HomeMy WebLinkAboutORD-13-98 Amend Title 17 Fencing, Accessory Structures, etcORDINANCE NO. 13-
98 AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF ORANGE AMENDING TITLE 17 OF
THE ORANGE MUNICIPAL CODE RELATING
TO FENCING, ROOF MOUNTED
EQUIPMENT,PAVING OF FRONT YARD AREAS
IN RESIDENTIAL DISTRICT, ROCK
CRUSHING EQUIPMENT, AND ACCESSORY
STRUCTURES.
RECITALS:After report thereon by 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 amendment to Title 17 of the Orange Municipal Code should be
adopted:NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF
ORANGE DOES ORDAIN AS
FOLLOWS:SECTION
I:The definition of "Accessory Structure" in Section 17.04.020 of the
Orange Municipal Code shall be amended to read as
follows:ACCESSORY STRUCTURE. A building attached to or detached from
the plincipal building on the same lot and customarily incidental and subordinate to
the plincipal building. An accessory structure may not contain interior plumbing
facilities unless its overall size is less than 150 gross square feet, in which case it may contain
no more than one half bath (one toilet and one sink). In no circurnstances shall
an accessory building contain facilities for fully independent
living."SECTION
II:Section 17.12.020.C.3. of the Orange Municipal Code shall be arnended to
read as
follows:3. Location. Satellite dish antennas shall be located within that area
between the ultimate right-of-way of any street and the building face and shall
conform to all building code requirements. Dish antennas that are greater than 20
inches in diameter shall! be ground mounted in all residential zones and may be roof mounted
in all other districts. Dish type antennas that are less than 20 inches in diameter
mounted in all zoning districts. Ground mounted antennas shall be screened in such a
manner that they are not visible from adjacent streets or properties. Roof mounted
antennas shall be screened or integrated into the design of the structure in such a
manner as to minimize aesthetic impacts upon adjacent streets and properties. Any
screening shall utilize existing building elements (such as parapet walls) or shall be
architecturally compatible with the main structure. Means of integration may include
placemc:nt below higher building elements (such as ridgelines and eaves), placement in
inconspicuous locations on side or rear facing building elements, use of color that
blends with mounting surface, or other similar means. No antennas shall be installed
on portable or movable structures such as a trailer."
SECTION III:
Chapter 17.12 of the Orange Municipal Code shall be amended to add new
section 17.12.060 to read as follows:
17.12.060 Location of Rock Crushers. Any request to establish a temporary
rock or material crushing operation, mixing or batch plant, in conjunction with
temporary grading, demolition or construction activities, shall require approval of a
conditional use permit by the Zoning Administrator. Such application for conditional
use permit shall identify the location of the rock crusher, the proximity of the rock
crusher to residential zones, haul routes for removal of crushed materials, hours of
operation, duration of crushing and hauling activities, and measures proposed to
mitigate potential impacts such as dust, noise, vibration and traffic."
SECTION IV:
Sections 17.14.090.E. and 17.14.090.F. of the Orange Municipal Code shall be
renumbered as Sections 17.14.090.F. and 17.14.090.G, accordingly, and new Section
17.14.090.E. shall be added to read as follows:
E, Paving in front yard areas. In addition to the prOVISIOns of Section
17.12.040.D and E. (requiring landscaping of fi'ont yard setback areas), no more than
60% of the front yard area of a residentially developed property, which includes the
entire width of the property that is located between the residence and the street right-
of-way, may be covered with paved surfaces (such as concrete, asphalt, brick,
paving stones, etc.) A variance from this provision shall be subject to review and approval
of the Zoning
Administrator."SECTION
V:Table 17.14.170.B. of the Orange Municipal Code shall be amended to read
as
follows:2 Ord. No.
Minimum
Zone
Minimum Minimum Minimum Street Side Minimum Distance
Front Yard Interior Yard Rear Yard from
Setback Side Yard Setback of Setback Principal (
in feet) Setback Corner or (in feet)Structure (
in feet) Reverse in
feet) Comer Lot in
feet)RI-
6 0 0
through 6 20 (c,d,e,f) 10 (b,c,d,e,f)
R-
I-
R 1--- R2-
6 0 0 through 6 20 (c,d,e,f) 10 (b,c,
d,
e,f)R2-8
R-3 and 0 0 R-4 6 20 (c,d,e,f)
10 (
b,c,d,e,f)
TABLE 17.
14.170.B SETBACK REQUIREMENTS DETACHED
ACCESSORY
STRUCTURES AND GARAGES (a)NOTES:a) In all cases, detached garages and carports
which open onto an abutting street shall be set back a minimum of20
feet from the property line.b) The accessory structure may abut the rear lot line
only if it is not intended for habitation (interior is unfinished, such
as a garage, workshop, storage shed, etc.) and the accessory structure and
permitted extensions of the primary structure do not cover more than 40 percent of the required
rear yard area. Also, a minimum five foot rear yard setback is required for
corner or reverse corner lot.c) No eave, projection or overhang shall
extend over a property line.d) Precautionary measures shall be taken to
ensure runoff is deflected away from
side and rear property lines.e) Building height shall not exceed ten feet for
that portion of the accessory structure that occurs within the side or rear setback
areas,
as defined for principal structures.f) Any accessory structure intended
for habitation (having a finished interior, insulated ceiling and/or walls, and which
can be temperature controlled,
such Ord. No. 13-983 R
as a guest room, recreation room, office, etc.) shall conform to the setback
requirements for a principal building."
SECTION VI:
Chapter 17.14.170 of the Orange Municipal Code shall be amcnded to add
subsection E. to read as follows:
E. Interior Plumbing. Interior plumbing facilities are permitted in accessory
structures only under the following circumstances:
I. Any accessory structure less than 150 gross square feet in size may contain a
half-bath (one toilet and one
sink).2. An accessory structure with an unfinished interior, such as a workshop
or garage, may contain a utility
sink.3. Additional interior plumbing facilities may be permitted only upon
issuance of a conditional use permit, and in accordance with the limitations placed
upon accessory second housing units pursuant to Section 17.14.060 of this
chapter."SECTION
VII:Section 17.14.180 of the Orange Municipal Code shall be amended to
add subsections E. and F. to read as
follows:E. Tract Fencing. Fences and walls adjacent to public streets,
surrounding residential tracts, shall be constructed by the developer and maintained in a
safe structural condition by the homeowner's association, or by each individual
home owner on whose property the fence or wall is located if no homeowner's
association exists. Periodic repair or maintenance of any section of the fence or wall shall be
done in a manner that matches the original design and appearance. The intent of this
section is to ensure that the fence or wall maintains a consistent appearance around the
entire perimeter of the tract, and is not intended to preclude repainting, replastering or
such other maintenance as may be required, provided such treatment is applied to the
entire fence or
wall.F. Materials. Barbed wire and concertina wire are not permitted, except
at public utility
structures."4 Ord. No.
SECTION VIII:
Section 17.14.240 of the Orange Municipal Code shall be amended to read as
follows:
17.14.240 Screening of Mechanical Equipment. All mechanical equipment
including, but not limited to, air conditioning units and pool equipment shall be
acoustically shielded and architecturally screened from view from adjacent streets and
adjacent properties. Ground-mounted mechanical equipment screening shall consist
of a solid wall, solid fence, or sufficient landscaping. Otherwise, such equipment shall
be enclosed within a building. Solar panels shall be placed in a manner that
minimizes their visibility from the adjacent street to the extent that their efficiency is
not unreasonably diminished, and integrated into the design of the structure when
building
mounted."SECTION
IX:Section 17.18.140 of the Orange Municipal Code shall be amended to
add subsection D. to read as
follows:D.
Materials 1. Chain link fencing shall not be erected on any portion of the full width
or depth of a developed lot that is located between a primary or accessory structure and
a public or private street, after the effective date of this ordinance. Exception:
Chain link fencing may be used for security purposes for public utility structures and
for temporary fencing needs (construction sites, special events, vacant lots,
etc.)..2. Barbed wire and concertina wire are not permitted, except at public
utility stru
ctures. "SECTION
X:Section 17.30.030.C. of the Orange Municipal Code shall be amended to read
as
follows:C. ConditionallJse PermitReq.uired. In order to fulfill the purposes of
this chapter, the retail sale of alcoholic beverages is subject to approval of a conditional
use pennit. The Planning Commission has the authority to issue conditional use
permits for the following, except when the application is combined with other submittals
that require City Council review, the decision of the Planning Commission is appealed,
or as otherwise noted
below:Ord. No. 13-
I. Any original off-sale alcoholic beverage license when not in
conjunction willi the sale of motor fuel in the CP (Commercial Professional), CI (
Limited Comme:rcial), C-TR (Limited Business, Tustin Redevelopment),
C2 (General Business), C3 (Commercial), and CR (Commercial
Recreation) zones.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, and CR
zones, subject to the conditions specified in Section 17.30.030.F. An initial public
hearing shall be held before the Planning Commission, with the final review and
determination made
by the City Council.3. Any original on-sale restaurant license in the CP,
CI, C-TR, C2,
C3, CR,Ml and M2 zones.4. Any original license for the on-site
brewing and sale of beer within a restaurant in the CP, Cl, C-
TR, C2, C3, CR, Ml and M2 zones.5. Any original on-sale
license not associated with a
restaurant in the C-TR,C2, C3, and CR zones.6. Any original
off-sale alcoholic beverage license in the Ml and M2 zones shall be
subject to the following conditions and limitations. When in conjunction with the sak of motor fuels,
the
conditions specified in Section 17.30.030.F. shall also apply:a. The
sale of alcoholic beverages shall not be promoted by means of exterior
display of signs, posters, pictures, or product,
or by visibility from outside the building of any such display.b.
The City shall review an approved conditional use permit after six months of operation
to determine if the retail sales of alcoholic beverages at, or on, the premises
are, and continue to be, an insignificant portion of
total retail sales, and to determine if such use should continue.c. At any
time the license is sold or possession is transferred to a person, firm,
or entity other than the applicant to which the conditional use permit was issned,
the City shall review the operations of the new owner or
operator to insure the original conditions of approval are complied with.d.
The applicant shall execute an agreement with the City to give written notice to the
City at any time the license is sold or otherwise transferred to
another person, firm, or
applicant shall further agree that the City may record such agreement with the
Orange County Recorder.
e. An initial public hearing shall be held by the Planning
Commission, with final review and determination by the City Council.
7. Any original on-sale license for a bar or tavern shall be subject to
an approved Business Establishment Alcohol Management and Education
Program Program"), as specified in Chapter5.49 of this
code."SECTION
XI: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
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 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 25th day of August
1998.
7
ATTEST:
k j~ne Coontz, May~
r Cassandra J.
C Ord. No. 13-
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 Ci~y Council held on the 11 th day of August , 1998, and
thereafter at a regular meeting of said City Council duly held on the 25th day of
August , 1998, was duly passed and adopted by the following vote, to wit:
AYES: COUNCIL MEMBERS: MURPHY, SLATER, COONTZ, SPURGEON, ALVAREZ
NOES: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBERS: NONE
ABSTAIN: COUNCIL MEMBERS: NONE
AA1~Ct~PA~
Cassandra J. cart, City Clerk
MEB:ajj
8 Ord. No.13-