temporary use permit.Ord.
D. Temporary Use Permit for Annual, Seasonal, or Recurring Uses. Annual,
seasonal, or recurring temporary uses, located within any zoning district in the City shall
include:
I 2.
1.Off-site agricultural sales including, but not limited to, Christmas
tree lots, pumpkin patches, and strawberry
stands;Temporary holiday storage containers/trailers and outdoor
storage containers/trailers ancillary to an existing permitted use;
and Other annual, seasonal, or recurring temporary uses of a similar nature
as determined by the Community Development
Director.Duration. Annual, seasonal, or recurring temporary uses may be
allowed for a maximum time period of six
months.Procedure. The Staff Review Committee, as established by
Section l7.08.020E of this title shall serve as the initial reviewing body
for recurring temporary uses. Once an application for a temporary
use permit has been deemed complete, the Staff Review Committee
shall consider and make a recommendation to approve, approve
with conditions or deny the permit. The recommendation shall be
forwarded to the Community Development Director or his or her
designee Director). The Director, in reviewing a temporary use
permit application shall review the recommendations of the Staff
Review Committee and shall act to approve, approve with conditions, or deny
the application. Director action shall be deemed
final.
3.
4.
5.E. Conditions of Approval. In granting any temporary use permit the
reviewing authority may prescribe appropriate conditions and safeguards in conformity with this
section.Violation of such conditions and safeguards, when made a part of the terms under which
the temporary use permit is granted, shall be deemed a violation of this code and punishable
under this code. The reviewing authority may prescribe a time limit within which the action
for which the temporary use permit shall be started, completed or both. Conditions of
approval may include but are not limited
to:
I Ord. No.
3-
02
1.2.Regulations of hours
and days;Requirement of bonds or other guarantees for cleanup or
removal of structures
or equipment;Return of temporary use site to its original state within a
specified period
of time;Regulation of
permit duration;Regulation of signs
and advertising;Regulation
of lighting;Regulation of public-address
or sound system;Regulation of gas, smoke, noise, fumes, vibrations
or
other
nuisances;
3.
4.
5.
6.7.8.9. Regulation of design features including, but not limited
to, size, colors,materials, architectural
details, and
10. Referral to the Design Review Committee; and
II. Such other conditions as are deemed necessary to protect the health,
safety and welfare of the community and to assure compliance with the
intent and purpose of this section.
F. Criteria for Review. The reviewing authority shall consider the following
criteria in granting a temporary use permit:
1. That the temporary use permit is compatible with the various provisions
of this chapter;
2. That the temporary use is a reasonable use of land compatible with the
general plan land use designation and zoning classification;
3. That the temporary use will not impede the reasonable use ofland, or the
orderly development ofland in the immediate vicinity;
4. The temporary use will not adversely affect the adjacent uses, buildings
or other structures;
5. That the temporary use will not endanger the public health, safety or
general welfare;
6. Provisions for adequate traffic access/circulation, off-street parking
and pedestrian safety have been provided and will be maintained during
the operation of the use or activity;
and 7. That the granting of the temporary use permit is made subject to
those conditions necessary to preserve the general welfare, not the
individual welfare of any particular
applicant.G. Revocation. This permit may be revoked by the City for any reason in the
sole and absolute discretion of the Community Development Director, or his or her designee,
upon thirty (30) days written notice, or immediately in the event that the permittee, as determined
by the Community Development Director, or his or her designee, is in violation of any law
or activity that endangers the public health, safety, or general
welfare.H. Expiration. Permits for non-recurring temporary uses shall not exceed
a one-year time period. Any non-recurring temporary use exceeding one year must
re-apply. In no case shall any non-recurring temporary use be allowed for
more than two years. Annual,recurring temporary uses must
be re-
applied for each year.SECTION II:Table 17.08.020 of Section 17.08.020 of the
Orange Municipal Code is hereby amended to add a
Temporary Use Permit category as
Tvpe of Procedure, Permit or Hearln!! SRC DRC ZA PC CC
Zoning Ordinance Amendment A A X
Zone Change A A X
Conditional Use Permit A A(I) X(I) X(l) X(l)
Variance A A(I) X(I) X
Administrative Adiustment Permit X
Temporary Use (Non-Recurring) Permit
X Design ReviewAlX(I) X(
I)Old Towne Demolition Permit AX(I)
X Site Plan Review-
Minor X Site Plan Review-Maior
A A X Tentative Tract Man
A A X General Plan Amendment
A A X EnvironmentalDocumentation A X(
I)
X(I)
I
Key:
SRC
DRC
ZA
PC
CC
A X
I)GENERAL NOTES:
Staff Review Committee
Design Review
Committee Zoning
Administrator Planning
Commission
City Council Advisory
Final Project determination Restricted
to certain applications a) All items may be finally decided by the City
Council upon appeal.b) When more than one type of application is filed for a
single project, the application requiring the highest level of approval
shall dictate the review process for the entire
group of
applications.SECTION III:Section 17.08.020.C.2 of the Orange Municipal Code IS hereby amended
to add a subsection that
reads as follows:c. Authority to approve non-recurring temporary uses subject
to the provisions ofSection17.10.
035.I 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 Ord.
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 Government Code Section 36933, This Ordinance shall take
effect thirty (30) days from and after the date of its final passage.
ADOPTED this 14th day of May, 2002.
ATTEST:
At'/~~ C4f~-RAA<-7A-
Cassandra J. Cathca , City Clerk of the City of Orange
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF ORANGE )
I, Cassandra J. Cathcart, 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 23rd day of April, 2002, and thereafter at a regular meeting of said City Council duly held
on the 14th day of May, 2002, was duly passed and adopted by the following vote, to wit:
AYES: COUNCILMEMBERS: Slater, Alvarez, Murphy, Coontz, Cavecche
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
ABSTAIN: COUNCILMEMBERS: None
Cassandra J. Cathca, . y Clerk of the City of Orange
Ord. No. 3-02 6