HomeMy WebLinkAboutORD-12-95 Amend Title 17 Requirement of Building and Related PermitsORDINANCE NO. 12-95
AN ORDINANCE OF THE CITY COUNCII,OF
THE CITY OF ORANGE AMENDING TTl'LE 17
OF THE ORANGE MUNICIPAL CODE
WHEREAS, the City staff has been has been working for a number of years to
devel p a comprehensive update of Title 17 ("the loning Ordina ce") of the Orange
Munir.ipal Code; and
WHEREAS, on Apri14, 1994, the Planning Commission, after numerous reviews
of tha; proposed document, voted to recommend to the City Council, approval of the
comprehensive update of Title 17.
WHEREAS, on April 11, 1995, the City Council held a public hearing to consider
adoption of the comprehensive update of Title 17 and on May 9, 1995 held a second
public: hearing to consider the matter of floor area ratins.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ORANGE
DOES ORDAIN AS FOLLOWS:
SEC''ION I•
Title 17 of the Orange Municipal Code is here iy repealed.
SEC1'ION II:
Title 17, the text of which is attached hereto and hereby incorporated by reference,
is added to the Orange Municipal Code.
SEC'CION III•
This Ordinance shall become effective on September 1, 1995.
SEC'CION N•
A summary of±ius Ordinance shall be published and a certified copy of the full tetct
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
Ordin.ance shall also be published once within fifteen (15) days after this Ordinance's
passa,ge in a newspaper of general circulation, published, and cirrulated in the City of
OranE;e. 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
votinl; for and against the Ordinance in accordance with Government Code Section
36933. This Ordinance shall take effect on September 1, 1995.
ADOP'I D this llth day of .7 aly ___, ':995.
i i
C" - . c ' , ( .
Ivl yor of the City of Orange j',
AITEST:
MARZLYN J. JENBEN ESy:
City Clerk of the City of Orange Deputy .aty lerk
STATE OF CALIFOItNIA)
COUNTY OF ORANGE )
CITY OF ORANGE
I, MARILYN JENSEN, City Clerk of the City of Orange, California, do hereby
ceRify that the foregoing Ordinance was introduced at the regular meeting of the City
Council held on ffie 27thday of June 1995, and thereafter at the regular
meeting of said City Council duly held on the =tltMay of Julv 1995, was
duly passed and adopted by the following vote, to wit:
AYES: COUNCILMEMBERS: f7URPEiY, BARRF.RA, MAYOR COONT7 SPURGEONi
NOES: COUNCII,MEMBERS: NotvF
SLATFR
ABSENT: COUNCILMEMBERS: NotaF
ABSTAIN: COUNCILMEMBERS: NavE
t AR JFNSFr
City Clerk of the City of Orange
y.
puty C9ty erk
SSH:dh...............................................................................................................................
Ord.. No. Z-9S
ORANGE MUNICIPAL CODE
17 .02--17.02 .030
CHAPTER 17.02
GENERAL PROVISIONS
Sections•
17.02. 010 Purpose and Intent
17. 02. 020 Compliance Required
17. 02 . 030 Enforcement--Legal Procedures--Penalty
17. 02 .040 Sale of Copies of Plans
17.02 .010 Puroose and Intent. In interpreting and applying
the pzovisions of this Title, they shall be held to be the
minimum requirement for the promotion of the public safety,
health., convenience, comfort, prosperity or general welfare. It
is not. intended by this Title to interfere with or abrogate or
annul any easements, covenants, or other agreements between
partie.s; provided, however, that where this Title imposes a
greate.r restriction upon the use of buildings or premises or upon
height. of buildings or requires larger space than is impose3 or
required by other ordinances, rules or regulations or by
easeme.nts, covenants or agreements, the provisions of this Title
shall govern. (Ord. 12-95: Prior Code 9116)
1.7. 02.020 Compliance Reauired. All officers and employees
of the City authorized or required by law to issue permits,
licens es or other evidences of authority for the erection or
locati.ng of any building, structure or installation within the
meanir.ig of this Title shall issue no such permit, license or
evider.ice contrary to the provisions of this Title. Any permit,
licene;e or evidence issued in conflict with the provisions of
this Z'itle shall be null and void. (Ords. 12-95; 14-65: Prior
Code 9 113 .45)
3.7. 02 .030 Enforcement--Leaal Procedures--Penaltv.
A. I:t shall be the duty of the Chief Building Official to
e:nforce the provisions of this Title pertaining to the
e:rection, construction, reconstruction, moving, conversion,
a lteration, or addition to any bui.lding or structure.
B. I:t shall be the duty of the Police Department of the City
aind all officers of the City otherwise charged with the
e:nforcement of the law, to enforce this Title and all the
provisions of the same.
11/9Fi)420
ORANGE MUNICIPAL CODE
17 . 02 .030--17. 02 .040
C. Any building set up, erected, buil.t, moved or maintained, or
any use of property contrary to the provisions of this
Title, or contrary to any variance or contrary to any
condition attached to such variance or conditional use
permit is unlawful and a public nuisance, and the City
Attorney shall, upon order of the Council, immediately
commence proceedings for the abatement, removal and
enjoinment thereof in the manner provided by law.
Ords. 12-95; 14-65: Prior Code 9113 .45)
17.02 . 040 Sale of Copies of Plans. Copies of maps, charts,
plans and other descriptive matter regarding the Zoning Code and
map as made and provided for in this Title may be sold by the
Planning Division of the City at a charge determined by the
Planning Division, and all moneys received therefrom shall be
paid into the City Treasury, provided, however, that any fee
charged shall be consistent with the requirements of law.
Ords. 12-95; 20-82 : Prior Code 9124)
421 11/95)
ORANGE MUNICIPAL CODE
17 .04--17.04. 010
CHAPTER 17.04
DEFINITIONS
Sections•
17. 04 .010 Construction
17.04 .020 "A" Words, Terms, and Phrases.
17.04. 021 "B" Words, Terms, and Phrases.
17 .04. 022 "C" Words, Terms, and Phrases.
17.04. 023 "D" Words, Terms, and Phrases.
17. 04.024 "E" Words, Terms, and Phrases.
17. 04 .025 "F" Words, Terms, and Phrases.
17. 04.026 "G" Words, Terms, and Phrases.
17. 04 .027 "H" Words, Terms, and Phrases.
17. 04 .028 "i" Words, Terms, and Phrases.
17. 04 .029 "J" Words, Terms, and Phrases.
17. 04 .030 "K" Words, Terms, and Phrases.
17. 04 .031 "L" Words, Terms, and Phrases.
17.04 . 032 "M" Words, Terms, and Phrases.
17 .04 . 033 "N" Words, Terms, and Phrases.
17 .04. 034 "O" Words, Terms, and Phrases.
17.04 . 035 "P" Words, Terms, and Phrases.
17. 04. 036 "Q" Words, Terms, and Phrases.
17. 04 .037 "R" Words, Terms, and Phrases.
17. 04 .038 "S" Words, Terms, and Phrases.
17. 04 .039 "T" Words, Terms, and Phrases.
17. 04 .040 "U" Words, Terms, and Phrases.
17. 04 .041 "V" Words, Terms, and Phrases.
17.04 .042 "W" Words, Terms, and Phrases.
17 .04 . 043 "X" Words, Terms, and Phrases.
17 .04. 044 "Y" Words, Terms, and Phrases.
17 .04. 045 "Z" Words, Terms, and Phrases.
17.04. 010 Construction. For the purposes of carrying out
the in tent of this Chapter, the following words, phrases, and
terms shall have the meaning ascribed t,o them in this Section.
A. The word "City" shall mean the City of Orange.
B. The word "Council" shall mean the City of Orange Council, the
g;overning body of the City.
C. The word "Commission" shall mean the City of Orange Planning
C'ommission.
D The word "County" shall mean the County of Orange.
E. The word "State" shall mean the State of California.
11/95) 422
ORANGE MUNICIPAL CODE
17. 04. 010--17 .04. 020
F. The words "Zoning Code" or "Code" refer to Title 17 Zoning,
of the Municipal Code of the City of Orange.
G. The word "shall" is mandatory and not discretionary. The
word "may„ is permissive and discr.etionary.
H. References in the masculine and feminine genders are
interchangeable.
I. Unless the context clearly indicates to the contrary, words
in the present and the future tense are interchangeable, and
words in the singular and plural are interchangeable.
J. Unless the context clearly indicates to the contrary, the
following conjunctions shall be interpreted as follows:
1. "And" indicates that all connected items or provisions
shall apply.
2. "Or" indicates that the connected items or provisions
may apply singularly or in any combination.
3 . "Either. . .or" indicates that the connected items or
provisions shall apply singu:Larly but not in
combination.
K. The word "used" shall include arranged, designed,
constructed, altered, converted, rented, leased, occupied,
or intended to be utilized.
L. Unless the context clearly indicates to the contrary, other
words and phrases shall be construed as set forth in this
chapter. (Ords. 12-95; 400: Pri r Code 9100. 1)
17. 04 .020 "A" Definitions
ABANDONED - The cessation of the use o:E a property by the owner
with the intention neither of transfer:ring rights to the property
to another owner nor of resuming the use of the property. (Ord.
12-95)
ABUTTING LAND - A parcel of land having a common boundary with
another parcel of land except that parcels having no common
boundary other than a common corner shall be considered abutting.
Ord. 12-95)
423 11/95)
ORANGE MUNICIPAL CODE
17. 04.020
ACCESSORY LIVING QUARTERS - Living quarters within an accessory
buildi.ng for the sole use of persons employed on the premises or
for use by relatives or guests of the occupants of the premises,
havinq no kitchen or cooking facilities and not rented nor
othex rise used as a separate dwelling. (Ord. 12-95)
ACCES IORY SECOND HOUSING UNIT - An attached or detached permanent
reside:ntial unit which provides complete independent living
facili.ties for one or more persons on the same lot upon which an
existi.ng single-family dwelling is situated. For purposes of
this definition, "independent living facility" shall mean an
indivi.dual unit consisting of livinq, sleeping, eating, cooking
and sanitation facilities with plumbing and electrical
connec:tions attached to an on-site system. Such unit shall
contai.n a maximum floor area of 640 square feet. (Ord. 12-95)
ACCESSORY STRUCTURE - A building attached to or detached from the
princi.pal building on the same lot and customarily incidental and
subor inate to the principal building. An accessory building
shall not include habitable space unless the accessory building
conforms to the same setback requirements for a principal
buildi.ng within the zone in which the accessory building is
locate:d. An accessory building shall not contain facilities for
fully independent living. (ord. 12-95; 20-82 ; 400: Prior Code
9100. 3')
ACCES:ORY USE - A use of land or of a building or portion thereof
customarily incidental and subordinate to the principal use of
the l nd or building and located on the same lot with such
princi.pal use. (Ord. 12-95; 20-82 ; 400: Prior Code 9100.3)
ACREA6 E, GROSS - The total land area within a defined boundary.
Gross acreage measurements are made to the centerline of abutting
local streets or to right-of-way boundary of adjacent arterials.
Ord. 12-95)
ACREAG;E, NET - That portion of gross acreage exclusive of all
public: lands and rights-of-way. (Ord. 12-95)
ADDITI:ON - Any construction that is attached to an existing
buildi.ng and which increases the size of a buildinq or facility
in tez s of site coverage, height, length, width, or gross floor
area. (Ord. 12-95)
ADMINI:STRATIVE ADJUSTMENT PERMIT - A special permit which will
allow minor adjustments to certain requirements set forth in the
Zoninc Ordinance, or as more particularly described in Section
17. 10.050 when it can be shown that strict compliance would be
imprac:tical or undesirable in meeting the purpose and intent of
11/95)424
ORANGE MUNICIPAL CODE
17 .04.020
the ordinance and that the adjustment will not have an adverse
effect on the adjoining properties. An Administrative Adjustment
Permit is granted at the discretion of the Zoning Administrator,
subject to limitations set forth in the Zoning Ordinance and is
not the automatic right of any applicant. (Ords. 12-95; 35-70:
Prior Code 9130.4 (c) )
ADULT ENTERPRISE - An adult arcade, adult bookstore, adult
cabaret, adult motel, adult motion picture theater, adult
theater, drug paraphernalia store, massage parlor, sexual
encounter establishment, or any establishment restricting
admission to persons over 18 years of age. Adult enterprise does
not include establishments where the only adult use is the sale
of alcoholic beverages and/or tobacco. The following definitions
shall apply to various adult enterprises:
A. Adult Arcade. An establishment where, for any form of
consideration, one or more motion picture projectors, slide
projectors or similar machines, for viewing by five or fewer
persons each, are used to show films, motion pictures, video
cassettes, slides or other photographic reproductions which
are characterized by an emphasis upon the depiction or
description of "specified sexual activities" or "specified
anatomical areas. "
B. Adult Bookstore. An establishment which sells or offers for
sale instruments, devices or paraphernalia which are
i.ntended or designed for sale in connection with "specified
sexual activities, n or which has a substantial portion of
its stock-in-trade and offers for sale for any form of
consideration any one or more of the following: books,
magazines, periodicals or other printed matter, or
photographs, films, motion pictures, video cassettes, slides
or other visual representations which are characterized by
an emphasis upon the depiction ox• description of "specified
sexual activities" or "specified anatomical areas. "
C. Adult Cabaret. A nightclub, bar, restaurant or similar
establishment which features live performances which are
characterized by the e3cposure of "specified anatomical
areas" or by "specified sexual activities, " or films, motion
pictures, video cassettes, slides or other photographic
r.eproductions which are characterized by an emphasis upon
the depiction of "specified sexual activitiesH or "specified
anatomical areas. "
D. Adult Motel. A motel or similar establishment offering
public accommodations for any fox-m of consideration and
which features live performances which are characterized by
425 11/95)
ORANGE MUNICIPAL CODE
17.04. 020
the exposure of "specified anatom.ical areas" or by
specified sexual activities, " or features closed-circuit
television transmissions, films, motion pictures, video
cassettes, slides or other photographic reproductions which
are characterized by an emphasis upon the depiction or
d,escription of "specified anatomical areas. "
E. A.dult Motion Picture Theater. An establishment where, for
any form of consideration, films, motion pictures, video
cassettes, slides or similar photographic reproductions are
shown, and in which a substantial portion of the total
presentation time is devoted to the showing of material
which is characterized by an emphasis upon the depiction or
d.escription of "specified sexual activities" or nspecified
anatomical areas. "
F. Adult Theater. A theater, concert hall, auditorium or
similar establishment which, for any form of consideration,
f'eatures live performances which are characterized by the
exposure of "specified anatomical areas" or by Nspecified
sexual activities. "
G. irug Paraphernalia Store. An establishment subject to the
regulations of Orange Municipal Code Sections 5.57.010, et
seq. and/or 5.96. 010 et seq.
H. Ixassage Parlor. An establishment where, for any form of
c.onsideration, massage, alcohol rub, fomentation, electric
o r magnetic treatment, or similar treatment or manipulation
c f the human body is administered unless such treatment or
mianipulation is administered by a medical practitioner,
c.hiropractor, acupuncturist, or p:hysical therapist licensed
y the State of California.
I. Sexual Encounter Establishment. An establishment (other
t.han a hotel, motel or similar establishment offering public
a.ccommodations) or a privately owned or controlled structure
w hich for any form of consideration, provides a place where
t.wo or more persons may congregate, associate or consort in
c.onnection with "specified sexual activities" or the
e.xposure of "specified anatomical areas. "
J. Specified Anatomical Areas. As used herein, "specified
a.natomical areas" shall mean and include any of the
following:
1 . Less than completely and opaquely covered human
genitals, pubic region, buttocks, anus or female
11/95)426
ORANGE MUNICIPAL CODE
17. 04.020
breasts below a point immediately above the top of the
areola; or
2. Human male genitals in a discernibly turgid state, even
if completely and opaquely covered.
K. Specified Sexual Activities. As used herein, "specified
sexual activities" shall mean and. include any of the
following:
1. The fondling or other touching of human genitals, pubic
region, buttocks, anus or female breasts;
2 . Sex acts, normal or perverted, actual or simulated,
including intercourse, oral copulation or sodomy;
3 . Masturbation, actual or simulated; or
4. Excretory functions as part of or in connection with
any of the activities set forth in 1. through 3 . above.
Ords. 12-95; 32-82)
AGENT - Any person showing written verification that he or she is
acting for, and with the knowledge and. consent of, a property
owner. (Ord. 12-95)
AGRICULTURE - The use of land for farming, dairying, pasturing
and grazing, horticulture, floriculture, viticulture, apiaries,
animal and poultry husbandry, and including accessory activities
but not limited to storage, harvesting, feeding, or maintenance
of equipment, excluding stockyards, slaughtering or commercial
food processinq. (Ord. 12-95)
ALLEY - A public or private way permanently reserved as a
secondary means of access to an abutting property. (Ord. 12-95;
20-82 ; 400: Prior Codes 17.94 .050 and 9100.5)
ALTERATION - Any change or rearrangeme.nt in the supporting
members of an existing building, such as bearing walls, columns,
beams, girders or interior partitions, as well as any change in
doors or windows, or any enlargement t.o or diminution of a
building or structure , whether horizontally or vertically, or
the moving of a building or structure from one location to
another. (Ord. 12-95)
AMENITY - A natural or man-made feature which enhances a
particular property. (ord. 12-95)
427 11/95)
ORANGE MUNICIPAL CODE
17.04»020
AMUSEMENT PARK - An outdoor facility, which may include
structures and buildings, where there are various devices for
enterY_ainment, including rides, booths for the conduct of games
or sa:Le of items, and buildings for shows and entertainment.
Ord. 12-95)
ANTENNA - The outdoor portion of equipment used for the receiving
or treinsmitting of television or radio or similar signals through
space„ (Ords. 12-95; 20-02 : Prior Code 17.26.080)
APARTMENT - One or more rooms with pri.vate bath and kitchen
facil:ities comprising an independent, self-contained dwelling
unit :in a building containing more than two dwelling units.
Ords.. 12-95; 20-82; 400: Prior Codes 9100. 6 and 17. 04.080)
APARTMENT HOUSE - A structure containi.ng three or more apartment
units which is intended for rental purposes. (Ord. 12-95)
APPLI(.ANT - A person who requests in writing the approval of a
lease„ permit, license, certificate, or other entitlement for use
from one or more public agencies. (Ord. 12-95)
APPLICATION - The form and informatiom submitted by an applicant
for purposes of requesting an entitlement to use or develop
prope^ty. (ord. 12-95)
ARBOR - A latticework frame or open trellis that can support
climb:inq vines, used as a gateway to a yard or garden area.
Dimen:ions shall not exceed eight feet. in height, four feet in
width and two feet in depth. (Ord. 12-•95)
AUTOMOBILE DETAILING - An establishment which may include hand-
washing, waxing, and interior cleaning of vehicles. (Ord. 12-95)
AUTOMOBILE REPAZR, MAJOR - Includes all activities as defined
under minor automobile repair, and additionally includes body
work and painting. (Ord. 12-95)
AUTOMQBILE REPAIR, MINOR - General automobile repair, including
mechanical repairs, oil changes, tune-ups, upholstery and
insta:lation of tires, batteries and accessories, including the
repai of trucks less than one ton capacity. (Ord. 12-95)
AUTOMOBILE SALVAGE/WRECKING - The dismantling or wrecking of one
or more used motor vehicles or trailers, or storage, sale or
dumping of one or more dismantled or partially dismantled,
obsolete or wrecked vehicles or their parts. (Ord. 12-95)
11/95) 428
ORANGE MUNICIPAL CODE
17 .04. 020--17.04.021
AUTOMOBILE/TRAILER SALES AREA - The use of any building, land
area or other premise for the display and sale of new or used
automobiles, panel trucks or vans, trailers, or recreation
vehicles and including any warranty repair and other repair
service conducted as an accessory service. (Ord. 12-95)
AUTOMOBILE/TRUCK DEALERS - A facility which sells automobiles and
trucks of one ton or less capacity, both new and used, and
includes the repairing of same. Trucks of more than one ton
capacity shall not be included in this term. (Ord. 12-95)
17.04.021 "B" Definitions
BANK - An establishment for the custody, loan, exchange or issue
of money, for the extension of credit and for facilitating the
transmission of funds; includes savings and loans and credit
unions. (Ord. 12-95)
SAR - An establishment where alcoholic beverages are served for
consumption on the premises, and where food may or may not be
offered for sale, and when licensed by the Alcoholic Beverage
Control (ABC) Board. (Ord. 12-95)
BASEMENT - A space wholly or partly underground and having more
than one-half of its height, measuring from its floor to its
ceiling, below the average adjoining grade; if the finished floor
level directly above a basement is more than six feet above
grade such basement shall be considered a story. (Ord. 12-95)
BATCHING PLANTS - A facility which processes and mixes various
materials including concrete and asphalt. (Ord. 12-95)
BED AND BREAKFAST INN - A building of residential design
determined to be architecturally or historically significant to
the City of Orange wherein lodging is provided to tourists. The
operator of the inn shall live on the same property. (Ords. 12-
95; 27-87)
BEDROOM - Any habitable room other than a bathroom, kitchen,
dining room or living room. (Ord. 12-95)
BERM - A mound of earth, usually two t:o six feet in height.
Ord. 12-95)
SIKEWAY - A paved pathway, usually separated from streets and
sidewalks, designed to be used by bicyclists. (Ord. 12-95)
429 11/95)
ORANGE MUNICIPAL CODE
17.04. 021--17. 04 .022
BILLIA.RD PARIAR - Any place of business where any of several
games are played on a table by driving small balls against one
anothe:r or into pockets with a cue. Such place of business may
include, as an accessory use, any mechanical amusement device not
otherw ise prohibited by Section 5. 38. 050 or Section 5. 36.020,
Ords. 12-95; 55-72: Prior Codes 17. 04. 130 and 9100. 191)
BIRDS - Birds shall include, but are not limited to, budgies,
buntings, canaries, cardinals, cockatiels, cockatoos, conures,
doves, finches, lorries, lorikeets, lovebirds, macaws, mynahs,
parakeets, parrots, pigeons, sparrows, toucans, and weavers.
Additi.onal bird species can be considered as pets subject to
approval from the Community Development Director. (Ords. 12-95;
20-90)
BIACK - A unit of land bounded by streets or by a combination of
street.s and public land, railroad rights-of-way, waterways or any
other barrier to the continuity to development. (Ord. 12-95)
BOARDING HOUSE - A dwelling containing no more than five guest
rooms and where lodging and/or meals are provided to the guests
and members of the occupant's immediate family who might be
occupy ing such building. (Ord. 12-95)
BUFFEF: AREAS - An area of land used to visibly separate one use
from a.nother or to shield noise, lights or other possible
nuisan ces. (Ord. 12-95)
BUILDING - Any structure having a roof supported by columns or
walls and intended for the shelter, housing or enclosure of any
indivi.dual, animal, process, equipment, goods or materials of any
kind c r nature. (Ord. 12 .95; 400: Prior Codes 17. 04. 140 and
9100. 1.0)
BUILDING HEIGHT - The vertical distance from the average finished
grade, as measured around the perimeter of the structure five
feet c ut from the exterior wall surface to the highest point of
the st.ructure, that being the ridgeline of the roof or the top of
the pa.rapet wall on a flat roof. Screened mechanical and
electrical towers, chimneys, and other integral parts of the
buildi.ng or structure occupying no more than five percent of the
roof a.rea shall be excluded from the measurement. (Ords. 12-95;
20-82 ; 400: Prior Codes 17.04. 150 and 9100. 11)
17.04. 022 "CN Definitions
CARETA,KER MOBILE HOME - A mobile home, placed on either a
perma ent or temporary foundation, established on any premises as
11/95) 430
ORANGE MUNICIPAL CODE
17. 04.022
living quarters for a person or persons responsible for the
maintenance and/or security of those premises. (Ord. 12-95)
CARETAI R'S RESIDENCE - A dwelling unit accessory to a principal
use on a site and intended for occupancy on same site as a
caretaker, security guard, servant, or similar position generally
requiring residence on the site. (Ord. 12-95)
CARPORT - A roofed structure providing space for the parking or
storage of motor vehicles, but not fu1:Ly enclosed. (Ord. 12-95)
CEMETERY - Property used for the interring of the dead includinq
columbariums, crematoriums, mausoleums, and mortuaries when
operated in conjunction with and within the boundary of a
cemetery. (Ord. 12-95)
CENTERLINE - The centerline of a street as referred to in this
Code shall mean the right-of-way centerline as established by the
County Engineer of the County, by the City Engineer of any city
within the County, by the State Division of Highways of the State
of California. (Ord. 12-95)
CHURCH - An institution providing faci:lities for worship or the
assemblage of the public for worship, .including personal
counseling, education (church schools) , day care, and the
building or buildings where such activities take place. (Ord.
12-95)
CLINIC - An establishment where patients are admitted for
examination and treatment by one or more physicians, dentists,
psychologists or social workers and where patients are not lodged
overnight. (Ord. 12-95)
CLUB - A group of people organized for a common purpose to pursue
common goals, interests or activities and usually characterized
by certain membership qualifications, payment of fees and dues,
regular meetings, and a constitution and by-laws. (Ord. 12-95)
CLUSTER DEVELOPMENT - A development design technique that
concentrates buildings in specific areas on the site to allow the
remaining land to be used for recreation, common open space, and
preservation of environmentally sensitive features. (Ord. 12-95)
COMMERCIAL USE - An activity, normally retail sales, carried out
for monetary gain. (Ord. 12-95)
COI+II ION AREA - Land held in common and/or single ownership and not
reserved for the exclusive use or benefit of an individual tenant
or owner. (Ord. 12-95)
431 11/95)
ORANGE MUNICIPAL CODE
17. 04.022
COMMON FACILITY - A non-commercial use established primarily for
the benefit and enjoyment of the community in which it is
locatnd, typically utility or service use oriented. (Ord. 12-95)
COMMUNAL HOUSING - for non-family groups with common kitchen and
dininq facilities but without medical, psychiatric or other care
inclu<iing boardinghouses, lodging houses, dormitories,
fratexnity/sorority houses, communes, and religious homes. (Ord.
12-95;1
COMMUIIITY CARE FACILITIES - Any facili.ty, place or building where
non-medical care and supervision are provided for seven or more
persons (does not include the licensee or members of the
licen:aee's family or persons employed as facility staff) . (Ord.
12-95;1
COMMUNITY CENTER - A facility operated to provide recreational,
cultuxal or other similar activities. (Ord. 12-95)
CONDI'.CIONAL USE PERMIT - A zoninq instrument used primarily to
review the location, site development, or conduct of certain land
uses. These are uses which generally have a distinct impact on
the area in which they are located, or are capable of creating
special problems for bordering propert:ies unless given special
attention. A conditional use permit i.s granted at the discretion
of thEa Planning Commission or Zoning Administrator and is not the
autom<itic right of any applicant. (Ords. 12-95; 20-82 ; 13-65:
Prior Codes 17.86. 010 and 9114)
CONDOMINIUM - A building or group of buildings owned on a
propo^tional basis with a specific benefit of ownership being the
right to occupy an individual unit lor.ated within the
strucl=ure(s) . (Ords. 12-95; 38-80)
CONTR:CBUTING STRUCTURES - All pre-194Q buildings and structures
so id ntified in the City's Historic Building Znventory. (Ord.
12-95;1
CONVALESCENT FACILITY - A use providing bed care and in-patient
servic:es for persons requiring regular medical attention, and
persons aged or infirm unable to care for themselves, excluding
surgic:al or emergency medical services. (Ord. 12-95)
CONVALESCENT HOSPITAL - A facility providing long-term nursing,
dietary and other medical services to convalescents or invalids
but not providing surgery or primary t.reatments such as are
customarily provided in a hospital. A convalescent hospital must
be li<:ensed by the State as such. (Ord. 12-95)
11/9'i) 432
ORANGE MUNICIPAL CODE
17.04. 022--17. 04 .023
CONVENIENCE MARKET - A retail food market providing goods and
other services on an extended hour basis. (Ord. 12-95)
COOP - A coop is a place of confinement, usually in the form of a
cage or small enclosure, used in conjunction with the keeping of
birds. (Ords. 12-95; 20-82)
CORNER CUT-OFF - The triangular area r.reated by measuring from a
corner a given distance along each property line or driveway and
connecting the points at the end of those lines. (Ord. 12-95)
COUNTRY CLUB - A club organized and operated primarily for social
and outdoor recreation purposes, including incidental accessory
uses and structures. (Ord. 12-95)
CULTURAL RESOURCE - any structure, por.tion of a structure,
improvement, district, or any grouping of structures or
improvements related to one another by virtue of their sharing of
common characteristics or uses, and any natural feature,
landscape, site, area or object of scientific, aesthetic,
educational, cultural, architectural, landscape architectural,
archaeological, or historic significance to the citizens of the
City and the State of California, the Southern California region
or the Nation which is listed in the National Register or is
eligible for listing in the National Register. (Ord. 12-95)
CURB GRADE - The level of the established curb in front of a
building, as measured at the center of the frontage. (Ord. 12-95)
17.04. 023 "D" Definitions
DAY CARE CENTER - Any facility which provides nonmedical care for
an individual on less than a twenty-four hour basis including
child day care centers for thirteen or. more children. (Ord. 12-
95)
DAY NURSERIES - A facility where children are temporarily cared
for in their parents' absence when and if there is provided on
the lot or adjacent to the premises a play lot completely fenced,
and containing an area of not less than 900 square feet, plus an
additional 50 square feet for each child in excess of nine
children and subject to all safety precautions as required by the
Fire Department and Building Division. (Ords. 12-95; 20-82 ; 18-
76)
DEFENSIBLE SPACE - A physical space which is made usable and safe
by means of a design encouraging pedestrian circulation, visual
433 11/95)
ORANGE MUNICIPAL CODE
17.04. 023
accesa and the elimination of visually obstructed areas. (Ord.
12-95)
DEMOLITION - An act or process that destroys, moves, or razes in
whole or in part a building, structure, or site or permanently
impairs its structural or architectural integrity. (Ord. 12-95)
DENSIZ'Y - The number of families, individuals, dwelling units, or
housirig structures per unit of land. (Ord. 12-95)
DENSIZ'Y BONUS - A density increase of at least 25 over the
otherwise allowable residential density under the applicable land
use el.ement of the General Plan. (Ord. 12-95j
DENSITY TRANSFER - Permitting unused allowable densities in one
area t:o be transferred to another area while maintaining the
averaqe density over the aggregate land area. (Ord. 12-95)
DESIGrf - Design means: (1) architectural features; (2) street
alignments, grades and widths; (3) drainage and sanitary
facili.ties and utilities, including alignments and grades
therecif; (4) location and size of all required easements and
righte-of-way; (5) fire roads and fire breaks; (6) lot size and
conficluration; (7) traffic access; (8) grading; (9) land to be
dedicated for park or recreation purposes; and (10) such other
specif'ic requirements in the plan and configuration of the entire
projec:t as may be necessary or convenient to insure conformity to
or implementation of the General Plan or any adopted specific
plan. (Ord. 12-95)
DESIGNATION - The official listing and recognition of individual
cultural resources, landmarks, and districts which meet National
Regist:er criteria as to their significance to the city, region,
state, or nation's history or development. (Ord. 12-95)
DETACHED BUILDING - A building which does not have a wall of four
feet cir more in length in common with another building. (Ord.
12-95)
DEVELUPER - The person or firm who prepares acreage for
development and installs sufficient improvements to facilitate
further subdivision of the property and construction of
authorized uses. In the case of larger acreage there may be a
mastex• developer who sells property to several builders. With
smalle:r acreage, the developer may be the original land owner or
an in ividual builder. (Ord. 12-95)
DEVELCiPMENT PLAN - A map or maps, along with supporting text and
data, statistics or tables which describe the entitlement to use
11/95) 434
ORANGE MUNICIPAL CODE
17.04. 023
and associated conditions thereto authorized for a described
parcel of land, approved in accordance with the requirements of
the applicable Plan. (Ord. 12-95)
DEVEIAPMENT - The division of a parcel of land into two or more
parcels; the construction, reconstruction, conversion, structural
alteration, relocation or enlargement of any structure; any
mining, excavation, landfill or land disturbance, and any use or
extension of the use of land. (Ords. 12-95; 20-82)
DISCRETIONARY PROJECT - An activity which requires the exercise
of judgment, deliberation, or decision on the part of the public
agency in the process of approving or disapproving a particular
activity, as distinguished from situations where the public
agency merely has to determine whether there has been conformity
with statutes, ordinances or regulations. (Ord. 12-95)
DISTRIBUTION - A use engaged primarily in distribution of
manufactured products, supplies, and equipment, including
incidental storage and sales activities, but exclusive of bulk
storage of materials which are flammable or explosive.
Ord. 12-95)
DIVISION WALL - A masonry wall constructed between parking,
commercial or less restricted zones and the residential zones as
a condition precedent to the approval of a building plan or the
issuance of a Building Permit. (Ord. 12-95; Ref. Ord. 77-64:
Prior Code 17. 72 .010)
DRIVE-IN OPERATION - An operation or business in which any goods,
wares, merchandise, or services are sold and delivered to persons
while such persons are occupants of vehicles. (Ords. 12-95; Ref.
Ord. 5-71: Prior Code 9100.2711)
DRIVE-IN THEATERS - An outdoor movie theater where patrons view
movies or any other form of entertainment on a screen or stage
from their vehicles. (Ords. 12-95; 5-89)
DRIVEWAY - A private roadway of 100 feet or less in length
providing direct access for vehicles to a parking space, garage,
dwelling or other structure. (Ord. 12-95)
DUPLEX - A building containing two dwelling units. (Ord. 12-95)
DWELLING - A structure or portion ther.eof which is used
exclusively for permanent human habitation. (Ord. 12-95)
DWELLING, MULTIPLE-FAMILY - A building or portion thereof used
and/or designed as a residence with separate dwelling units for
435 11/95)
ORANGE MUNICIPAL CODE
17. 04. 023--17.04. 024
three or more households living independently of each other.
Ords. 12-95; 400: Prior Code 17.04.230 and 9100. 18)
DWELL]:NG, SINGLE-FAMILY - An attached or detached building not to
contai.n more than one kitchen which, regardless of form of
owner:ohip, is designed and/or used to house not more than one
houseYiold. (Ords. 12-95; 400: Prior Codes 17. 04.240; 9100.15)
DWELL]:NG, TWO-FAMILY - A building not containing more than two
kitchFns designed and/or used to house not more than two
houseYiolds living independently of each other. (Ords. 12-95;
400: Prior Codes 17.04.250 and 9100. 16)
DWELL]:NG UNIT - One or more rooms designed, occupied or intended
for oc:cupancy as separate living quarters, with cooking, sleeping
and szinitary facilities provided within the dwelling unit for the
exclu:cive use of a single household. (Ord. 12-95)
7. 04. 024 "E" Definitions
EASEMF.NT - A grant of one or more of the property rights by the
propei-ty owner to, and/or for the use by the public, a
corpor.ation or another person or entity. (Ord. 12-95)
EAVES - The projecting lower edges of a roof overhanging the wall
of a building. (Ord. 12-95)
ELEVA7'ION - A flat scale drawing of the front, rear or side of a
buildi.ng or structure. (Ord. 12-95)
ENCIA:tED - A covered space fully surrounded by walls, including
windows, doors, and similar openings or architectural features,
for a space of not less than 100 square feet fully surrounded by
a buil.ding or walls exceeding eight feet in height. (Ord. 12-95)
ENTER7'AINMENT ESTABLISHMENT - An establishment such as a night
club, cabaret, or similar facility which provides live
entert:ainment for an audience of 50 or more persons, whether or
not al.coholic beverages are served on the premises. (Ord. 12-95)
ENVIRG)NMENTAL IMPACT REPORT (EIR) - A detailed statement setting
forth the environmental effects and considerations pertaining to
a project as specified in Section 21100 of the California
Envirnnmental Quality Act, and may mean either a draft or a final
EIR. (Ord. 12-95)
EQUE57'RIAN FACILITY - A structure or area, the use of which is
devoted to activities involving horses, including mules, donkeys,
and jackasses. (Ord. 12-95)
11/9'_i) 436
ORAZiG`.. `lRS1 ZC14A CAO.
17. 04. 024--17. 04. 025
EQUIPMENT RENTAL YARD OR CO23`1`RACTOR YARD - A use provi3ing Yor
maintenance, servicing, or storage of motor vehicles, equipment,
or supplies; or for the dispatchinq of service vehicles; or
distribution of supplies or construction materials required in
connection with a business activity, public utility service,
transportation services, or similar activity. The term
contractor yard" shall include a construction materials yard,
vehicular service center, or similar use. (Ord. 12-95)
17. 04. 025 "F" Definitions
FACADE - The exterior wall of a building exposed to public view
or that wall viewed by persons not within the building. (Ord.
12-95)
FAMILY - One or more persons related b,y blood or legal status or
a gzonp of rot moYe t`nan six peYsors w`Lio aYe ro. ao ze.1a..,
living together as a single housekeepinq unit in a dwellinq unit.
Ords. 12-95; 61-64: Prior Code 17. 04.260)
FAMILY DAY CARE HOME, LARGE - A sinqle-family dwelling with the
accessory daytime care of seven to 12 children. (Ord. 12-95)
FAMILY DAY CARE HOME, SMALL - A single-family dwelling with the
accessory daytime care of one to six c.hildren. (Ord. 12-951
FIAOD PLAIN ZONE - AREA OF SHALZAW FLOODING - A designated AH,
AO, or VO zone on the Flood Insurance Rate Map F.L.R.LK. ia
which: (1) The base flood depths range from one to three feet;
2) A clearly defined channel does not exist; and (3) The path of
floodinq is unpredictable and inde.te.LmiC t+a.. Qcds, 12-45; Z.cl-BZ`
FIAOD PLAIN ZONE - AREA OF SPECIAL FLOOD HAZARD - The land in the
flood plain withir a commuoity soUje.ct. to a a R.. .ccsa.t. o c.
greater chance of flooding in any given year. (Ords. 12-95;20-82)
FIAOD PS AIti 'LOtiE - ASB Zi.YJO - A floa3.'ia», a o.csz.-.
chance of being equaled or exceeded in any given year. (Ords.
12-95; 20-82)
FLOOD PLAIN ZONE - BREAKAWAY WALLS - Any type of walls, whether
solid or lattice; and whether constructed of concrete, masonry,
wood, metal, plastic or any o lnex suik.able biizlaing matieiza,
which are not part of the structural support of the building and
which are so designed as to break away, under abnormally high
tides or wave action, without damage to the structural in'tegri'ty
of the building on which they are used or any buildings to which
they miqht be carried by flood waters. (Ords. 12-95: 20-82Z
437 21/95)
ORANGE MUNICIPAL CODE
17. 04.025
FLOOD PLAIN ZONE - COASTAL HIGH HAZARD AREA - The area subject to
high v elocity waters, including but not limited to, tsunamis.
The area is designated on a F.I.R.M. as Zones V and VI-30.
Ords. 12-95; 20-82)
FIAOD PLAIN ZONE - FLOOD - A general and temporary condition of
partia.l or complete inundation of normally dry land area from:
i) th e overflow of inland or tidal waters; (2) the unusual and
rapid accumulation of runoff of surface waters from any source;
and/oz (3) mud slides (i.e. , mud flows) which are proximately
caused or precipitated by accumulations of water above or under
the ground. (Ords. 12-95; 20-82)
FIAOD PLAIN ZONE - FIAOD, DESIGN - That flood against which
protec:tion is to be provided by means of land use regulation,
flood protective or flood control works. The design flood shall
be the: 100-year recurrence interval (base flood) . (Ords. 12-95;
20-82)
FLOOD PLAZN ZONE - FLOOD HAZARD AREA - An area having special
flood mudslide (i.e. , mudflow) and/or flood-related erosion
hazardls, as shown on a Sectional District Map, Flood Insurance
leasedl, let or hired out to be occupied, or which is occupied, at
the hc me or residence of three or more families living
indepe:ndently of each other, with provisions for doing their own
cookirig in said building. (Ords. 12-95; 20-82)
FLAOD PLAIN ZONE - FIAOD INSURANCE RATE MAP (F.I.R.M. ) AND FIAOD
BOUNDP.,RY FLOODWAY MAP - The official maps on which the Federal
Insuramce Administration has delineated both the areas of special
flood hazards and the risk premium zones applicable to the
commuriity. (Ords. 12-95; 20-82)
FIAOD PLAIN ZONE - FIAOD INSURANCE STUDY - The Federal Insurance
Admini.stration "Flood Insurance Study for Orange County, Un-
incorporated Areas, " dated March 15, 1979, providing flood
profil.es, as well as the boundaries and the water surface
elevat:ions of the base flood, including the Flood Boundary and
F1oodF ay Map incorporated therein. (Ords. 12-95; 20-82)
FIAOD PLAIN ZONE - FIAOD PROOFING - Any combination of structural
and ncin-structural additions, changes or adjustments to
struct:ures which reduce or eliminate flood damage to real estate
or improved real property, water and sanitary facilities,
struct:ures and their contents. (Ords. 12-95; 20-82)
FLAOD PLAIN ZONE - FIAOD PROTECTION SYSTEM - Those physical
struct:ural works for which funds have been authorized,
appropriated, and expended and which have been constructed
11/95)438
ORANGE MUNICIPAL CODE
17 .04. 025
specifically to modify flooding in order to reduce the extent of
the area within a community subject to a "special flood hazard"
and the extent of the depths of associated flooding. Such a
system typically includes hurricane tidal barriers, dams,
reservoirs, levees or dikes. These specialized flood modifying
works are those constructed in conformance with sound engineering
standards. (Ords. 12-95; 20-82)
FLOOD PLAIN ZONE - FIAOD RELATED EROSION - The collapse or
subsidence of land along the shore of a lake or other body of
water as a result of erosion or undermining, caused by waves or
currents of water exceeding anticipated cyclical levels, or
suddenly caused by an unusually high water level in a natural
body of water, accompanied by a severe storm, or by an
unanticipated force of nature, such as flash flood or by an
abnormal tidal surge, or by some similarly unusual and
unforeseeable event which results in flooding. (Ords. 12-95; 20-
82)
FLOOD PLAIN ZONE - FIAODWAY - The channel or a river or other
watercourse and that part of the flood plain reasonably required
to discharge the design flood without cumulatively increasing the
water surface elevation more than one foot at any point assuming
equal conveyance reduction outside the channel from the two sides
of the flood plain. (Ords. 12-95; 20-82)
FIAOD PLAIN ZONE - FIAODWAY FRINGE - Z'he area between the 100-
year flood boundary and the Floodway shown on the Flood Boundary
and Floodway Map incorporated in the Flood Insurance Study.
Ords. 12-95; 20-82)
FIAOD PLAIN ZONE - FiAODWAY, REGULATORY - The area designated as
the "floodway" on the official Federal Insurance Administration
Flood Boundary and Floodway Maps incorporated in the Flood
Insurance Study for the County of Orange. (Ords. 12-95; 20-82)
FLOOD PLAIN ZONE - HABITABLE FIAOR - Any floor usable for living
purposes, which includes working, sleeping, eating, cooking or
recreation, or a combination thereof. A floor used only for
storage purposes is not a "habitable f'loor. " (Ords. 12-95; 20-82)
FLOOD PLAIN ZONE - STRUCTURE - Anything constructed or erected
requiring a fixed location on the ground or attached to something
having a fixed location on the ground except business signs and
other improvements of a minor character. For flood plain
management purposes, "structure" mean a walled and roofed
building, including a gas or liquid st.orage tank that is
principally above ground, and includes a mobile-home. (Ords. 12-
95; 20-82)
439 11/95)
ORANGE MUNICIPAL CODE
17.04. 025--17. 04 .026
FIAOR AREA, GROSS - The total horizontal area, in square feet,
inclucling the exterior walls of all floors of a structure. (Ord.
12-95)
FIAOR AREA RATIO (F.A.R. ) - The building square footage divided
by lot: area. Building square footage shall include all
struct:ures on a lot, including garages and accessory structures,
unless otherwise provided in this Code. (Ord. 12-95)
FRONT GE - The length of that portion of a lot abutting a street.
Ord. 12-95)
7.04. 026 "G" Definitions
GARAGF: - A deck, building or structure, or part thereof, used or
intended to be used for the parking and storaqe of vehicles.
Ords. 12-95; 400: Prior Code 17. 04.270)
GENER L PLAN - The adopted General Plan of the City of Orange
which is the official statement of policy relative to physical
develc pment within the City boundaries. (Ord. 12-95)
GRADE, NATURAL - The elevation of the ground surface in its
naturail state, before man-made alterations. (Ords. 12-95; 20-82 ;
723 : kef. Code 12 .04.010)
GRADING, CONTOUR - A grading concept designed to result in
earthf°orms and contours which resemble natural terrain
charac:teristics, with generally curving, non-linear slope banks
havinc variations in the slope ratios of the horizontal and
vertic:al curves. (Ord. 12-95)
GRANrfY" HOUSING - Refer to Accessory Second Housing Unit.
GROUP HOME - Any residential care facility for six or fewer
persoris who are mentally disordered or otherwise handicapped or
supen ised and where such a facility is licensed by the State.
Ord. 12-95)
GUEST PARKING - Parking spaces provided with a residential unit
for iritermittent use by visitors. (Ord. 12-95)
GUEST ROOM - Any rented or leased room which is used or desiqned
to provide sleepinq accommodations for one or more guests in
apartments, hotels, motels, private clubs, lodges, and fraternal
organi.zations. (Ord. 12-95)
11/95) 440
ORANGE MUNICIPAL CODE
17.04. 027
17. 04.027 "H" Definitions
HANDICAPPED HOUSING - Any housing which is designed and
physically improved to accommodate physically handicapped
persons. (Ord. 12-95)
HEALTH FACILITY - Any facility, place or building which is
organized, maintained, and operated for the diagnosis, care,
prevention, and treatment of human illness, physical or mental.
For a complete definition, refer to Section 1250 of the
California Health and Safety Code. (Ord. 12-95)
AISTORIC BUILDZNG INVENTORY - The list of nominated cultural
resources worthy of preservation within the City which have been
identified in the 1982 Historic Survey as commissioned by the
City. The updated 1992 Historic Inventory includes both an
update of contributing structures and non-contributing buildings
within the Old Towne Square Mile Distr:ict, and potential
landmarks within the City. (Ord. 12-95)
HISTORIC DISTRICT - A geographically definable area which: a)
possesses a significant concentration, linkage or continuity of
sites, buildings, improvements or objects united by past events,
architectural style or design, or aesthetically by plan or
physical development, and b) is comprised of individual elements
separated geographically but linked by association or history.
Ord. 12-95)
HISTORIC PROPERTY - A separate structure or site fifty years old
or older that has significant historic, architectural, or
cultural value but is not a landmark. (Ord. 12-95)
HOME OCCUPATION - Any accessory activity carried out for
financial gain which is conducted within a dwelling unit or an
accessory structure to the unit. The principal use of the
dwelling unit must be a residential use, and the home occupation
must be incidental to the residential use of the dwelling unit.
Home occupation activities shall involve the use of materials and
equipment only found customarily in a residential unit. (Ords.
12-95; 3-93 ; 12-80; 35-79; 15-69: Prior Code 17.04.290)
HOMEOWNERS ASSOCIATION - A community association which is
organized within a development in which individual owners share
common interests and responsibilities for open space,
landscaping, and/or facilities. (Ord. 12-95)
HOSPITAL - An institution consisting of a facility licensed by
the State Department of Public Health for the provision of
441 11/95)
ORANGE MUNICIPAL CODE
17.04. 027--17.04.029
clinical, temporary or emergency service of a medical,
obstet:rical or surgical nature to human patients, including
overni.ght care of patients. (Ord. 12-95)
HOT DOG VENDING CART - A portable, non-motorized device,
operat:ing outside of a building, from which a vendor primarily
sells hot dogs. (Ords. 12-95; 22-92)
HOTEL - A residential building designed or used to be rented for
transi.ent occupancy by guests for dwelling, lodging, or sleeping
purpos;es containing six or more guest rooms or suites of rooms
not ccintaining cooking facilities, but not including any building
in whi.ch human beings are housed or detained under legal
restr int or which is used as a drug or other rehabilitation
centex•. (Ords. 12-95; 20-82 ; 400: Prior Code 17.04.030)
7.04. 028 "I" Definitions
IMPROVEMENT - Any building, structure, wall fences, steps,
paving, gate, sign, light, general arrangement of place or area,
the ki.nd of texture or quality of building material, landscaping,
hardscape, or work of art or other object which may be erected
upon or proposed to be erected upon any specific real estate.
Ord. 12-95)
INSTITUTIONAL USE - A non-profit or quasi-public use of
instit:ution such as a church, library, public, or private school,
hospit:al, or municipally owned or operated building, structure or
land, used for public purpose. (Ord. 12-95)
INTERI:OR STREET - A private drive or lane having a designated
speed of 25 mph or less which affords circulation and access
withiri a residential development of attached or multi-family
dwelli.ng units. (Ord. 12-95)
INTERN[EDIATE CARE FACILITY - Similar to Residential Care
Facili.ty, but greater levels of care and supervision are
provicled, including up to 40 hours of nursing care per week.
Such z facility requires State licensing and is not considered
senicir citizen housing" for the purposes of this Title.
Ord. 12-95)
7.04. 029 "J" Definitions
NNK C R SALVAGE YARD - Any area, lot, parcel, building or
struct:ure or part thereof used for the storage, collection,
proces;sing, purchase, sale or abandonment of wastepaper, rags,
11/95) 442
ORANGE MUNICIPAL CODE
17.04. 029--17. 04.031
scrap metal, or other scrap or discarded goods, materials,
machinery or two or more unregistered, inoperable motor vehicles
or other type of junk. (Ord. 12-95)
17.04.030 NK" Definitions
KENNEL - An establishment in which four or more domesticated
animals, more than four months old, are housed, groomed, bred,
boarded, trained or sold. (Ords. 12-95; 16-65: Prior Code
17.04. 310)
KITCHEN - A room or portion thereof containing facilities
designed or used for the preparation of food, including a sink
and cooking facilities such as a stove, oven, microwave oven,
range and/or hot plate. (Ords. 12-95; 400: Prior Code
17. 04 . 030)
17. 04.031 "L" Definitions
LAND USE PLAN - A plan showing the existing and proposed
location, extent and intensity of development of land to be used
in the future for varying types of res:idential, commercial,
industrial, agricultural, recreational, educational and other
public and private purposes or combination of purposes. (Ord.
12-95)
LANDMARK - any site or improvement, manmade or natural, which has
special character or special historica:l, cultural, architectural,
archeological, community or aesthetic value as part of the
heritage of the city, region or the United States. (Ord. 12-95)
LANDSCAPING - An area devoted to or developed and maintained
predominantly with native or exotic plant materials including
lawn, ground cover, trees, shrubs, and other plant materials; and
also including accessory decorative outdoor landscape elements
such as pools, fountains, paved or decorated surfaces (excluding
driveways, parking, loading, or storage areas) . (Ord. 12-95)
LANDSCAPING PLANS - A plan which indicates the type, size and
location of vegetative and accent material proposed for the
landscaping of a site including all irrigation and other devices
necessary to maintain such landscaping. (Ord. 12-95)
LOADING SPACE - An off-street space or berth on the same lot with
a building or contiguous to a group of buildings for the
temporary parking of a commercial vehicle while loading or
443 11/95)
ORANGE MUNICIPAL CODE
17.04. 031
unloa ing merchandise or materials and which abuts upon a street,
alley, or other appropriate means of access. (ord. 12-95)
LACAL REGISTER - the list of properties located within the City
that c:omprise the list of designated cultural resources and
histoY•ic districts. (Ord. 12-95j
IADGING HOUSE - A house with guest rooms where lodging is
provi ed for compensation and where meals are not served. (Ord.
12-95)
IAT - Land which abuts upon at least one public street, or any
numbered or otherwise designated parcel of land shown on: (1) a
recorded tract map, (2) a record of survey map recorded pursuant
to an approved division of land, or (3) a parcel map. (Ords. 12-
95; 20-82 ; 62-64: Prior Code 17.04. 330)
IAT, C'ORNER - A lot or parcel of land abutting upon two or more
street:s at their intersection, or upon two parts of the same
street: forming an interior angle of less than 135 degrees. (Ords.
12-95; 400: Prior Code 17. 04. 340)
IAT, C L-DE-SAC - A lot which is adjacent to a cul-de-sac as
define d in Standard Plan No. 109 of the Department of Public
Works Plans and Specifications, January 1981 edition. (Ords. 12-
95; 22-78: Ref. Code 16. 16. 030)
LOT, f'LAG - A lot having access to a street by means of a private
driveGray access easement, or parcel of land not meeting the
requiz•ements of this Code for lot width, but having a dimension
of at least 20 feet at its narrowest point. (Ord. 12-95)
IAT, F'RONTAGE - The distance between the side lot lines measured
at the: front setback line on a line parallel with the street
propex•ty line. (Ord. 12-95)
IAT, I:NTERIOR - A lot other than a corner lot. (Ords. 12-95;
400: Prior Code 17. 04. 350)
IAT, I+Y - The first interior lot to the rear of a reversed
corner• lot which is not separated therefrom by an alley. (Ord.
12-95)
LOT, N[JCKLE - A lot adjacent to a street knuckle as defined in
Standard Plan 110 of the Department of Public Works Plans and
Specif'ications, January 1981 edition. (Ords. 12-95; 20-82)
11/95) 444
ORANGE MUNICZPAL CODE
17 .04.031--17.04. 032
LOT, REVERSED CORNER - A corner lot in which the side lot line is
substantially a continuation of the front lot line of the nearest
lot to its rear. (Ord. 12-95)
LOT, SUSSTANDARD - Any lot which does not meet the minimum
dimensions, the area of any easement which restricts the normal
usage of the lot may be excluded. (Ord. 12-95)
ZAT, THROUGH - A lot which fronts upon two streets which do not
intersect at the boundaries of the lot. (Ords. 12-95; 400: Prior
Code 17.04. 360)
IAT AREA, NET - The area within the property lines of a parcel
exclusive of any dedications for public rights-of-way, parks and
school sites. (Ord. 12-95)
IAT COVERAGE - The area devoted to the principal and accessory
structures, patios enclosed on three s:ides, garages, and covered
parking. (Ord. 12-95)
IAT DEPTH - The average linear measurement between the front and
rear lot lines when measured at 90 degree angles from the front
lot line. (Ord. 12-95)
LOT LINE - The lines bounding a lot as defined herein. (Ord. 12-
95)
IAT LINE, FRONT - The line separating the narrowest street
frontage of the lot from the street right-of-way. (Ord. 12-95)
IAT LINE, REAR - The lot line opposite and most distant from the
front lot line; or in the case of an irregularly shaped lot, a
straight line not less than ten feet long, within the lot, and
most nearly parallel to and at the maximum distance from the
front lot line. (Ord. 12-95)
IAT LINE, SIDE - Any lot lines other than the front or rear lot
lines. (Ord. 12-95)
IAT WIDTH - The average linear distance between side lot lines
when measured at a 90 degree angle to the front lot line. (Ord.
12-95)
17 .04. 032 "M" Definitions
MANUFACTURED HOME - A structure designed for single-family
residential use that is factory made and assembled on-site.
Ord. 12-95)
445 11/95)
ORANGE MUNICIPAL CODE
17.04. 032
MANUF CTURING - A use engaged in the manufacture, predominantly
from previously prepared materials, of finished products or
parts, including processing, fabrication, assembly, treatment,
and packaging of such products, and incidental processing of
extrac:ted or raw materials. (Ord. 12-95)
MAP AC:T - The Subdivision Map Act of the State of California.
Ord. 12-95)
MARQUE:E - A permanent roof structure attached to and supported on
a buil.ding projecting over a building setback line. (Ord. 12-95)
MAXIMLfM LAT (BUILDING) COVERAGE - The maximum area of the lot
that may be covered by buildings, roofed structures and patios
encloeoed on three sides. This may be expressed in square footage
or as a percentage of the minimum lot area. (Ord. 12-95)
MERGEFt - The joining of two or more contiguous parcels of land
under one ownership into one parcel pursuant to the Subdivision
Map Ac:t. (Ord. 12-95)
MILLS ACT - Provides property tax relief for owners of qualified
historic properties who agree to comply with certain preservation
restri.ctions. (Ca. Gov. Code Sections 90280-50289) , (Revenue and
Tax Code Number Sections 439.2-439.4) (Ord. 12-95)
MINI-PTAREAOUSE - A structure containing separate storage spaces
of vaiying sizes, leased or rented on an individual basis.
Ord. 12-95)
MINIMLfM BUILDING PAD - The minimum land area in square feet
required within a lot which constitutes an acceptable building
pad. (Ord. 12-95)
MINIMCfM NET IAT AREA - The amount of land that must be contained
in a ].ot for each dwelling unit to be built on that lot. This
ratio is typically applied in multiple family zones. In single
famil} zones, it is the same as minimum lot size. (Ord. 12-95)
MIXED USE - The development of a tract of land or building or
struct:ure with two or more different uses such as, but not
limite d to, residential, office, manufacturing, retail, public,
or ent:ertainment, in a compact urban form. (Ord. 12-95)
MOBILE: HOME - A detached structure intended for single-family
dwelli.ng with all of the following characteristics:
A. L)esigned for long term occupancy, and containing sleeping
ziccommodations, a flush toilet, a tub or shower bath, and
11/9P) 446
ORANGE MUNICIPAL CODE
17.04. 032--17. 04.033
kitchen facilities, with plumbing and electric connections
provided for attachment to an outside system;
B. Designed to be transported after fabrication on its own
wheels, or on a flat bed or other trailer or detachable
wheels; mobile homes do not move by means of an internal
power source;
C. Delivered to the site where it is to be occupied as a
complete dwelling, including major appliances and furniture,
and ready for occupancy except for minor and incidental
unpacking and assembly operations, location on foundation,
connections to utilities and other incidental preparations
for occupancy. (Ords. 12-95; 20-82; 38-73: Prior Code
17.04. 370)
MOBILE HOME PARK - Any area or tract of land which accommodates
two or more mobile homes used for human habitation. (Ords. 12-
95; 38-73: Prior Code 17. 04.380)
MOTEL - An establishment otherwise def:ined as a hotel with at
least 25 of all rooms having direct access to the parking areas
without the necessity of passing through the main lobby of the
building. (Ords. 12-95; 20-82 ; 400: Prior Code 17 .04 . 300)
MOTOR VEHICLE - A machine capable of self-propulsion, with or
without human guidance, whether for the performance of work or as
a mode of transportation. (Ord. 12-95)
MULTI-PHASE DEVELOPMENT - A development project that is
constructed in increments, each increment capable of existing
independently of the other. (Ord. 12-95)
17.04. 033 "N" Definitions
NATIONAL REGISTER - The National Register of Historic Places
maintained by the Secretary of the Interior under authority of
the Historic Sites Act of 1935 and the National Historic
Preservation Act. (Ord. 12-95)
NOMINATED RESOURCE - Those structures, buildings, places, urban
design features and other objects for which application for
designation has been made. (Ord. 12-95)
NONCONFORMING LAND - A parcel the size, dimensions or use of
which was lawful prior to the adoption, revision or amendment to
a zoning ordinance, but which fails by reason of such adoption,
447 11/95)
ORANGE MUNICIPAL CODE
17. 04.033--17.04.034
revisi.on or amendment, to conform to the present requirements of
the zaning district. (Ords. 12-95; 20-82)
NONCO FORMING STRUCTURE - A structure or building the size,
dimens ions or location of which was lawful prior to the adoption,
revisi.on or amendment to a zoning ordinance, but which fails by
reasor.i of such adoption, revision or amendment, to conform to the
preser.it requirements of the zoning district. (Ord. 12-95)
NONCO FORMING USE - A use or activity which was lawful prior to
the a option, revision or amendment to a zoning ordinance, but
which fails, by reason of such adoption, revision or amendment,
to cor.iform to the present requirements of the zoning district.
Ords. 12-95; 20-82)
NONCO TRIBUTING BUILDINGS - Buildings within the Old Towne Square
Mile h istoric district which do not contribute to the district
because the buildings are contemporary in architectural style and
are less than 50 years old. (Ord. 12-95)
NURSI G HOME - An extended or intermediate care facility licensed
or approved to provide full-time convalescent or chronic care to
indivi.duals who, by reason of advanced age, chronic illness or
infiraiity, are unable to care for themselves. (Ord. 12-95)
7. 04. 034 "O" Definitions
OFF-SZ'REET PARKING SPACE - A parking area for a motor vehicle
that i.s not located on a dedicated street right-of-way.
Ord. 12-95j
OFFICE;, PROFESSIONAL - A use providing professional or consulting
servic:es in the fields of law, medicine, architecture, design,
engineerinq, accountinq, reading of palms, and similar services.
Ord. 12-95)
ON-STF.EET PARKING SPACE - A short term parking area for a motor
vehicl.e which is located on a dedicated street right-of-way.
Ord. 12-95)
OPEN S PACE, ACTIVE - Any parcel or area of land or water set
aside, dedicated, designated, reserved or developed for public or
privat:e use which may contain recreational facilities such as
pools and swimming areas, court and other game areas, playing
fields; and equipment facilities for various activities.
Ord. 12-95)
11/95)448
ORANGE MUNICIPAL CODE
17.04. 034
OPEN SPACE, COMMON - Land within or re3ated to a development,
neither individually owned nor dedicated for public use, which is
intended for the common use or enjoyment of the residents of the
development and may include such complementary structures and
improvements as are necessary and appropriate. (Ord. 12-95)
OPEN SPACE, PASSIVE - Any parcel or area of land or water set
aside, dedicated, designated, reserved or developed for public or
private use or enjoyment which is established in order to
preserve the natural and aesthetic qualities of the area and may
be used for non structured recreational activities. (Ord. 12-95)
OPEN SPACE, PRIVATE - An open space, fenced or otherwise, which
is reserved for the exclusive use by the occupants of a single
specified dwelling unit. (Ord. 12-95)
OPEN SPACE, PUBLIC - Open space owned by a public agency and
maintained by it for the use and enjoytttent of the general public.
Ord. 12-95)
OPEN SPACE, USABLE - Any space on a lot not enclosed by buildings
and intended for recreation and leisure uses. Usable open space
includes yards, courtyards, balconies, decks, porches, and patios
but does not include driveways, parking spaces or side yards less
than eight feet in width. In multiple family developments,
indoor recreation areas may count toward the usable open space
requirement. (Ord. 12-95)
OUTDOOR ADVERTISING STRUCTURE - A structure of any kind or
character erected or maintained for outdoor advertising purposes,
upon which any outdoor advertising sign or other advertising
device may be placed. (Ord. 12-95)
OVERHANG, VEHICLE - The portion of a parking space for a vehicle
that extends beyond the wheel stops or curb. (Ord. 12-95)
OVERLAY DISTRICT - A district established by this ordinance,
which may be applied to an area or vicinity only in combination
with a base district. (Ord. 12-95)
OVERLAY ZONE - A set of zoning requirements that is described in
the text of the Orange Municipal Code, is mapped and is imposed
in addition to those requirements of the underlying district.
Ord. 12-95)
OWNER OF PROPERTY - The owner of record on any parcel of real
property as listed on the county assessor's tax roll, or a holder
of a subsequently recorded deed to the property. (Ord. 12-95)
449 11/95)
ORANGE MUNICIPAL CODE
17.04. 034--17.04 .035
OWNER'S AUTHORIZED AGENT - Any person authorized to act for the
owner of a property by virtue of a notarized statement of
authoz•ization, a proof of contract to purchase or a lease to the
property. (Ord. 12-95)
1.7.04.035 ^P" Definitions
PAD, BUILDING - The relatively flat buildable portion of a lot,
not ex:ceeding a five percent grade, created with the original
subdivision. Retaining walls used to increase pad size shall not
excee three feet in overall height as measured from top of
wall ' foundations to top of wall. (Ord. 12-95)
PARAPE;T - The vertical extension of external walls of a building
that i•ise above the roof level. (Ord. 12-95)
PARCEI - An area of land, the boundaries of which have been
legall.y established in conformance with the state Subdivision Map
Act. (Ord. 12-95)
PARCEI, MAP, TENTATIVE - A map made for the purpose of showing the
desigri and improvement of a proposed subdivision which need not
be ba;ed upon an accurate or detailed final survey of the
propeY•ty. (Ord. 12-95)
PARCEI, MAP, VESTING - A map which meets the requirements of
Sectic n 66452 State Planning Law and confers a vested right to
develc p. (Ord. 12-95)
PARKING - The stopping or stationary location of a vehicle
withouit the operator present. (Ord. 12-95)
PARKING AREA, PRIVATE - An area, other than a street, designed or
used primarily for the parking of private vehicles and not open
to ger.ieral public use. (Ord. 12-95)
PARKING AREA, PUBLIC - An area used for the parking of vehicles
and av ailable for general public use, either free or for
remune:ration. (Ord. 12-95)
PARKZNG SPACE - An area with minimum dimensions as established in
the parking standards for a district, which is accessible and
avail ble for the parking of one vehicle. (Ord. 12-95)
PARKS, POBLIC - An open space intended for public recreational
use wtiich is operated by the City, County or State. (Ord. 12-95)
11/95) 450
ORANGE MUNICIPAL CODE
17.04 .035
PAWN SHOP - An establishment wherein a person or entity lends
money on personal property pledged to such person or entity, or
deposited with such person or entity as security until redeemed
or, if unredeemed, an establishment where such property is
displayed and sold. (Ord. 12-95)
PERMITTED USE - Any use allowed in a zoning district by right and
subject to the restrictions applicable to that zoning district.
Ord. 12-95)
PLANNED UNIT DEVEIAPMENT - A development established to provide
an alternative to standard residential development wherein the
existing General Plan densities are preserved but flexibility is
provided by allowing the clustering of units and combining of
open space, recreation areas and roadways under common ownership.
Ords. 12-95; 20-82)
PLAZA HISTORIC DZSTRICT - The City's original commercial hub of
Historic Structures dating from the 1880 's to the 1930's which
surround the central public square and circular Plaza at Glassell
Street and Chapman Avenues as designated in the National
Register. The Plaza District was listed on the National Register
on March 19, 1982 . (Ord. 12-95)
PLOT PLAN - A diagram of a lot, as seen from above, showing the
outline of all structures on the lot and indicating the distance
of the structures from the borders of the lot. (Ord. 12-95)
PRELIMINARY SITE PLAN - A preliminary plan developed to identify
the location and general relationships between: land uses,
improvements, structures, circulation systems, landscaping and
design elements. (Ord. 12-95)
PRIVATE CLUB - A building and related facilities owned or
operated by a corporation, association, or group of individuals
established for the fraternal, social, educational, recreational
or cultural enrichment of its members and not primarily for
profit, and whose members share common interest or pay dues.
Ord. 12-95)
PUBLIC SERVICES OFFICES OR USES - Those offices or uses
established by any governmental or public entity which are
established to provide direct service to the public at a
particular location. Examples of public service offices and uses
include, but are not limited to, the following:
A. Department of Social Welfare;
B. Department of Motor Vehicles;
C. Department of Human Resources Development;
451 11/95)
ORANGE MUNICIPAL CODE
17.04. 35--17. 04. 037
D. Internal Revenue Service;
E. Social Security Administration;
F. J'ails and similar detention facilities;
G. Hospitals established and maintained by public entities;
H. C'ourts. (Ords. 12-95; 15-73 : Prior Code 17. 04 .410)
PUBLIC' UTILITY STRUCTURE - Any substation, equipment housing
buildi.ng, or similar structure used or operated by a public
utilit.y. (Ord. 12-95)
1.7. 04. 036 "O" Definitions
QUARRY" - A place where rock, ore, stone and similar materials are
excavated. (Ord. 12-95)
QUASI-PUBLIC - A use owned or operated by a non-profit, religious
or cha.ritable institution and providing education, cultural,
recrea.tional, religious or similar types of public programs.
Ord. 12-95)
1.7.04. 037 "R" Definitions
REBUII,D - To undertake construction within and/or on an existing
buildi.ng which has a valid construction permit with a
constrvction value greater than 75 of the replacement cost of
the ex:isting building being rebuilt. (Ord. 12-95)
RECREP.,TIONAL TRAIL - A multi-purpose pathway designated and
mainta,ined for use by equestrians, hikers, and bicyclists.
Motori.zed vehicles are restricted from recreational trails.
Ord. 12-95)
RECREP.,TIONAL VEHICLE - A trailer or motorized vehicle that is
intendled for recreational, camping and travel use, including but
not li.mited to truck campers, camping trailers, self-propelled
motor homes, all-terrain vehicles and boats. (Ord. 12-95)
RECRERTIONAL VEHICLE PARK - An area used or intended to be used
for ca mping by Recreational Vehicles. (Ords. 12-95; 20-82 ; 400:
Prior Code 17.04. 090)
RECYCI,ING FACILITIES - A facility that is not a junkyard and in
which recoverable resources, such as newspapers, magazines,
books, and other paper products; glass, metal cans; and other
produc:ts are recycled, reprocessed, and treated to return such
produc:ts to a condition in which they may again be used for
produc:tion. (Ords. 12-95; 7-89)
11/95) 452
ORANGE MUNICIPAL CODE
17.04. 037
RESIDENTIAL CARE FACILITY - Any family home, group care facility
or similar facility as determined by the Director of the State
Department of Social Services which provides 24 hour non-medical
services, supervision or assistance essential for sustaining the
activi.ties of daily living or for the protection of the
individual. Such facilities require State licensing and are not
considered "senior citizen housing" for the purposes of this
Title. (Ord. 12-95)
RESOURCE RECOVERY - The process of obtaining materials or energy,
particularly from solid waste. (Ord. 12-95)
REST HOME - An extended or intermediate care facility licensed or
approved to provide full-time convalescent or chronic care to
individuals who, by reason of advanced age, chronic illness or
infirmity, are unable to care for themselves. (Ord. 12-95)
RESTAURANT - An establishment where food and beverages are
prepared, served and consumed primarily within the principal
building. (Ords. 12-95; 5-71: Prior Code 17 . 04 .430)
RESTAURANT, DRIVE-IN - A building or portion thereof where food
and/or beverages are sold in a form ready for consumption and
where all or a significant portion of the consumption takes place
or is designated to take place outside the confines of the
building, often in a motor vehicle. (Ords. 12-95; 5-71: Prior
Code 17. 04.420)
RESTAURANT, FAST FOOD - A restaurant which supplies food and
beverages primarily in disposable containers and which is
characterized by high automobile accessibility, self-service and
short stays by customers. (Ord. 12-95)
RETAIL - The selling of goods, wares or merchandise directly to
the ultimate consumer. (Ord. 12-95)
RIGHT-OF-WAY - A corridor, either public or private, on which a
right of passage has been recorded. (Ord. 12-95)
ROOM -- An area of a building fully enc.losed by walls, windows,
and/or doors, and a roof and floor. (Ord. 12-95)
ROOM, PRIMARY - A living room, dining room or family room.
Ord. 12-95)
ROOM, SECONDARY - All rooms other than primary rooms.
Ord. 12-95)
453 11/95)
ORANGE MUNICIPAL CODE
17.04 .037--17. 04. 038
ROOM AND BOARD FACILITY - A facility where centralized kitchen
and dining areas are provided, and where individual units do not
have f'ull kitchens. Services such as housekeeping, laundry, and
full-t.ime staff supervision may also be offered, but medical care
or ind.ividual care or supervision is not provided. (Ord. 12-95)
1.7.04. 038 "S" Definitions
SALVAGE - The utilization of waste materials. (Ord. 12-95)
SANITA,RIUM, HEALTH - An institution where patients, other than
the mentally disoriented or mentally incompetent, are housed and
where medical or post-surgical treatment is provided. (ord. 12-95)
SANITP.,RIUM, MENTAL - An institution for the recuperation and
treataient of the mentally disordered, mentally incompetent or
victiais of drug addiction. (Ord. 12-95)
SATELI ITE DISA ANTENNA - A parabolic or disc shaped antenna of
either solid or mesh construction intended for the purpose of
receiv ing communications from orbiting satellite transceivers.
Ord. 12-95)
SCENIC' HIGFIWAY - Any highway designated as a scenic highway by an
agency of the city, county, state or federal government. (Ord.
12-95)
SCREENfING - A method of visually shielding or obscuring one
abutti.ng or nearby structure or use from another by fencing,
walls, berms or densely planted vegetation. (Ord. 12-95)
SECONT HAND STORE - Any premises used for the sale or handling of
used goods including establishments for the sale or trade of used
clothi.ng, furniture and appliances, but excluding a pawn shop.
Ord. 12-95)
SECRETARY OF THE INTERIOR'S STANDARDS FOR REHABILITATION - The
guidel.ines prepared by the National Park Service for
Rehabi.litation of Historic Buildings and the Standards for
Historic Preservation Projects. (Ord. 12-95)
SENIOF: CITIZEN APARTMENT PROJECT - A residential apartment
complex, developed in accordance with the provisions contained in
ChaptFr 17. 14, Division VII of this Title, with each dwelling
unit r.ontaining independent livinq and kitchen facilities. At
least one resident of each apartment unit must be a senior
citize:n, with the exception of the resident manager, if any.
Ord. 12-95)
11/95) 454
ORANGE MUNICIPAL CODE
17.04.38
SENIOR CITIZEN HOUSING, CONGREGATE CARE - Senior citizen housing
which provides meal service at a central dining facility but does
not provide 24 hour services or supervision. (Ord. 12-95)
SENIOR CITIZEN HOUSING DE IELOPMENT - Housing designed to meet the
physical and social needs of senior citizens, developed in
accordance with the provisions contained in Chapter 17. 14,
Division VII of this Title. Such developments include, but are
not limited to, senior citizen apartments, room and board
facilities, and care and supervision facilities. Senior citizen
housing does not include state licensed rest homes, group homes,
convalescent hospitals, etc. , which are regulated by other
provisions of the Municipal Code. (Ord. 12-95)
SERVICE STATION - A retail place of business engaged primarily in
the sale of petroleum products, goods, and services required in
the operation and maintenance of motor vehicles under one and
one-half ton capacity as the same is defined by the Motor Vehicle
Code by the state and in which maintenance in minor repairs,
washing, and lubrication services are conducted wholly within the
service station building. (Ords. 12-95; 20-82 ; 12-64 : Prior
Codes 17. 04 . 110 and 9100. 272)
SERVICE STATION, IDLE - Any automobile service station which has
not been opened for business for at least 90 eight-hour days out
of 180 consecutive days. (Ord. 12-95)
SETBACK LINE - A line within a lot parallel to and measured from
a corresponding lot line, forminq the boundary of a required yard
and governing the placement of structures and uses on the lot.
Ord. 12-95)
SHOPPING CENTER - A group of commercial establishments planned,
constructed and managed as a total entity with customer and
employee parking provided on-site, provision for goods delivery
separated from customer access, aesthetic considerations and
protection from the elements. (Ord. 12-95)
SIDEWALK - A paved surface or leveled erea paralleling and
usually separated from the street used as a pedestrian walkway.
Ord. 12-95)
SIGN - Any writing (including letter, word, or numeral) ,
pictorial presentation (including illustration or decoration) ,
emblem (including device, symbol, or trademark) , flag (including
banner or pennant) , or any other device, figure or similar
character which:
455 11/95)
ORANGE MUNICIPAL CODE
17.04. 38
A. ]:s a structure or any part thereof, or is attached to,
painted on, or in any other manner represented on a building
or other structure or device; and,
B. ]:s used to announce, direct attention to or advertise; and,
C. ]:s visible from outside the building or structure. (Ords.
12-95; 13-66: Prior Code 17.84. 030.L)
SIGN, CObIIdERCIAL - A sign whose message concerns goods or
servic:es offered for consideration by a person or entity engaged
in a profit-oriented business. (Ord. 12-95)
SIGN, FREESTANDING - The term "ground sign" or "pole sign" shall
mean ziny sign which is supported by one or more uprights, poles
or brzices in or upon the ground which are not a part of any
buildi_ng. (Ord. 12-95)
SIGN, ILLUMINATED - See "Sign, Lighted. "
SIGN, LIGHTED - Any sign illuminated by electric lighting
device s. (Ord. 12-95)
SIGN, MARQUEE - A permanent roofed structure that projects over
public: property and is attached to and supported by a building.
Ord. 12-95)
SIGN, MOVING - Any advertising structure which has any visibly
movinc or revolving parts. Digital clocks and thermometers are
exempt: from this definition. (Ord. 12-95)
SIGN, NON-COMMERCIAL - Any sign that is not intended to augment
any commercial enterprise or to generate income. Non-commercial
signs include, but are not limited to messages that are
religi.ous, civic or political in nature. (Ord. 12-95)
SIGN, NONSTRUCTURAL TRIM - The molding, battens, reveals, caps,
returris, letters, and raceways which are attached to the sign
struct:ure. (Ord. 12-95)
SIGN, POLE - See "Sign, Freestanding. "
SIGN, PROJECTING - A sign other than a wall sign which projects
from nd is supported by a wall or a building or structure.
Ord. 12-95)
SIGN, ROOF - A sign erected, painted or attached upon or above
the roof of a building or structure. (Ords. 12-95; 13-66: Prior
Code ].7.84 .030.K)
11/9°i)456
ORANGE MUNICIPAL CODE
17.04.038
SIGN, TEMPORARY - Any sign, banner, pennant, valance, or
advertising display constructed on cloth, canvas, light fabric,
cardboard, wallboard, or other light materials, with or without
frames, intended to be displayed for a limited period of time
only. (Ord. 12-95)
SIGN, WALL - Any sign attached to, erected against, or painted
upon the wall of a building or structure, the face of which is in
a single plane attached and parallel to the plane of the wall.
Ord. 12-95)
SIGN, WIND - A series of similar banners or objects of plastic or
other light material more than two inches in any diameter which
are fastened together at intervals by wire, rope, cord, string or
by any other means, designed to move and attract attention upon
being subjected to pressure by wind breeze. (Ord. 12-95)
SIGN AREA - The sign area of an individually lettered sign
includ.ing the background, is measured by enclosing the entire
sign within two sets of parallel lines that contain all words or
images composing the sign. The sign area of a sign with border
or background is measured by a single continuous perimeter
enclosing the exterior limits of the border or background. In
calculating the area of signs, only one side of a two-sided sign
shall be counted, so long as the parallel planes are not more
than 20 inches apart. (Ord. 12-95)
SIGN STRUCTURE - The sign and the supports, uprights, braces and
framework of the sign. (Ord. 12-95)
SITE -• Any plot or parcel of land or combination of contiguous
lots or parcels of land. (Ord. 12-95)
SITE PLAN - A plan drawn to scale showing uses and structures
proposed for a parcel of land as required by the applicable
regulations including lot lines, streets, building sites,
reserved open space and other specific development proposals.
Ord. 12-95)
SIAPE - The degree of deviation of a surface from the horizontal,
usually expressed by a ratio, percent or degrees. (Ord. 12-95)
SIAPE BANK - A man-made natural slope steeper than 15 percent.
Ord. 12-95)
SOI R ACCESS - A property owners right to have the sunlight shine
on his land. (Ord. 12-95)
457 11/95)
ORANGE MUNICIPAL CODE
17. 04.38
SOLAR ENERGY SYSTEM - A complete design or assembly consisting of
a sola.r energy collector, and energy storage facility, and
compo ents for the distribution of transformed energy.
Ord. 12-95)
SOLID FENCE - A wood or masonry fence with no openings. (Ord.
12-95)
SOLID WASTE DISPOSAL FACILITY - Any facility or location
authoz•ized by Orange County, where disposal of solid waste
occurs,. "Solid wasteN means all decomposable and non-
decomF osable solid, semisolid, and liquid wastes, including
garbage, trash, refuse, paper, rubbish, ashes, industrial wastes,
demolition and construction wastes, discarded home and industrial
applia.nces, manure, veqetable or animal solid and semisolid
waste,, and other discarded solid and semisolid wastes excluding
sewage: wastes. (Ord. 12-95)
SPECIF'IC PLAN - A fully planned community, with all design
contrc ls, servicing requirements and financing techniques
incorporated into the plan, which is adopted with a self-
contai.ned regulatory text and serves to implement the General
Plan i.n more detail. (Ord. 12-95)
STABLE, PRIVATE - A building or portion of a building used to
shelte:r and feed horses or ponies which are used exclusively by
the oc:cupants of the property on which the stable is situated.
Ord. 12-95)
STABLE;, PIIBLIC - A stable other than a private stable.
Ord. 12-95)
STANDA DS, DEVEIAPMENT - The physical desiqn and development
portic n of the Development Code controlling such items as
buildi.ng coverage, yard areas, height of structures or floor area
ratio. (Ord. 12-95)
STOCK COOPERATIVE - A corporation that holds title to improved
real property, either in fee simple or for a term of years. All
or sut stantially all of the shareholders have a right of
exclus ive occupancy in a portion of the property, and the right
of occ:upancy is transferable only concurrently with the transfer
of the: corporate stock. (Ords. 12-95; 38-80: Prior Code
17.04 .437)
STORY - That portion of the building included between the surface
of any floor and the surface of the floor next above it, or if
there be no floor above it, then the space between the floor and
11/95) 458
ORANGE MUNICIPAL CODE
17 .04.038
the ceiling above it and including those basements used for the
principal use. A basement of underground parking lot shall be
considered a story when the vertical distance from the average
adjoining grade to its ceiling is over five feet. (ords. 12-95;
20-82; 400: Prior Code 17. 04.440)
STORY, HALF - One half story as opposed to full story buildings
are structures in which the top floor area is within the
established roof line, and room heights within the half story
space conform to the Uniform Building Code regulations for
habitable" space. The building has two floors of habitable
rooms but appears as a one story structure from an architectural
standpoint. The half story may contai.n dormers. (Ord. 12-95)
STREET - A vehicular right-of-way, other than an alley, which
affords a primary means of access to abutting property:
A. Private - A street in private ownership, not dedicated as a
public street, which provides the principal means of
vehicular access to a property bwt not including driveways,
alleys, or parking areas.
B. Public - A street owned and maintained by the City, the
County, or the State. The term i.ncludes streets offered for
dedication which have been improved, or for which a bonded
improvement agreement is in effec.t. All public streets
shall be constructed to City of Orange Department of Public
Works Standard plans and specific:ations. (Ords. 12-95; 20-
82 ; 400: Prior Code 17. 04.440)
STREETSCAPE - That portion of the net iot area and improvements
that is exposed to view from the street. (Ord. 12-95)
STRUC2'[iRE - A combination of materials to form a construction for
use, occupancy, or ornamentation whether installed on, above, or
below the surface of land or water. (Ords. 12-95; 20-82 ; 400:
Prior Code 17. 04.470)
SUBDIVISION - The division by any person or partnership, firm,
corporation, of any unit or units of improved or unimproved land,
or any portion thereof, shown on the latest equalized county
assessment roll as a unit or as contiguous units, for the purpose
of sa1e, lease or financing, whether immediate or future except
for leases of agricultural land for agricultural purposes.
Property shall be considered as contiguous units, even if it is
separated by roads, streets, utility easement or railroad rights-
of-way. "Subdivision" includes a condominium project, a
community apartment project, or the canversion of five or more
existing dwelling units to a stock more existing dwelling units
to a stock operative. (Ord. 12-95)
459 11/95)
ORANGE MUNICIPAL CODE
17.04.038--17. 04.039
SUBDIVISION, TRACT - A subdivision which creates five or more
parcels to be developed as a whole by an owner or builder. (Ord.
12-95)
SUBSTANTIAL IMPROVEMENT - Any repair, reconstruction, or
improvement of a structure, the cost of which equals or exceeds
50 of the market value of the struoture either (a) before the
improvement or repair is started, or (b) if the structure has
been damaged and is being restored, before the damage occurred.
For the purpose of this definition, substantial improvement is
considered to occur when the first alteration of any wall,
ceiling, floor, or other structural part of the building
commences, whether or not that alteration affects the external
dimensions of the structure. (Ords. 12-95; 20-82)
7. 04.039 "T" Definitions
TEMPORARY STRUCTURE - A structure without any foundation or
footings and which is removed when the designated time period,
activity, or use for which the temporary structure was erected
has ceased. (Ord. 12-95)
TEMPORARY USE - A use established for a fixed period of time with
the intent to discontinue such use upon the expiration of the
time period. (Ord. 12-95)
TERRAC'ING - An erosion control method that uses small hills and
contou.rs on the land surface to control flooding and runoff.
Ord. 12-95)
TOPOGRAPHY - The configuration of a surface area showing relative
elevat,ions. (Ord. 12-95)
TOT IA T - An improved and equipped play area for small children.
Ord. 12-95)
TOWNHC USE - A dwelling unit with one or two common walls, and
which has direct exterior access, private yards and no common
floors, or ceilings with other units. (Ord. 12-95)
TOXIC - Capable of producing injury, illness, or damage to
humans, domestic livestock or wildlife through ingestion,
inhala.tion or absorption through any body surface. (Ord. 12-95)
TRACT - An area, parcel, site, piece of land, or property which
is the: subject of a development application. (Ord. 12-95)
11/95)460
ORANGE MUNICIPAL CODE
17.04. 039--17.04.040
TRAILER - A structure standing on wheels, towed or hauled by
another vehicle, and used for short-term human occupation,
carrying materials, goods or objects, or as a temporary office.
Ord. 12-95)
TRAILER, CONSTRUCTION - A trailer, the use of which is incidental
to new construction on a site, including but not limited to
temporary office space for the direction of onsite construction
activities. (Ord. 12-95)
TRAILER, HOUSE - A vehicle designed for or used for living or
sleeping purposes and which is equipped with wheels or other
similar devices used for the purpose of transporting such vehicle
from place to place, whether by motive or by other means.
Ord. 12-95)
TRANSFER OF DEVELOPMENT RIGHTS (TDR) - The removal of the right
to develop or build, e cpressed in dwelling units per acre, from
land in one zoning district, to land in another district where
such transfer is permitted. (Ord. 12-95)
TRANSITIONAL AREA - An area which acts as a buffer between two
land uses of different intensity. (Ord. 12-95)
TRIPLEX - A building containing three 3welling units. (Ord. 12-95)
TRUCK STOP - A facility intended to provide services to the
trucking industry, and includes, but is not limited to the
following activities: the dispensing of fuel, repair shops,
automated washes, restaurants, and motels all as part of the
facility. (Ord. 12-95)
TRUCK TERMZNAL - A lot, lot area or parcel of land used, designed
or maintained for the purpose of storing, parking, refueling,
repairing, dispatching, servicing or keeping motor trucks and
associate equipment together with those facilities necessary to
service, dispatch, store or maintain aforementioned vehicles,
their cargoes and crews. (Ord. 12-95)
17. 04 .040 "U~ Definitions
ULTIMATE RIGHT-OF-WAY - The right-of-way shown as ultimate on an
adopted precise plan of highway alignment, or the street rights-
of-way shown within the boundary of a recorded tract map, a
recorded parcel map or a recorded Planned Community development
plan. The latest adopted or recorded document in the above case
shall take precedence. If none of these exist, the ultimate
461 11/95)
ORANGE MUNICIPAL CODE
17.04.40--17.04. 041
right-of-way shall be considered the right-of-way required by the
highway classification as shown on the Master Plan of Highways.
In all other instances, the ultimate right-of-way shall be
considered to be the existing riqht-of-way in the case of a
public street. (Ord. 12-95)
UNDEVELOPED LAND - Land in its natural state before development.
Ord. 12-95)
UNIQUE NATURAL FEATURE - That part of the natural environment
which is rare or not duplicated in the community or region.
Ord. 12-95)
USE - The purpose for which land or a building is occupied,
arranged, designed or intended, or for which either land or
building is, or may be, occupied or ma:intained. (Ord. 12-95)
USE, PERMITTED - A use listed by the regulation of any particular
district as a permitted use within that district and permitted
therein as a matter of right when conducted in accord with the
regulations established by Ordinance. (Ord. 12-95)
USE, PRINCZPAL - A use which fulfills a primary function of a
household, establishment, institution, or other entity.
Ord. 12-95)
UTILIT'Y, PRIVATE OR PUBLIC -
A. Any agency which, under public franchise or ownership, or
u.nder certificate of convenience and necessity, provides the
p ublic with electricity, gas, heat, steam, communication,
rail transportation, water, sewage collection, or other
similar service.
B. A. closely regulated private enterprise with an exclusive
f'ranchise for providing a public service. (Ord. 12-95)
UTILIZ'Y SERVICES - Establishments engaged in the generation,
transm ission and/or distribution of electricity, gas or steam,
includ.ing water and irrigation systems and sanitary systems used
for th,e collection and disposal of garbage, sewage and other
wastes by means of destroying or processing materials.
Ords. 12-95; 20-82)
7.04. 041 °Vn Definitions
VARIAN CE - Permission to depart from development standards
requir•ed in the zoning ordinance when because of special
11/95)462
ORANGE MUNICIPAL CODE
17. 04.041--17. 04.042
circumstances applicable to the property, strict application of
the ordinance deprives such property of privileges enjoyed by
other property in the vicinity and under identical zoning. Any
variance granted will assure that the adjustment granted will not
constitute a special privilege. (Ords. 12-95; 36-70: Prior Code
17.86.020)
VEHICLE, DISASSEMBLED - A vehicle without hoods, doors, fenders,
body panels, headlights, trunk lids, tires, wheels, windows, or
windshields. (Ord. 12-95)
VEHICLE, WRECKED - A vehicle with dented areas in excess of one
square. foot, rusted exterior body parts or broken glass parts.
Ord. 12-95)
VEHICULAR ACCESSWAY - A private, non-exclusive vehicular easement
affording access to abutting properties. (Ord. 12-95)
VESTED RIGHT - A right which has been legally established and
cannot. be revoked by subsequent conditions or changes in law
without due process of law. (Ord. 12-95)
VIDEO ARCADE - An establishment which provides coin- or token-
operated pinball, video, or similar machines for customer use
under either of the following circumstances:
A. Where 15 or more such machines are located, regardless of
any other type of business conducted at the premises; or
B. Where four or more such machines exist adjacent to or in
c:lose proximity to one another, and where the building floor
area occupied by these machines exceeds five percent of the
total floor area accessible to the general public. (Ords.
7.2-95; 36-70: Prior Code 17 .86.020)
17. 04 .042 "W" Definitions
WALL - A substantial solid barrier intended to enclose, separate
or surround. (Ord. 12-95)
WINDOW - An opening in a wall of a building designed to allow
light and/or ventilation into a room af a building, and enclosed
by casement or sash containing glass or. other similar transparent
or semitransparent material. (Ord. 12-95)
WING WALL - An extension of a wall of a building beyond that
enclosing the space within the building. (Ord. 12-95)
463 11/95)
ORANGE MUNZCIPAL CODE
17.04. 043--17. 04.045
17. 04. 043 "X" Definitions
XERISCAPE - Landscaping characterized by the use of vegetation
which is drought resistant or low water use in character.
Ord. 12-95)
17. 04.044 "Y" Definitions
YARD - An open space on a built lot that, except as otherwise
provid.ed in this chapter, is unoccupied or unobstructed from the
ground. upwards, and when a yard dimension is given it represents
the minimum horizontal distance between the lot line from which
the distance must be measured and a line parallel to the lot
line. (Ords. 12-95; 20-082; 400: Prior Code 17.04. 080)
YARD, REQUIRED FRONT - The space extending across the full width
of the. lot, the depth of which is the minimum horizontal distance
betwee.n the front lot line and a line parallel thereto on the
lot, e.xcepting those projections of a main building permitted in
a fron t yard by Section 17 . 14 .090. (Ords. 12-95; 20-082 ; 400:
Prior Code 17. 04.490)
YARD, REQUIRED REAR - The space extending across the full width
of the: lot, the depth of which is the minimum horizontal distance
betwee:n the rear lot line and a line parallel thereto on the
lot. (C rds. 12-95; 20-082 ; 400: Prior ode 17.04.500)
YARD, REQUIRED SIDE - The space extending across the full length
of the: lot, the depth of which is the minimum horizontal distance
betwee:n the side lot line and a line parallel thereto on the lot,
except.ing those projections as allowed elsewhere in this
Code. (Ords. 12-95; 20-082; 400: Prior Code 17. 04 .510)
1.7.04.045 "Z„ Definitions
ZERO IAT LINE - The location of a building on a lot in such a
manner that one or more of the building's sides rest directly on
a lot line. (Ord. 12-95)
20NING DISTRICT - A specifically delineated area or district in a
munici.pality within which regulations and requirements uniformly
goverri the use, placement, spacing and size of land and
buildi.ngs. (Ord. 12-95)
ZONINC MAP - The map or maps, which are a part of the development
code, and delineate the boundaries of zone districts.
Ord. 12-95)
11/9°)464
ORANGE MUNICIPAL CODE
17.06--17.06.020
CHAPTER 17 .06
ZONING DISTRICTS AND MAP
Sectior:
17.06. 010 Purpose and Intent
17.06. 020 Districts Established
17.06. 030 Establishment of Zones by Map
17.06. 040 Division of Zoning Map
17.06. 050 Uncertainty of Boundaries
17.06. 060 Annexed Territory - Zoning and Classification
17. 06.070 Annexed Territory - Prezoning
06.010 Purpose and Intent. The incorporated territory of
the City of Orange is divided into land use districts, or zones,
pursua.nt to the Planninq Act of the State of California. The
districts are established to serve the public health, safety, and
genera.l welfare; to provide the social and economic advantages
which result from an orderly, planned use of land resources; and
to guide, control, and regulate the future growth and development
of the: City. (Ords. 12-95; 672 ; 431; 400: Prior Code 9100)
06.020 Districts Established. Table 17.06. 020
establ.ishes the classes of zone districts. These districts
classi.fy, regulate, restrict, and seqregate the uses of land and
buildi.ngs; regulate and restrict the height and bulk of
buildi.ngs; regulate the area of yards, courts, and other open
spaces, around buildings; specify other development standards
applic:able to uses; and provide a framework for the review of
buildi.ng design. No building, structure, land or premises shall
be use:d for any purpose or in any manner other than permitted by
this 4'itle, or amendments thereto, in the district in which such
buildi.ng, structure, land or premises is located. (Ords. 12-95;
588)
465 11/95)
ORANGE MUNICIPAL CODE
17. 06..020
TABLE 17.06.020
Use Use Claseification Chapter
Di:strict
S ol
R1-R Sin le Famil Residential District 17. 14
R1-40 Sin le-Famil Residential District 17. 14
R1-20 Sin le-Famil Residential District 17. 14
R1-15 Sin le-Famil Residential District 17. 14
R1-12 Sin le-Famil Residential District 17. 14
R1-10 Sin le-Famil Residential District 17.14
Rl-8 Sin le-Famil Residential District 17.14
R1-7 Sin le-Famil Residential District 17.14
R1-6 Sin le-Famil Residential District 17. 14
R1-5 Sin le Famil Residential District 17.14
R2-8 Du lex Residential District 17.14
R2-7 Du lex Residential District 17.14
R2-6 Du lex Residential District 17.14
R-3 Multi le-Famil Residential District 17.14
R-4 Multi le-Famil Residential District 17.14
MH Mobile Home Residential District 17.14
OP Office Professional District 17. 18
CP Commercial Professional District 17.18
C1 Limited Business District 17.18
TR Limited Business Distr ct - Tustin 17. 18
Redevelo ment Pro 'ect Area
C2 General Business District 17.18
C3 Commercial District 17. 18
M1 Li ht Industrial District 17.20
M2 industrial Manufacturin District 17.20
SG Sand and Gravel Extraction District 17.32
A-1 A ricultural D strict 17.22
RO Recreatlon O en S ace District 17.22
SH Slo e Hazard District 17.22
PI Public Inst tution District 17.24
PC Planned Communit District 17.26
FP Flood Plain Overla District 17.28
A Sin le-Sto Overla District 17.28
E E estrian Overla District 17.28
P Parkin Overla District 17.28
PUD Planned Unit Develo ment District 17. 16
11/9 i) 466
ORANGE MUNICIPAL CODE
17.06. 030--17.06.050
17.06.030 Establishment of Zones by Map_
A. Z'he location and boundaries of the various zone districts
a.re shown and delineated on the zoning maps of the City of
C range. The official zoning maps of the City are entitled
Zoning Map" and are on file in the Planning Division, City
H,all, City of Orange.
B. 4'he districts designated on the zoning maps shall be the
c fficial zoning classifications on all areas within the
corporate City limits. Should there be a zoning
x eclassification of any property or area within the City,
the zoning map delineating and desiqnating such
c:lassification shall likewise be amended.
C. A,11 such maps and amendments to the maps are incorporated
i.nto this Title by reference and shall be deemed as much a
part of this Title as if the matters and information upon
t.he maps were all fully described herein. (Ords. 12-95;
931)
7. 06.040 Division of Zonina Man. The zoning map may, for
converiience, be divided into parts, and each part may, for
purpoe;es of more readily identifying areas shown on the map, be
dividEd into units. Such parts and units may be used separately
for purposes of amending the zoning map or for any official
refere:nce to the zoning map. (Ords. 12-95; 9-58)
7.06. 050 Uncertaintv of Boundaries. Where uncertainty
existE as to the boundaries of any zone shown on the zoning map
or any part or unit thereof, the following rules shall apply:
A. F ere such boundaries are indicated as approximately
f'ollowing a street line, an alley line or a lot line, the
c:enterline of the street or alley, or the lot line shall be
c:onstrued to be the boundary.
B. ]:n the case of unsubdivided property where the boundary
clivides a lot, the location of the zone boundary, unless it
i.s indicated by dimensions, shall be determined by the use
of the scale appearing on the zoning map.
C. Where a public street or alley is officially vacated or
eibandoned, the area comprising the vacated street or alley
eohall acquire the zoning classification or classifications
c>f the property or properties to which it reverts. (Ords.
2-95; 20-82; 9-58)
467 11/95)
ORANGE MUNICIPAL CODE
17. 06.060--17.06.070
17 06 060 Annexed Territory - Zonina and Classification
Any te^ritory hereafter annexed to the City shall, upon becoming
part o E the City, be zoned for land use in accordance with the
procedures established in Section 17.10.020. (Ords. 12-95; 26-60)
7 06 070 Annexed Territory - Prezonina.
A. Aiathority to Prezone: All territory located outside of the
a rporate City limits but within the City's sphere of
i nfluence may be prezoned prior to annexation to the City in
a cordance with procedures outlined in Section 17. 10.020 and
Clhapter 6 of this Title and as provided for in Section 65859
of the Government Code of the State of California.
B. P:rezoning Becomes Official: When territory outside the City
has been prezoned, then such territory and the prezoning
designation shall become part of the City's zoning map and
t:hereafter shall be subject to al'1 provisions of this code.
rds. 12-95; 20-82 ; 42-66; 26-60;)
11/9°i) 468
ORANGE MUNICIPAL CODE
17. 08--17.08.020
CHAPTER 17 .08
GENERAL ADMINISTRATIVE PROCEDURES
Sectio ns•
17.,08.010 Purpose and Intent
17,.08.020 Reviewing Bodies
17,.08.030 Applications
17,.08. 040 Notice of Hearings
17,. 08. 050 Appeals
17. 08. 060 Time Extensions
17..08.070 Fees
17.08.010 Puruose and Intent. The purpose and intent of
this c:hapter is to set forth the general provisions established
by the City of Orange for the administration of the zoning
ordinance and the implementation of General Plan goals. The
provisions outlined and set forth in this chapter are established
generally for all administrative procedures. (Ord. 12-95)
7 . 08.020 Reviewina Bodies. There are five reviewing bodies
established to administer the provisions of the zoning ordinance
and General Plan. These five reviewing bodies have authority to
make decisions and/or recommendations for applications as
outlined in Table 17. 08. 020:
TABLE 17.08.020
Type of Procedure, Permit or SRC DRB ZA PC CC
Hear:in
Zonin Ordinance Amendment A A X
Zone Chan e A A X
Cond:itional Use Permit A A 1 X 1 X(1) X(1
Vari ince A A 1 X(1 X
Administrative Adjustment X
Perm:it
Desi n Review X 1 X 1
Old '.Cowne Demol tion Permit X
Site Plan Review - Minor X
Site Plan Review - Ma 'or A A X
Tent itive Tract Ma A A X
Gene:ral Plan Amendment A A X
Envi:ronmental Documentation A X(1 X(1)
Key: SRC = Staff Review Committee
DRB = Design Review Board
2A = Zoning Administrator
PC = Planning Commission
CC = City Council
A Advisory
X Final Project Determination
1) = Restricted to certain
applications
469 11/95)
ORANGE MUNICIPAL CODE
17.08. 020
GENERAL NOTES:
a) All items may be finally decided by the City Council upon
ap;peal.
b)When more than one type of application is filed for a
si:ngle project, the application requiring the highest level
of approval shall dictate the review process for the entire
group of applications.
The five reviewing bodies are established and described as
follows:
A. City Council. The City Council is established through the
incorporation of the City of Orange and has final review of
all matters relating to planning and zoning. (Ord. 12-95}
B. Planning Commission. The Planning Commission is established
through the provisions of Title 2, Chapter 2. 64 of this Code.
1. Purpose.
a. To make land use decisions in accordance with
State law, that are consistent with City's General
Plan goals and policies as formally adopted by the
City Council.
b. To provide technical and advisory assistance to
the City Council regarding land use matters.
c. To assist in formulating development policy.
d. To make environmental assessments in accordance
with California Environmental Quality Act (CEQA)
provisions and the City's Environmental Review
Guidelines. (Ord. 12-95)
2. Powers & Duties. The Planning Commission shall have
all the powers and duties of a Board of Adjustment
pursuant to Section 65901 of the Government Code of the
State of California in appropriate cases and, subject
to appropriate conditions and safeguards.
a. Authority to hear and decide:
i. Applications for conditional use permits with
the exception of those made to the Zoning
Administrator pursuant to 17. 10. 030.E;
ii. Applications for variances with the exception
of those made to the Zoning Administrator
pursuant to 17. 10. 040.D;
iii. Applications for Major Site Plan Review.
iv. Applications for Negative Declarations and
Mitigated Neqative Declarations.
b. Authority to review and make recommendations to
the City Council:
i. Applications for zone changes and zone
ordinance amendments.
11/9°i) 470
ORANGE MUNICIPAL CODE
17. 08.020
ii. Applications for land divisions - Tentative
Tract Maps.
iii. Applications for General Plan Amendments.
iv. Conditional use permit applications as listed
in Section 17. 10.030.D.
v. Environmental documentation including
Environmental Impact Reports (EIRs) , Negative
Declarations and Mitigated Negative
Declaration as described in the City's
Environmental Review Guidelines.
c. Authority to act upon an appeal of any order,
requirement, permit, decision or determination made
by an administrative or appointed official or body
such as the Community Development Director, Staff
Review Committee, Zoning Administrator or Design
Review Board in the administration or enforcement of
this chapter.
d. In exercising the powers given by this chapter, the
Planning Commission may, so long as such action is in
conformity with the terms of this chapter, reverse or
affirm, wholly or partly, or may modify the order,
requirement, decision or determination previously
rendered by the Planning Commission. (Ords. 12-95;
13-65; 80-62 : Prior Codes 17 .92. 020 and 17.86.050)
3. Meetings.
a. The Planning Commission shall adopt rules necessary
to the conduct of its affairs and in keeping with the
provisions of this chapter. Meetings shall be held
in accordance with Section 2.64 .040 of this code at
the call of the chairman and at such other times as
the Commission may determine. All meetings shall be
open to the public.
b. The Planning Commission shall keep minutes of its
proceedings, showing the vote of each member upon
each question, or if absent or failing to vote
indicating such fact, and shall keep records of its
own examinations and other official action, all of
which shall be a public record and be immediately
filed in the office of the Community Development
Department. (Ords. 12-95; 20-82: Prior Codes
17.92.080 and 17.86. 110)
C. Zoning Administrator. The Zoning Administrator is appointed
to perform certain duties as described below pursuant to the
authority granted to municipalities by the State Planning
Act. The City Manager shall appoint the Zoning Administrator
and determine qualifications for the office.
471 11/95)
ORANGE MUNICIPAL CODE
17.08.020
1. Purpose.
a. To provide a method by which minor adjustments from
ordinance requirements may be permitted without the
necessity of the delays incident to the setting of
such matters for public hearing before the Planning
Commission;
b. To relieve the Planning Commission from the
performance of certain functions of a more routine
nature which tend to divert this body from the
planning and major zoning functions entrusted to the
Commission by the Orange Municipal Code and the laws
of the State; and
c. To provide more expedient service to the citizens of
the City and to those persons desiring to develop
projects within the City through the reduction of the
time necessary to consider minor adjustments from
ordinance requirements. (drds. 12-95; 20-82 ; 35-70:
Prior Code 17.94 . 010)
2 . Powers & Duties. The Zoning Administrator shall have
authority to grant administrative adjustment permits as
provided for herein and to hear and grant applications
for certain variances, conditional use permits and other
matters more particularly specified in Chapter 17 . 10.
The Zoning Administrator shall have the following
additional duties and authority:
a. Authority to make a declaration as to what
constitutes the front of a lot.
b. Authority to permit the use of a mobile home for
temporary office and/or storage use in commercial and
industrial zones in accordance with policy set forth
in City Council Resolution No. 3252. This authority
does not extend to temporary construction trailers.
Ords. 12-95; 12-94 ; 20-82 ; 35-70: Prior Codes
17.94. 090 and 17 .94.080)
3 . Meetings. The Zoning Administrator shall adopt rules and
regulations to govern the procedures at public meetings
within his jurisdiction and to set a time for such
meetings. All public hearings shall be held in the
Council Chambers of the City Hall and shall be open to
the public. (Ords. 12-95; 20-82 ; 35-70: Prior Code
17 .92. 120)
11/9'.i) 472
ORANGE MUNICIPAL CODE
17. 08.020
D. Design Review Board. The Design Review Board is hereby
established to uphold community aesthetics. Recognizing
that the inclusion of specific aesthetic development
standards is impracticable due to the variable nature of
architectural conceptg, construction materials and aesthetic
goals from one time period to another and from one
neighborhood to another, it ie in the public interest to
establish an authority for project review.
1. Purpose.
a. To review development projects, by considering the
elements of architectural design, massing and
scale, color palette, context, landscaping and
signage to ensure that projects are compatible
with surrounding development and community
aesthetics.
b. To interpret and apply adopted design guidelines
and standards.
c. To asaist in formulating design policy.
d. To encourage the preservation of cultural historic
resources, while allowing for orderly and
compatible development. (Ords. 12-95; 4-74: Prior
Code 17.96.020)
2. Powers & Duties.
a. The Design Review Board shall have the authority
to review and make a final determination on design
matters for the following types of projects:
i. Signs in accordance with Chapter 17. 36.
ii. Replacement structures for proposed
demolitions, when no Planning Commission and
City Council review is otherwise required
such as a conditional use permit or
variance) .
iii. All development projects within a
redevelopment project area, when no Planning
Commission or City Council review is
otherwise required (such as a conditional use
permit or variance) , unless exempted by the
specific design guidelines/standards adopted
for the project area.
iv. All development projects within the Old Towne
Historic District, when no Planning
Commission or City Council review is
otherwise required (such as a conditional use
permit or variance) , unless exempted by the
specific design guidelines/standards adopted
for the project area.
473 11/95)
ORANGE MUNICIPAL CODE
17.08. 020
v. Any external modifications to a structure in
conjunction with seismic retrofit for
unreinforced masonry buildings.
b. The Design Review Board shall have the authority
to review and make recommendation to the Planning
Commission on design matters for all development
projects requiring Planning Commission
recommendation or approval. (Ords. 12-95; 16-94 ;
4-87; 20-82 ; 4-74: Prior Code 17.96. 100)
3 . Meetings. The Design Review Board shall meet two times a
month as needed. Board members shall be compensated for
each meeting as determined by the City Council. (Ords.
12-95; 16-94 ; 4-87; 20-82 ; 4-74: Prior Code 17.96. 100)
4. Membership. The Design Review Board shall consist of
five members who shall be appointed by the City Council.
The five Board members shall include: at least one
licensed architect, one licensed landscape architect, and
one licensed general building oontractor. The two
remaining members shall be appointed from the community
at large and shall have demonstrated knowledge of or
experience in the visual arts, architecture or similar
fields. At least two of the five members shall have
professional background in urban planning, architectural
history, or historic preservation and shall have general
knowledge of architectural styles prevalent in Old Towne.
Members of the Board shall be :residents of the City and
shall be appointed for four-year terms. (Ords. 12-95;
20-82 ; 4-74 : Prior Code 17.96. 060)
5. Officers/Terms of Office. Officers shall consist of a
chairman and vice-chairman, both of whom shall be
selected by the members of the Board. Terms of office
shall be for one year starting after the second regularly
scheduled meeting of the Board in April of each year.
Each officer must continue to serve until his successor
has been installed. Officers :may be reelected for no
more than two consecutive terms. (Ords. 12-95; 4-74 :
Prior Code 17.96. 070)
6. Rules and Regulations. The Desiqn Review Board shall
adopt rules and regulations to provide for the holding of
meetings, election of officers, quorum and voting
provisions, hearings and notices, and may provide for
such other matters as may be in the general welfare of
the City subject to approval by the City Council. (Ords.
12-95; 4-74: Prior Code 17 .96.090)
11/9!i) 474
ORANGE MUNICIPAL CODE
17.08.020
E. Staff Review Committee. The Staff Review Committee is
E stablished to review development proposals in order to
eansure that yards, open space, structures, parking, loading
f°acilities, landscaping, streets and similar uses and the
development of the land remains compatible with surrounding
properties reflecting the highest quality of land planning
and design.
Purpose.
a. To provide site plan review in accordance with the
City's General Plan and Zoning Ordinance, and
other pertinent ordinances.
b. To provide for review of those development
qualities which are not regulated by precise
standards.
c. To make environmental assessments in accordance
with California Environmental Quality Act (CEQA)
provisions and the City's Environmental Review
Guidelines. (Ord. 12-95)
3 . Powers & Duties. The Staff Review Committee shall have
the authority to:
a. Decide upon minor site plan applications.
b. Review and make recommendations to the Planning
Commission on major site plans and other
discretionary applications as specified in Chapter
17. 10.
c. Consider minor modifications to previously
approved site plans and to determine whether such
modifications are in substantial conformance with
the approved plans.
d. Review and make recommendations to Planning
Commission on environmental documentation, and all
duties defined in City of Orange Environmental
Review Guidelines. (Ord. 12-95)
3 . Meetings. The Staff Review Committee shall adopt rules
and regulations to govern the procedures at meetings
within the Committee's jurisdiction and to set a time
for such meetings. (Ord. 12-95)
Membership. The Staff Review Committee shall consist
of the Community Development Director, who shall be
Chairman, Chief Building Official, Economic
Development Director, Public Works Director/City
Engineer, Community Services Director, Police Chief,
and Fire Chief, and/or their designated
representatives. (Ord. 12-95)
475 11/95)
ORANGE MUNICIPAL CODE
17.08.p30
7, 08.030 Annlications.
A. A plication Form Required. Applications for all activities
r alated to the Zoning Ordinance which require a public
h aaring by one or more of the reviewing bodies established
in Section 17. 08.020 shall be filed with the Planning
D:ivision upon the forms which are required by the Planning
D:ivision. Administrative review is excepted from the
f llowing requirements unless an appeal is made for a public
hearing. (Ords. 12-95; 40-SS: Prior Code 17.98. 020)
B. I nitiation of Application. Applications may be initiated by
tlze City Council, Planning Commission, and owners or
a uthorized agents of real property affected by the proposed
a mendment or action. (Ord. 12-95)
C. C ontents of Applications. Applications shall include the
f ollowing:
1. Witness of the signature of the landowner by a notary
public or city staff;
2 . A legal description and street address of the site;
3. A list of all property ownere, including addresses,
within 300 feet of the site subject to the application.
The list must be verified by a title insurance company
authorized to do business in Orange County, California.
Applications filed by the Ci1ty are exempt from
verifications;
4 . A list of the reasons justifyinq an approval of the
application;
5. A fully dimensioned site plan showing proposed building
size(s) and use(s) , circulat:ion, parking, and
landscaping; and
6. Fees as required by Section :17 .08. 070. (Ords. 12-95;
40-88: Prior Code 17.98. D20)
D. Additional Data. Additional data and information may be
required at the discretion of the Planning Division. (Ord.
12-95)
E. Completeness Determination. Within 30 days of receipt of an
application for a development project, the Staff Review
Committee shall make a determination and notify the appli-
cant as to whether the application is complete. (Ord. 12-95)
11/95) 476
ORANGE MUNICIPAL CODE
17. 08. 030
F. Withdrawal of Application and Refund of Filing Fees. If an
aipplication is withdrawn prior ta advertising for the public
iearing, an applicant shall be entitled to a full or partial
refund of filing fees. The full fee amount may be refunded
nly if an application is withdrawn prior to the mailing or
ublishing of any public notice regarding the project, and
if no staff time has been expended. (Ord. 12-95)
G. :[nactive Applications. If an application is inactive for a
eriod of six months or more, it shall be deemed to have
expired, and all processing will be terminated. For the
urpose of this section, "inactive" shall mean that an
pplicant has not responded to a City request for additional
information or plans. An applicant shall be notified prior
to expiration of an application, and given the opportunity
to reactivate. (Ord. 12-95)
H. :Limits on Reapplication. Applications which are denied
shall not be resubmitted for review until a period of at
Least six months has passed, unless the development proposed
loy the application is substantially different from the
3pplication which was denied. (Ord. 12-95)
I. ]Kodifications to Previously Approved Projects. A project
proponent may request a modification of a previously
spproved project as follows:
1. Any modification to a condition of approval shall be
reviewed and approved by the same process as required
for the original application.
2 . Any modification to a previously approved project, when
such modification requires separate approval through
one of the procedures listed in Table 17.08.020, and
when such modification is requested either prior to
completion of initial constxuction, or within two years
of the original project approval, shall be reviewed and
approved by the same process as required for the
original approval. In the event the modification
requires a higher level of approval than that of the
original application, then the original approving body
shall act as an advisory body, and the application and
hearing process shall occur in accordance with the
provisions of Chapter 17. 10..
3. Any modification to a previously approved project, when
such modification requires separate approval throuqh
one of the procedures listed in Table 17. 08.020, and
when such modification is requested subsequently to the
477 11/95)
ORANGE MUNICIPAL CODE
17. 08.030--17. 08.040
time frames outlined in Section 17.08. 030.I.2, shall be
processed in accordance with the provisions of Chapter
17. 10.
4. Minor modifications to site plans may be considered by
the Staff Review Committee, who may make a final
determination or refer to another Reviewing Body for
decision. (Ords. 12-95; 40-88: Prior Code 17.98. 180)
17.08. 040 Notice of Hearinas.
A. reneral. Notice shall be given Yn accordance with State Law
Eor all hearings requiring notice, as set forth in Table
17.08. 040. In addition to the notice required by this
section, the City may give notice of the hearing in any
ther manner it deems necessary or desirable.
TABLE 17.08. 040
Type of Procedure, Surrounding Publication Other
Pex-mit or Hearing Property and/or
Owners Postin
A eal a
Coriditional Use Permit Yes Publish or
Post
Demolition Permit, Old No Publish
ToGme
Develo ment A reement Yes Publish
Em ironmental Impact b)
Re ort
Gerieral Plan Amendment Yes Publish
M2i
Gerieral Plan Amendment No Publish
Text
Neqative Declaration b)
Sit:e Plan Review - Major Yes Publish or
Post
Sit;e Plan Review - Minor No Post
Teritative Tract Ma Yes Publish
Var iance Yes Publish or
Post
Zorie Chan e Yes Publish
Zoriing Ordinance No Publish c)
Amendment
NOTES: a) Notification shall occur in same
manner as was required for the original permit
issuance.
b) Notification shall be required in
accordance with Califor.nia Environmental Quality
Act.
c) In the event the amendment affects
the permitted uses of real property, owners of
subject real property and surrounding properties
shall also be notified. (Ords. 12-95; 40-88:
Prior Code 17.98. 100)
11/95) 478
ORANGE MUNICIPAL CODE
17. 08. 040
B. Ploticing Requirements.
7L. For all hearings requiring public notification, the
following shall apply:
a. Property Owner. Notice of hearing shall be mailed
or delivered to the owner of the subject real
property or to the owner's duly authorized agent.
b. Project Applicant. Notice shall be mailed or
delivered to the project applicant.
c. Request for Notification. Notice of the hearing
shall also be mailed or delivered to any perosn
who has filed a written request for the notice
with either the clerk of the governing body or
with another person designated by the governing
body to receive such requests.
For all hearings requiring notification of surrounding
property owners, the following shall apply:
a. Notice of the hearing shall be mailed or delivered
to all owners of real property, as shown on the
latest equalized assessment roll within 300 feet
of the real property that is the subject of the
hearing. in lieu of using the assessment roll,
the City may use records of the county assessor or
tax collector, whichever contains more recent
information than the assessment roll.
b. If the number of owners to whom notice would be
mailed or delivered pursuant to this subsection is
greater than 1,000, the City, in lieu of mailed or
delivered notice, may provide notice by placing an
advertisement of at least one-eighth page in at
least one newspaper of general circulation within
the local agency in which the proceeding is
conducted.
3 . For all hearings requiring publication of notice,
notice shall be made by publication in a local
newspaper of general circulation in the City of Orange
no less than one time.
4. When notice may be provided through either publication
or postinq, the Community Development Director shall
determine whether to publish or post the notice, and
the following shall apply:
a. If notification is to be provided by publication,
it shall occur in accordance with {3 above.
b. if notification is to be provided by posting, then
notice shall be posted in at least three public
places within City boundaries, including one place
in the area directly affected by the proceeding.
479 11/95)
ORANGE MUNICIPAL CODE
17.08. 050
7 .08.050 Anneals.
A. Right of Appeal. Any action taken by the Community
Development Director, Staff Review Committee, 2oning
Administrator, or the Desiqn Review Board in the
administration or enforcement of the provisions of this
chapter may be appealed by any person aqgrieved, or by an
officer, commission or department of the City. Such appeals
can be made to the Planning Commission. Any action taken by
the Planning Commission may be appealed to the City Council.
Ords. 12-95; 20-82: Prior Codes 17.92. 090 and 17.86. 120)
B. Appeal Stays Proceedings. An appeal stays all proceedings
in furtherance of an action appealed, unless the Community
Development Director, after reviewing the case, recommends
to the body deciding the appea:l that a stay would, in his
opinion, cause imminent peril to :Life and property. (ord.
12-95: Prior Codes 17 .92 . 100 and :17.86. 130)
C. Form and Content of Notice of Appeal. The notice of appeal
shall be in writing and shall be filed in the Planning
Division upon forms provided by the City. An appeal from
any action in the administration or enforcement of this
chapter shall indicate specifical:ly the error or abuse of
discretion. (Ord. 12-95)
D. Time for Filing. Any appeal shall be filed within 15
calendar days after the hearing or action from which the
appeal is made. Upon the filing of appeal, the Planning
Division shall transmit a copy of the appeal to the body
authorized to hear the appeal. (Ords. 12-95; 4-87; 38-68:
Prior Code 17.92 . 120)
E. Appeal of Actions taken by the Community Development
Director, Staff Review Committee, Design Review Board or the
Zoning Administrator.
1. Hearing Date and Notice. Upon receipt of the notice of
appeal, the Planning Division shall set a date for a
Planning Commission hearing of the matter and give
notice of the date, time and place of the hearing to
the applicant and appellant. Further, the Planning
Division shall give public notice of the hearing as
required in Section 17.08.04 at least ten days prior
to the date of the hearing. Prior to such hearing, the
Planning Division shall transmit to the Planning
Commission a report of the findinqs and at such hearing
shall present all documents on file.
11/95) 480
ORANGE MUNICIPAL CODE
17.08. 050--17.08. 070
2 . Authority of Planning Commission. The Planning
Commission shall consider the record and such
additional evidence as may be offered and may affirm,
reverse or modify, in whole or in part, the action that
was appealed. The Commission may also make or
substitute additional decisions or determinations as it
finds warranted under the provisions of this chapter.
The Planning Commission shall transmit a copy of the
decision to the applicant, appellant, and the Planning
Division.
F. A:ppeal of Actions taken by the Planning Commission.
1. Hearing Date and Notice. Upon receipt of the notice of
appeal, the City Clerk shall set a date for City
Council hearing of the matter and give notice of the
date, time and place of the hearing to the applicant,
the appellant and the Planning Division. The City
Clerk shall give public notice of the hearing as
required in Section 17.08 .040 at least ten days prior
to the date of the hearing. Prior to such hearing, the
Planning Division shall transmit to the City Clerk a
report of the findings and at the City Council hearing
shall present all documente on file.
2 . Authority of City Council. The City Council shall
consider the record and such additional evidence as may
be offered and may affirm, reverse or modify, in whole
or in part, the action that was appealed. The Council
may also make or substitute additional decisions or
determinations as it finds warranted under the
provisions of this chapter. The City Council shall
transmit a copy of the decision to the applicant,
appellant, and the Planning IDivision. (Ord. 12-95)
17. 08.060 Time Extensions. The body granting final
approval may, upon written request prior to expiration, grant up
to one year extension of time of any approved permit application,
upon p resentation of extenuating circumstances, subject to the
contin.gency that no conditions are added, deleted or modified.
Such t.ime extension shall not require public notice. (Ords.
12-95; 4-87; 38-68: Prior Code 17.92 . 120)
1.7.08. 070 Fees. A filing fee, as determined by City
Counci.l resolution, shall accompany an application for any action
taken under the provisions of this Title. Any applications made
by the City or any of its representatives shall be exempted from
this requirement. (Ords. 12-95; 20-82; 53-77: Prior Code
17.92.050)
481 11/95)
ORANGE MUNICIPAL CODE
17.10•--17.10.020
CHAPTER 17.10
SPECIFIC ADMINISTRATIVE PROCEDURES
secti,ns:
1,. 10.010 General Plan Amendments
1,.10.02o Amendments to Zoning Ordinance and Zoning Map
1,.10.030 Conditional Use Permits
1,.10.040 Variances
1,i.10. 050 Administrative Adjustments
1". 10. 060 Site Plan Review
1,. 10. 070 Design Review
1". 10. 080 Environmental Review
1;. 10. 090 Demolition
10. 010 General Plan Amendments. Amendments to the
Gener+31 Plan shall be processed in the same manner as Amendments
to th e Zoning Ordinance, subject to the additional requirements
of Ca:lifornia Government Code Sections 65350-65362. (Ord. 12-95)
10.020 Amendments to Zoning Ordinance and Zonina Mao.
A. Initiation and Application. Initiation and application for
amendments to the Zoning Ordinance or Zoning Map shall be
meide pursuant to Section 17. 08. 03G of this Title.
B. P:Lanning Commission Procedures.
1.. Hearing Required. Upon receipt of an application
requestinq a Zone Change or Zoning Ordinance Amendment,
the secretary of the Planning Commission shall set the
matter for hearing not more than 60 days from the date an
application is deamed completa. The Planning Commission
shall hold at least one public hearing on the matter.
Ord. 12-95: Prior Code 17.92 .090)
2 ,. Recommendation to City Council. The Planning Commission
shall render its decision in written form to the City
Council, and the report shall include the following
information:
a. Reasone for the recommendation;
b. The relationship of the proposed amendment to the
General Plan and applicable Specific Plans; and
c. Environmental determination.
11/95)482
ORANGE MUNICIPAL CODE
17 . 10. 020--17. 10-030
C. HEaaring by City Council. Upon receipt of the report from the
P:Lanning Commission, the Council shall conduct at least one
public hearing on the matter. The Council may approve,
modify or disapprove the Commission's recommendation. If the
maitter under consideration is a change of zone and the
P:Lanning Commission has recommended against the adoption of
tlie change of zone, the Council shall not be required to take
any further action on the amendment unless an interested
p<irty appeals the matter to the Council within 15 days of the
d ite of the denial. (Ords. 12-95; 4-87 ; 38-68: Prior Code
1'7.92. 120)
D. P:lanning Commission Review of City Council Changes.
Substantial modification of the proposed amendment by the
C:ity Council which was not previously considered by the
P:Lanning Commission shall be referred to the Planning
C mmission for report and recommendation. (Ords. 12-95;
4•-87; 38-68: Prior Code 17.92 . 120)
1'7. 10. 030 Conditional Use Permits.
A. Piarpose and Intent. The City recognizes that certain types
o:E land use, due to the nature of the use, require special
i ndividual review. Such review is required to determine
wlzether the proposed use, or the ocation of the use, is
a mpatible with surrounding uses or can be made compatible
tlnrough the imposition of development conditions. The
a nditional use permit is established to facilitate such
r eview. (Ords. 12-95; 1-95; 17-86; 10-85; 26-83 ; 20-82 ; 41-
7 6; 37-73 ; 3-68; 13-65: Prior Codes 17.92 .010)
B. I nitiation and Application. Initiation and application for a
c nditional use permit shall be made pursuant to Section
1'7.08. 030 of this Title. (Ord. 12-95)
C. C nditional Use Permits Reviewed by Planning Commission.
1. The Planning Commission shall hear applications made for
all conditional use permits wi.th the exception of those
made to the City Council or Zoning Administrator,
pursuant to Sections 17. 10. 03Q (D and E) . At least one
noticed public hearing shall be held for a conditional
use permit application. Also, the Planning Commission
shall hear any conditional use permit application which
has been submitted in conjunction with any other
application subject to Planning Commission review.
483 11/95)
ORANGE MUNICIPAL CODE
17. 10. 030
2 . The Planning Commission shall make a finding by
resolution stating its authority to grant, deny or make a
recommendation to the City Council regarding the
conditional use permit. The granting or revocation
thereof shall conform to Subsections F, G, and H of this
section.
3 . Due to the nature of some specific uses, special
conditions may apply beyond those outlined in this
section. The special conditions, where applicable, are
contained within the regulations established for the
various zone districts (Chapters 17. 14 through 17. 32 of
this Title) .
D. Conditional Use Permits Reviewed by City Council. The City
Cc uncil shall have the final authority to review and
dEatermine the followinq conditional use permits.
1., Accessory Second Housing Unit applications pursuant to
Section 17. 14. 060.
2 ., Alcoholic beverage sales in conjunction with sale of
motor fuel, and off-sale of alcoholic beverages in
industrial zones.
3 „ Bingo Games pursuant to Section 17. 18. 060.
4.. Hazardous Waste Facility applications pursuant to Chapter
17.42 .
5. Heliports pursuant to Sections 17. 18.060 and 17.20.030.
6. Hospital expansions or new construction pursuant to
Section 17. 18.060.
7. Planned Unit Development applications pursuant to Chapter
17. 16. (Ords. 12-95; 38-68: Prior Code 17.92 . 120)
E. Conditional Use Permits Reviewed by Zoning Administrator.
1. The Zoning Adminiatrator shall have the authority to
review the following conditional use permits:
a. Permits to allow video and similar games in
appropriate zones as prescribed.
b. Permit for large family day care homes, subject to
special criteria and hearinq requirements set forth
in Section 17 .14.060.
c. Permits for collection or processing facilities
recycling) subject to standards set forth in Section
17. 18.060.
11/9°i)484 11/95)
ORANGE MUNICIPAL CODE
17.10.030
2 . At least one noticed public hearing shall be held for a
conditional use permit application.
F. Requirements for Granting Conditional Use Permits.
Co ditional use permits may be heard and decided provided
tha.t findings are made based on the following guidelines:
1. A conditional use permit sha.11 be granted upon sound
principles of land use and in response to services
required by the community.
2. A conditional use permit shall :not be granted if it will
cause deterioration of borderinq land uses or create
special problems for the area in which it is located.
Ords. 12-95; 1-95; 40-76: Prior Codes 17 .94. 050 and
17.94.060)
3 . A conditional use permit must be considered in
relationship to its effect on the community or
neighborhood plan for the area in which it is located.
4 . A conditional use permit, if granted, shall be made
subject to those conditions necessary to preserve the
general welfare, not the individual welfare of any
particular applicant. (Ord. 12-95)
G. Ap roval May Be Conditional. In gr.anting any conditional use
pe rmit, the reviewing body may prescribe appropriate
conditions and safeguards in confor.mity with this chapter.
Violation of such conditions and safeguards, when made a part
of the terms under which the conditional use permit is
gr nted, shall be deemed a violation of this code and
pu nishable under this code. The reviewing body may prescribe
a time limit within which the action for which the
co nditional use permit is required shall be started,
co mpleted or both. (Ord. 12-95)
H. Revocation of Conditional Use Permits.
1. A conditional use permit granted in accordance with the
terms of this chapter ahall be revoked if:
a. It has not been used in acaordance with the terms of
approval;
b. Was obtained under fraud or misinformation; or
c. The use has ceased to exist for more than six months.
2 . Every approved conditional use permit shall become void
unless the use has commenced or substantial construction
has begun within 24 months after the date the conditional
485 11/95)
ORANGE MUNICIPAL CODE
7. 10. C130--17.10.040
use permit was approved. Extensions of time may be
granted in accordance with Section 17.08.060.
3 . A conditional use permit may be revoked if any of the
conditions or terms are violated, or if any ordinance or
other provision of law is violated in connection with the
permit. The Planning Commission shall hold a public
hearing to determine if the terms of the conditional use
permit are being violated in addition to any other
ordinance or provision of law, and shall make a
recommendation to the City Council. The City Council
shall make the final determination on a revocation.
Ords. 12-95; 20-82; 20-79; 3-79; 40-73; 20-69: Prior
Codes 17.92. 140 and 17.86. 170)
17.10. 040 Variances.
A. Purpose and Intent. The City recognizes that certain
properties, due to their unique shape, size, location or
other physical condition cannot be developed in strict
conformance with the regulations of this Title. The variance
procedure is established to provide quidelines and
regulations for the granting of relief from certain
provisions of this Title. However, in no case may a variance
be granted to permit a use otherwise not permitted in a zone
district. (Ord. 12-95)
B. Initiation and Application. Initiation and application for a
variance shall be made pursuant to Chapter 17.08. 030 of this
Title. (Ords. 12-95; 4-87; 80-62; 56-60; 13-58: Prior Codes
17.02. 040, 17.92. 030 and 17.86)
C. Variancee Reviewed by Planning Commission. The Planning
Co:mmission shall hear applications for all variances not
un 3er the jurisdiction of the Zoninq Administrator, as
indicated in Section 17. 10. 040.D. Also, the Planning
Co:mmission shall hear any variance application which has been
su:bmitted in conjunction with any ather application subject
to review by the Commission. At least one noticed public
he;aring shall be held to consider the variance application.
O:rds. 12-95; 64-62: Prior Code 17. 10. 040)
D. Va:riances Reviewed by Zoning Administrator. The Zoning
Administrator shall have the authority to review the
fo:llowing applications for Variances:
1. The location of accessory buildings which do not conform
to the requirements of the Orange Municipal Code;
11/95)486
ORANGE MUNICIPAL CODE
17. 10.040
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;
b. Building site area;
c. Building site coverage; and
d. Building site width.
3 . Waiver of wall height requirements;
4 . Waiver of garage location and access requirements;
5. Waiver of parking lot dimensional standards;
6. Waiver of sign requirements; and
7. Waiver of antenna requirements for height, location,
site, and setbacks.
C ertain minor variations from development standards can be
accomplished through the granting of an Administrative
Adjustment Permit, as outlined in Section 17. 10.050 of this
Cliapter. (Ords. 12-95; 2-86; 20-82 ; 35-70: Prior Codes
1'7.94 .060 and 17.94. 070)
E. REaquirements for Granting of a Variance. The followingf:indings must be made by the responsible reviewing body in
g-antinq a variance pursuant to Section 65906 of the
California Government Code:
1. That because of special circumstances applicable to
subject property, including size, shape, topography,location or surroundings, the strict application of the
zoninq ordinance is found to deprive the subject property
of privileges enjoyed by other properties in the vicinityandunderidenticalzoneclassification; and
2 . That the variance granted shall be subject to such
conditions which will assure that the authorized
adjustment shall not constitute a grant of special
privilege inconsistent with the limitations upon other
properties in the vicinity and zone in which subject
property is located. (Ords. 12-95; 40-74: Prior Codes
17.94. 070 and 17.94. 080)
487 11/95)
ORANGE MUNICIPAL CODE
17. 10. 040--17. 10. 050
F. Approval May Be Conditional. in granting any variance, the
reviewing body may prescribe appropriate conditions and
safeguards in conformity with this chapter. Violation of
such conditions and safequards, when made a part of the terms
under which the variance is granted, shall be deemed a
violation of this code and punishable under this code. The
reviewing body may prescribe a time limit within which the
action for which the variance is required shall be started,
completed or both. (Ord. 12-95)
G. Revocation of Variances.
1. A variance granted in accordance with the terms of this
chapter shall be revoked if:
a. It has not been used in accordance with the terms of
approval; or
b. Was obtained under fraud or misinformation.
2. Every approved variance shall become void unless utilized
within 24 months after the date the variance was
approved. Extensions of time may be granted in
accordance with Section 17. 08.060.
3 . A variance granted in accordance with the terms of such
permit may be revoked if any of the conditions or terms
are violated or if any ordinance or other provision of
law is violated in connection with the variance. The
Planning Commission shall hold a public hearing to
determine if the terms of the variance are being violated
in addition to any other ordinance or provision of law,
and shall make a recommendation to the City Council. The
City Council shall make the final determination on a
revocation. (Ords. 12-95; 20-82 ; 20-79; 3-79; 40-73 ;
20-69: Prior Codes 17.92 . 140 and 17.86. 170)
7_.10 050 Administrative Adjustments.
A. Purpose and Intent. The administrative adjustment permit
pr ocess is established to allow for a simplified review
pr ocess for specific land use actions which the City
anticipates will not adversely affect surrounding properties.
O:rds. 12-95; 20-82 ; 35-70)
B. Initiation and Application. Applications may be initiated by
th City Council, Planning Commission, or owners or
au•thorized agents of real property affected by the proposed
am ndment or action. Applications shall include the
fo:llowing:
11/95)488
ORANGE MUNICIPAL CODE
17.10.050
1. A description of the request (site plans may be
required) ;
2 . Reasons justifying an approval of the application;
3. Fees as required by Section 17.08. 070; and
4. Additional data and information may be required at the
discretion of the Planning Divi.sion. (Ords. 12-95;
20-82; 35-70)
C. Zo ing Administrator Review. The Zoning Administrator shall
ha ve the authority to review adminristrative adjustment permit
ap lications and may act to approve, conditionally approve or
demy such applications. No public hearing shall be required
to consider the issuance of an admanistrative adjustment
pe:rmit. (Ords. 12-95; 20-82 ; 35-70: Prior Codes 17.94 .080
arn3 17.94 .090)
D. Ac1tions Considered To Be Administrative Adjustments. The
fo:Llowing types of land use actions shall be subject to
review by the Zoning Administrator as administrative
ad;justments:
1. Adjustment of Required Yards and Setbacks. The Zoning
Administrator may approve a reduction in the required
yard within any zone as follows:
a. Front Yard - A maximum of 20 percent.
b. Side Yard - A maximum of 20 percent
c. Rear Yard - A maximum of 20 percent.
Any proposed deviation in excess of these limits shall be
considered a variance and shall be subject to the
provisions of Section 17. 10.040.
2 . Adjustment of Other Development Standards. Other
development standards in all zones may be adjusted a
maximum of ten percent. Any proposed deviation in excess
of ten percent shall be considered a variance and shall
be subject to the provisions of Section 17. 10.040.
3 . Cul-de-Sac and Knuckle Lot Frontage. The Zoning
Administrator may reduce lot frontage requirements for
lots fronting on cul-de-sac or knuckle streets.
4 . On-Site Sale of Agricultural Products. The Zoning
Administrator may approve the sale of agricultural
products on the site where they are being grown. (Ords.
12-95; 40-74: Prior Codes 17.94 . 070 and 17.94. 080)
489 11/95)
ORANGE MUNICIPAL CODE
17. 10. 050--17. 10.060
E. Findings Required. The Zoning Administrator shall make the
following findings in granting an administrative adjustment
permit:
1. That the reduction in standards will not be detrimental
to the public health, safety, and general welfare of
persons residing or working on the subject property or in
the vicinity.
2 . That issuance of the permit does not compromise the
intent of this code. (Ords. 12-95; 20-82 : Prior Code
17.94. 120)
7. 10. 060 Site Plan Review.
A. Piarpose and Intent. The site plan review process is
e:>tablished to provide a means of reviewing development
p:rojects to ensure that projects reflect the highest quality
o:E land planning and design, that projects conform to City
diavelopment standards, that new projects are compatible with
surrounding development and neighborhoods in terms of scale,
style and construction materials, that on and off-site
c:irculation is adequate to support the project; that City
s arvices are adequate and available, and to ensure the
m<iintenance, restoration, enhancement and protection of the
environment. (Ord. 12-95)
B. Initiation and Application. Appli.cations for site plan
rEaview shall be filed in accordance with submittal
reaquirements as determined by the Staff Review Committee.
Aciditional information may be requested from an applicant to
a]Llow for thorough site plan review of a project.
Ord. 12-95)
C. When Site Plan Review is Required. Site plan review shall
apply to any new use of previously vacant land, new
construction, or rehabilitation or expansion of existing
st:ructures in all zones. Exception: Site plan review shall
nc>t be requirad for construction of a new single family
re:sidence, or rehabilitation of an existing single family
rE sidential structure in zoning districts permitting such
us:e. Expansion of an existing single family residence is
a].so exempt from site plan review, provided that such
e,:pansion does not result in the creation of any additional
dc,relling unit(s) . (Ord. 12-95)
11/9`->)490
ORANGE MUNICIPAL CODE
17. 10. 060
D. Mi:nor Site Plan Review.
1. Criteria. Any proposal meeting the criteria below may be
considered a minor site plan unless the Community
Development Director or the Staff Review Committee
determines that the special circumstances relating to the
project warrant review as required for major site plan
review. These criteria correspond to those projects
identified by the California Environmental Quality Act
CEQA) as being categoricall.y exempt.
a. Additions to existing structures provided that the
addition will not result in an increase of more than
10, 000 square feet if the project is in an area where
all public services and facilities are available to
allow for maximum development permissible in the
general plan, and the area is not environmentally
sensitive.
b. Construction of six or fewer residential units on a
single parcel, when only one parcel is being
developed.
c. Construction of up to three small commercial or
industrial structures, not involving the use of
significant amounts of hazardous substances, and
designed with a maximum occupancy load of 3o persons.
d. Conversion of a residence to a non-residential use
within zones permitting such use.
e. Remodeling or reuse of an idle service station, or
conversion of any portion of a service station to
another use as required in Section 17. 30. 060.
f. Creation of lots or building sites with no direct
access to a public street.
g. Establishment of mobile homes as a residence for a
caretaker, custodian, or guard at recreational,
equestrian, industrial, and institutional locations.
h. Moving any existing structure or building onto a
building site from another location or building site.
i. Restriction of access to any required parking spaces
on any property by means of fencing or gating.
2 . Procedure. Staff Review Committee, as established by
Section 17. 08.020.E of this Title, shall serve as the
reviewing body for minor site plan review. Once an
application for minor site plan review has been deemed
complete, the Committee shall consider and approve,
approve with conditions, deny or refer the project to the
Design Review Board and/or the Planning Commission. A
continuance may be granted upon mutual consent of the
applicant and Staff Review Committee. Appeals of Staff
Review Committee decisions shall be made in accordance
with City appeal procedures, Section 17. 08 .050. (Ord.
12-95)
491 11/95)
ORANGE MUNICIPAL CODE
17.1Q.060
E. Major Site Plan Review.
1. Criteria. Any proposal exceeding the criteria for minor
site plan review shall require major site plan review.
2. Procedure. Staff Review Committee and Design Review
Board shall serve as the preliminary reviewing bodies for
major site plan review. Once an application for major
site plan review has been deemed complete, both the Staff
Review Committee and Desiqn Review Board shall
independently consider and make a recommendation to
approve, approve with conditions, or deny the project. A
continuance may be granted upon mutual consent of the
applicant and Staff Review Committee. The
recommendations shall be forwarded to the Planning
Commission secretary for placement on the Commission's
consent calendar, and shall be noticed as provided for in
Section 17.08.040 of this Title. Procedures for acting
on consent calendar items shall be established by the
Planning Commission and shall be adopted by resolution.
The Commission, in considerinq a site plan review
application, shall review the recommendations of the
Staff Review Committee and Design Review Board. The
Commission shall act to approve, approve with conditions
or deny the application. A continuance may be granted
upon mutual consent of the applicant and Planning
Commission. Planning Commission action shall be deemed
final unless an appeal to the City Council is filed
within 15 days of the decision in accordance with Section
17. 08. 050. (Ord. 12-95)
F. S:ite Plan Review Criteria. In addition to project review for
compliance with the development standards of the underlying
zc>ning district and other applicable ordinance provisions,
s:ite plan review will include review of those development
qualities which are not subject to precise definition in the
rEagulations of each zone. The following criteria are listed
to illustrate the issues to be considered by the Staff Review
Cc>mmittee and/or Planning Commission in project review and
dEatermination:
1., Compatibility of the project with surrounding development
and neighborhoods:
a. The development shall be consistent in size and scale
with surrounding development.
b. The building design and materials shall be compatible
with the character of the surrounding area.
c. The building design shall consider and respect the
privacy of adjacent residents.
11/9'•)492
ORANGE MUNICIPAL CODE
17.10. 060
d. Building and site design shall be consistent with any
applicable design guidelines.
e. Projects within Redevelopment Project Areas shall be
consistent with Project Area goals.
f. Development shall have adequate buffering to screen
exterior trash, loading and storage areas from view
of adjacent streets and structures, and to minimize
impacts of noise and lighting.
g. Projects in historic districts shall comply with
applicable design standards.
2. Building/site planning issues:
a. Buildings shall be sited to allow for a functional
use of space between structures, and to provide for
light, air and recreational opportunities
commensurate with the requirements of the proposed
use.
b. Building siting and grading shall consider the
existing topography, and grading shall blend contours
with those of adjacent properties, consistent with
City Landform Grading Guidelines.
c. Landscaping shall be provided in setback and parking
areas to provide visual relief within the streetscape
and minimize the expansive appearance of parking
lots. Landscaping shall be designed in a manner to
preserve adequate sight distances for motorists and
pedestrians entering and exiting the site, and to
maintain visibility of addressing.
d. Building bulk and massing shall consider the size,
shape and location of the site.
e. Mechanical equipment shall be screened from view of
adjacent streets and structures, in a manner which is
architecturally compatible with the building design
and materials.
f. All signage shall be integrated with building design.
3 . Circulation/traffic safety, on and off site:
a. Site access points shall be located so as to promote
safe site access and egress, and cause minimal
disruption to public street traffic flow. The
following guidelines should be used in locating
access drives:
i. Minimize the number of driveways/access points
serving a single site.
ii. Provide for reciprocal access between adjacent
parcels where possible.
iii.Provide adequate sight distance for drivers
exiting a site.
493 11/95)
ORANGE MUNICIPAL CODE
17.10. 060
iv. Locate site access points a safe distance
from street intersections, and from other
street/driveway intersections. Factors to
consider include:
a) Specific characteristics of the abutting
public streets, including street width,
capacity, traffic volume, curvature,
gradient, design speed, and intersection
characteristics;
b) Specific characteristics of the proposed
site and development plan, including
site size, shape, topography, and
traffic generation potential;
c) Characteristics of the surrounding land
uses, including existing and potential
traffic generation rates, peak hour
usage, and potential for reciprocal
access.
b. Interior site drive aisles shall align in a manner
which promotes ease of circulation, and minimizes
traffic and pedestrian/vehicular conflicts.
c. Adequate provisiona shall be made for the loading
and unloading of passenqers and/or goods.
4. City services:
a. Project developers shal:l be responsible for
improvements to public infrastructure in
accordance with the City's Master Plan of Streets
and Highways, and water, sewer, and storm drain
master plans.
b. Projects shall employ concepts of crime prevention
throuqh environmental design, and shall provide
for site access to accommodate emergency services
police, fire) .
c. Trash receptacles shall be placed throughout the
site in locations and numbers adequate for usage
and accessible for pickup.
5. Environmental protection:
a. Projects shall minimize the disruption of existing
natural features such as vegetation, topography
and ground features.
b. All streambed modification proposals shall
identify compliance with California Department of
Fish and Game requirements.
c. Projects shall make every attempt to preserve
historic properties and landmarks. (Ord. 12-95)
11/95) 494
ORANGE MUNICIPAL CODE
17.10. 060
G. Conditions of Approval. The Staff Review Committee may
recommend or require reasonable conditions of approval which
m.ay include, but not be limited to those items listed below.
T:he Design Review Board may recommend conditions of approval
f or major site plan review in accordance with Section
1'7.10. 070.E.
1. A revised site plan;
2 . Modifications of building height, bulk, mass or scale;
3 . Increased setbacks;
4 . Division or sound walls;
5 . Mitigation of potential project related environmental
impacts;
6.. Increased open space;
7., Screening of parking areas, trash receptacles, mechanical
equipment, storage areas;
8., Increased landscaping;
9. Relocation of buildings;
1C1. Revised interior circulation or parking area design;
1].. Off site improvements;
12;. Revised grading plan; or
13,. Any other changes or additions the Committee feels are
necessary to further the goals of the site plan review
process. (Ord. 12-95)
H. Fi.ndings Required. Findings shall be made as follows in
cc njunction with any project approval.
1. That the project will not cause a deterioration of
neighboring land uses.
2. That the project conforms to City of Orange development
standards and any applicable special design guidelines or
specific plan requirements.
3 . That the project will not cause significant negative
environmental impact.
495 11/95)
ORANGE MUNICIPAL CODE
17.10. 060--17. 10. 070
4,. That on and off-site circulation is adequate to support
the project.
5., That City services are available and adequate to serve
the project.
6., The project is compatible with community aesthetics.
Ord. 12-95)
I. ]Expiration. If not utilized, project approval expires two
ears from the approval date. Extension of time may be
qranted in accordance with Section 17. 08. 060. (Ord. 12-95)
17. 10. 070 Desiun Review.
A. Piirpose and Intent. The design review process is established
tc provide a means of reviewing development projects to
erisure that these projects are compatible with community
ae sthetics including architectural design, massing and scale,
context, color palette, signage and landscaping. The design
re:view process additionally serves a primary role in the
iaiplementation of adopted design standards. (Ords. 12-95;
4-•74 : Prior Code 17.96. 020)
B. Wtnen Design Review is Required. Design review is required
fcrr all projects listed below:
1. Development projects requir.ing Planning Commission or
City Council approval.
2. Any project requiring major site plan review.
3 . Signs as specified in Chapter 17. 36.
4. All projects located within a Redevelopment Project Area
except where otherwise exempted by the specific design
guidelines adopted for the project area.
5. All projects within Old Towne or other historic districts
as established, except where otherwise exempted by
adopted design standards or by an adopted specific plan.
6. Replacement structures or uses resulting from the removal
or demolition of any structure over 120 square feet in
area within an established historic district.
11/95)496
ORANGE MUNICIPAL CODE
17.10. 070
7., External chanqes and facade renovations on unreinforced
masonry (URM) buildings undergoing seismic retrofitting
as required under the City's Seismic Strengthening
Provisions for URM Buildings, Chapter 15. 55.
Ords. 12-95; 4-74: Prior Code 17.96.020)
C. Initiation and Application. Design review applications shall
be filed in accordance with application and submittal
re quirements as determined by the Design Review Board.
Application materials may include site, building and
l ndscape plans, photographs, colored renderings and material
bc ards. This information must be of sufficient detail to
al.low the Board to determine the compatibility of the change
tci the existing structure, area or district and that the
pY•oject meets established design standards and criteria.
Application for new construction in historic districts shall
al.so include contextual information pertaining to scale,
ma ssing, streetscape, landscaping and open space. (Ords.
12-95; 4-87; 20-82; 4-74 : Prior Code 17.96. 110)
D. De:sign Review Procedure and Criteria. The Design Review
Baard shall make a recommendation or final determination as
au.thorized by Section 17. 08.020.D to approve, approve with
co nditions or deny a project at a public meeting. In making
su.ch recommendation or determination, the Board shall
consider adopted design standards and guidelines (where
applicable) , Secretary of the interior's Standards and
Guidelines for Rehabilitation (where applicable) and the
following qeneral criteria in making a project determination:
1. Compatibility of the project with surrounding development
and neighborhoods:
a. The development shall be cansistent in size and scale
with surrounding development.
b. Building design, colors and material shall be
compatible with the character of the existing
structure (when the project. is a building addition)
and with the surrounding area.
2. Adequacy of screening/bufferiny:
a. Trash receptacles, storage and loading areas, and
mechanical equipment shall be screened from view of
public streets, in a manner which is architecturally
compatible with the building.
b. Landscape areas shall be provided in and around
parking lots to break up the appearance of large
expanses of paving.
497 11/95)
ORANGE MUNICIPAL CODE
17.10. 070
3 . Landscaping:
a. The type, size, and location of landscape materials
shall be compatible with the scale of building(s) and
property.
b. Landscaping shall not obstruct visibility of required
addressing, nor shall it obstruct vision of motorists
or pedestrians on or in proximity to the site.
4. Signs:
a. All signage shall be compatible with the building
design, scale, colors and materials.
b. All signs within the Plaza District should be of a
size and style compatible with the historic building
and should not cover or obscure significant
architectural detailing or features.
5. Streetscape:
a. Buildinq facades shall blend with other structures
with reqard to horizontal or vertical expression.
b. Spacing, pattern and rhythm of structures and their
architectural features shall be complementary.
c. Direction and location of entrances shall relate to
the predominate pattern on the street.
6. Bulk and Mass:
a. The existing context of bul.k and mass of each block
face shall be considered when additions and new in-
fill development are proposed.
b. Buildings located to the rear of a lot shall not
overshadow in height or mass other structures on the
property.
7. Respect for historic context:
a. The project shall retain the historic relationship
between buildings, landscape features and open space.
b. Additions shall be designed and constructed so as to
not significantly change, obscure, damage, or destroy
the character defining features of an historic
building or feature.
c. Development shall not erode or adversely affect an
historic district. (Ords. 12-95; 16-94 ; 4-87; 20-82 ;
4-74: Prior Code 17.96. 100)
E. Co:nditions of Approval. The Design Review Board may require
reasonable conditions of approval to mitigate potential
aesthetic impacts of a project. These conditions may include
bu t are not limited to the followinq:
1. Modifications to building height, bulk, scale, mass and
placement.
11/95)498
ORANGE MUNICIPAL CODE
17. 10.070--17. 10.080
2. Changes in building materials.
3 . Modification of building roof lines.
4 . Screening of parking areas, trash receptacles, storage
areas, mechanical equipment.
5. Changes in project color palette.
6. Changes to the variety, number and size of plants in
required landscape areas.
7. Other changes which are necessary to accomplish the goals
of the design review process. {Ords. 12-95; 4-87 ; 20-82;
4-74: Prior Code 17.96. 110)
F. Fi:ndings Required. The Design Review Board shall make
findings for all projects based upon design criteria stated
ab ve. Specific findings shall be made for projects as
fo:llows:
1. In the Old Towne Historic District, the proposed work
conforms to the prescriptive standards and design
criteria referenced and/or recommended by the Design
Review Board for the project.
2 . For building additions and modifications, the proposed
work will neither adversely affect the significant
architectural features of the structure nor adversely
affect the historical, architectural, or aesthetic
interest or value of the resource, its site, or the
surrounding area.
3 . For new construction, the use and design of any new
construction within an historic district shall not
adversely affect, and shall be compatible with, the use
and design of existing resources within the same historic
district.
G. E iration. If not utilized, project approval expires two
ye irs from the approval date. Extensions of time may be
granted in accordance with Section 17.08. 060. (Ords. 12-95;
20•-82 ; 4-74: Prior Code 17.96. 130)
17 . 10.080 Environmental Review. Environmental assessments
shall occur in accordance with California Environmental Quality
Act (CEQA) provisions and the City of Orange Environmental Review
Guidelines. (Ord. 12-95j
499 11/95)
ORANGE MUNICIPAL CODE
17. 10.09 0
1'7 10 090 Demolition Review
A. Purpose and Intent. The demolition review process has been
e:tablished to preserve the integrity of the City s cultural
and architectural history. For this reason, a specific
d molition review process has been established for historic
d:istricts and structures. The provisions of this section
shall apply to the demolition of:
1„ Any structure within an established historic district
that is over 120 square feet in area.
2 ., Any structure listed on the National Register at any
location within the City.
E cception: This process is not intended to apply to:
1. Demolitions ordered by the Chief Building Official or
Fire Chief of the City of Orange to remedy conditions
determined to be dangerous to life, health, or property.
Demolition of structures in the Plaza Historic District
shall require approval of the State Historic Preservation
Office.
2. Demolition of a non-contributing structure which has a
floor area less than 120 square feet. (Ord. 12-95)
B. In itiation and Application. Demolition review requires
fi.ling an application for design review in accordance with
Se:ction 17. 10.070 for any replacement use or structure.
C rd. 12-95)
C. Issuance of a Demolition Permit. A permit to demolish a
bu.ilding or structure within the boundaries of Old Towne
shall only be issued concurrently ith the issuance of a
building permit for the approved replacement building,
structure, or other permit approving the future use. This
section shall be effective when:
1. The structure is to be removed from the site, by either
destruction or relocation.
2. All or part of the structure is to be demolished to the
extent that its structural or architectural integrity is
permanently impaired. (Ord. 12-95)
11/95) 500
ORANGE MUNICIPAL CODE
17. 10.090
D. Appeals.
1. A decision by the Design Review Board to either approve
or disapprove the design of a replacement building,
structure, or use may be appealed within 15 days of the
approval in accordance with Section 17.08. 050.
An appeal of a decision by the Design Review Board to
disapprove the design of a replacement building,
structure or use shall be based upon the criteria
contained in Section 17. 10. 070.D of this code.
An appeal of a decision by the Design Review Board to
approve the design of a replacement building, structure,
or use shall be based on either one or both of the
following criteria:
a. The design of the replacement building, structure, or
the proposed use is not in conformance with the
design standards for the Old Towne District as
adopted by reference in Chapter 17. 17. 070 of this
Code; and/or
b. The building or structure proposed for demolition is
worthy of preservation because it makes a significant
contribution to the historical or cultural heritage
of the City.
It shall be the responsibility of the appellant at the
time of the appeal to submit evidence from an expert in
the area of historical structur.es establishing the
historic or cultural value of the structure.
2. An appeal which is based only on nonconformity with the
design standards for the Old Towne District will be heard
within 30 days.
3. An appeal based at least in part against the demolition
of a historically or culturally significant building or
structure shall be reviewed within 60 days from Design
Review Board approval at a duly-noticed public hearing.
At the hearing, the appellant shall present a plan and
schedule for the preservation through relocation of the
building or structure with evidence of financial ability
to complete the proposed project. The 60-day period will
allow the appellant time to qather and prepare
documentation needed for the public hearing. Final
action shall be taken on the appeal within four months of
the date of the Design Review Board decision, except on a
showing by appellant of the most compelling circumstances
justifying additional time.
501 11/95)
ORANGE MUNICIPAL CODE
17. 10. 090
4. If no appeal is filed within the established 15-day
appeal period, the demolition permit shall be issued
subject to all the provisions of this Chapter.
Ord. 12-95)
E. Penalties for Non-Compliance. Any structure demolished
without benefit of a City demolition permit may be subject to
either or both of the following penalties:
1. Civil penalties specified in Section 1.08.010 of the OMC.
2 . No application for permit nor building construction shall
be allowed for a period of one year from the date of the
demolition of the structure. This penalty shall apply to
all properties unless waived or. modified, upon appeal in
accordance with Section 17 .08 .050 of this Title.
Ord. 12-95)
11/95) 502
ORANGE MUNICIPAL CODE
17. 12--17.12 .020
CHAPTER 17. 12
GENERAL REGULATIONS APPLICABLE TO ALL DISTRICTS
Sections•
1'7.12 .010 Purpose and Intent
1'7. 12.020 Antennas
1'7. 12.030 Lighting
1'7. 12. 040 Setback Lines
1'7.12 . 050 Height of Non-Habitable Freestanding Structures
17 12 010 Puzroose and Intent. This chapter establishes
regul;ations applicable to specified zone districts. (Ord. 12-95)
1. 12.020 Antennas. The purpose of this section is to
permi•t antennas subject to regulations necessary to reduce
adver;ae environmental impacts created by their construction and
use. For definition of terms used in this section refer to
Chapt ar 17.04 of this Title.
A. Araateur Radio Antennas. Amateur radio antennas are permitted
u:>es in all zone districts and shall be subject to the
fnllowing:
1. Number. One mast shall be permitted per lot. No more
than three antennas may be mounted per mast and provided,
further, that no antennas or antenna wires shall be
attached to balloons.
2. Height. Maximum height of a mast or an antenna shall be
50 feet. However, the maximum height of an antenna
mounted upon a self supporting telescoping tower may
exceed the limit by 16 feet, provided that the highest
portion of the antenna is kept at the 50 foot height
limit at all times when the antenna is not in use.
Further provided that upon proof that the owner or person
in control of the antenna has been determined by the
State of California to be handicapped, the requirement to
retract the self-supporting telescopinq tower to maintain
the maximum height of 50 feet when not in use may be
waived by the Zoning Administrator throuqh approval of an
administrative adjustment.
3. Location. An antenna maet not roof mounted shall be
located behind the main structure and no closer than ten
feet to the rear and side property lines. A roof mounted
antenna shall be kept to the rear portion of the main
structure to minimize antenna uisibility from the street.
503 11/95)
ORANGE MUNICIPAL CODE
17. 12. 020
Horizontal antenna elements shall be located to the rear
of the center line of the main building and not extend
beyond the property line. (Ords. 12-95; 2-86: Prior Code
17.73 . 030)
B. Cellular Antennas. Cellular antennas are permitted uses in
CP, C1, C2, CTR, C3, M1 and M2 districts and shall be subject
to the following:
1. Ground Mounted Antennas. Antennas shall be located at
least 100 feet from any residentially zoned property,
shall not exceed 65 feet in height and shall conform to
all building setback requirements. All equipment
associated with the operation of a ground mounted
cellular antenna shall comply with development standards
for the zone in which they are located.
2. Building Mounted Antenna. Antenna elements located on
top of buildings shall not exceed ten feet in height, and
the combined height of the building and antenna shall not
exceed the height limitations of the underlying zone or
building approval. Support and/or switching equipment
shall be located inside the building.
All applications for building mounted antennas will
require administrative review by planning staff prior to
issuance of building permits. Planning staff will review
antennas for visual impact, aff.ect on surrounding land
uses, and potential safety hazards. (Ords. 12-95; 1-91;
2-86; 20-82 : Prior Code 17.72. 010)
C. Satellite Dish Antennas. Satellite dish antennas are
permitted uses in all zone districts subject to the
following:
1. Number. One satellite dish antenna shall be permitted
per lot.
2. Height. Satellite dish antennas shall be limited to a
maximum heiqht of 15 feet as measured from pedestal base
to highest point on the dish.
3. Location. Satellite dish antennas shall not 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 shall be
ground mounted in all residential zones and may be roof
mounted in all other districts. All antennas must be
screened in such a manner aa not to be visible from a
public right-of-way.
11/95) 504
ORANGE MUNICIPAL CODE
17. 12.020--17. 12 . 040
Any screening shall be architecturally compatible with
the main structure. No antennas shall be installed on
portable or movable structures such as a trailer.
D. Other Antennas. Any antenna not specified in Sections A
through C above used for commercial purposes shall comply
with the provisions of Section B above. (Ord. 12-95)
17. 12 .030 Liahtina. The following provisions shall apply:
A. Lighting on any premise shall be directed, controlled,
screened or shaded in such a manner as not to shine directly
on surrounding premises. Furthermore, lighting on any
residential property shall be controlled so as to prevent
glare or direct illumination of any public sidewalk or
t:horoughfares. (Ords. 12-95; 14-93 : Prior Codes 17.38.230;
1'7.32 .260 and 17.26.230)
B. O n any commercial or industrial zoned property, glare from
e:xterior lighting shall be shielded, screened or oriented so
a;s to not be seen from any point beyond the exterior
b undaries of the property and so the source shall not be a
maisance to any point beyond the exterior boundaries of the
p:roperty or cause illumination in residential districts in
e:Kcess of 0.5 foot-candles. Flickering or intrinsically
b right sources of illumination shall be controlled so as not
t< be a nuisance in residential districts. illumination
l avels shall be measured with a photoelectric photometer
h iving a spectral response similar to that of the human eye,
following the spectral luminous efficiency curve as adopted
b;t the International Commission on Illumination. (Ords.
1;>.-95; 14-93 : Prior Codes 17.46.320 and 17.40.230)
1,. 12 .040 Setback L nes. The following regulations apply
to al:l zone districts with regard to building setback lines.
A. NE:cessity and Purpose. The Planning Commission and the City
Cnuncil of the City of Orange find that the setback lines
es tablished in this Title are necessary to promote public
seifety, health and welfare as follows:
1. To provide for reasonable access for firefighting
equipment;
2 . To provide for access by police;
3 . To provide for means by which civil defense measures maybeenforced;
505 11/95)
ORANGE MUNICIPAL CODE
17. 12.040
4. To provide greater traffic safety and easy movement of
vehicular traffic;
5. To protect pedestrians from hazards;
6. To provide for pedestrian travel and to permit
pedestrians adequate ingress and egress and easy access
to and from public streets and sidewalks;
7. To provide for property drainage control;
8. To provide permanent open space;
9. To provide light and air and to eliminate congestion;
10. To provide room for landscaping and architectural trim
features; and
il. To implement comprehensive plans to generally improve the
welfare of the public and the neighborhood. (Ords. 12-95;
20-82 ; 14-65; 568: Prior Codes 17.72. 030 and 17.76.010)
B. Measurement of Setback Lines from Street. The front yard and
street side setback in all zone districts shall be measured
from the ultimate street right-of-way line. The ultimate
wi dth of the street shall be as shown in the Master Plan of
Streets and Highways and as modified by adopted precise
street plans. (Ords. 12-95; 20-82 ; 14-65; 33-60; 568: Prior
Co 3es 17.72 . 040 and 17.76. 030)
C. St:ructures Prohibited Within Setback Area. No building,
st:ructure, heating, air conditioning, pool or other
me chanical equipment shall be erected or relocated between
th e required setback line and the ultimate right-of-way of
an.y public street except as provided for in Chapters 17. 14
th:rough 17.26 of this Title. Signs may be permitted within
thiB setback areas as specified in Chapter 17. 36 of this
Ti tle. (Ord. 12-95)
D. La ndscaping of Setback Area Required. All required setbacks
abutting a public right-of-way shall be permanently
ma:intained with landscaping. The following features may also
be permitted in such setback areas:
1. walkways, and driveways leading to parking spaces.
2. Railings or fences not exceeding 42" in height.
11/95) 506
ORANGE MUNICIPAL CODE
17. 12 .40--17. 12 .050
3 . Fountains, ponds, sculptures, planters, and flagpoles for
the display of national and state ensigns only. (Ords.
12-95; 14-65: Prior Code 17.72 .050)
17' 12 050 Heiaht of Non-Habitable FreestandinQ Structures.
The height of freestanding structures, other than antennas as
provicied in 17. 12 .020 and sign structures as provided in 17.36,
shall comply with building height requirements of the zone.
AdditiLonal height may be considered by minor site plan review as
specii`ied in Section 17. 10. 060. (Ords. 12-95; 1-91; 2-86; 20-82 :
Prior Codes 17.72 .010 and 17.74.010)
507 11/95)
ORANGE MUNICIPAL CODE
17. 14
CHAPTER 17. 14
RESIDENTIAL DISTRICTS
Sections•
1'7.14.010 Residential Districts - Purpose and Intent
1'7. 14.015 New Residential Development
1'1. 14. 020 Districts Established
1'1.14. 030 Permitted Uses
1'7. 14 .040 Prohibited Uses
1'7. 14.050 Special Use Regulations
1'7. 14. 060 Conditional Use Regulations
1'7.14.070 General Requirements
1'7. 14.080 Building Lot Area Requirements
1'7.14. 090 Yard Requirements
1'7.14. 100 Greater Height Permitted
1'7. 14 . 110 Usable Open Space Required
17. 14. 120 Distance Between Dwellings and Other Principal
Structures
1'i.14. 130 Minimum Floor Area in R-3 and R-4 Districts
1'1. 14 . 140 Minimum Storage Area in R-3 and R-4 Districts
1'. 14. 150 Corner Cut-Off Required
1;.14. 160 Attached Accessory Structures or Garages
1;. 14 . 170 Detached Accessory Structures or Garages
1;. 14.180 Fences and Walls
1;. 14. 190 Swimming Pools
1;.14.200 Parking
1;. 14 .210 Landscaping
17. 14.220 Signs
17.14 .230 Trash Enclosures
1'.14.240 Screening of Mechanical Equipment
1i. 14.250 Old Towne Design Standards
li'. 14.260 Additional Development Standards for Mobile Home
Parks
17'. 14.270 Senior Citizen Housinq - Purpose and Intent
17'. 14.280 Definitions
17'. 14.290 General Development Requirements
17'. 14.300 State Incentives and Requirements
17'. 14. 310 Special incentives and Requirements
17'.14.320 Conditional Use Permit Required
17. 14.330 Deed Restriction
17. 14. 340 Affordable Housing - Purpose and Intent
17 .14. 350 Definitions
17 . 14.360 Eligibility
17 . 14. 370 Development Incentives
17.14. 380 Application Procedure
17. 14 .390 Affordable Unit Distribution and Product Mix
17. 14.400 Affordability Agreement
17.14.410 Findings
17. 14 .420 Enforcement
11 95')508
ORANGE MUNZCIPAL CODE
17. 14. 010--17. 14.020
17. 14 010 Residential Districts - Purnose and Intent. The
purpose of this chapter is to create and preserve residential
areae for a range of housing types and lifestyles. These
provi.sions establish use regulations and development standards
whicki are intended to create the highest quality residential
devel.opment, minimize land use conflicts, encourage the
rehat ilitation and maintenance of residential neighborhoods and
imple:ment the goals of the City's General Plan.
The provisions of this chapter do not guarantee that the maximum
Genex•al Plan density is achievable for all projects and
prope:rties. Development density is dependent on many factors
inclu.ding lot configuration, topography, unit size, development
stand.ards, neighborhood context and other discretionary factors.
Ord. 12-95)
17. 14. 015 New Residential Develooment. The City Council has
adopted a policy that establishes a target qoal of allocating 20
of the annual production of new residential housing as affordable
to very low, low and moderate income households. Developers of
projects with 11 or more dwelling units are required to
participate in discussions with City staff to evaluate the
feasibility of providing affordable units. Such discussions are
encouraged to occur early in the deve:lopment review process,
notably prior to the filing of applications. Various incentives
are available to assist in making it economically feasible for
developers to provide affordable hous.ing. incentives such as
increases to residential density and reductions to development
standards are available by request an3 approval of a conditional
use permit. Financial assistance thr ugh local, state, and
federal programs may also be requested. The New Housing
Construction Policy, the available incentives, and the
development review process involved wzth determining feasibility
are described in the City's Affordable Housinq Plan, which
supplements the Orange General Plan Housing Element. (Ords. 12-
95; 19-94)
17. 14.020 Districts Establ shed. Sixteen residential
zonirn3 districts are established by this chapter. All uses
withi:n these districts are subject to the provisions of Table
17. 14 .030, and all development shall be in accordance with the
City';s General Plan Land Use policy goals and with the
devel pment standards set forth in Table 17.14 .070.
A. ]1-5 (Single-Family Residential) . A single-family
residential district with a minimum lot area of 5,000 square
Eeet. The R1-5 district is created to implement the East
l range General Plan where policies have been established to
ansure functional and attractive single-family
eighborhoods.
509 11/95)
ORANGE MUNZCIPAli CODE
17. 14 .020
Che R1-5 designation shall be permitted only in areas
iesignated Low Medium Density Residential on the General
lan Land Use Policy Map. The R1-5 district is intended for
Limited use (no more than 10 of total residential product
mix) in large scale development projects in which at least
0 of the planning area is retained as permanent open
space. (Ord. 12-95)
B. R1-6 (Single-Family Residential) . A single-family
esidential district with a minimum lot area of 6, 000 square
eet. (Ords. 12-95: Prior Codes 17. 10 and 17.26. 010)
C. R1-7 (Single-Family Residential) . A single-family
r.esidential district with a minimum lot area of 7, 000 square
i`eet. (Ords. 12-95; 42-65; 8-62; 33-59; 700: Prior Codes
L7.12. and 17.24)
D. R1-8 (Single-Family Residential) . A single-family
residential district with a minimum lot area of 8, 000 square
i`eet. (Ords. 12-95; 42-65; 54-59; 700: Prior Codes 17. 14
eind 17.22)
E. Fti-10 (Single Family Residential) . A single family
i-esidential district with a minimum lot area of 10, 000
quare feet. (Ords. 12-95; 45-65; 33-59; 700: Prior Code
7.7. 16 and 17.20)
F. Ftl-12 (Single-Family Residential) . A single-family
residential district with a minimum lot area of 12, 000
e;quare feet. (Ords. 12-95; 45-65: Prior Codes 17. 18 and
5i 105. 10)
G. F;1-15 (Single-Family Residential) . A single-family
z•esidential district with a minimum lot area of 15,000
quare feet. (Ords. 12-95; 45-65: Prior Codes 17.20;
1.7. 16.010, 9105.9)
H. F:1-20 (Sinqle-Family Residential) . A single-family
r•esidential district with a minimum lot area of 20, 000
square feet. (Ords. 12-95; 49-71: Prior Codes 17.22 ; 17. 14)
I. P.1-40 (Single-Family Residential) . A single-family
xesidential district with a minimum lot area of one acre
43,560 square feet) . (Ords. 12-95; 11-89; 49-71: Prior
C'odes 17.24 and 17. 12)
J. R.1-R (Single-Family Residential) . A single-family rural
residential district with a minimum lot area of two and one-
half acres (108, 900 square feet) . The purpose of this
district is to allow for low dens.ity rural residential use
in a manner which will eliminate or minimize modifications
11/95)510
ORANGE MUNICIPAL CODE
17. 14.020
to significant riparian habitat, oak woodlands and prominent
landforms located within the areas encompassed by this land
use designation. (Ord. 12-95)
K. iR2-6 (Duplex Residential) . A residential district that
provides opportunities for duplex development on lots
containing a minimum area of 6, Op0 square feet. This
iistrict recognizes the need to provide multiple-family
zousing in the form of duplexes, detached dwellings, or
amall apartment buildings. (Ords. 12-95; 12-87 ; 20-82 ; 6-
30; 17-76; 44-58; 493 : Prior Codes 17. 26 and 17. 28)
L. ]22-7 (Duplex Residential) . A residential district that
illows duplex housing on lots containing a minimum area of
7, 000 square feet. (Ords. 12-95; 12-87; 20-82 ; 16-76: Prior
Code 17.28 and 17.28. 060)
M. R2-8 (Duplex Residential) . A residential district that
aillows duplex housing on lots containing a minimum lot area
c f 8, 000 square feet. (Ords. 12-95; 12-87; 20-82 ; 16-76:
rior Codes 17.30 and 17.28. 070)
N. R-3 (Multiple-Family Residential) , A multiple-family
esidential district which allows apartments, condominiums,
ind townhomes. The purpose is ta provide a minimum of
c round area coverage and a maximum of open space within
higher density developments. (Ords. 12-95; 19-94; 5-89;
L2-87; 20-87; 18-76; 4-65; 44-58 ; 634 : Prior Codes 17.32 ;
L7. 30)
O. F2-4 (Multiple-Family Residential) . A multiple-family
residential district which allows apartments, condominiums,
and townhomes. (Ords. 12-095; 12-87; 20-82 ; 20-76: Prior
C;odes 17.34 and 9107.8. 1)
P. NIIi (Mobile Home Residential) . A mobile home district which
allows for the preservation and construction of mobile home
parks. The district recognizes the need to provide the
unique setting and services of a mobile home park. (Ords.
2-95; 38-73 ; 385: Prior Codes 17.36 and 17.64. 040, 090,
50, 210)
511 11/95)
ORANGE MUNICIPAL CODE
17. 14.030
17. 14.030 Permitted Uses Table 17. 14. 030 indicates all
uses permitted (P) , permitted by conditional use permit (C) ,
permitted as an accessory use (A) , and not permitted (-) in the
residential zones. Permitted uses with an asterisk (*) are
subject to special use or development conditions outlined in
Section 17. 14.050. Conditional uses marked with a plus (+) also
have special use or development standards as outlined in Section
17. 14 .060. Conditional uses marked with a pound symbol (#) must
conform to special provisions contained in Section 17. 14.070 (V &
W) , as well as City Council policy. Ord. 12-95)
TABLE 77.14.030-1SES IN RESIDENTIAL ZONES
LAND USE R_Zp
R1-5 R'8ro R-oa R2Bro R-3 R-4 MHR1-75 R7-R R2
RESIDENTIAL USE3
Sin le Famil Residence p# p p p p P _
Du lex p P P _
Multi le-Famil CNvellin p. P. P.
Condominium P. P. P.
Accesso Second Housin Unit
Mobile Home Park C C C C C C C
Mobilehome, Modular, or Manufadured Housing UnR with p p p p p P P
ermanentfoundation
Mobilehome, Modular, or Manufactured Housing Unit without P
ermanent foundatnon
Planned Unit Develo ments C+ +C+C+C+ p+
Boardin and Lod' in Houses C C -
FratemR , sororit C C
Rest home convalescerrt hos Ral, sanitarium C C
Communit Care Facilit C C -
Congregate Care Home Heatth Facility(6 or fewer persons) p• p• p+ p p+ p. P.
Home for Elderly, or mentally, or physically disabled persons (6 or p` p* p• p* p• p. p.fewer ersons
Senior Citizen Housing Development C+ + _
DAY CARE USES
Famil Da Care, Large 7-12 children C+C+ + +
Famil Da Care, Small 6 or fewer children p p p p p p P
Child Care Center in conjundion with a church or school C C C C C C C
hild Care Center C C C
OMMERCIAL USES
3ed and Breakfast Inn C+C+ C+ _
3arage or Yard Ssles A• A' A• A` A' A' A•
Commercial Nursery with Seasonal Sales C+ C+ +
Home Occu tion A' A• A' A• A` A' A•
Hos ital C C
Mini-Warehouse/;ielf Stora e Facilit C C C
Real Estate Office, Tem ra p p p• p• p* p. p.
Tree and Shrvb F rm C+ C+C+ C+ C+
11/95) 512
ORANGE MUNICIPAL CODE
17. 14. 030--17. 14.050
TABLE 17.14.030--USE3 IN RESIDENTIAL ZONES continued
LAND USE R7-20to
Rt-5 R ro Rt og Rz to R-3 R-4 MHR1-15 R1-R R2-0
OTHER USES
Accesso Strudures, Ariached and Detached A A A A A A A
A riculture/Horticufture p* p•
Animal Kee in p•p+ p. p= P. P. P,
Antenna, Private RadiolN p p• p* p. p. p. P.
Antenna, Private Satellfte Dish p*p• p p•p• p. p.
Cemeta not inGuding crematoriums C C C C C C C
Charitable Institulion C C -
Church, Museum, Library C C C C C C C
Creation of a lot without fronta e on a ublic street P pR p• p•p• p• p•
Kee in of Hoises&Livestock q•
Moving an existing structure or building onto a building site from p•p p p* p+ P. P,another location
Public Recreation Facilit or Park p p p p p p P
Public Utilit /Strudure C C C C C C C
Schooi Coll e ubliG rivate C C C C C C C
KEY: P = Permitted Use.
C = Conditional Use Permit required. Refer to administrative
procedure provisions in Section 17.08 .030.
Not Permitted.
A == Accessory Use.
Use subject to special provisions contained in Section
17. 14. 050.
Use subject to special provisions contained in Section
17.14.060.
Use subject to special provisions contained in Sections
17. 14. 070 (V) and (W) .
17. 14. 040 Prohibited Uses. Any use not listed in Table
17.14. 030 as a permitted use, conditional use, or accessory useisprhibited. However, the Community Development Director or
his d esignee shall have the authority to determine that an
unlis•ted use is similar to a use listed in 17. 14. 030 and subject
to al:l applications and restrictions specified. (Ord. 12-95)
17 14 O50 Special Use Reaulations. Accessory uses and
permi1tted uses marked with an asterisk (*) in Table 17. 14.030 are
permiitted subject to the following use regulations:
A. Ac ricultural/Horticultural. Sale of agricultural products
fr.om the site on which they are grown may be permitted
sLtbject to an administrative adjustment as specified in
Se:ction 17.10. 050. (Ords. 12-95: Prior Code 17. 08.030A)
B. Ariimal Keeping.
1. The keeping of animals shall conform to the provisions of
Chapter 6 of the Orange Municipal Code.
513 11/95)
ORANGE MUNICIPAL CODE
17. 14. 050
2 . The keeping of birds (as defined in Section 17. 04.030) as
pets or hobby shall conform to the following standards:
a. The occasional sale of birds is permitted when such
sale is incidental to the keeping of birds as pets or
hobby.
b. All birds permitted under this section shall be
confined indoors or in a coop or aviary.
c. Coops or aviaries shall at all times be maintained in
a clean and sanitary condition and shall at all times
be free of offensive odors.
d. The location of coops or aviaries shall maintain a
minimum setback of five feet from all property lines.
e. The City's Code Enforcement Supervisor or designee
shall be responsible for determining if the keeping
of birds permitted under this section constitutes a
nuisance, health or safety hazard, or is being
conducted in violation of subsections a, b, c or d
above.
3 „ The keeping of animals on lots having less than 20,000
square feet of lot area per dwelling unit, shall conform
to the following:
a. The total number of mature dogs and cats shall be
limited to three dogs and three cats.
b. Poultry, rabbits, reptiles rodents, and other small
animals (less than five pounds) , shall be limited to
a total number of five, and all such animals shall
be maintained in coops, pens, or other quarters or
restraints located a minimum of 20 feet from any
property line.
c. A maximum of five animal.s in any combination, as
listed in items a and b above, shall be permitted on
a property.
4. The keeping of animals in single family districts on lots
having 20, 000 square feet or more per dwelling unit and
zoned R1-20 or greater shall conform to the following:
a. Adult equine, bovine, sheep, goats, and swine shall
be limited to a total of two such animals in any
combination per the initial 20, 000 square feet of
land area. One additional equine, bovine, sheep,
goat, or swine may be kept for each additional 10, 000
square feet of owned or leased contiquous land.
However, no more than six such adult animals in any
combination shall be kept. The offspring of such
animals shall be considered adults when eight months
old, except the offspring of equine shall be
considered adults when 12 months old.
11/95) 514
ORANGE MUNICIPAL CODE
17. 14. 050
b. Animals listed in subsection 3 above shall not exceed
a total of ten in any combination on a 20,000 square
foot property. An additional five such animals in
any combination may be kept for each additional 5, 000
square feet of owned or leased contiquous land in the
aggregate with a maximum of 50 such animals in any
combination. The keepinq of more than three dogs
shall be subject to the requirements of Section
17. 30.050.
c. All equine, bovine, sheep, goats, swine, poultry,
rabbits, birds, and rodents shall be maintained in
coops, pens, corrals, stables, tethers, or in some
other means of confinement. Such animals shall not
be kept in the required front yard and shall be kept
stabled, or tethered a minimum of 50 feet from any
structure used for human habitation other than that
of the subject property owner, and a minimum of 20
feet from any property line.
5. All animals and animal quarters shall be maintained in a
clean and sanitary condition, and shall be subject to
inspection by City code enforcement or legally authorized
County of Orange employees for the enforcement of
Division 1 of Title 4 of the Codified Ordinances of the
County of Orange, established for animal control,
welfare, license, and health requirements.
6. The following types of animal keeping or raisinq shall
not be permitted:
a. Commercial dairies;
b. Commercial kennels;
c. Rabbit, fox, goat, and other animal-raising farms;
d. Farms devoted to the hatching, raising, fattening,
and/or butchering of poultry or the commercial
production of eggs;
e. Livestock-feeding ranches; and
f. Ranches operated publicly or privately for the
disposal of qarbage, sewage, rubbish, or offal.
Ord. 12-95)
C. Anttennas. Subject to the provisions contained in Orange
Mu licipal Code Section 17. 12. 020. (Ords. 12-95: Prior Codes
17 . 04 ; 17.42 ; 17.43 ; 17.72 ; 17.73)
D. Condominiums. A minimum of five uriits is required for the
development of a condominium project. The development
pr<ject must be accompanied by a tentative tract map as
provided in Title 16 of the Orange Municipal Code. For the
conversion of existing multiple family rental housing units
to condominiums, stock cooperatives or community projects
rei`er to Section 17.30. 040. (Ords. 12-95; 20-92; 20-82;
38--80: Prior Codes 17.84, 17.83)
515 11/95)
ORANGE MUNICIPAL CODE
17. 14. 050
E. Cr.eation of a lot without frontage. on a public street. Such
de:velopment requires minor site plan review approval by the
St:aff Review Committee as described in 17. 10. 060 of this
Ti tle. (Ord. 12-95)
F. Gairage or Yard Sales.
1. A sales event shall take place at one address no more
than once every four months. However, the Community
Development Director may authorize one additional sales
events at one address within a four month period. Any
person aggrieved by the action of the Community
Development Director either authorizing or denying an
additional sales event sha11 have the right to appeal the
matter to the City Council for final determination.
2. A sales event may continue for up to a maximum of four
consecutive days. When a sales event has begun and is
actually interrupted by inclement weather, the sales
event period may be extended by an additional sales day
for each day of actual interruption until there is a
total of not more than four sales days.
3. A sales event shall take place between the hours of 8: 00
a.m. and 8:00 p.m.
4. Items to be sold at a sales event shall be "used" items
which were part of a reasonable household use. No
merchandise or new goods shall be brought in from another
location for the purpose of be ng displayed or sold at a
sales event. The term "a reasonable household use" shall
be construed broadly in favor of the sale of the item.
5. No sign advertising the sales event may be placed or
maintained upon any portion of a public right-of-way,
including street signs, street trees or utility poles.
6. No item for sale or advertising sign shall obstruct any
street, sidewalk, parkway, or driveway.
7. Any violation of this subsecti n shall be considered an
infraction. (Ords. 12-95; 4-87; 17-84; 15-80; 43-69:
Prior Codes 17. 10.030K and 17.26.010)
G. Health Facility or Home for Elderly, or Mentally or
Physically Disabled (Six or fewer persons) . Al1 such uses
are permitted provided the use complies with applicable
provisions contained in the California Health and Safety
Co de. (Ords. 12-95; 26-83; 20-82; 25-76: Prior Codes
17.54.030 and 17.42 . 020)
11/95) 516
ORANGE MUNICIPAL CODE
17. 14.050
H. 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 dwellinq or an
enclosed garage. Where storage wi:11 take place within an
enclosed garage, such storage sha1:L 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 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 inechanical 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 non-
occupants of the dwellinq in any manner; provided,
however, that deliveries made by bona fide delivery firms
shall be permitted, as long as such deliveries are in
amounts or performed in a manner recognized as part of a
reasonable household use.
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.
517 11/95)
ORANGE MUNICIPAL CODE
17.14.050--17. 14. 060
8. Involve the sale, preparation, or storage of food or food
products. (Ords. 12-95; 3-93 ; 4-87; 17-84; 15-80; 12-80;
35-79; 43-69; 15-69: Prior Codes 1.10.030, 17.26.010
and 17.04.290)
I. Moving an existing structure or building onto a building site
from another location. Such development requires minor site
plan review approval by the Staff Review Committee as
described in Section 17.10.060 of this Title. (Ord. 12-95)
J. Multiple Family Dwelling. Apartments and other multiple
family developments are permitted in the R2 zone provided
that project density does not exceed the residential
development standard indicated on Table 17. 14. 070. (Ord.
12-95)
K. Real Estate Office, Temporary.
1. A temporary real estate office shall be used only for the
sale of real estate in the same or adjacent development
or subdivision in which the office is located.
2. The office may consist of a trailer, a housing unit, or a
garage of a housing unit.
3. If a garage is used for a real estate office and other
than standard garage doors are provided at the garage
entrance, a $5, 000 cash bond shall be posted to ensure
the garage is later converted for parking purposes and a
driveway leadinq to the garage is installed.
4. A temporary real estate office may be used for a period
of time not to exceed one year. Time extensions may be
granted by the Community Development Director upon
written request, but in no case shall said office remain
after all units in the development are sold. (Ords.
12-95; 64-62: Prior Code 17 . 10. 030.H)
17 14 060 Conditional Use Revulations. A conditional use
permit must be obtained pursuant to the requirements outlined in
Sectio:n 17.08.030. in addition, the following special conditions
shall :be applied to specific uses, marked with a plus (+) in
Table 17.14. 030.
A. Acc:essory Second Housing Unit.
1. Accessory second housing units shall be permitted only on
lots which contain one existing permanent single-family
dwelling unit, but in no case shall be permitted where
there is an existing guest house, granny housing unit,
maid's quarters or similar facility.
11/95)518
ORANGE MUNICIPAL CODE
17. 14.060
Lots containing a mobile home, tent, trailer or other
temporary structure shall not be considered for
development of accessory second unit housing.
2 . The lot shall be the minimum size as required by the zone
or larger.
3 . Either the existing single-family dwelling unit or the
accessory second unit shall be occupied by the owner of
both units. The unit not occupied by the owner may be
rented. The owner shall record an agreement with the
Orange County Recorder's office, approved in form by the
City Attorney, which shall set forth the requirements of
this section in addition to other conditions of approval
imposed by the Planninq Commission or the City Council.
4. The accessory second housing unit or the contiguous land
area surrounding the unit shal:l not be sold separately
from the existing (principalj dwellinq unit.
5. The floor area of the accessory second unit shall not
exceed 640 square feet, and the unit shall contain a
minimum floor area of 450 square feet.
6. A mobile home, tent, trailer or other temporary structure
shall not be used as an accessory second unit structure.
7 . The accessory second housing unit may be attached or
detached but if detached, sha11 not be constructed less
than eiqht feet from the exist.ing (principal) residence.
If the accessory second unit is attached to the principal
residence and any part of the accessory second unit is
created out of existing floor area, then the size of the
principal unit may not be reduced to a floor area of less
than 1,000 square feet. (Ords. 16-95; 12-95)
8. All construction shall conform to Municipal Code
requirements of height, setback, lot coverage, local
building architectural compatibility standards, fees,
charges, and other zoning requirements applicable to
residential construction in the R1-6 zone.
9. Materials, colors, and design features shall be
compatible with the principal structure. Special
landscape screening materials may be required to ensure
land use compatibility.
1a. One unenclosed parking space in excess of the code
parking requirement for the existing (principal)
residential use shall be required. The Planning
Commission or City Council may require additional parking
upon making a finding that the need for additional
519 11/95)
ORANGE MUNICIPAL CODE
17. 14.060
parking is directly related to the use of the second
unit, and that the requirement is consistent with
neighborhood standards applicable to existing dwellings.
The location and orientation of the required parking
shall be determined as sufficient by the Planning
Commission or City Council. Tandem or parallel parking
shall not be permitted as required parking, nor shall any
parking space be located in a required front setback.
Ords. 16-95; 12-95)
1:L. If a private sewage disposal system is being used,
approval by the local health officer shall be obtained
prior to issuance of a buildinq permit.
1:?. The accessory secondary housing unit shall not be allowed
in any portion of the City defined by City Council
Resolution as being significantly impacted by
insufficient capacity for traffic circulation, parking,
public utilities, or similar infrastructure needs.
1;5. All conditional use permits shall be reviewed in a public
hearing and finally determined by the City Council after
an initial public hearing before the Planning Commission.
Ords. 12-95: Prior Codes 17. 10, 17.26. 190, and
17.32 . 190)
B. BE;d and Breakfast Inn.
1. An owner, manager, proprietor or caretaker of the
property must reside on the subject premises at all
times.
2. No cooking facilities shall be permitted in any guest
room.
3. Guest meals shall be served only to persons registered as
overnight guests.
4. No guest shall be permitted to rent accommodations or
remain in occupancy for a period in excess of 14 days
during any consecutive 90 day period.
5. The structure shall be architecturally or historically
siqnificant as determined by the Design Review Board, in
consultation with recognized architectural or historical
authorities. (Ords. 12-95: Prior Codes 17.26. 040A;
17. 32.040G; 17.76. 040)
C. Commercial Nursery with Seasonal Sales.
1. No seasonal sale period shall exceed one consecutive 30
day period during a calendar year.
11/95) 520
ORANGE MUNICIPA CODE
17. 14. 060
2. At least one portable chemical toilet facility shall be
made available on the site at all times during the sales
period. (Ords. 12-95: 39-80: Prior Code 17. 10.030D,
040F)
D. Family Day Care Home - Large (7-12 children) .
1. No other licensed and permitted large family day care
home shall exist within 30o feet of the exterior property
boundaries of the proposed fac:ility.
2 . The Noise Ordinance of the Orange Municipal Code (Chapter
8) shall be complied with at all times, and hours of
outdoor play or activities shall only be permitted
between the hours of 8:00 a.m. and 8: 00 p.m.
3 . Onsite garages and parking areas needed to meet the
parking requirements of the zone shall not be converted
to any other use.
4. All owners of real property within 100 feet of the
property boundaries of the proposed use, as indicated on
the last equalized assessment roll and the City Council,
shall be notified by the 2oning Administrator regarding
the application not less than ten days prior to the date
on which the decision will be made.
5. No hearing on the application or a permit issued
pursuant to this Section shall be held before a decision
is made unless requested by the applicant or other
affected person, in writing, prior to 3: 00 p.m. of the
decision date.
6. The applicant or other affected person may appeal the
decision on the application within 15 days of the
decision. Appeals shall be nade in accordance with
Section 17. 08. 050. (Ords. 12-95: Prior Code 17. 10. 040C)
E. Planned Unit Developments. Planned Unit Developments shall
be developed in accordance with the requirements of Chapter
17. 16 of this Title. (Ords. 12-95: Prior Code 17. 66)
F. Senior Citizen Housing. Senior citizen housing shall be
developed in accordance with the requirements contained in
Sections 17.14.270 through 17. 14 .330 of this chapter. (Ords.
12-95: Prior Code 17.35)
G. Tree or Shrub Farm.
1. Incidental wholesale sales are permitted; retail sales
are not permitted.
521 11/95)
ORANGE MUNICIPAL CODE
17. 14 .060--17. 14. 070
2. The only accessory structure permitted in conjunction
with a tree or shrub farm shall be an equipment storage
building, not exceeding 200 square feet and ten feet in
height. Greenhouses or shade structures used solely for
the purpose of sheltering plants may be permitted subject
to minor site plan review. (Ords. 12-95)
L7. 14. 070 General Recruirements. The development standards
indic<ited in Table 17. 14.070 shall apply to all primary
struchures in all residential zones. The footnotes and text
following the table clarify the standards as necessary.
TABLE 17. 14.070
RESZDENTIAL DEVELOPMENT STANDARDS
Minimum Yard
Setback in Feet Minknum
Minimum yh) Mapmum Usable
MMimum MMimum Ld ^ HeipM(Fb Ma dmum Fbor O
District P Sq. .Ft per Unit In Deplh In Front Rear A S
Ld x in .Ft. a Feet Sld@ is bss(G)
Ratio(o)a lot Sq.Ft.
R1S 1 5,000 N/R 50(k) 90 Bid-15 (c, (v. 37-2 Based on bkip. 875 sf
v.1) Gar-20 v2) etorias peA(v.3.w)
v2
R1E 7 6,000 WR 60(k) 100 20 5(e) 20 37-2 u) 900 sf
d e atories
R1-7 1 7,000 N/R 60(k) 100 20 5(c) 20 37-2 u) 950 sf
d e storbs
R1 1 8.000 WR 60(k) 100 2p 5(c) 20 37-2 u) t,000sf
d e atabs
R7-10 1 10,000 N/R 80(k) 100 20 5(c) 20 37-2 u) 7,OOOsf
d e atories
R1-12 7 12.000 WR 80(k) 100 20 5(c) 20 37-2 u) 1,OOOsf
d e atories
R1-15 7 15,000 N/R BO(k) 700 20 5(c) 20 37-2 u) 1,200sf
d e stories
Rt-20 1 20.000 WR 100(k) 100 20 5(r,) 20 37-2 u) 7,SOOsf
R1-40 7 43,560 WR 100(k) 100 p
d e atories
5(c) 20 37-2 0.40 FAR 2,000 sf
d e atories
R1-R 1 708,900 WR 100(k) 100 20 5(c) 20 37-2 0.40 FAR 2,000 sf
d e atories
R2-6 (s) 6.000 3,000(s) 80(k) WR 15(x) 5(r.) 10 37-2 0.70 FAR 350
d e atories sVunit
R2-7 (s) 7,000 3,500(s) 80(k) N/R 15 5(c) 10 37-2 070 FAR 350
d e atories sf/unk
R2-0 (s) 8,000 4,000(s) 60(k) WR 75 5(c:) 70 37-2 070FAR 350
R-3 (t) 7,000
d e afNnR
I (
t)100 15(z) 5(i) 10 37-2 q5%:2atay str
8,000 gp
U) 55%: 7aloryW sVunit
Corner Caner
R< (t) 6,000 t) 60 N/R 10(z) 5(i) 10 37 -2 60% 15p
nterfw derbr atorks G) aVurdt
7.000 70 Y)
Conxr Corn y
MH (n) N/R n) WR WR I,m)Rehrto 75%dMH 2Wsf
Section Space space(r)
17.14.280
N/R =No requirement
11/95)522
ORANGE MUNICIPAL CODE
17.14.070
Notes:
a) Lot frontage is the distance between the side lot lines
measured at the front setback line parallel with the street
property line.
b) See Section 17. 14. 090.
c) The following exceptions apply:
1. Corner and reverse corner lots shall have a minimum ten
foot street side 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.
d) Extensions into the required rear yard are permitted subject
to the conditions stated in Section 17. 14 . 090.C.
e) Corner or reverse corner lots - extensions within five feet
of the rear property line are permitted providing that all
requirements for usable open space are met.
f) Where the rear lot line abuts and is common to the boundary
of a street, alley, or permanent open space, the rear yard
setback may be reduced by five feet. However, any qarage
openinq onto a street shall be set back a minimum of 20 feet.
g) Building height is the vertical distance from the average
finished grade, as measured around the perimeter of the
structure five feet out from the exterior wall surface to the
highest point of the structure, that being the ridgeline of
the roof or the top of the parapet wall on a flat roof.
Chimneys and other similar devices may exceed the height
requirement. Greater height or ad3itional stories for
habitable space may be permitted u:nder Section 17. 14. 100.
h) For all yard areas, garages which open onto an abutting
street require a minimum 20-foot setback. Garages which open
onto an alley or private drive require 25 foot unobstructed
back-up area which may include alley right-of-way.
i) The following exceptions apply:
1. Corner or reverse corner lots - minimum ten foot on
street side.
2 . Access to an interior court thsough side yard - minimum
ten foot side yard.
3 . Entrance to building faces the side lot line - minimum
ten foot side yard.
j) Wh.en the development abuts an R1 (single-family) zone, the
maximum height of any building within 70 feet (including
streets and alleys) of the R1 zone is one story or 20 feet,
wh.ichever is less except as provided in 17 . 14. 100.
k) Ad.justments to minimum lot frontage requirements for cul-de-
sa,c and knuckle lots shall be considered part of the
discretionary approval of the subdivision.
523 11/95)
ORANGE MUNICIPAL CODE
17. 14.070
1) Tme minimum distance between a mobile home and another mobile
h me shall be ten feet from side to side, eight feet from
s.ide to front or rear, and six feet from rear to rear, or
f:ront to front, or front to rear. Mobile homes shall be
l cated a minimum of three feet from all lot lines, except
tlzat no setback is required when a lot line borders an
interior roadway. The minimum distance between a mobile home
and a permanent building shall be ten feet, except for mobile
h me parks established prior to September 15, 1961, the
d:istance shall be six feet.
m) E:ive overhangs and other similar projections may extend into
tlie required setback area provided that a minimum of six feet
seaparation is maintained between the edge of the projection
and an adjacent mobile home, an accessory structure or its
pr.ojection. Any projection is required to have a minimum
three foot setback from any lot line not bordering a roadway,
and any projection may be built up to a property line
b<rdering a roadway.
Czirport awnings may be erected up to a property line provided
the construction material is non-combustible, and that there
ie> a minimum three foot separation provided from a mobile
home or any other structure on the adjacent lot.
Awnings attached to a mobile home shall not exceed 12 feet in
wi dth. Detached awning's width and length are not regulated
except by lot coverage.
n) Tkie maximum density allowed is ten mobile home spaces per net
ac:re, excluding public streets. One mobile home is allowed
pEer mobile home space, except two or more mobile home units
me y be combined to create a single residence.
o) Tkie floor area ratio (FAR) calculation is the building square
fc>otage divided by lot area. Building square footage shall
iriclude all structures on a lot, including garages and
ac:cessory structures, unless otherwise provided in this code.
p) Lat coverage shall include the area devoted to the principal
ar.id accessory structures, patios enclosed on three sides,
ga rages, and covered parking.
q) Se:e Section 17. 14.110 for specific usable open space
st.andards.
r) Th e minimum open space requirement shall be in addition to
all access drives, laundry, office, parking, storage, and
mc bile home yard area requirements. Such area may be in one
oz• more locations and shall be readily accessible to all
re.sidents of the mobile home park.
s) Two or more units are permitted on a lot depending upon the
area of the lot and the ability to comply with other zoning
requirements. Two units may be constructed upon any legally
created lot, even if less than the minimum lot size permitted
under this Title, subject to compliance with all development
standards (other than minimum lot 3rea per unit) .
11/95) 524
ORANGE MUNICIPAL CODE
17. 14 .070
t) The permitted density range shall be as indicated on the
General Plan Land Use Policy Map. The actual yield shall be
dependent upon lot area and other zoning requirements.
u) Floor area ratio (FAR) shall vary accordinq to lot area as
follows:
Lot Area in Maximum
Square Feet FAR
10, 000 0. 60
10 000-39,999 0.50
40, 000 0.40
v) The following standards shall apply to the R1-5 zone. In
addition, all policies identified in Goal 11.0 of the East
Orange General Plan, Land Use Element, adopted 12-19-89,
shall apply to all R1-5 zones throughout the City as well.
v. l) Lot Area. A 5, 000 square foot average lot area is
permitted within builder tracts, subject to a
conditional use permit and the following criteria:
1. No lots less than 4, 500 square feet.
2 . Any lots less than 5, 000 square feet are to be
distributed throughout the project, with no more
than three such lots adjoining.
3 . No more than 35 percent of total lots in tract are
to be less than 5,OOD square feet.
4. The minimum pad size within the R1-5 category
shall be 4,500 square feet. Deviations from the
minimum standard may be considered where multi-
level pads or other hillside adaptive grading
techniques are utilized, subject to approval of a
conditional use permit.
v.2) Setbacks.
1. Front Yard Setbacks
i. Garages. Driveways shall be a minimum of 20
feet measured from back of sidewalk or back
of curb if there is no sidewalk. Driveway
lengths less than ten feet may be permitted
in limited numbers by conditional use permit,
as provided in Policy 11.5(b) of the East
Orange General Plan, Land Use Element.
ii. The minimum setback for any residential unit
shall be 15 feet from back of sidewalk or
back of curb if there is no sidewalk. The
second story of each residential unit shall
vary the setback from 15 to 25 feet, measured
from back of sidewalk or back of curb if
there is no sidewalk.
2 . Rear Yard Setbacks
i. The first story of a residential unit shall
be set back a minimum of 15 feet from the
property line provided that 50 percent of the
525 11/95)
ORANGE MUNICIPAL CODE
17. 14.070--17. 14. 080
unit shall be set back 20 feet from the
property line.
ii. The second story of a residential unit shall
vary the setback from 15 to 25 feet from the
property line.
iii. Where flat building pads are created on
individual lots, the minimum usable rear yard
area shall be 875 square feet as measured
from edge of pad. Usable rear yards smaller
than 875 square feet may be permitted,
subject to approval of a conditional use
permit.
3. Side Yard Setbacks. The minimum distance between
buildings shall be ten feet. Open lattice patio
covers may be constructed within sideyards subject
to requirements of the Uniform Building Code.
v.3) Floor Area Ratio. R1-5 housing, excluding two car
garages, shall not exceed maximum FAR of 0.55 and an
average FAR of 0.5 based on pad size.
w) Gefinition of pad contains the following criteria:
1. The relatively flat buildable portion of a lot, not
exceeding a five percent grade, created with the
original subdivision.
2. Retaining walls used to increase pad size shall not
exceed three feet in overall height as measured from
top of wall's foundation to top of wall.
x) M:inimum lot area in square feet shall be subject to Section
17. 14. 080.
y) F rojects within the Old Towne District shall relate and be
visually compatible with exieting structures in the project
vicinity. Therefore, height of new infill and building
a,dditions shall be as specified in the Old Towne Standards.
z) A.11 buildings located within the Old Towne residential
guadrants shall have a minimum front yard setback of 20
feet. (Ords. 12-95; 12-87; 20-82 ; 19-79 ; 44-73 : Prior Codes
17.66. 090 and 17. 34. 090)
17. 14. 080 Buildina Lot Area Reguirements. Table 17.14.070
indicates the minimum building lot area for individual lots. The
following portions of a lot shall not be included in the minimum
building lot calculation:
A. Access easements; or
8. That portion of a panhandle or flag-shaped lot that is used
for access purposes and is less than 40 feet in width; or
C. Any portion of a lot entirely separated from a larger
building lot area by an access easement. (Ords. 12-95;
12-87; 20-82 ; 19-79; 18-76; 44-73 ; 400: Prior Codes
17. 66.090, 17.34.090, 17. 32 . 130, and 17.04. 130)
11/95) 526
ORANGE MUNICIPAL CODE
17. 14.090
14 .090 Yard Reauirements. Yards shall provide for light
and air, pedestrian and vehicular circulation, emergency access,
and general aesthetic improvements. The following requirements
shall apply to yards:
A. Fr ont Yard Calculation. The front yard shall be measured
fr m the ultimate right-of-way line, with the ultimate width
of the street being determined by the Master Plan of Arterial
St:reets and subsequent width modifications as defined by
ad opted precise street plans. (Ords. 12-95; 20-82; 45-66;
57-60; 400: Prior Codes 17. 04. 140 260, 490)
B. Si 3e Yard Calculation. Side yard setbacks shall be measured
fr om the side property line, or on corner properties from the
ultimate right-of-way line, and shall be provided as
in 3icated in Table 17. 14. 070. (Ords. 12-95; 20-82; 6-80;
33-59; 400: Prior Codes 17.04.260„ 510; 17. 10.150)
C. Re ar Yard Calculation. Rear yard setbacks shall be measured
fr om the rear property line and shall be provided as
in 3icated in Table 17. 14.070. In the R1 districts, buildings
may extend into the required rear yard setback as follows,
pr ovided that all requirements for usable open space are met.
Ords. 12-95; 20-82 ;29-80; 20-62 ; 400: Prior Codes
17. 04 .260, 500; 17. 10.160, 17 .30.070, 17. 32.160)
1. One-Story Structure. A single-story structure may extend
into the required rear yard setback provided a minimum
ten foot setback from rear property line is maintained.
Ord. 12-95)
2 . Two-Story Structure. A two-story living area, second
story deck or balcony may extend into the required rear
yard setback no closer than ten feet from the rear
property line only if the yard abuts a street, alley, or
permanent open space area. (Ord. 12-95)
3 . Covered Patios. Covered patios, at grade and unenclosed
on at least two sides, may project into the rear yard
setback area, no closer than ten feet from the rear
property line. (ord. 12-95)
D. Structures and Features Permitted Within a Yard Setback.
Not-withstanding accessory structure requirements set forth
in Sections 17. 14.150 and 17. 14 . 160, the following structures
ma;y be located within a required setback or yard area,
pr ovided a minimum clear space of two feet, six inches (2 ' 6n)
be maintained for pedestrian access, and handicapped access,
if required, is provided elsewhere on the site:
527 11/95)
ORANGE MUNICIPAL CODE
17. 14. 090
1 . Walkways, driveways, and uncovered patios at grade.
2 . Railings or fences; however, in the required front yard,
fences shall be limited in height to three and one-half
feet.
3 . Signs, permitted in conformance with Chapter 17.36 of
this Title.
4. Chimneys and fireplace structures not wider than eight
feet, as measured in the general direction of the wall,
and architectural trim such as cornices may project not
more than two feet into setback areas.
5.. Bay windows and garden windows and eaves may project no
more than two feet into any required setback area.
6.. Balconies which do not provide primary or secondary
access to the buildinq may project into required rear
yard areas not more than four feet and shall be at a
height of not less than eight feet. Any projection into
required side yards must conform to the Uniform Building
Code.
7.. Fountains, ponds, sculpture, planters, and flagpoles for
the display of national and state ensigns only may be
permitted within required setback areas.
8„ Mechanical equipment in the side or rear yard setback and
only when screened from view and meeting noise
requirements.
9„ Outside stairways, uncovered and unenclosed above or
below floor or steps may extend into the rear yard a
distance of four feet.
l0. Recreational vehicles as specified in F below.
17L. Arbors, consisting of a latticework frame or open trellis
to support climbing vines, and used as a gateway to a
yard or garden area, provided that the arbor structure
does not exceed eight feet in height, four feet in width
and two feet in depth, is located entirely on private
property, and is securely installed or mounted so as to
not pose a risk to passers by. (Ords. 12-95; 20-82 ;
14-65; 568: Prior Codes 17.72. 030 and 17.76. 010)
E. St:orage/Parking in Front Yard. Storage is prohibited within
tYie front yard setback area. Parking of motor vehicles other
tYian recreation vehicles within the front yard is permitted
11/9!S) 528
ORANGE MUNICIPAL CODE
17. 14 .090--17. 14.110
only on a paved driveway leading to a garage or carport.
Ords. 12-95; 47-83 ; 10-83 ; 20-82; 70-65: Prior Codes
17.72. 060 and 17 .76. 120)
F. Reoreational Vehicle Parking/Storage. Recreational vehicles
may be parked/stored in any yard area except within any
required front yard setback area, subject to the following
provisions:
1. The recreational vehicle shall not exceed 11 feet in
height or 36 feet in length.
2 . The recreational vehicle shall be screened by a view
obstructing fence of minimum height six feet. (Ords.
12-95; 47-83; 10-83 ; 20-82 ; 70-65: Prior Codes 17.72.060
and 17.76. 120)
7.14. 100 Greater Heiaht Permitted. Greater height than the
height limit established for a district or additional height and
stories for habitable space in the R-3 and R-4 districts, may be
considered by a Conditional Use Permit before the Planning
Commission. In reviewing such a request, the Commission shall
consid.er:
A. Siting buildings or structures so as to achieve greater
usable open space area than could be achieved with two story
construction.
B. Siting buildings or structures so as to consider shadows,
solar orientation, and noise impacts, as well as respecting
the terrain.
C. Designing and/or screening all roof-top mechanical and
electrical equipment as an integral part of the building
design.
D. Zllustrating a design compatibility with both the existing
and desired character of the surrounding area and uses.
Ords. 12-95; 1-91; 2-86; 20-82: Prior Codes 17.72 .010 and
17.74.010)
17.14, 110 Usable Oven Svace Requised. All residential
develc pments in the R-1, R-2, R-3 and R-4 zone districts shall
provid.e a landscaped, unified, and usable open recreational and
leisur e area as indicated in Table 17. 14. 070. The following
standa.rds shall apply to the requirements for usable open space:
A. Usable Open Space Defined. Usable open space, for the
purpose of this section, shall mean an open area or an indoor
529 11/95)
ORANGE MUNICIPAL CODE
17. 14. 110
or outdoor recreational facility which is designed and
intended to be used for outdoor living and/or recreation.
Usable open space shall not include any portion of off-street
parking spaces, streets, driveways, turnaround areas,
required front setback area and slope areas exceeding five
percent (20:1 gradient) and shall have a minimum dimension as
specified below. (Ords. 12-95; 12-87; 20-82 ; 18-76; 4-65;
44-58; 634: Prior Codes 17.32 .030, 9107.7; 17. 30)
B. Usable Open Space Requirements:
1. Private Open Space.
a. R-1 Zone Districts - Minimum usable open space shall
be provided outdoors as required by Section
17. 14. 070. (Ords. 12-95: Prior Codes 17. 10, 17. 12,
17. 14, 17.16, 17.18, 17.20, 17.22, 17.24, 17.26,
17.28)
b. In multi-family developments (R-2, R-3, R-4) , each
unit shall be provided with at least one area of
private usable open space accessible directly from
the living area of the unit, in the form of a fenced
yard or patio, a deck or balcony. In order to count
toward the open space requirement, a yard area, or
uncovered deck or patio shall have a minimum width
and length of ten feet, and the minimum dimension of
a balcony (both width and depth) shall be seven feet.
In the R-3 and R-4 districts all such private open space
may be counted up to a total of one-third of the required
usable open space specified in Table 17. 14 .070. In the
R-2 district, up to 100 of the usable open space
specified in Table 17. 14. 070 may be provided as private
open space. (Ords. 12-95: Prior Codes 17 .26, 17.28,
17.30, 17.32, 17. 34)
2. Common Open Space.
a. General. All common open space shall be conveniently
located and accessible to all dwelling units on the
site. In projects containing fewer than ten units,
the common open space shall have a minimum width and
depth of ten feet. In projects containing ten or
more units, the minimum width and depth shall be 20
feet. (Ord. 12-95)
An area of usable common open space shall not exceed
an average grade of five percent (20: 1 gradient) .
The area may include landscaping, walks, recreational
facilities, and small decorative objects such as
artwork and fountains. Open space which does not
meet the above requirements but provides visual
relief, such as landscaped slopes, may be counted on
11/95) 530
ORANGE MUNICIPAL CODE
17. 14. 110--17. 14. 120
a one to three basis (three square feet of slope =
one square foot of open space) , up to one-third of
the requirement, in meeting the usable common open
space requirements. Water-oriented visual amenities
such as lakes and streams may be counted on a one-
for-one basis but shall be included in the one-third
limitation for usable open space.
b. Recreation Amenities/Facilities.
i. For projects containinq ten or more units, one
common recreational amenity shall be provided
for each 25 units or fraction thereof. A mix
of recreational amenities shall be provided
for projects exceeding 25 units.
ii. The following listed amenities satisfy the
above recreational facilities requirements.
Recognizing that certain facilities serve more
people than others, have a wider interest or
appeal, and/or occupy more area, specified
items may be counted as two amenities as
noted. In all cases, each square foot of land
area devoted to a recreational amenity shall
be credited as usab.le open space on a 1: 1
basis.
a) Clubhouse (two)
b) Swimming pool (two)
c) Tennis court (one per court)
d) Basketball c.ourt (one per court)
e) Racquetball court (one per court)
f) Weightlifting facility
g) Children's playground equipment
h) Sauna
i) Jacuzzi
j) Day Care facility (two)
k) Other recreational amenity/facility
deemed adequate by the Community
Development Director. (Ords. 12-95: Prior
Code 17.52)
c. Pedestrian Paths. There shall be a system of
pedestrian pathways connecting all dwelling units or
dwelling groups to common usable open space areas.
Ord. 12-95)
14 120 Distance Between Dwellinas and Other Principal
Structures. Distance between dwellings are required in order to
provide adequate light and air and privacy. The provisions
outlined in Table 17. 14. 120 shall apply, as well as specific
provisions found in building and fire codes.
531 11/95)
ORANGE MUNICIPAL CODE
17. 14. 120--17. 14. 140
TABLE 17. 14. 120
REQUIRED DISTANCES BETWEEN BUILDINGS
Minimum Required Distance Between Principal Structures on the
Same Lot (a)
Minimum
Distance
rfumber of Front/Any All Other Between
S•tructures Other Building Configurations Principal and
Wall Accessory
Structure
One N A N A 6 feet
Tw o to Four 15 feet 8 feet 6 feet
Five or More 25 feet from view allowing 6 feet
windows in 1 structure to
facing windows in any adjacent
structure. 15 feet minimum
between solid facing walls, or
when windows are located on
onl one facin wall»
NOTE: a) For obliquely aligned buildings, the required
distance between two principal structures may be
decreased by up to five feet if the distance at
the opposite corner is increased by an equal or
greater distance. (Ords. 12-95; 20-82 ; 5-80; 18-
76; 17-76: Prior Codes 17.26. 170; 17.28. 040,
17.30. 110; 17.32 . 170)
17 14 130 Minimum Floor Area in R-3 and R-4 Districts. The
minimiam floor area shall be as follows:
A. St:udio Units. 550 square feet.
B. Bzichelor and One Bedroom Units. 600 square feet.
C. Units Having More Than One Bedroom. 600 square feet plus 150
square feet for each additional bedroom. (Ords. 12-95;
2O-82: Prior Code 17. 32 . 180)
17. 14 . 140 Minimum Storaae Area in R-3 and R-4 Districts.
Secur ad tenant storage shall be provided as follows:
A. ]'sach unit shall be provided with a unified storage area or
module, at least 120 cubic feet in size.
B. Such storage area must be in addition to cabinets and closets
typically found within a unit (such as kitchen and bathroom
caibinets, clothes and linen closets) . (Ord. 12-95)
11/9!i) 532
ORANGE MUNIC:LPAL CODE
17. 14.150
7. 14. 150 Corner Cut-Off Reuuired. Corner cut-off shall be
provided at all intersecting streets, driveway6, or alleys.
Nothing shall be placed or allowed to qrow within the corner cut-
off in such a manner as to impede visibility. Figure 17.14 . 150
illustrates restrictions applicable to corner cut-off areas.
However, this provision shall not be conetrued to require a
property owner to remove landscapinq, fencinq or other materials
from a corner area if a driveway on an adjacent parcel ia
constructed subsequent to the placement of such materials within
the corner area. (Ord. 12-95)
LAT Lf E
O
x•
N suaon
eu oo
1(f
1
N •`':":
i..
25 STREET OR AILEY Y•
1Jo oerin,etfon Wpn., a,.n a2 Y+a+a Y p.nmYa.
No obstnictiwi NpAW 11rn a2 Frlw Y p mitbd.
TM knpih •V• d tiv sid d tom r M•ofl 4iv
sM1 W OM miNE by disWio 'X' Y bb s:
015TANCE •%' dSTANCf 'Y'
0 10
t
2
9 a
4 6
s s
6 4
7
9 w
10 p
Figura 17. 14. 150
533 11/95)
ORANGE MUNICIPAL CODE
17.14. 160--17. 14.170
7.14. 160 Attached Accessory Structures or Garages. Where a
garage or accessory structure is attached to and made a part of
the principal structure, at least 50 percent of the length of one
of the walls of the accessory structure or garage shall be an
inteqral part of the principal structure, and the garage or
accessory structure shall comply in a11 respects with the
requirements of this Title applicable to a principal structure.
Ord. 12-95)
17. 14.170 Detached Accessory Structures or GaraQes.
A. Principal Structure Required. Accessory structures shall
only be permitted with a permissible principal structure on
the same or an adjacent lot under the same ownership.
B. Setbacks. The setback requirements outlined in Table
1. 14. 170.B shall apply.
C. Aeight. Height requirements for accessory structures shall
be the same as for principal structures, except as provided
in Table 17. 14. 170.B.
D. Square Footage Limitation. The total square footage of all
accessory structures on a lot shall not exceed 50 percent of
th e square footage of the principal structure.
TABLE 17.14. 170 (B)
SETBACK REQUIREMENTS
DETACHED ACCESSORY STRUCTURES AND GARAGES a
Minimum
Street
Zone Minimum Minimum Front Minimum Side Yard Minimum
Distance Yard Setback Interior Setback Rear Yard
from in feet) Side of Corner Setback
Principal Yard or in feet)
Structure Setback Reverse
in feet) in Corner
feet) Lot (in
feet)
R1-6 6 20 0 10 0
through c,d,e) b,c,d,e)
R-1-R
R2-6 6 20 0 10 0
through c,d,e) b,c,d,e)
R2-8
R-3 and 6 20 0 10 0
R-4 d,e b,c,d,e)
11/95) 534
ORANGE MUNICIPAli CODE
17. 14. 170--17. 14.180
NOTES:
a) In all cases, detached garages and carports which open
onto an abutting street shall be set back a minimum of 20
Eeet from the property line.
b) The accessory structure may abut the rear lot line only
if the accessory structure and permitted extensions of the
primary structure do not cover mare than 40 percent of the
required rear yard area. Also, a minimum five foot rear
ard 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. (Ord. 12-95)
1;i. 14 . 180 Fences and Walls. Fences and walls shall be
permi ted in all residential zone districts subject to the
follo ring height regulations:
A. Si de and Rear Yards - Standard Lot.. Fences and walls located
in the side and rear yards of standard lots shall be limited
ir height to six feet, as measured from the highest elevation
of` land contiguous to the fence, and ten feet as measured
fr.om the lowest elevation contiguous to the fence, whichever
i:> less. (Ords. 12-95; 20-82; 77-64: Prior Codes 17.74. 040
and 17.72 .090)
B. Fz-ont Yard - Standard Lot. In the. required front yard area,
t2ie height shall be limited to three and one-half feet.
C)rds. 12-95; 20-82 ; 77-64 : Prior Codes 17 .74.040 and
17.72 . 090)
C. Corner, Reverse Corner and Key Lot.s. For corner, reverse
corner, and key lots, fence and wall heights shall be limited
a:s indicated on Figure 17. 14 .180.C. (Ords. 12-95; 20-82 ; 77-
64E : Prior Codes 17.74. 040 and 17 .72 .090)
535 11/95)
ORANGE MUNICIPAL CODE
17. 144. 180--17. 14. 190
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57HEET OR LLEY
C VER M MWISq16
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Fiqur 17.14. 18'15'.C
14. 190 Swim ina Poo. A swimming pool or spa may be
placed anywhere on a lot except in the required front yard
setback, subject to the followinq:
A. Fencinq. A fence or wall not less than five feet in height,
ae measured from outside the pool area, shall be provided
a:-ound the pool or spa. The fence or wall shall encloae the
pool or spa completely and shall be deaiqned to prevent
unauthorized access. If a wrought iron fence is provided,
tYie openings in the fence shall nat be wider than four
iriches.
B. Ga tes and Latches. All qatea or doora within the fance or
wa ll shall be kept securely closed at all times when not in
us e. The qate or door shall be equipped with a self-closinqaridself-latchinq device which enables the gate or door to
be: securely closed. Latchas shal]. be placed a ainimum of
fi.ve faet above the qround.
11/9_'i) 536
ORA GE MUNICIPAL CODE
17. 14. 190--17. 14.250
C. Emergency Access. A clear path at least three feet wide
sh+311 be provided around the entire pool or spa to allow for
ema_rgency access. For properties containing two or fewer
un.its, a clear path shall be provided around 50 percent or
mo:re of the pool perimeter.
D. Ab ve Grade Pools or Spas. All above grade pools or spas and
as;sociated elevated decking shall maintain a minimum setback
of three feet from any property line. (Ords. 12-95; 49-79;
5-'78; 15.44. 020, 040)
17. 14.200 Parkina. Parking requirements and standards are
specified in Chapter 17 .34 of this Tit1e. (Ord. 12-95)
14 .210 Landscapinq. Landscaping shall be provided as
required by Orange Municipal Code Chapter 16. 50 (Landscape
Standards and Specifications) . (Ord. :12-95)
17. 14.220 Sians. All signs shall comply with the require-
ments outlined in Chapter 17. 36 of this Title. (Ord. 12-95)
1. 14. 230 Trash Enclosures. All multiple-family
residential and mobile home park developments comprised of four
or more units shall provide trash collection areas adequately and
conveniently placed throughout the development. Trash collection
areas shall be screened from view on three sides by a six foot
high wall. A visually opaque gate sha:ll be provided. (Ords.
12-95; 20-82 : Prior Code 17.74. 110)
17.14.240 Screening of Mechanical Eauinment. All mechanical
equipment including, but not limited to, air conditioning units
and pool equipment shall be acoustical:ly 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 landscapinq. Otherwise, such equipment shall be
enclosed within a building. (Ords. 12-95; 15. 12)
17. 14.250 Old Towne Desian Standards. Developments within
Old Towne shall conform to the Aistorio Preservation Design
Standards for Old Towne Orange. Refer to 17.17.030 for
delineation of the limits of Old Towne. (Ord. 12-95)
537 11/95)
ORANGE MUNICIPAL CODE
17.14.260
17. 14 .260 Additional Develovment Standards for Mobile Home
ark . The following additional standards apply to all mobile
home park developments:
A. Building Height.
1. Mobile homes shall be limited i.n height to one-story not
to exceed 20 feet.
2. The maximum height for recreation buildings shall not
exceed 35 feet, provided the buildings are set back from
adjacent R1 property and public streets a distance
equivalent to twice the building's height.
3. The maximum height for all structures other than
recreation buildings and mobile homes shall not exceed 15
feet and/or one story. (Ords. 12-95; 38-73 : Prior Code
17.36. 060)
B. Laundry Facilities. Laundry facilities shall be provided in
a centrally located common structure. An enclosed area
screened from view shall be provided for the outdoor drying
of clothes. No clothes drying shall be permitted on the
individual mobile home space unless done within an enclosed
structure. (Ords. 12-95: Prior Codes 17. 36. 130 and
17.64 . 130)
C. Liqht and Glare. All mobile homes and their annexes shall be
treated or screened so as to minimize sunlight reflection off
their sides or roofs beyond the boundaries of the mobile home
park. (Ords. 12-95; 38-73 : Prior Codes 17. 36. 180 and
17. 64 . 180)
D. Management Office. All mobile home parks shall be supervised
at all times and shall have a centrally-located, separate
office or room on the mobile home park premises to serve as a
management office. (Ords. 12-95; :38-73 : Prior Code
17. 36. 160)
E. Perimeter Screening. In order to provide a buffer between
mo:bile home parks and abutting uses, the following standards
shall apply. A six foot high, view-obscuring screen shall be
installed and maintained along, but no closer than, ten feet
from the ultimate or future right-of-way from any public
street and three feet from any mobile home. Where there is a
difference in elevation on opposite sides of such screen, the
height shall be measured from the highest grade level. Such
screen shall consist of one or any combination of the
following:
11/95)538
ORANGE MUNICIPAL CODE
17. 14.260
1. A solid, masonry wall;
2 . A landscaped, earthen berm, not, to exceed 20 feet in
width at the base; and/or
3 . A six foot high hedge. (Ords. 12-95; 38-73: Prior Code
17.36. 090, 17. 64. 090)
F. Pr:ivate Storage Space. A minimum of 150 cubic feet of
enclosed, usable storage space shall be provided on each
mo ile home space prior to occupancy of such mobile home.
Surh storage space shall be in addition to the storage
provided in or under the mobile home. (Ords. 12-95; 38-73 :
Pr:ior Code 17. 36. 120)
G. Pul lic Storage Space. A minimum of one 10 x 20 foot storage
ar aa shall be provided for each three mobile home spaces in
th a park. Storage spaces shall be distributed within the
pa:rk so that they are readily accessible to all residents of
the mobile home park and shall be used for the storage of
bo its, campers, and similar items. Such spaces shall be
sc:reened with a six foot high solid wall or fence. No boats,
trailers, or campers shall be parked or stored on the mobile
home park premises except in such designated storage areas.
O:rd. 12-95; 38-73 : Prior Code 17. 36. 120)
H. Sc:reening of Undercarriage. The undercarriage of all mobile
homes shall be screened from view on all sides, except that
an access panel shall be provided according to state
requirements. (Ords. 12-95; 38-73:, Prior Code 17.36. 170)
I. Tr+3sh Collection. Trash collection areas shall be provided.
Common trash collection areas shall be adequately distributed
th:roughout the mobile home park and shall be enclosed or
sc:reened from view on three sides by a six foot high wall. A
vi:aually opaque gate shall be provided. (Ords. 12-95; 38-73 ;
38!i Sect 20: Prior Code 17. 36. 080)
J. Urnierground Utilities. All utilities such as natural gas,
el actric, water, sewer, phone and cable TV shall be
uncierground. (Ords. 12-95; 385: Prior Code 17. 36.070)
K. Usaible Open Space. Usable open space shall be provided as
required by Table 17. 14.070 and shall be in addition to all
aa ess drives, laundry, office, par.king, storage, and mobile
home yard area requirements. Commnn open space areas may be
in one or more locations and shall be located to be readily
accessible to all residents of the mobile home park. Such
common areas shall have minimum dimensions of 20 feet by 20
fe at. (Ord. 12-95)
539 11/95)
ORANGE MUNICIPAL CODE
17. 14.270--17.14.280
1'7 14 270 Senior Citizen Housinq= Purnose and Intent. This
section establishes the requirements and the review procedure for
housing developments designed to accommodate senior citizens.
This section also presents State mandated incentives to encourage
the development of senior citizen housinq as well as incentives
established by the City. (Ords. 12-95; 28-87: Prior Code
17.35.010)
1'7. 14.280 Definitions.
A. S anior Citizen or Qualifying Resident. For the purposes of
tliese provisions, a senior citizen is considered any person
6:t years of age or older, or far persons residing in a senior
c:itizen housing development consisting of at least 150 units,
any person 55 years of age or older.
B. SEanior Citizen Housing Development. Residential projects,
where at least 50 of the units are designed to meet the
physical and social needs of senior citizens. Senior Citizen
H<using includes, but is not limited to senior citizen's
apartments, and Room and Board facilities, but does not
include those facilities providing medical care, or "care and
supervision" as defined below.
C. SEanior Citizen Apartment Project. A residential apartment
p oject, developed according to the standards contained in
this chapter where at least 50 of the units are designated
for senior citizens and contain facilities for independent
l:iving and cooking. At least one resident of each designated
apartment unit must be a senior citizen as defined above,
w:Lth the exception of the resident. manager, if any.
D. Room and Board Facility. A facility where centralized
k itchen and dining areas are provided, and individual units
do not have full kitchens. Services such as housekeeping,
1<undry and full time staff supervision may also be offered,
but medical care or "care and supervision" (as defined below)
i:: not provided.
E. Czire and Supervision. Those activities, which if provided,
shall require the facility to be licensed by the State. It
involves assistance as needed with activities of daily living
and the assumption of varying degrees of responsibility for
tkie safety and well being of residents. "Care and
Supervision" shall include:
1. Assistance in dressing, grooming and other personal
hygiene;
2 . Assistance with takinq medication;
11/9!S)540
ORANGE MUNICZPAL CODE
17. 14.280--17.14.290
3., Central storing and distribution of inedications;
4 „ Arrangement of and assistance with medical and dental
care. This may include transportation.
NOTE: Any facility providing care and supervision shall be
considered, for the purpose of zoning, as a rest home
or convalescent hospital , and shall not be governed by
the provisions of this chapter. Development of such a
facility shall be in accordance with all conditions
and standards of the zone in which the use is
permitted.
F. Residential Care Facility for the Elderly. A housing
arrangement chosen voluntarily by the residents, or the
rEasident's guardian, conservator or other responsible person,
wYiere 75 percent of the residents are at least 62 years of
age, or, if younger, have needs compatible with other
residents, and where varyinq levels of care and supervision
a-e provided, as agreed to at time of admission or as
determined necessary at subsequent. times or reappraisal.
Such a facility requires State licensing, and is not governed
b} the provisions of this chapter, except as provided in
1. 14. 030.
G. Intermediate Care Facility. Similar to Residential Care
Facility for the Elderly, but greater levels of care and
supervision are provided, includinq up to 40 hours of nursing
care per week. Such a facility requires State licensing and
ies not governed by the provisions of this chapter, except as
p-ovided in Section 17. 14 .030.
H. S}:illed Nursing Facility. Residential facility in which
sl:illed nursing care and supervisi.on is provided. Such a
facility requires State licensing and is not governed by the
provisions of this chapter, except. as provided in 17. 14 .030.
brds. 12-95; 28-87: Prior Code 17. 35.020)
L7. 14 .290 General Develooment Requirements.
A. Base Zoning District Applies. Unless otherwise indicated by
tYie provisions of this division, the development standards
e:;tablished for the base zoninq district shall apply as
follows:
1. Projects located in the R-3, CP and OP zones shall be
subject to the development standards of the R-3 zone.
541 11/95)
ORANGE MUNICIPAL CODE
17.14 .290--17. 14. 310
2 . Projects located in the R-4, C1, C2, C3 and C-TR zones
shall be subject to the development standards of the R-4
zone. (Ords. 12-95; 28-87: Prior Code 17. 35. 060)
B. Parking Required. Off street parking and circulation shall
be provided in accordance with Chapter 17.34. (Ords. 12-95;
28-87: Prior Code 17.35. 100)
C. Elevators Required. Any building which has two or more
stories shall be provided with elevators for use by building
residents. (Ords. 12-95; 28-87: Prior Code 17. 35.080)
17. 14. 300 State Incentives and Recruirements. The provisions
of this section are in accordance with California Government Code
Section 65919.
A. Eligibility. The incentives in thas section shall apply when
at least 50 of the dwelling units within a housing
development are designated for senbor households.
Ord. 12-95: Prior Code 17. 35.050r
B. Development Incentives
1. A 25$ density bonus shall be granted, and;
2 . One additional incentive shall be granted such as, a
reduction in the minimum floor area required for each
senior unit, or a reduction in the usable open space
required, or an allowance for a density bonus greater
than 25$. (Ord. 12-95: Prior Code 17. 35.050)
C. Te:nure Requirements. The senior units shall be reserved for
a ;minimum of 30 years when a density bonus and an additional
in centive is granted, and a minimum of ten years when only
ei ther a density bonus, or an incentive is granted. (Ords.
12-95; 28-87: Prior Code 17. 35. 040)
7. 14. 310 Svecial Incentives and Requirements. The
provisions of this section are intended to promote the
construction of housing that ill be reserved for senior
households in perpetuity, an that a percentage of which will be
reserved as affordable to se ior households.
A. El.igibility. The special incentives in this section shall
apply when at least 50 percent of the dwelling units within a
housing development are designated for seniors, and at least 10
of the senior units are provided for "very low income"
households, or 20 of the senior units are provided for "lower
income" households. (Ord. 12-95)
11/95)542
ORANGE MUNICIPAL CODE
17. 14.310
B. Development Incentives.
1. Density Bonus. At least a 258 density bonus shall be
granted for projects that meet the minimum eligibility
requirements. A density bonus greater than 25 may be
granted if a higher percentage of units within a housing
development are designated for seniors and very low or
lower income households. (Ords. 12-95: Prior Code
17.35. 050)
2 . Minimum Floor Area. The minimum floor area of individual
living units shall be as indicated in Table 17. 14. 310,
unless otherwise preempted by Federal regulations.
Ords. 12-95; 28-87: Prior Code 17.35. 090)
TABLE 17. 14.310
MINZMUM FIAOR AREA FOR SENIOR CITIZEN UNITS
Type of Unit Minimum Floor Area in Square
Feet
Efficienc A artment 450
One Bedroom Unit 550
Two Bedroom Unit 750
Room and Board Unit 400
3 . Recreation and Leisure Area Requirements. Common
recreation and leisure areas shall be provided as
follows:
a. 20 Units or Fewer. In developments containing up to
20 units, a unified, landscaped common recreation and
leisure area, conveniently located and readily
accessible from all dwelling units, shall be
provided.
i. Total usable open space shall be provided at the
ratio of at least 150 seYuare feet per dwelling
unit. Minimum dimensions shall be 20 feet by 20
feet.
ii. In developments where private patios or balconies
are provided, up to SO square feet of each private
patio or may be deducted from the recreational
area requirement.
b. More Than 20 Units. In developments of more than 20
units, at least one indoor multi-purpose or
recreation room shall be provided in addition to the
open space area required in Section 17. 14 .340.A
above. The room shall have a minimum floor area of
1, 000 square feet or five percent of the gross
residential floor area, whichever is less. (Ords.
12-95; 28-87 : Prior Code 17. 35. 110)
543 11/95)
ORANGE MUNICIPAL CODE
17.14 .,310--17. 14. 320
E . Off-Street Parking and Circulation. Off-street parking
and circulation shall be provided as follows:
a. Number of Spaces. A minimum of one parking stall
per dwelling unit shall be provided, inclusive of
guest parking. If more than 25 percent of the
apartment units contain two bedrooms, the Planning
Commission will reevaluate the parking requirement
through the Conditional Use Permit process and may
require additional parkinq to be provided.
b. Reduction in Spaces. The Planning Commission may
reduce the parking requirements where findings can
be made that a less restrictive parking
requirement is appropriate due to the nature of
the use (for example, a facility for non-
ambulatory residents) .
c. Type of Stalls. Parking stalls may be either open
or covered.
d. Parking Lot Layout. The location, orientation,
and overall design of the parking lot shall be as
required by Chapter 17. 34 of this Title.
e. Circulation and Access Requirements.
i. All proposed points of vehicular access,
vehicular circulation to and from the off-
street parking area, and driveway locations
shall be approved by the City Engineer.
ii. All private drives shall be constructed in
accordance with standards on file in the
Public Works Department.
iii. A passenger drop-off area may be required at
a sidewalk location immediately adjacent to
the buildinq main entrance.
C. 7'enure Requirements. All senior units and all affordable
s:enior units shall be reserved for the life of the project.
Ords. 12-95; 28-87: Prior Code 17.35.040)
17. 14.320 Conditional Use Permit Required. All senior
housir g projects shall be subject to the Conditional IIse Permit
revierr process, and shall be subject to the followinq additional
consiclerations:
A. Proximity to Services. The proposed project ehall be
reviewed for its proximity to necessary services such as
retail stores, banks, medical facilities, and transit stops.
B. Compatibility with Surrounding Development. All senior
citizen housing shall be desiqned and located in a manner
compatible with existing and planned land uses in the area in
terms of density, scale, type of use, traffic circulation,
and other considerations.
11/95) 544
ORANGE MUNICIPAL CODE
17. 14. 320--17 .14 . 330
C. Pr vision of Amenities. The provision of certain amenities
sh311 be considered on a case-by-case basis. Amenities such
as the following should be included:
1. Porches, balconies, or window boxes for each unit.
2. Kitchen or kitchenette facilities provided in conjunction
with common recreational rooms.
3 . Additional common leisure area beyond the minimum
requirements.
4 . On-site services and medical. facilities.
D. Ada_quacy of Health and Safety Features. The adequacy of the
fo:ilowing required features shall be considered:
1. Provision of safety features such as grab bars in showers
and bath tubs, hallway railings, emergency buzzers,
intercom systems, and attended or unattended locking
building entries.
2 . The location and size of communal laundry rooms relative
to the number of units in a senior citizen development.
Ords. 12-95; 28-87: Prior Cade 17. 35. 030)
14. 330 Deed Restriction. All senior housing projects
that utilize the incentives listed in Sections 17. 14. 300 and
17. 14. 310 shall be required to execute and record an agreement
with the City which may include, but is not limited to, the
following:
A. Id entification of affordable units;.
B. Initial rents to be charged;
C. Me thods used to calculate periodic rental increase;
D. Pr grams to be used to monitor compliance with the agreement;
E. Te:rm for which the aqreement is operative;
F. Pe;nalties for non-compliance; and
G. Priority given to residents of the City of Orange. (Ords.
12-95; 28-87 : Prior Code 17 .35.040)
545 11/95)
ORANGE MUNICIPAL CODE
17. 14. 340--17. 14.350
17. 14.340 Affordable Housing - Puroose and Intent. The
purpose of this chapter is to provide incentives to developers
for th.e production of lower income housing units in order to meet
the affordable housing goals of the City's General Plan Housing
Elemen.t. These provisions are based upon Section 65915 of the
Califosnia Government Code that requires local governments to
adopt provisions for the granting of density bonuses and
additional concessions as incentives for the development of
afford.able housing. (Ords. 12-95; 11-93 : Prior Code 17. 37. 010)
14. 350 Definitions.
A. Affordable Units - Housing units, both single and multiple
family, to be rented or sold to lower or very-low income
households, as set forth in Section 17. 14.400.
B. Area Median Income - Median income figures published annually
by the State Department of Housing and Community Development
HCD) , and are based upon annual income limits established by
the Federal Department of Iiousing and Urban Development
HUD) .
C. Density Bonus - An increase in the proposed number of units
over the number permitted pursuant to the current general
plan designation of the project site.
D. Housinq Development - One or aore groups of projects for
residential units, planned as one project, such as projects
planned under a specific plan, or within a Planned Community
PC) zone when defined by a single development plan.
E. Lower Income Households - Persons and families whose income
does not exceed 80 of the area median income, as adjusted
for family size (Section 50079.5 of the California Health and
Safety Code) .
F. Very Low Income Households - Persons and families whose
income does not exceed 508 of the area median income, as
adjusted for household size (Section 50105 of the California
Health and Safety Code) . (Ords. 12-95; 11-93 : Prior Code
17. 37.020)
11/95) 546
ORANGE MUNICIPAL CODE
17. 14. 360--17.14 .370
1'7.14. 360 Eliqibilitv. This Chapter shall apply to a
qualifying housing development, which is defined as the new
construction of rental or for-sale housing developments
consisting of five or more dwellinq units, provided the zoning
and general plan designations for the subject project site allow
a minimum of five, when at least ten percent of the units are
provided for "very low income" households, or 20 of the units
are provided for "lower income" households. (Ords. 12-95; 11-93:
Prior Code 17.37. 030)
1'7.14. 370 Develonment Incentives. Pursuant to Section 65915
of the California Government Code, the proponent of a qualifying
housing development project shall be eligible for a density bonus
of at least 25 over the otherwise maximum allowable density
permitted by the City's General Plan for the project site and one
additional incentive, unless the reviewing body makes a written
finding that additional concessions or incentives are not
necessary for the project's affordability. The project proponent
may propose the particular incentive or concession desired, but
the reviewing body shall determine which incentive or concession
is most appropriate considering the economic feasibility of the
development project, and impacts on the City's budget, public
healt:h, safety and welfare and surrounding properties. At least
one of the following incentives may be requested:
A. A reduction in one site development standard which exceeds
m:inimum State building code requirements such as, lot
coverage, frontage, or depth, building setback or height, or
a substitution of covered parking for enclosed parking,
public recreational amenities for private open space;
B. A:Llow for mixed use in conjunction with the housing
dE.velopment upon properties zoned for commercial, office, or
industrial use;
C. A regulatory incentive or concession resulting in
icientifiable cost reductions such as a reduction, waiver or
rEaimbursement of planning review f.ees, development fees, or
building plan check and permit fees;
D. A]Llow for a density bonus greater than 25 or more than one
rE gulatory incentive provided a hi.gher percentage of units
a-e designated as affordable;
E. Oi:her incentives of equivalent financial value based upon the
land cost per dwelling unit. (Ords. 12-95; i1-93: Prior Code
1. 37.040)
547 11/95)
ORANGE MUNICIPAL CODE
17. 14. 380
1'7. 14 .380 Annlication Procedure. All applicants/owners who
are proposing to construct housing developments eligible to
utilize the provisions of this chapter are subject to the
following application procedures:
A. P reliminary Application Required. A preliminary application
sliall be submitted to the Community Development Department to
include a site plan and narrative description of the project.
Tlie description shall detail the general scope of the
p coposed project, zoning and general plan designation of the
p roperty, and based upon the site constraints and proposed
hc using product type, the maximum possible density permitted
under the current zoning and general plan designation, and
wlien utilizing the provisions of this Chapter. When
r aquesting the City to modify any development standard as an
incentive, the applicant/owner shall include in the narrative
a detailed explanation as to how the requested incentive is
nEacessary to achieve the affordability goal of this Chapter.
In evaluating such preliminary applications, the City may
rEaquire an independent appraisal and/or financial analysis of
the subject property with and without a density bonus, and
w:ith and without the proposed concession or incentive of
equivalent financial value to be performed by an appraiser or
f:inancial analyst deemed acceptable by the Community
Dfavelopment Department and at the expense of the
applicant/owner. Pursuant to Sect.ion 65915 of the California
Government Code, the City shall, within 90 days of receipt of
the site plan and written proposal, notify the
applicant/owner in writing of the procedures which will apply
to the review process.
B. Conditional Use Permit Required. Subsequent to the
p-eliminary application process, a conditional use permit
application, in conjunction with any corresponding
dE:velopment applications necessitated by the project, shall
be: submitted for review to the Community Development
Dfepartment. An evaluation using the criteria set forth by
tkiis Chapter and a recommendation shall be forwarded to the
Pl.anning Commission. Final determination of the request
sYiall be made by the Planninq Commission as provided for in
Seaction 17.10.030, unless financial assistance is requested,
ir which case the Planning Commission shall make a
re:commendation to the City Council, who shall make the final
dE termination. The reviewinq body may place reasonable
conditions on the granting of a density bonus and any other
iricentives as proposed by the applicant. However, such
ccinditions must not have the effect, individually or
cumulatively, of impairing the goal of Section 65915 of the
Cailifornia Government Code, and this Chapter, to make the
de:velopment of affordable housing for very-low or lower
iricome households economically feasible. (Ords. 12-95; il-
93 : Prior Code 17. 37.060)
11/9°i)548
ORANGE MUNICIPAL CODE
17. 14. 390--17.14 .400
17. 14.390 Affordable Unit Distribution and Product Mix.
Affor able units shall be distributed throughout the project and
shall include a mixture of unit types (floor area, number of
bedroams/baths, etc. ) and amenities representative of and similar
in ch racter to the entire project. (Ord. 12-95)
7. 14.400 Affordabilitv Aareement. The project
proponent/owner shall agree to construct, operate and maintain
the required number of affordable units in accordance with a
written agreement between the applicant and the City, approved in
form and content by the City Attorney, and recorded, as a deed
restri.ction, with the Orange County Recorder's Office, prior to
the i suance of any building permits for such eligible housing
develc pment. The agreement shall include the following:
A. Identification of Affordable Units. Units shall be
identified by address and legal description, type (floor
area, number of bedrooms/baths, eto. ) , and designated
household income category. The Ag:reement shall also identify
the total number of affordable units to market rate units
within the development project.
B. Terms of Affordability. Pursuant to Section 65915 of the
California Government Code, the affordable units shall be
reserved for a minimum of 30 years when a density bonus and
an additional incentive or concession is granted, and a
minimum of ten years when only either a density bonus, or a
concession is granted. Such reservation period shall begin
on the date a certificate of occupancy is granted for the
affordable units.
C. Maximum Allowable Rent or Sales Price.
1. Rental Projects.
a. Determination of Rent. A maximum rent schedule shall
be submitted to the Community Development Department
prior to the issuance of an occupancy permit for the
affordable units, and updated annually on the
anniversary date of occupancy. Pursuant to Section
65915, the maximum monthly rent to be charged for
very-low income households cannot exceed 30$ of 50
of the area median income, and for lower income
households, 30 of 603 of the area median income, as
adjusted for family size.
b. Deposit Amount. Total move-in costs for eligible
tenants occupying affordabl.e units shall be limited
to first month's rent plus a security/cleaning
deposit not to exceed one month's rent.
549 11/95)
ORANGE MUNICIPAL CODE
17. 14.400
c. "Upward Mobility" Allowance. When a tenant occupying
an affordable unit no longer qualifies under the
income provisions, as defined in Section 17.14 .350
and verified through the monitoring program required
as part of Affordability Agreement, that tenant may
then be charged market rate rent. If this occurs,
any currently-vacant unit of similar type to the
affordable unit shall then be designated as an
affordable unit, and the applicant/owner shall
immediately attempt to secure tenants in accordance
with this Chapter. The applicant/owner is required
to maintain the total number of affordable units
identified in the Agreement.
d. Subletting of Rental Units. No subletting of
desiqnated affordable units shall be allowed unless
the following conditions are met:
i. Written permission is obtained from the
applicant/owner and submitted to the Community
Development Department; and,
ii. The subletee qualifies as a very-low or lower
income household and the combined income of all
potential tenants, adjusted for family size, does
not exceed the income l.imits set forth in Section
17.14 .350.
iii.The rent collected shall not exceed the maximum
monthly rent allowed to be charged as specified in
Section 17.14.400.C.
2 . Ownership Projects.
a. Determination of Sales Price. A maximum sale price
shall be submitted to and verified by the Community
Development Department for the initial and subsequent
resale of affordable units where very-low income or
lower income households could qualify for a fixed-
rate 30-year mortgage for 90 of the purchase price
under current conventional home mortgage lending
criteria and interest rates, or under the lending
criteria and interest rates of a below-market rate
home mortgage lendinq program for which such
household actually qualifies and receives a loan.
b. Sale Clause. The Affordability Agreement shall
stipulate that when the terms of affordability have
expired on a dwelling unit that the City of Orange
and regional non-profit housing organizations shall
have a first right of purchase option 60 days prior
to the unit being advertised on the market.
11/95) 550
ORANGE MUNICIPAL CODE
17. 14.400--17.14.410
c. Rental of For-sale Units. Rental of designated
affordable for-sale units shall not be allowed unless
the renter(s) qualifies as a very-low or lower income
household as set forth in Section 17. 14 . 350, and the
rent to be charged is in accordance with 17. 14 .400.C.
D. Monitoring of Compliance to Agraement. Monitoring program
ahall include specifying the party responsible for
ertifyinq tenant incomes and rent levels or sales price,
ruaintaininq the required number af affordable units and each
unit's property, and marketing and filling unit vacancies.
E. iJhere a demonstrable need can be shown in order to comply
with affordable housing financing programs, in place of the
provisions required by subsections A (Identification of
Affordable Units and C.l.c ("Upward Mobility" Allowance) ,
i:he project proponent/owner may propose, as part of the
c:onditional use permit application, alternative provisions
1'or assuring compliance with the requirements for
maintaining the affordability of the specified number of
units, which may be approved or denied by the Planning
c:ommission or City Council as part of the conditional use
permit process. To approve such alternative provisions the
cietermining body shall make a finding based on substantial
E:vidence in the record of the hearing that the alternative
provisions will reasonably assure the continued
affordability of the specified number of units for the time
prescribed in this Chapter.
F. Disclosure of Project Approval. For purposes of notice to
i:hird parties, the Agreement shall reference or delineate
z 11 conditions imposed upon the project or any incentive by
1:he final approval of the project.. (Ords. 12-95; 11-93 :
I?rior Code 17. 37. 070)
L7. 14 .410 Findinas. In addition to the criteria used for
consicieration of conditional use permit applications, the
revie ing body shall make the following findings when considering
housing development projects that utilize this Chapter:
A. 7'he project provides a quality living environment for very
low income and lower income households.
B. Th e project fulfills a demand for affordable housing which is
cu.rrently not provided for by the existing housing stock.
C. Th.e project conforms to the goals set forth in the General
Plan Housing Element.
551 11/95)
ORANGE MUNICIPAL CODE
17. 14 .410--17.14.420
D. The project can be adequately serviced by the City and County
wziter, sewer, and storm drain systems, without significantly
in pacting the overall service or system.
E. TYie project will not have a significant adverse impact on
tiraffic volumes and road capacities, school enrollment, or
rE:creational resources.
F. TYie density bonus and additional incentive(s) are necessary
in order to achieve the affordability of the units and will
not impose an undue financial hardship on the City, or
adversely impact public health, safety and welfare and
surrounding properties. (Ords. 12-95; 11-93 : Prior Code
17.37. 080)
17.14 .420 Enforcement. Violation of any provision of this
Chapt ar or of any provision of the Affordable Housing Agreement
requixed under Section 17. 14.400, shall be a misdemeanor with
each <iay of the continuance of the violation a separate offense,
and shall be punishable by a fine not to exceed $500. 00 or
impri:aonment for not more than six months or by both such fine
and imprisonment. (Ords. 12-95; 11-93: Prior Code 17.37.090)
ILLUSTRATIVE
DENSITY BONUS CALCULATION
Land Use Designation Multiple Family
Residential
Maximum Permitted Densit 24 dwellin units acre
Pro ert Size 2 acres
Maximum Units at 48 units
Permitted Densit
Units Affordable to 10 units
Target Households (20$
for lower-income
households) [48 x .20 =
9. 6 or 10
Density Bonus Units (@ 12 units
25) 48 x .25 = 12
Total Project 48 base Units
Units with 25 12 densitv bonus units
Density Bonus: 60 Total Units
50 units at market rate,
10 units at affordable
rate)
11/9'.i) 552
ORANGE MUNICIPAL CODE
17. 16--17.16.030
CHAPTER 17. 16
PLANNED UNIT DEVEiAPMENTS
Sectio:
17. 16. 010 Purpose and Intent
17. 16. 020 Conditional Use Permit Required
17. 16. 030 Findings
17 . 16. 040 Permitted Locations
17. 16. 050 Application for a Planned Unit Development
17. 16. 060 Development Standards
17. 16. 070 Conditions, Covenants and Restrictions
17. 16. 080 Changes or Amendments to Approved PUD's
17. 16. 010 Puroose and Intent. The Planned Unit Development
PUD) is established to provide an alternative to standard
residential development wherein the ex.isting General Plan
densities are preserved but flexibi.lity is provided by allowing
the clustering of units and combining of open space, recreation
areas and roadways under common ownership. (Ords. 12-95; 20-82 ;
44-73: Prior Code 17. 66. 010, 17.82. 010)
17. 16. 020 Conditional Use Permit Recruired. A Conditional
Use Permit before the Planning Commission and City Council shall
be required for the establishment of a Planned Unit Development
PUD) . Once a PUD is established, the Conditional Use Permit
shall be binding upon the applicants, their successors, and
assignees, and shall regulate the construction, location, use and
maintenance of all land and structures within the development.
Ords. 12-95; 20-82 ; 65-79; 44-73 : Prior Codes 17. 66.040 and
17.82. 020)
17 . 16. 030 Findinas. In order to qualify for a Planned Unit
Development, the following findings must be made by the reviewing
body to justify the approval:
A. The project conforms to the General Plan in regard to land
use designation and density.
B. The project utilizes creative and imaginative planning and
design features to create a quality living environment,
equal to or better than what might be accomplished under the
base zone designation.
C. The project preserves unique physical, topographical or
environmental features, where applicable. (Ords. 12-95;
20-82 ; 65-79 ; 44-73 : Prior Codes 17.66.040, 17.82. 020)
553 11/95)
ORANGE MUNICIPAL CODE
17. 16.i)40--17. 16.050
17., 16. 040 Permitted Locations. Planned Unit Developments
may be located in any zone district zoned for residential use, or
as oth arwise indicated in Table 17. 14. 030 of this Title. A PUD
shall e adopted by Ordinance, and indicated on the zoning map by
the ba:ae zoning designation and the Conditional Use Permit number
applic ble to that PUD. For example, n the R-1 zone, a PUD may
be ind:icated R1-7 (PUD 1901-91) . (Ord, 12-95)
17„ 16.050 Annlication for a Planned Unit Development.
A. In addition to the information required for a Conditional Use
Permit application, applications far a PUD shall include a
prE:cise plan of development that includes the following
deL-ails:
1. The dimensions of the total site, including gross and net
acreage.
2. The project density calculated on gross acreage and net
acreage (exclusive of public right-of-way) .
3 . The proposed site design and organization of buildings
and residential clusters, including building footprints
with all setbacks identified.
4. The location and dimensions of infrastructure, including
roads, pedestrian paths, and bicycle or equestrian paths
and trails.
a. The interior circulation system shall be shown in
relationship to the exterior circulation system.
b. The plan shall indicate whether the circulation
system will be private or dedicated to the public.
5. Areas reserved for common open space and any designated
active recreation areas or facilities, and calculations
showing the acreage of open space.
6. Architectural concept for structures proposed within the
PUD.
7. A calculation of the total number of parking spaces
required and provided, and detailed plans of parking
areas.
8 . A conceptual landscape plan, including perimeter walls
for the development.
9. An anticipated phasing plan.
11/95) 554
ORANGE MUNICIPAL CODE
17. 16. 050--17. 16. 060
10. Other information as determined to be necessary to
facilitate review by the Director of Community
Development.
B. Wh anever a planned unit development is proposed to be
sul divided in any manner, a tentative tract map or parcel map
shall also be filed. (Ord. 12-95)
17 . 16.060 Develonment Standards. This section establishes
minimum development standards for PUDs. The reviewing body may
require more stringent standards to ensure compatibility with
surrounding uses, quality of life for future residents and
protection of public health, safety, and general welfare.
A. Density. The total number of dwelling units permitted shall
noit exceed the number allowed by the General Plan. In
esitablishing the density, the reviewing body shall consider
compatibility with surrounding land uses and densities on
ad.jacent parcels.
B. Bu:ilding Height. The underlying zone district shall govern
the maximum permitted building heights for all structures
wiithin a PUD.
C. Bu:ilding Separation. Distance between dwellings are required
in order to provide adequate light and air and privacy. The
provisions outlined in Table 17. 16. 060 shall apply, as well
as specific provisions found in building and fire codes.
Architectural features such as chimneys and eaves may
enrroach into the required separation area by no more than
twi feet.
D. Seltback from Public right-of-way. All structures (including
wa:Lls or fences exceeding 42" in height) shall be setback a
minimum of 20 feet from a public right-of-way. The required
se tback area shall be landscaped.
E. Pr ject Area Boundary Setback. All habitable structures
shall be set back a minimum of ten feet from any project
boundary not abutting a street. Buffer of trees or hedges
sh ill be provided as appropriate to ensure compatibility with
ad.jacent uses.
F. Initerior Street Setbacks. All structures shall be set back a
minimum of ten feet from any interior street. Garage door
op anings shall be set back a minimum of 20 feet from any
initerior street, unless one additional parking space is
provided for all units containing garages with driveways less
th:in 20 feet in length. Such space must be conveniently
located to the units.
555 11/95)
ORANGE MUNICIPAL CODE
17.16. 060
TABLE 17.16.060
REQUIRED DISTANCES BETWEEN BUILDINGS
Minimum Required Distance
Between Principal Structures on the Same Lot(a)
Minimum
Distance
Num;ber of Front/Any All Other Between
Stnactures Other Building Configurations Principal and
Wall Accessory
structure
One N A N A 6 feet
Two to Four 15 feet 8 feet. 6 feet
Five or More 25 feet from view allowing 6 feet
windows in any adjacent
structure. 15 feet minimum
between solid facing walls, or
when windows are located on
onl one facin wall.
NOTE:
a) For obliquely aligned buildings, the required distance
between two principal structures may be decreased by up
to five feet if the distance at the opposite corner is
increased by an equal or qreater distance.
G. La:ndscaping. Iandscaping shall be provided as required by
th e City's Landscape Standards and Specifications.
H. Op en Space/Recreation.
1. Usable Open Space shall be provided as set forth in Table
17. 14. 070 of this Title. Usable open space shall not
include any portion of off-street parking space,
driveways, turnaround areas, required setback area from
public right-of-way.
a. Private Open Space shall be provided in the form of a
fenced or screened yard or patio, a deck, or a
balcony. In order to count toward the open space
requirement, a yard area, or uncovered patio or deck
shall have a minimum width and length of ten feet,
the minimum dimension of a balcony (both width and
depth) shall be seven feet.
i. For PUDs containing up to six units per acre, a
minimum of 450 square feet per unit shall be
provided.
11/95) 556
ORANGE MUNICIPAL CODE
17. 16. 060
ii. For PUDs containing seven or more units per acre,
a minimum of 100 square feet per unit shall be
provided.
b. Common usable open space areas shall conform to the
requirements set forth in Table 17.14 .070 and Section
17. 14. 110.B of this Title.
2. Recreation Facilities/Open Space Amenities.
a. Within each PUD, one common recreational or open
space amenity shall be provided for each 25 units or
fraction thereof. A mix of recreational amenities
shall be provided for PUD's exceeding 25 units.
b. The following listed amenities satisfy the
recreational facilities requirement recognizing that
certain facilities serve more people, have a wider
interest or appeal and/or occupy more land area than
others, specified items may be counted as 2
amenities:
i. Clubhouse (two)
ii. Swimming pool (two)
iii. Tennis court (one per court)
iv. Basketball court (one per court)
v. Racquetball court (one per court)
vi. weightlifting facility
vii. Children's playground equipment
viii.sauna
ix. Jacuzzi
x. Day Care Facility
xi. Lake or water feature (excluding water fountain)
xii. Other recreational amenity/facility deemed
adequate by the Community Development Director.
3. Pedestrian Paths. There shall be a system of pedestrian
pathways connecting all dwelling units or dwelling groups
to common usable open space areas.
I. P:rivate Streets. Private streets shall be permitted when a
hi me owner's association is established to maintain them.
Sitreets shall be constructed to standards and specifications
acceptable to the Director of Public Works.
J. Ar.cess. Access to each residential unit shall be provided by
e:ither a public right-of-way or private vehicular way.
Residential units shall not have individual vehicular access
onto arterial highways. Access roadways shall adequately
p rovide for fire fighting apparatus and refuse collection.
557 11/95)
ORANGE MUNICIPAL CODE
17. 16.i 60--17 . 16.080
K. P,3rking Regulations. Off-Street parking shall be provided
a;s set forth in Chapter 17.34 of this Title. (Ords. 12-95;
2 D-82 ; 19-79; 44-73 : Prior Code 17. 66. 090, 17.82. 030)
17, 16.070 Conditions, Covenants and Restrictions. A
community association or other means acceptable to the City must
be est+3blished to maintain all commonly held property. Copies of
conditions, covenants and restrictions that will apply to the
propos d development shall be submitted to the Community
Develo ment Department and City Attorney for review prior to the
issuan ce of the building permit for the project. (Ords. 12-95;
20-82 ; 44-73 : Prior Code 17. 66. 030)
7 . 16.080 Chanaes or Amendments to Apvroved PUD's. Minor
changes which are limited to small site alterations which do not
substa:ntially change the concept of the PUD as approved, may be
authorized by the Community Development Director. Major changes,
such as those pertaining to density, land use, and amount or
arrangement of open space, must be approved by the City Council
upon recommendation of the Planning Commission. Major changes
require submittal of a modification to the original conditional
use permit(CUP) , including a conditional use permit application,
fee as determined by City Council resolution, narrative and plans
detailing the requested changes. (Ord. 12-95)
11/95) 558
ORANGE MUNICIPAL CODE
17. 17--17.17.020
CHAPTER 17. 17
HISTORIC DISTRICTS
Sections•
17 . 17.010 Title
17 . 17.020 Purpose and Intent
17 . 17.030 District Established
17 . 17. 040 Establishment Procedure
17 . 17. 050 Criteria for Establishment
17 . 17.060 Development Standards
17 . 17. 070 Use of State Historic Building Code
17 . 17. 010 Title. Historic District Zone as amended,
previous reference "Old Towne Overlay Zone" and "Old Towne
Districts" (Ord. 38-88) , supplements the existing base zoning
standards for residential, commercial, and industrial development
within the City's historic areas. (Ords. 12-95; 38-88: Prior
Code 17. 10. O10A)
17.020 Purpose and Intent. The City Council has
determined that the spirit, character and history of the City,
State, and Nation are reflected in the historic structures,
improvements, natural features, sites, and areas of significance
located within the City, and that in the face of ever-increasing
pressures of modernization, cultural historic resources and
historic districts located within the City are threatened with
alteration, removal or demolition.
These structures and districts represent the City's unique
historical, social and cultural foundations, and should be
preserved as living parts of community life and development in
order to build a greater understanding of the City's past and to
give future generations the opportunity to appreciate, understand
and enjoy the City's rich heritage.
This Chapter is intended to promote the public health, safety,
and general welfare by:
A. Providing a means of reviewinq development projects to
ensure that these projects are compatible with community
aesthetics including architectural design, massing and scale,
context, signage, and landscaping.
B. Providing and encouraging preservation and
complementary new development within the existing components of
the Old Towne Historic District including the Plaza, Downtown
Core, Spoke Streets, Nutwood Tract, and Residential Quadrants,
and other districts as established.
559 11/95)
ORANGE MUNICIPAL CODE
17 . 17. 020--17 . 17. 050
C. Preserving diverse architectural styles, patterns of
development and design preferences reflecting the City's history
and encouraging complementary design and construction and
inspir:ing a more livable urban environment.
D. Integrating the preservation of cultural historic resources,
and hi:atoric districts into the public and private land use
management and development processes.
E. Si abilizing neighborhoods through the preservation of
cultur il resources and the establishment of historic districts,
thus enhancing the City's attraction to tourists and visitors
thereby stimulating business and industry.
F. Encouraging public participation in identifying and
preserring historic and architectural r.esources thereby
increasing community pride in the City''s cultural heritage.
Ords. 12-95; 38-88: Prior Code 17.70. 010)
7. 17 .030 District Established. One district has been
establ.ished, the Old Towne District as bounded by Batavia Street
on the west, Cambridge Street on the east, Walnut Avenue on the
north, and La Veta Avenue on the south, including the Nutwood
Tract on the south side of La Veta Avenue. The boundaries of the
Old Towne District shall run along the centerline of the
design+ated streets and the borders of the Nutwood Tract. (Ord.
38-88) Other historic districts may be established in the
future. (Ords. 12-95; 38-88: Prior Code 17.70.OlOB)
7 . 17. 040 Establishment Procedure. Application for a
historic district shall comply with the zoning amendment
proced ure for a change in the zoning district classification upon
design ation approval by City Council as prescribed under Section
17. 10. D20. (Ords. 12-95; 38-88: Prior Code 17.70.040)
17 . 17.050 Criteria for Establishment. An historic district
may be established to preserve landmarks and areas exemplary of
architectural, archaeological, cultural, economic, social, or
historical value if the landmark or area meets the following
criteria:
A. The resource exemplifies or reflects special elements of the
City's cultural, social, economic, political, aesthetic,
engineerinq, architectural or natural history and possesses an
integrity of location, design, setting, materials, worl anship,
feeling and association; and
11/95) 560
ORANGE MUNICIPAL CODE
17. 17.050--17. 17. 060
1. It embodies distinctive characteristics of a style,
type, period or method of construction, or is a
valuable example of the use of indigenous materials or
craftsmanship; or
2. It contributes to the significance of an historic area,
being a geographically definable area possessing a
concentration of historic or scenic properties or
thematically related grouping of properties which
contribute to each other and are unified aesthetically,
by plan or physical development; or
3. It reflects significant geographical patterns,
including those associated with different eras of
settlement and growth, particular transportation modes,
or distinctive examples of park or community planning;
or
4. It embodies elements of architectural design, detail,
materials, or craftsmanship that represent a
significant structural or architectural achievement or
innovation; or
5. It has a unique location or singular physical
characteristic or is a view or vista representing an
established and familiar visual feature of a
neighborhood, community or the City of Orange.
B. It is one of the few remaininq examples in the City, region,
state, or nation possessing distinguishing characteristics of an
architectural or historical type, or specimen; or
C. It is identified with persons or events significant in
local, state or national history; or
D. It is representative of the work of a notable builder,
designer or architect. (Ords. 12-95; 38-88)
17. 7.060 Develonment Standards. A historic district zone
includes additional regulations and uses over base zoning of a
particular area to encourage historic preservation and
comple:mentary new development. To promote orderly development
and preservation within historic districts the following
standards and their amendments shall apply: Old Towne Historic
Preservation Design Standards, The Southwest Project Area Design
Standards, the General Plan's Historic Preservation Element
sample guidelines
561 11/95)
ORANGE MUNICIPAL CODE
17. 17 . 060--17. 17.070
including the Secretary of the Interior's Standards and
Guidelines for Rehabilitation. (Ord. 12-95)
17 17 070 Use of State Historic Buildina Code._ Pursuant to
the California Health and Safety Code 18950 et. seq. , any
alteration made to a cultural resource or structure within a
historic district for the rehabilitation, preservation,
restoration or relocation of such structures shall be made
according to the requirements of the State historic Building
Code. (Ords. 12-95; 38-88)
11/95) 562
ORANGE MUNICIPAL CODE
17. 18--17. 18.020
CHAPTER 17.18
COMMERCIAL DZSTRICTS
ections:
1'7.18. 010 Purpose and Intent
1'7. 18. 020 Districts Established
1'1. 18. 030 Permitted Uses
1'7. 18. 040 Prohibited Uses
1'7. 18. 050 Non Conforming Uses ancl Developments in Commercial
Recreation (CR) District
1'7. 18. 060 Special Use Regulations
1'7. 18.070 Conditional Use Regulations
1'7. 18.080 outdoor Use Regulations
1'7. 18.090 General Provisions
1'7. 18.100 Building Lot Area Requirements
1'7. 18. 110 Building Intensity Requirement for Commercial
Recreation (CR) District
1'7. 18. 120 Building Height
1'7. 18 . 130 Yard Requirements
1'7. 18. 140 Fences and Walls
1'7. 18. 150 Off-Street Parking and Loading
1'7. 18.160 Landscaping
1'7. 18. 170 Signs
1'7. 18. 180 Screening of Mechanical Equipment
1'7. 18. 190 Trash Enclosures
1'7. 18.200 Undergrounding of Utilities
1'7. 18.210 Transportation Demand Management Program
1'7. 18.220 Old Towne
1'7. 18.230 Tustin Street Redevelopment Project Area
1'7. 18.240 Southwest RedevelopmenY. Project Area
1'7. 18.010 Purvose and Intent. This chapter establishes use
regulations and development standazds for the City's commercial
districts. Commercial districts are intended to provide suitable
locations for a wide variety of commercial enterprise, as well as
certain residential developments which benefit from locations
within or adjacent to commercial districts. (Ords. 12-95: Prior
Codes 17.40, 17.42, 17 .43, 17.44, :17.45)
17. 18.020 Districts Established. Seven commercial zone
districts are established as follows:
A. O:Efice Professional (OP) . This district permits single
f+3mily residences and professional offices. Limited retail
amd service commercial uses are permitted only when clearly
i ncidental to the permitted primary office use. Intended to
p:reserve historic structures by allowing their conversion to
o:Efice use, in areas which are transitioning from residential
563 4/96)
ORANGE MUNICIPAL CODE
17. 18. 020--17 .18. 030
to office uses, and to accommodate professional offices along
arterial streets, where more intensive commercial uses would
conflict with adjacent residential uses. (Ords. 12-95: Prior
Code 17. 38)
B. Commercial Professional (CP) . This district perntits lower
intensity office, general retail and service commercial
businesses. (Ords. 12-95: Prior Code 17 .40)
C. Limited Business (C1) . This district permits lower intensity
office, general retail and service commercial businesses.
Ords. 12-95: Prior Code 17.42)
D. Li ited Business - Tustin Redevelopment Project Area (C-TR) .
Thi.s district applies only to the Tustin Redevelopment
Prc ject Area and is designed to permit commercial uses
developed in a manner consistent with the goals and programs
of the redevelopment project. (Ords. 12-95: Prior Code
17 .43)
E. Ger eral Business (C2) . This district allows a broad range of
conunercial uses. (Ords. 12-95: Prior Code 17.44)
F. Commercial (C3) . This district provides an area where retail
sal.es and services along with related assembling, processing,
ancl manufacturing can be carried out. (Ords. 12-95: Prior
Code 17.45)
G. Commercial Recreation (CR) . This district is intended to
provide for commercial and office uses with a specific focus
upon entertainment and recreational uses, regional and
community-serving retail and service uses, and higher
intensity office developments. Thi.s district classification
was created for the Katella Avenue Corridor based upon its
status as a "Smart Street" and its proximity to the regional
serving stadium and arena in the adjoining City to the West.
Ord. 21-95)
1'7. 18 .030 Permitted Uses. Table 17. 18. 030 lists all uses
permitted (P) , permitted by conditional use permit (C) , permitted
as an accessory use (A) , and not permitted (-) in the commercial
zones. Permitted and accessory uses marked with an asterisk (*)
are subject to special use or development conditions outlined in
Section 17. 18. 050. Conditional uses marked with a plus (+) also
have special use or development standards as outlined in Section
17. 18.060. All uses are subject to compliance with the
development standards contained in this chapter and must comply
with parking standards contained in Chapter 17 .34 . (Ords. 12-95:
Prior Codes 17.40, 17 .42 , 17.43 , 17.44 , 17 . 45)
4/96) 564
ORANGE MUNICIPAL CODE
17. 18.030
TABLE 17. 18. 030
CObIMERCIAL USE REGULATIONS
USE OP CP/C CTR C2 C3 CR
1
RETAII SALES
Retail stores within a building, P P P P P*
exce t. as below
The fc llowing retail uses are
permit.ted/ conditionally permitted
onl as noted:
Cirive-in dair C+ C+ C+ C+ -
I,iquor store C+ C+ C+ C+ -
Fawnshop C+ C+ -
The following retail uses are
permit:ted in the OP District
provided they are integrated within
and cl.early incidental to a
professional or general office
develupment:
News a er and ma azine sho P P P P P P*
Pharmac 1' P P F P P*
Photoco centers P P P P P P*
F>rivate postal centers P P P P P P*
tandwich sho P P P P P P*
Regiorial-Serving Retail Uses such P P P P P
as: bulk merchandise, design show-
rooms & sales, furniture stores,
home i.mprovement & garden centers,
officE: & electrical equipment,
retai7. outlets, etc.
PERSONAL SERVICES
Appliance repair and service P P P P -
ortable a liances onl
Barbe-, beauty shop, manicure or P P P P P -
tattoo salon
Da care, child or elderly C P* P* P* P* -
Do and cat roomin P P P P -
D c]Leaners P P P P -
Fortunetelling C+ P*P* P* P* -
Laundromat P P P P -
Massa e arlor C -
Shoe repair P P P P -
Tailoring P P p P -
Veter:inary clinic, animal hospital P P P P -
boarding permitted only as part of
medical treatment)
565 4/96)
ORANGE MUNICIPAL CODE
17. 18. Q30
TABLE 17. 18. 030 (Continued)
USE OP CP C1 CTR C2 C3 CR '
OFFICE USES
General and Professional Offices P P P P P P
Medical Offices P p P p p -
FINANCIAL SERVICES
Banks and similar financial P P P P P P*
institutions
Stock or bond broker P P P P P P
AUTOMOBILE AND OTHER VEHICLE RELATED
USES
Automobile body shop
Automobile Rental Agency (with on-site - C C C C -
auto storage)
Automobile re air - ma 'or
Automobile repair - minor, on C+ C+ C+ C+ -
properties adjacent to residential
districts
Automobile repair - minor, on P* P* P* P* -
properties ot adjacent to residentia:l
districts
Automobile sales and related service C+ C+ C+ C+ P
activities
Autom.obile service stations P*/C+ P*/ P*/ P*/ -
C+ C+ C+
Boat sales and service C C P
Car w ash/auto dealing C C C C -
Motorcycle sales and service C C C C P
Parking garage A
Recreational Vehicle Storage A
Sale of service related to retail C C C C A*
merc andising of auto tires, batteries
and accessories
Truck: Repair (more than 1 ton
ca ac:ity)
Used car sales (with no service C C - _
facil.ities)
4/96) 566
ORANGE MUNICIPAL CODE
17. 18.030
TABLE 17. 18.030 (Continued)
USE OP CP C1 CTR C2 C3 CR
RESTAURANTS, BARS
Bars C+ C+ C+ C+
Restaurants w/o alcoholic beverage C P P P P P
sales
Restaurants w/alcoholic beverage C+ C+ C+ C+ C+
sales
Restaurants w/drive thru or take out C+ C+ C+ C+ P
window
Restaurants w/on-site brewing and C+ C+ C+ C+ C+
sale of beer
ENTERTAINMENT/COMMERCIAL RECREATION
USES
Amusement devices, including video A* A* A* A* P
games, pinball machines, pool tables
and similar devices three or fewer
Amusement devices, including video - C+ C+ C+ C+ P
games, pinball machines, pool
tables, and similar devices (4 or
more) , provided pool tables are an
accessor use
Billiard Parlor C+ C+ C+ C+
Commercial Recreation Facilit P
Commercial S orts Facilit P
Dance floor or hall as rimar use - C C C C P
Dance floor as accesso use C+ C+ C+ C+ P
Entertainment establishment C+ C+ C+ C+ P
Movie th.eaters, drive in C C P
Movie th.eaters, walk in P P P P P
Museum; art gallery P P P P P
Performa.nce theaters P P P P P
Roller/ice rink, skateboard park, C C C P
amusemen t park , miniature golf
course a.nd similar uses
Stadium; other arena P
RESIDEN'I'IAL USES
Bed and Breakfast inns C+ -
Caretake:r mobile homes A* A* A* A* A* -
Fraterni.ty, sorority C
Hotels a.nd motels C+ C+ C+ C+ -
Multi-Fa.mily Housing in conjunction C+ C+ C+ C+ C+ -
with a aiixed use develo ment
Rest hoaies, convalescent hospitals C C C C C
Senior Hlousing C+ C+ C+ C+ C+ -
Sin le F'amily Residences P
567 4/96)
ORANGE MUNICIPAL CODE
17. 18 .030
TABLE 17. 18.030 Continued
USE OP CP C1 CTR C2 C3 CR
MISCELLANEOUS USES
Adult Enterprise C+ -
Ambulance Service C C C C -
Bin o ames C+ C+ C+ C+ C+ C+
Cellular antennas, satellite dishes A* A* A* A* A*
Cemete (not including crematorium) C C C C -
Church C C C C C -
Collection facilities (rec clin C+ C+ C+ C+ -
Commercial Laundries P -
Communit center P P P P -
Convention center P
Conversion of a residential structure to P* P* P* P* P* P*
a non residential use
Creation of a lot w/o frontage on a P* P* P* P* P+ P*
ublic street
Health Clubs P P P P P
Heli orts or helistops C C C C C C
Hos itals C+ C+ C+ C+ C+ -
Hot Do Vendin Carts C+ C+ C+ C+ C+ -
Manufacturing, processing, assembling of - - P -
materials, and products in conjunction
with the retail sales and service or
office functions related to such products
Mixed use development C C C C C -
Mini-warehouse/self storage facility C C C C -
Movie Production Studios P
Moving an existing structure or building P* P* P* P* P* P*
onto a building site from another
location
Mortua not includin crematorium) C C C C C -
Nurseries for lants , Retails P P P P C
Private clubs and lod es C P P P P -
Public service or use C C C C C P
Recordin Studios P P
Reverse vendinq machines(recycling) P P P P -
inside a building
Reverse vending machines(recycling) C+ C+ C+ C+ -
outside a building
Sale of alcoholic beverages C+ C+ C+ C+ C+
Small buildings (200 sf or less) C+ C+ C+ C+ -
Trade School C C C C -
U holstery Shop P -
All other commercial uses not listed, but C C C C C C
which the Community Development Director
determines are similar in character to
any of the uses listed herein, may be
considered by the Planning Commission
4/96) 568
ORANGE MUNICIPAL CODE
17. 18. 030--17. 18.050
Key: P = Permitted Use
C = Conditional Use Permit required. Refer to
provisions in section 17. 08.020.
Not Permitted
A = Accessory Use
Permitted and accessory use subject to
special provisions contained in Section
17. 18. 050.
Conditional use subject to special provisions
contained in Section 17. 18. 060.
17. 18. 040 Prohibited Uses. Any use not listed in Table
17.18.030 as a permitted use, conditional use, or accessory use
is pr hibited. xowever, the Community Development Director shall
have the authority to determine if an unlisted use substantially
confo:rms to the intent of this chapter. , as provided for in
Secti n 17. 18. 020 of this Title. (Ords. 21-95; 12-95)
1". 18. 050 Non ConforminQ Uses and Developments in the
Comme:rcial Recreation (CR) District. The following provisions
apply exclusively to the Katella Avenue Corridor Rezone Area, and
super;sede the non conforming provisions contained in Orange
Municipal Code Chapter 17.38.
A. N n conforming use of a conforming or non conforming
devel opment.
1.. A legally established use which because of revisions or
changes to the zoning use provisions is no longer
permitted in a particular zone shall be considered a "non
conforming use" .
2.. A non conforming use shall be allowed to remain
indefinitely, and can be replaced by a similar non
conforming use provided the Community Development
Director finds that the proposed use is equally or more
appropriate than the existing non conforming use. The
Director's findings shall be based upon referencing the
use provisions contained in the M-1(Light Manufacturing)
and M-2 (Industrial) Districts. Manufacturing uses that
contain retail or office space consistinq of more than
25 of the gross floor area shall be determined as an
equally or more acceptable use, provided the uses
complies with the City's parking ordinance.
3 .. A non conforming use shall be allowed to expand within a
conforming or non conforming parcel. When the e cpansion
of a non conforming use requires an alteration of
buildings or site improvements, the buildinq addition,
569 4/96)
ORANGE MUNICIPAL CODE
17. 18. 050
additional structures or site improvements shall comply
with the requirements contained herein, and all
applicable requirements of the Orange Municipal Code.
B. Non Conforming Development containing a Conforming or Non
Conforming Use.
1. A legally constructed development which because of
revisions or changes to the zoning development standards
is no longer in compliance with the standards shall be
considered a "non conforming development" .
2. A non conforming development shall be allowed to remain
indefinitely.
3 . A non conforming development shall be allowed to be
routinely repaired to maintain public health, safety and
general welfare.
4. A non conforming development shall be allowed to expand
provided that the expansion complies with the
requirements contained herein, and all applicable
requirements of the Orange Municipal Code.
5. Those existing industrial developments within the Katella
Avenue Corridor project area that were established prior
to Zone Change 1177-95, and that choose to remain as a
non conforming development, shall be governed by the
M-1(Light Manufacturing) and M-2 (Industrial) provisions.
6. The transition from Industrial to Commercial Recreation
uses, and the conversion back to Industrial from
Commercial Recreation, may occur within existing
industrial developments within the Katella Avenue
Corridor project area provided that the uses comply with
the City's Parking Ordinance and that a portion of the
development remains industrial. Once more than 95
percent of the development has transitioned to Commercial
Recreation the development shall not be allowed to
convert back to Industrial.
C. Repair of Damaged or Destroyed Non Conforming Developments.
1. A non conforming development that is damaged or destroyed
shall be permitted to be repaired or reconstructed to the
condition which existed prior to the calamity, provided
the structure or building existed as a legally
established development.
4/96) 570
17. 18. 050--17.18.060
ORANGE MUNICIPAL CODE
2. Repair or reconstruction of a legally established non
conforming development shall not be limited to a specific
time constraint, and may occur within any number of years
after the damage or destruction, provided that public
health and safety issues are addressed.
D. Moving a Non Conforming Structure or Building. A non
confonning structure or building shall be allowed to be moved
providEad doing so will cause the structure or building to become
confonaing. (Ords. 21-95; 12-95: Pri.or Code 17.44. 030;
17.43 . 030; 17.88)
17 8 060 Snecial Use Reaulations. Permitted or accessory
uses m<irked with an asterisk (*) in Table 17. 18.030 are permitted
subjec to the following use regulations:
A. Amusement Devices/Video Games - As An Accessory Use.
1. No more than three video games, pinball machines, pool
tables, or similar amusement devices, shall be permitted
at any one business.
2. No external advertisinq of the games or machines shall be
allowed.
3 . All games and machines shall be located within a
completely enclosed buildinq and shall not be permitted
within an accessory building.
4 . All games and machines shall be located so as to be
visible at all times by one or more employees of the
business. (Ords. 12-95: Prior Code 17 .44. 040;
17.43. 030; 17.42 .040)
B. Automobile Repair, Minor. Genera automobile repair,
including mechanical repairs, oil change, smog inspection, stereo
installation, tune-ups, window tintingN or installation of tires,
batteries and accessories, is permitted when the use is conducted
entirely within a building on properties which are not adjacent
to residentially zoned properties. Properties are considered
adjacent when they share any portion of a common boundary, meet
at any point or are separated only by a private right of way, or
by a public right of way less than 36 feet in width. (Ords.
12-95: Prior Code 17.44. 030; 17.43 .030)
C. Automobile Service Stations. Service stations are a
permitted use, subject to compliance with the special regulations
contained in Section 17.30.060, and when both of the following
conditions exist:
571 4/96)
ORANGE MUNICIPAL CODE
17.18.060
1. The site is located at the intersection of two arterial
streets.
2 . All portions of the site are located at least 200 feet,
measured horizontally in a straight line in any
direction, from any property located in any "R"
residential district. (Ords. 12-95: Prior Code
17.43 . 150; 17.40. 030; 17.88)
D. Banks and Similar Financial Institutions in the Commercial
Recreation Zone. Such uses are permitted in the CR zone when
part of an integrated commercial development site, or as a
single tenant of a development site containing at least 2
acres. (Ord. 21-95)
E. Barber, Beauty, Manicure or Tattoo Salon. Such personal
services are a permitted use provided they are integrated
within and clearly incidental to a professional office
building. (Ords. 12-95; 9-94)
F. Caretaker's Residence. A mobile home as an accessory use for
thF purpose of providing residence for a caretaker, custodian
or guard where need has been established for 24 hour
suxveillance of premises. Such use requires minor site plan
rev iew approval by the Staff Review Committee as described in
Sec:tion 17. 10.060 of this Title. (Ord. 12-95)
G. Cel.lular Antennas and Satellite Dishes. All such uses shall
comply with the regulations outlined in Section 17. 12 .020 of
thi.s Title. (Ords. 12-95; 1-91: Prior Code 17.42 .030)
H. Coriversion of a residential structure to a non-residential
use. Such development requires minor site plan review
approval by the Staff Review Committee as described in
17. 10.060 of this Title. (Ords. 12-95: Prior Code
17. 42 .490)
I. Creation of a lot without frontage on a public street. Such
development requires minor site plan review approval by the
Staff Review Committee as described in 17. 10.060 of this
Tit:le. (Ords. 12-95: Prior Code 17.46. 140)
J. Da}i Care, Child or Elderly. Day care facilities provide non-
medical care, including personal services, supervision or
assistance with daily living activi.ties, and/or protection of
the individual, on less than a 24 hour per day basis. Such
fac:ilities shall be licensed by the State Department of
So<:ial Services, and shall comply with all applicable
lic:ensing requirements, including provision of both indoor
and outdoor recreation areas. (Ords. 12-95: Prior Code
17,. 10. 040)
4/96) 572
ORANGE MUNICIPAL CODE
17. 18.060--17.18.070
K. Fortunetelling. All fortunetelling businesses shall be
coriducted in compliance with Chapter 5.55 of the Orange
Muriicipal Code. (Ord. 12-95)
L. Mowing an existinq structure or building onto a building site
from another location. Such development requires minor site
plz n review approval by the Staff Review Committee as
desccribed in Section 17. 10. 060 of this Title. (Ord. 12-95)
M. Ret:ail uses in the Commercial Recreation(CR) Zone. General
and specialty retail uses are permitted in the CR zone when
pai-t of an integrated commercial development site, or as a
single tenant of a commercial development site containing at
lezist 2 acres. Existing industrial developments can not be
oc<:upied by such uses unless compliance with parking,
buiLlding code and other development standards are
demonstrated. (Ord. 21-95)
N. Re;staurants with drive through service in the Commercial
Rec;reation(CR) Zone. Such uses are. permitted in the CR zone
whEan part of an integrated commercial development site, and
sh<11 be subject to the development. guidelines listed in
17„ 18.070(M) . (Ord. 21-95)
O. Sa:Le of service related to the retail merchandisinq of auto
ti es batteries and accessories (automobile alarms, phone or
stEareo installation) in the Commercial Recreation (CR) zone.
Suc:h use are permitted when accessory to a community serving
reL-ail use. (Ord. 21-95)
17 , 18 070 Conditional Use Reaulations. A conditional use
permit (CUP) must be obtained pursuant to the regulations
outlined in Chapter 17 . 10 of this Title. Unless otherwise
stated, the Planning Commission shall determine such permits. In
addition, the following specific conditions shall be applied to
all uses marked with the C+ symbol in Table 17. 18.030, as
follows:
A. Adult Enterprise. Such establishments shall comply with
Section 17.30. 020 of this Title. All conditional use permits
fo:r the purpose of permitting adult enterprises shall require
is;suance by the City Council, upon recommendation by the
P1+3nning Commission. (Ords. 12-95r, Prior Code 17.44. 040,
05 D)
B. Am usement Devices (four or more) .
1. Because of the potential policing problems related to
such a use, a conditional use permit shall be issued only
573 4/96)
ORANGE MUNICIPAL CODE
17. 18.070
when a determination can be reasonably made that the use
is compatible with land use in the surrounding area.
2 . All video games, pinball machines, and the like shall be
located so as to be visible at all times by one or more
employees of the business.
3. The City may impose conditions 'limiting the hours of
operation.
4. The City may require that a private security guard be
provided.
5. The City may review interior and exterior lighting plans
to ensure adequate lighting is provided.
6. The City may periodically review the conditional use
permit to ensure that no increase in police services is
required. (Ords. 12-95: Prior Code 17.44.040)
C. Automobile Repair, Minor. General automobile repair,
including mechanical repairs, oil change, smog inspection,
stereo installation, tune-up, window tinting or installation
of tires, batteries and accessories, when the use is
coriducted entirely within a building, is permitted subject to
is uance of a CUP on properties whiah are adjacent to
residentially zoned properties. Properties are considered
adjacent when they share any portian of a common boundary,
meet at any point or are separated only by a private right of
way, or by a public right of way less than 36 feet in width.
Or.ds. 12-95: Prior Code 17.44. 030)
D. Automobile Service Stations. Servi.ce stations shall comply
with the special regulations contai.ned in Section 17.30. 060
of this Title.
1. A CUP shall be required, subject to approval of the
Planning Commission unless otherwise provided, when any
of the following apply:
a. Site is located at the inte:rsection of an arterial
and local street.
b. Any portion of the site is located less than 200
feet, as measured horizontally in a straight line in
any direction, from any property located in any "R"
residential district.
c. An application is made for any oriqinal off-sale beer
or beer and wine license in conjunction with the sale
of motor fuel, subject to recommendation by the
Planning Commission and final determination by the
City Council.
4/96) 574
ORANGE MUNICIPAL CODE
17. 18.070
2. Minor site plan review shall be required for the
following applications:
a. An application to reopen an idle service station. An
idle service station is defined as one which has not
been opened for business for. at least 90 eight hour
days, out of the previous 180 consecutive days. Said
minor site plan review shalk be subject to approval
by the Staff Review Committee, and shall be approved
only upon adherence to all development standards of
the base zone;
b. An application is made to convert any substantial
portion of an active or idle service station to
another use. Said minor site plan review shall be
subject to approval by the Staff Review Committee.
In the event that the service station use is to be
terminated, and the structure converted to another
use, the Staff Review Committee may require the
removal of pump islands, canopies, service bays,
signs and other indicia of service station
identification. In the event of a partial conversion
or addition of uses requiring a CUP, (such as
conversion or addition of floor area for a mini
market or car wash) , the reviewing body may require
such site plan alterations as improvements to access
and circulation. In all cases, development shall
comply with development standards of the base zone.
Ord. 12-95)
E. Aui:omobile Sales and Service. Must. be comprised of the
fo:Llowing components:
1. The indoor sales facility (showroom) shall contain a
minimum of 2,000 square feet of floor area.
2 . Repair and service facilities shall contain a minimum of
1, 600 square feet of floor area.
3 . All automobile repair and service work shall be conducted
within an enclosed building, or screened from view.
4 . A 15 foot landscaped setback shall be provided alonq any
property line adjoining any arterial street or any street
directly serving a residential neighborhood.
5. Public address syatems shall not be audible from any
exterior boundary of the sales and service site.
6. All exterior lightinq shall be designed and installed to
prevent direct glare from impacting adjoining properties.
All lighting plans shall be subject to City review and
approval. (Ords. 12-95: Prior Code 17-88)
575 4/96)
ORANGE MUNICIPAL CODE
17. 18 . 070
F. Bars. All bars shall comply with the alcoholic beverage
control provisions contained in Section 17.30. 030 of this
Tatle. (Ords. 12-95: Prior Codes 17.42 . 030, 040; 17.44 .030;
1'7.80. 020, 030)
G. Bed and Breakfast Inns.
1., An owner, manager, proprietor or caretaker of the
property must reside on the subject premises at all
times.
2 .. No cooking facilities shall be permitted in any guest
room.
3 .. Guest meals shall be served only to persons reqistered as
overnight guests.
4.. No guest shall be permitted to rent accommodations or
remain in occupancy for a period exceeding 14 days during
any 90 day period.
5.. The structure shall be reviewed by the Design Review
Board, in consultation with recognized architectural or
historical authorities, to determine whether the
structure is architecturally or historically significant.
Ords. 12-95: Prior Codes 17.76.040; 17.26. 040A;
17.32 . 040G)
x. B:illiard Parlors.
1 . Because of the potential policing problems related to
such a use, a conditional use permit shall be issued only
when a determination can be reasonably made that the use
is compatible with land use in the surrounding area.
2 . All pool tables and incidental video games, pinball
machines, and the like shall be located so as to be
visible at all times by one or more employees of the
business.
3 . The City may impose conditions limiting the hours of
operation.
4 . The City may require that a private security guard be
provided.
5. The City may review interior and exterior lighting plans
to ensure adequate lighting is provided.
4/96)576
ORANGE MUNICIPAL CODE
17. 18.070
6. The City may periodically review the conditional use
permit to ensure that no increase in police services is
required. (Ords. 12-95: Prior Codes 17.44.030; 17.42 .040)
I. Bingo Games.
1. Bingo games shall be conducted only within a recreation
or assembly hall, clubroom, church, or similar facility
designed for group activities.
2. All bingo games shall comply with the provisions of
Chapter 5.95 of the Orange Municipal Code.
3 . All conditional use permits for the purpose of
permitting bingo games shall require issuance by the City
Council, upon recommendation by the Planning Commission.
Ords. 12-95: Chapter 5.95)
J. Collection Facilities (including reverse vending machines) .
The establishment or expansion of a Collection Facility
including reverse vending machine(s) located outside a
structure) . Such conditional use permits are subject to
review and approval by the Zoning Administrator. A single
conditional use permit may be granted to allow more than one
reverse vending machine or small collection facility located
on different sites under the following conditions:
a) The operator of each of the proposed facilities is the
same;
b) The proposed facilities are determined to be similar in
nature, size and intensity oP activity; and
c) The applicable development standards set forth in this
section are met for each such proposed facility. (Ord.
7-89)
In reviewing a conditional use permit request, the following
development standards shall apply:
1. Reverse Vendinq Machine(s) .
a. Shall be established in conjunction with a
commercial use or community service facility which is
in compliance with the zoning, building and fire
codes;
b. Shall be located within 30 feet of the entrance to
the commercial structure and shall not obstruct
pedestrian or vehicular circulation;
c. Shall not occupy parking spaces required by the
primary use;
d. Shall occupy no more than 50 square feet of floor
space per installation, including any protective
enclosure, and shall be not more than eight feet in
height;
577 4/96)
ORANGE MUNICIPAL CODE
i. ia.a o
e. Shall be clearly marked to identify the type of
material to be deposited, operating instructions, and
the identity and phone number of the operator or
responsible person to call if the machine is
inoperative;
f. Shall have a sign area of a maximum of four square
feet per machine located on the machine, exclusive of
operating instructions;
g. Shall be maintained in a clean, litter-free
condition on a daily basis;
h. Operating hours shall be at least the operating
hours of the host use;
i. Shall be illuminated to ensure comfortable and
safe operation if operating hours are between dusk
and dawn. (Ord. 12-95; 7-89)
2 . Small Collection Facilities.
a. Shall be established in conjunction with an
existing commercial use or community service facility
which is in compliance with the zoning, building, and
fire codes;
b. Shall be no larger than 500 square feet and occupy
no more than five parking spaces not including space
that will be periodically needed for removal of
materials or exchange of containers;
c. Shall meet with the setback requirements of the
base zone;
d. Shall not obstruct pedestrian or vehicular
circulation;
e. Shall accept only glass, metals, plastic
containers, papers and reusable items; used motor oil
may not be included;
f. Shall use containers that are constructed and
maintained with durable waterproof and rustproof
material, covered when site is not attended, secured
from unauthorized entry or removal of material, and
shall be of a capacity sufficient to accommodate
materials collected and col:lection schedule;
g. Shall store all recyclable material in containers
or in the mobile unit vehicle, and shall not leave
materials outside of containers when attendant is not
present;
h. Shall be maintained free of litter and any other
undesirable materials, and mobile facilities at which
truck or containers are removed at the end of each
collection day shall be swept at the end of each
collection day;
i. Shall not exceed noise levels of 60 dBA as measured
at the property line of residentially zoned or
occupied property, otherwise shall not exceed 70 dBA;
4/96) 578
ORANGE MUNICIPAL CODE
17.18.070
j . Attended facilities located within l00 feet of a
property zoned or occupied for residential use shall
operate only during the hours between 9:00 a.m. and
7: 00 p.m. ;
k. Containers for the 24-hour donation of materials
shall be at least 30 feet from any property zoned or
occupied for residential use unless there is a
recognized service corridor and acoustical shielding
between the containers and the residential use;
1. Containers shall be clearly marked to identify the
type of materials which may be deposited; the
facility shall be clearly marked to identify the name
and telephone number of a facility operator and the
hours of operation, and display a notice stating that
no material shall be left outside the recycling
enclosure or containers;
m. Signs may be provided as follows:
i. Recycling facilities may have identification
signs with a maximum of 20 percent per side or 16
square feet, whichever is greater, in addition to
informational signs required in Section
17. 18.060.J.2 .1;
ii. Signs must be non-illuminated;
n. The facility shall not be located in any required
landscaping area;
o. No additional parking will be required;
p. Mobile recycling units sha1:1 have an area clearly
marked to prohibit other vehicular parking during
hours when the mobile unit is scheduled to be
present;
q. Occupation of parking spaces by the facility and
by the attendant may not reduce available parking
spaces below the minimum nwmber required for the
primary host use unless all of the following
conditions exist:
i. A parking study shows that existing parking
capacity is not already fully utilized during the
time the recycling faci ity will be on the site;
ii. A maximum reduction in available parking
space in an established parking facility may be
allowed as follows:
Number of
Available Parking Maximum
Spaces Reduction
1-25 0
26-35 2
36-49 3
50-99 4
100 and up 5
578-1 4/96)
ORANGE MUNICIPAL CODE
17. 18.070
A maximum reduction of five spaces will be allowed
when not in conflict with parking needs of the host use.
Ords. 12-95; 7-89)
3. Large Collection Facilities.
a. The facility shall be screened from the public
right-of-way by:
i. Operating in an enclosed building; or
ii. Within an area enclosed by an opaque fence or
wall a minimum six feet in height, and including
a landscaping planter a minimum three feet in
width and landscaping; or
iii. At least 150 feet from property zoned
residential;
b. The facility shall not be located in any of the
required landscaping for the host use;
c. The facility shall not be located in any of the
required setbacks of the base zone;
d. All exterior storage of material shall be in
sturdy containers which are covered, secured, and
maintained in good condition. Storage containers for
flammable material shall be constructed of
nonflammable material. No storage, excluding truck
trailers and overseas containers, will be visible
above the height of the fencing;
e. The site shall be maintained free of litter on a
daily basis;
f. Noise levels shall not exceed the levels
established by Chapter 8.24 of the Orange Municipal
Code;
g. If the facility is located within 500 feet of
property zoned residential, it shall not be in
operation between 7:00 p.m. and 7 :00 a.m.
h. Space will be provided on site for six vehicles to
circulate and to deposit recyclable materials;
i. Any containers provided for after hours donation
of recyclable materials shall meet the following:
i. Be located at least 50 feet from any
residential use;
ii. Be sturdy and rust prooE construction and
shall have sufficient capacity to accommodate
materials collected;
iii. Be secured from unauthorized entry or removal
of material;
iv. Be clearly marked to identify the type of
material that may be deposited;
v. Be clearly marked that no material is to be
left outside the containers.
4/96) 578-2
ORANGE MUNICIPAL CODE
17. 18.070
j . Facility will be clearly marked with the name and
phone number of the facility operator and the hours
of operation; identification and informational signs
will meet the standards of the zone;
k. Power driven processing, including aluminum foil
and can compacting, baling, plastic shredding, or
other light processing activities necessary for
efficient temporary storage and shipment of material
are permitted if noise and other conditions are met.
Ords. 12-95; 7-89)
K. Dance Floor As Accessory Use. A dance floor is considered
an accessory use and a conditional, use permit is required
only if any one of the following circumstances apply:
1.. Over 300 square feet of space is used as dance area; or
2 „ Over 15 percent of the public area of the building or
lot is used as dance area; or
3.. The dance area is within 500 feet of a residential
zone.
I:P none of these circumstances apply, no conditional use
permit shall be required for an accessory dance floor.
c)rds. 12-95; 21-79: Prior Code 17.42. 040; 17.44.020K)
L. D rive-in Dairy.
1 . The sale of alcoholic beverages shall not be permitted.
2 . No processing or bottling shall be conducted on the
premises. (Ords. 12-95: Prior Code 17.42.040)
M. D rive-thru Restaurants. The follawing guidelines shall be
u:aed for site development review af drive-through proposals:
1. Drive through lanes shall not obstruct the circulation
routes necessary for access to the property, parking
areas (including backup area of parking spaces) , and
pedestrian walkways.
2 . Pedestrian walkways shall be emphasized by enriched
paved or striping.
3 . Drive through lanes shall be a minimum of 12 feet in
width.
4 . Sufficient stacking area shall be provided behind the
menu board to accommodate a minimum of five vehicles.
578-3 4/96)
ORANGE MUNICIPAL CODE
i. ia.a o
5. Separate windows for different functions shall be
provided along the drive-through lane.
6. A minimum of two designated temporary parking spaces
shall be provided to accommodate patrons waiting for
orders that are not immediately ready for pickup.
7. A loading and unloading area shall be provided in
excess of the required parking spaces.
8. Location of the proposed drive-through shall be
approved by the City's Police Department in regard to
possible crime activity. (Ord. 12-95)
N. Ent.ertainment Establishment. The Police Department shall
review all applications for such establishments and shall
rec:ommend conditions as deemed appropriate. (Ords. 12-95:
Pri.or Code 17.42 .040)
O. Foz•tunetelling. All fortunetelling businesses shall be
coriducted in compliance with Chapter 5.55 of the Orange
Muriicipal Code. (Ords. 12-95: Prior Codes 17.42 .040)
P. xospitals. Hospitals and other health facilities as defined
in the Hospital Seismic Safety Act of 1983, California Health
ancl Safety Code Sections 15000 et seq. shall be permitted
suk ject to issuance of a conditional use permit by the City
Council, upon recommendation by the Planning Commission.
Or.ds. 12-95: Prior Code 17.42.030)
Q. Hot: Dog Vending Carts.
1. Written authorization of the property owner shall be
submitted to the City.
2 . Provisions shall be made to provide on-site restroom
facilities for the operator of the mobile food vending
cart.
3 . A hot dog vending cart shall be operated from an Office-
Professional, Commercial or Industrial zoned property
with the cart at a fixed location which must be at least
300 feet away from any public street or sidewalk and not
closer than 200 feet from any residentially zoned
property, church, school or park. Additionally, only one
such cart may operate from any property.
4. The area occupied by the cart and any condiment service
areas shall not exceed 5' x 8 ' .
4/96) 578-4
ORANGE MUNICIPAL CODE
17.18.070
5. No selling within a public street or sidewalk shall be
permitted.
6. Details of the proposal shall be submitted to the Orange
County Health Department who will generate a report to
the City relating to the acceptability of the proposal
and include desired conditions of approval, prior to
consideration of the conditional use permit by the City.
7 . An adequate means for litter disposal shall be provided.
8. The application shall include a dimensioned site plan
identifying the specific location on the property from
which food vending is to take place and a brief
description of the proposal, which shall include the
specification of items to be sald, hours of operation,
and plans for sanitary control.
9. Any signs shall be attached to the cart (i.e. no free-
standinq signs shall be permitted) and limited to a total
display area of 30 square feet.
l0. Commissary facilities must be located within the County
of Orange and proof of the issuance of a County of Orange
Health Department permit for such facility shall
accompany the application.
11. Proof of issuance of a County af Oranqe Health Department
permit authorizing operation of the mobile food vending
cart shall be provided to the City prior to final
approval of the proposed activity.
12 . Approval of the Design Review Board shall be received
prior to public hearing for the conditional use permit.
13. The applicant shall enter into an agreement with the City
acknowledging that the privilege to operate may be
revoked in the event of violati.on of the City regulations
or terms of this approval.
14. The Planning Commission shall conduct an annual review of
each approved Hot Dog Vending Cart to ensure compliance
with all conditions and regulations. (Ords. 12-95:
Prior Code 17.42.040)
R. Hotels and Motels.
1. For hotels and motels containing less than 50 quest
rooms, kitchenette units may be provided in up to 25
percent of the rooms.
578-5 4/96)
ORANGE MUNICIPAL CODE
17.18. 070
2 . For hotels and motels containing 50 or more guest rooms,
kitchenette units may be provided in up to 100 percent of
the rooms. (Ords. 12-95: Prior Code 17.42 . 040)
S. Liquor Stores. All liquor stores shall comply with the
alcoholic beverage control provisions contained in Section
17. 30.030 of this Title. (Ords. 12-95: Prior Code 17.42.040)
T. Mixed Use Development. Such development shall encompass two
or more different uses, such as but. not limited to
residential, office, manufacturing, retail, public or
entertainment. Various uses can be considered as part of a
mixed use development which would not otherwise be permitted
as a single use in the zone. (Ord. 12-95)
U. Pawnshop.
1. Because of the policing problems related to a pawnshop
use, a conditional use permit shall be issued only when a
determination can be made that the use is compatible with
existing businesses in the immediate area and nearby
residential neighborhoods.
2 . The use shall adhere to requirements established by the
Orange Police Department for the physical security of the
facility.
3. The City may review the conditional use permit
periodically to ensure compliance with the conditions
imposed and to ensure compliance with Section 5.58. 010
and 5.58. 120 of the Orange Municipal Code. (Ords. 12-95:
Prior Code 17.42. 040)
V. Restaurant with Alcohol. All restaurants serving alcohol
shall comply with the alcoholic beverage control provisions
contained in Section 17 . 30.030 of this Title. (Ords. 12-95:
Prior Code 17.42. 040)
W. Restaurants with On-Site Brewing and Sale of Beer. All
restaurants brewing and selling beer shall comply with the
Alcoholic Beverage Control Provisions contained in Section
17. 30.030 of this Title. (Ord. 12-95)
X. Sale of Alcoholic Beverages. A conditional use permit shall
be required for both on-sale and off-sale of alcoholic
beverages, in accordance with Sectlon 17. 30. 030 of this
Title. (Ords. 12-95: Prior Code :L7. 42 . 040)
Y. Se:nior Housing. Senior housing developments shall comply
with the provisions of Chapter 17. 14, Division VII (Sections
17. 14.270 -17. 14 .330) . (Ords. 12-95: Prior Code 17.42. 040)
4/96)578-6
ORANGE MUNICIPAL CODE
17. 18.070--17.18.080
Z. Sm ll Buildings. Any detached commercial building with a
gr oss floor area of approximately 200 square feet, unless
su ch building is either an accessory building to a permitted
us or is within a commercial mall accessible only to
pe 3estrian traffic. Such structures shall be designed and
lo oated in accordance with the following criteria:
1. Pedestrians or vehicles utilizing or waiting to utilize
the building shall not impede or endanger pedestrian or
vehicular traffic on public streets, or on the project
site itself.
2 . The structure shall not occupy required parking spaces
or required landscaping area.
3. There must be more than one vehicular access point from
the public street to the property, or properties served
by a single parking lot.
4. A small commercial building located on a developed parcel
must be architecturally compatible with the design of the
existing building(s) on site.
5. Landscaping shall be provided adjacent to building faces
not primarily used to service customers. Landscaped area
shall have the same width as the building and extend a
distance of at least five feet from the nearest building
face.
6. A telephone or other effective means of communication
must be provided for employees within the building, and
the building must contain one doorway and at least two
windows, all of which are manually operable.
7. Sanitary facilities must be made available to employees
occupying a small buildinq. Such facilities may be
provided by an adjacent commercial building, located
within 150' of the small building. Written consent must
be provided to the City, granting such use. (Ords. 12-95:
Prior Code 17 . )
17. 18. 080 outdoor Use Requlations. All uses shall be
conduc:ted entirely within a completely enclosed building, with
the fc>llowing exceptions:
A. Th,e dispensing of gasoline and related customer service at a
service station;
B. Seasonal Christmas tree and pumpkin sales;
578-7 4/96)
ORANGE MUNICIPAL CODE
17. 18.080--17. 18.090
C. Permitted agricultural uses;
D. Swimming pools;
E. Outdoor eating facilities in connection with permitted
restaurants;
F. Commercial nurseries, and lumber, building material, pottery
and ceramic yards; provided that the outdoor sales and
storage areas shall be surrounded by a view-obscuring wall,
fence or landscaping of minimum height six feet, except that
plant materials may be secured by a decorative, rather than
view obscuring fence. Material stared behind the screening
shall not be visible above the screening;
G. Automobile sales or leasing agencies;
H. Off-street parking and loading faci.lities;
I. Temporary outdoor displays, as described in Section
17..36. 150 of this Title; and
J. Other uses similar in character to those listed above, as
determined by the Community Development Director. (Ords.
12-95: Prior Code 17.42 .400)
17 . 18. 090 General Provisions.
A. Commercial Uses. All commercial uses and buildings shall
conform to the development standards outlined in this
division. The Commercial Recreation(CR) development
regulations state the general rules that shall be observed by
al:l development projects to provide for the continued orderly
development of the Katella Avenue Corridor area, and to
protect the public health, safety and welfare. It is
essential to the community's economic benefit and the
preservation of competitive business growth potential to
continue development in a quality manner. (Ords. 21-95;
12-95)
B. Residential Uses.
1. OP, CP, C1 and C-TR Zones. Senior housing in the CP,
C1 and C-TR zone districts shall comply with the
development standards applicable to the R-3 zone
district. Single-family uses in the OP zone shall comply
with development standards appl.icable to the R-1-6000
zone district.
4/96) 578-8
ORANGE MUNICIPAL CODE
17. 18. 090--17. 18. 100
2 . C2 and C3 Zones. Senior Aousinq in the C2 and C3 zone
districts shall comply with the development standards
applicable to the R-4 zone district. (Ords. 12-95:
Prior Code 17.35)
3 . CR Zone. Residential uses are prohibited in the
Commercial Recreation(CR) zone.
C. Mi:ed Use Developments. Any development combining commercial
an<i residential uses shall comply with the development
st indards of the base zone. Additional development standards
ma be required through the conditional use permit process.
O:rds. 21-95; 12-95)
17. 18. 100 Buildina Site Area Reauirements.
A. In the OP district a minimum lot size of 7, 000 square feet
and minimum lot width of 70 feet, measured at the front yard
se tback line, shall be required. (Ords. 21-95; 12-95)
B. In the CR district the size and shape of building site areas
shall be adequate to allow the full development of the
pr oposed Commercial Recreation use in a manner consistent
with the following concerns:
1. Adequate provision shall be made to promote safe and
orderly access and circulation of pedestrian and
vehicular traffic within the site and from public streets
and adjacent developments.
2 . Adequate provision shall be made for buildings to be
sited to allow for functional use of space between
structures, and to provide areas for parking, access and
landscaping.
3 . Adequate provision shall be made to ensure the
compatibility of the site development with surrounding
development in regard to size, scale, building and site
design, and limitation of overshadowing effects.
4 . Further, the proposed development shall not limit or
adversely affect the growth and development potential of
adjacent properties or the qeneral area in which the
proposed development shall be located. (Ords. 21-95;
12-95)
578-9 4/96)
ORANGE MUNICZPAL CODE
17. 18.110--17. 18.120
18 110 Commercial Recreation Development Intensitv
Requirements. Table 17.18.110 indicates the maximum development
intensity or FAR (floor area ratio) permitted. The FAR
calculation is the gross buildinq square footage divided by the
lot area. Building square footage shall include all structures
on a l t, including storage and accessory structures, unless
otherwise provided in this chapter. The use mixture and average
FAR provisions are used when estimating the amount of traffic
generated. (Ord. 21-95)
TABLE 17 . 18. 110
General Plan Area Max Use Mixture Avg
Land
Use/Zoning FAR FAR
Desi nation
Commercial Katella Avenue 0.5 Office (20) 0.4
Recreation between Commercial 0
CR) Glassell & Recreation (40)
Batavia Street Regional 0.2
Retail (40$) 50.
25
Commercial 57 Impact 1.5 Office (20) 1. 0
Recreation Area" Katella Commercial 0
CR) Avenue, west of Recreation (40) 0.3
Batavia Steet Regional Retail 0
40$)
0. 3
0
17. 18. 120 Buildina Height. Table 17.18. 120 indicates the
maximum permitted building height. Additional building height
may be considered by a conditional use permit before the Planning
Commission.
TABLE 17. 18. 120
Maximum Permitted Building Height (b)
Within 120 Feet of All Other
a Residential Locations
District
Zone Feet Stories Feet Stories
District
OP 32 2 30 2
CP 32 2 See note a below
C1 32 2 See note a below
C-TR 32 2 See note a below
C2 32 2 See note a below
C3 32 2 See note a below
CR 32 2 See note c) below
4/96) 578-10
ORANGE MUNICIPAL CODE
17 .20--17. 20.010
CHAPTER 17 .20
TNDUSTRIAL DISTRICTS
sections•
1'7.20.010 Purpose and Intent
17.20.020 Districts Established
17.20. 030 Permitted Uses
17.20.040 Prohibited Uses
17.20.050 Special Use Regulations
17.20.060 Conditional Use Regulations
17.20. 070 Outdoor Use Regulations
17 .20. 080 Building Height
17.20.090 Yard Requirements
17.20. 100 Fences and Walls
17.20. 110 Off-Street Parkinq and Loading Requirements
17.20.120 Landscaping Requirements
17.20. 13o Signs
1.'7.20.140 Screening of Mechanical Equipment
1.7.20. 150 Trash Enclosures
1.7 .20. 160 Underqrounding of Utilities
1.7.20. 170 Transportation Demand Management Program
7 .20. 180 Hazardous Waste Facilities
7.20. 190 Old Towne
7 .20.200 Redevelopment Project Areas
7.20.210 Generally
7.7.20. 220 Residential Mitiqatiorn
20.230 Fire and Explosion Hazards
7,7. 20. 240 Radioactivity or Electrical Disturbance
7 .20.250 Vibration
L7. 20.260 Smoke
L7 .20.270 Noise
L7. 20.280 Emission of Lighting, Glare, Dust and Heat
L7 .20.290 Emission of Odors and Gases
L7.20. 300 Hours of Operation
i7 20 0 0 Purpose and Intent. The industrial districts are
creat ad to allow development of the industrial base needed to
make ithe City a balanced community which provides for local
emplo ment opportunities for its residents. It is the intent of
this hapter to encourage industrial facilities and related uses,
while recognizing the potential for compatibility between uses
throu 3h appropriate development and parformance standards. Zt is
also the intent of this chapter to promote orderly growth and
devel opment through minimal performance standards, sustained
prope:rty values, protected public safety and health, and further
amenities in order to achieve an envi:ronment which is
commensurate with prolonqed future growth, development, and
economic stability. (Ords. 12-95: Prior Code 17. 48. 010)
578-11 11/95)
ORANGE MUNICIPAL CODE
17.20.020--17.20. 030
17. 20.020 Districts Established. Two industrial zones are
established as follows:
A. Light Industrial (M1) . The M1 district is intended to
retain, enhance, and intensify existinq, and provide for the
new development of, light industrial uses.
B. Industrial Manufacturing (M2) . The M2 district is intended
to provide for the continuation and development of heavy
manufacturing industries in locations where they are
compatible with and will not adversely impact adjacent land
uses. (Ord. 12-95)
17. 20.030 Permitted Uses. Table 17 .20. 030 lists all uses
permitted (P) , permitted by conditional use permit (C) , permitted
as an accessory use (A) , and not permitted (-) in the industrial
zones. Permitted and accessory uses marked with an asterisk (*)
are subject to special use or development conditions outlined in
Section 17.20. 050. Conditional uses marked with a plus (+) also
have special use or development standards as outlined in Section
17.20.060. All uses are subject to compliance with the
development standards contained in this chapter and must comply
with parking standards contained in Chapter 17 .34 . (Ords. 12-95:
Prior Code Chapters 17.46 and 17.48)
TABLE 17.20. 030
INDUSTRIAL USE REGULATIONS
USES M1 M2
AGRICULTURE
Agricultural crops P P
Feed supply P P
Greenhouse P P
Hatcheries P P
Kennels C+ C+
Nurseries (for plants) P P
Stables C C
ASSEMBLY
Automobile parts and supplies P P
Building components (windows, daors, P P
etc.
Electronlcs P P
Furniture P P
Mechanical P P
Sheet metal fabrication P P
11/95) 578-12
ORANGE MUNICIPAL CODE
17.20. 030
TABLE 17.20.030
INDUSTRIAL USE REGULATIONS Continued
17SES Ml M2
AUTOMOTIVE RELATED (See Also
Prans ortation And Public Utilities
Automobile alarm, phone or steren P P
installation
Auto body repair P P
Auto leasing and rental p p
Auto repair (mechanical) P P
Automobile sales and service C+ C+
Automobile wrecking, salvaqe and
storage
Boat sales and service C+ C+
Parking garage P p
Recreational vehicle sales and service C C
Service atations P* p*
Tire sales and installation P P
Truck wash A A
CHEMICAL PRODUCTION
Acetylene gas C+
Acid C+
Ammonia C+
Chlorine C+
Fert lizers C+
COMMERCIAL
Reta 1, comprising less than 258 of a A A
business
Inteqrated industrial or commerc:ial C+ C+
complex
Banks, within an integrated commercial C C
development
CONSTRUCTION MATERIALS (See Alsc
Mineral And Petroleum Products
Manufacture And Wholesale) _
Bindings; ro e and wire P p
Brick; ceramic tile recast concrete - P
Drop forge industries
Electrical parts and supplies P P
Explosives
Farming equipment P P
Glass P p
Hardware/Lumber p P
Plumbing parts and supplies P p
578-13 il/95)
ORANGE MUNICIPAI, CODE
17 .20. 030
TABLE 17.20. 030
INDUSTRIAL USE REGULATIONS Continued
USES M1 M2
EDUCATION
Business colleges; trade and technical C C
schools
Drivin school C C
Juvenile or adult education C C
ENTERTAINMENT
Auditorium C C
Commercial recreation C C
ance hall C C
rive-In theater C C
Skatin rink C C
Stad um; other arena C C
Theater C C
FOOD PRODUCTION
Alcohol distillation; brewery or C C
winer
Bottlin lant P P
Packaqing and processing P P
Pharmaceuticals P P
METALLURGY
Elast Furnace; coke oven C
Castin from refined materials P P
Smeltin C
Refininq raw materials (in copper, C
zinc or iron ores)
N.4INERAL PRODUCTS (Extraction,
Production Or Packaging)
Cement, lime, gypsum, or plaster C
k IISCELLANEOUS
Caretaker's residence including mobile P* P*
home
emetery; crematorium C C
hurch or religious assembly C C
onversion of a residential stru cture P* P*
to a non residential use
Creation of a lot without frontaye on P* P*
a public street
kIot dog vending cart C+ C+
Laboratory; research and development P P
11/9!i) 578-14
ORANGE MUNICIPAL CODE
17.20.030
TABLE 17 .20.030
INDUSTRIAL USE REGULATIONS Continued
175ES Ml M2
Moving an existing structure or P* p*
uilding onto a building site from
inother location
r ff-site hazardous waste facilit C+ C+
i utdoor uses within 300 feet of C+ C+
residential zones
DFFICE
Ambulance dis atch and service P p
Adm nistrative, comprisinq less than A A
25$ ross s . ft.
F nancial institutions, within an C C
inte rated commercial develo ment
Medical clinic P P
General and rofessional C C
PETROLEUM PRODUCTS (Extraction,
Manufacture And Refinery)
Asphalt
Gasoline and other fuels
Oil or natural c as extraction
Plastic fabrication or lamination p p
Rubber and its constituents p
Sales and supply (of fuels) P P
Tank storage p ..P
Tar distillation
PRINTING
Binde P P
Blueprintinq and photocopying P p
Newspapers p P
Printing plant P P
RECYCLING OR WASTE REDUCTION
Collection facility C+ P*
Hazardous waste facilit C+ C+
Process nq fac lity p
Refuse transfer C+
Rock crushing; treatment
RESTAURANTS
Restaurant with alcohol beverage sales C+ C+
Restaurant without alcohol beverage C C
sales
578-15 11/95)
ORANGE MUNICIPAL CODE
17.20.030
TABLE 17.20.030
INDUSTRIAL USE REGULATIONS Continued
USES M1 M2
Drive-through restaurants, within an C+ C+
integrated industrial or commerc.ial
com lex
Restaurant with on-site brewing and C+ C+
sale of beer
SERVICE AND REPAIR
Appliance, equipment or furniture P P
repair
Blacksmith P P
Dr cleanin lant P P
E ment rental P P
Janitorial supplies and service P P
Commercial laundry P P
Photographic processing P P
Upholstery P P
Welding P P
STORAGE
Cold or frozen goods P P
Contractor's ards P P
Min -warehouse P P
Outdoor storage A* A*
Warehouse P P
TRANSPORTATION AND PUBLIC UTILITIES
Airports or landing fields C C
Cellular antennas, Satellite Dishes A* A*
Fire stations P P
Heliports and helistops C C
Overnight truck trailer stop C C
Public utilities installation or P P
substation
Public scales P P
Truck terminals C C
Key: P = Permitted Use
C = Conditional Use Permit Required. Refer to
provisions in Section 17. 08.020.
A = Accessory Use
Use subject to special provisions contained
in Section 17.20.050.
Use subject to additional special conditions
in Section 17.20. 060.
11/95) 578-16
ORANGE MUNICIPAL CODE
17 .20.040--17.20. 050
17 20 040 Prohibited Uses. Any se not listed in Table
17 .20.030 as a permitted use, conditional use, or accessory use
is prohibited. However, the Community Development Director shall
have t.he authority to determine if an unlisted use substantially
conforms to the intent of this chapter, as provided for in
Sectia n 17.20.020 of this Title. (Ords. 12-95: Prior Code
17 .48. 070)
37 20 050 Snecial Use Reaulations. Permitted and accessory
uses aiarked with an asterisk (*) in Table 17.20. 030 are permitted
subjec:t to the following use regulations.
A. C:aretaker's Residence. A mobile home as an accessory use
f.'or the purpose of providing residence for a caretaker,
c:ustodian, or guard where need has been established for
t:wenty four hour surveillance of premises. Such use
i-equires minor site plan review approval by the Staff Review
C:ommittee as described in Section 17. 10.060 of this Title.
I;Ords. 12-95: Prior Code 17.46. 40.K)
B. c;ellular Antennas and Satellite Dishes. All such uses shall
c;omply with the requlations outlined in Section 17 . 12.020 of
Lhis Title. (Ords. 12-95: Prior. Code 17.46.030.F)
C. c.ollection Facility. All such uses ahall comply with the
egulations outlinad in Section 7. 18.060.J. (Ords. 12-95:
rior Code 17 .46. 040.M)
D. Construction Materials Storage Yard. All such uses shall
romply with the outdoor use requlatione outlined in Section
17.20.070. (Ords. 12-95: Prior Code 17 .46.040.7)
E. Conversion of a Residential Str.ucture to a Non-Residential
Jse. Such development requires minor site plan review
3pproval by the Staff Review Committee as described in
Section 17 . 10.060 of this Title. (Ord. 12-95)
F. Creation of a lot without frontage on a public street. Such
development requires minor site plan review approval by the
Staff Review Committee as descri:bed in Section 17. 10.060 of
this Title. (Ord. 12-95)
G. Moving an existing structure or building onto a building
site from any other location. Such project requires site
plan review approval by the Staff Review Committee as
described in Section 17. 10.060 of this Title. (Ord. 12-95)
578-17 11/95)
ORANGE MUNICIPA$, CODE
17.20.050--17. 20.060
H. Outdoor Storage. All such uses shall comply with the
outdoor use regulations outlined in Section 17.20.070.
Ords. 12-95: Prior Code 17.46.030. 25)
I. Service Stations. All automobile service stations shall
comply with the special requlations contained in Section
17. 30. 060 of this Title. (Ord. :12-95)
17. 20.060 Conditional Use Requlations. Conditional uses
marked with a plus (+) in Table 17. 20.030 are permitted subject
to the followinq criteria:
A. Automobile Sales and Service. Must be comprised of the
followinq components:
1. The indoor sales facility (showroom) shall contain a
minimum of 2,000 square feet of floor area.
2. Repair and service facilities shall contain a minimum
of 1,600 square feet of floor area.
3. All automobile repair and service work shall be
conducted within an enclosed building, or screened from
view.
4. A 15 foot landscaped setback shall be provided along
any property line adjoining any arterial street or any
street directly servinq a residential neiqhborhood.
5. Public address systems shall not be audible from any
exterior boundary of the sales and service site.
6. All exterior lighting shall be designed and installed
to prevent direct glare from impactinq adjoininq
properties. All lighting plans shall be subject to
City review and approval. (Ords. 12-95: Prior Code
17. 46. 040.E)
B. Hoat Sales and Service. All boat sales and service
facilities are subject to the followinq standards:
1. outdoor display areas situated within l00 feet of any
street or highway shall be landscaped, and an adequate
system for irriqation or sprinklinq of plants shall be
provided. A detailed landscape plan shall accompany
development plans submitted with the application for a
conditional use permit.
11/95) 578-18
ORANGE MUNICIPAL CODE
17.20.060
t . Public address systems shall not be audible from the
exterior boundaries of the developed site.
3 . All exterior lightinq shall be designed to prevent
direct glare on adjoining properties and all liqhting
details shall be submitted for approval. (Ords. 12-95:
Prior Code 17.46. O10.I)
C. Collection Facility. All such uses shall comply with the
regulations outlined in Section 17.18.060.J. (Ords. 12-95:
Prior Code 17 .46. 040.M)
D. Drive-thru Restaurants. Drive-thru restaurante may only be
developed within an integrated industrial or commercial
complex. The following guidelines shall be used for site
development review of drive-through proposals:
1. Drive throuqh lanes shall not obatruct the circulation
routes necessary for access to the property, parking
areas (including backup area of parking spaces) , and
pedestrian walkways.
2. Pedestrian walkways shall be emphasized by enriched
paved or striping.
3. Drive through lanes shall be a minimum of 12 feet in
width.
4. Sufficient stacking area shall be provided behind the
menu board to accommodate a minimum of five vehicles.
5. Separate windows for different functions shall be
provided along the drive-th.rough lane.
6. A minimum of two desiqnated temporary parkinq spaces
shall be provided to accommodate patrons waiting for
orders that are not immediately ready for pickup.
7 . A loading and unloading area shall be provided in
excess of the required parking spaces.
8. Location of the proposed dr.ive-through shall be
approved by the City's Police Department in regard to
possible crime activity. I;Ords. 12-95: Prior Code
17 .46.040.C)
E. Hazardous Waste Facilities. Al]L such facilities shall
comply with the hazardous waste controls as described in
Chapter 17.42 . (Ords. 12-95; Prior Code 17. 100)
578-19 11/95)
ORANGE MUNICIPAL CODE
17 .20. 060
F. Hot Dog Vendinq Carts.
1. Written authorization of the property owner shall be
submitted to the City.
2 . Provisions shall be made to provide on-site restroom
facilities for the operator of the mobile food vending
3 . A hot dog vending cart shall be operated from an
Office-Professional, Commercial or Industrial zoned
property with the cart at a fixed location which must
be at least 300 feet away from any public street or
sidewalk and not closer than 200 feet from any
residentially zoned property, church, school or park.
Additionally, only one such cart may operate from any
property.
4. The area occupied by the cart and any condiment service
areas shall not exceed 5' x 8 ' .
5. No sellinq within a public street or sidewalk shall be
permitted.
6. Details of the proposal shall be submitted to the
Orange County Health Department who will generate a
report to the City relating to the acceptability of the
proposal and include desired conditions of approval,
prior to consideration of the conditional use permit by
the City.
7. An adequate means for litter disposal shall be
provided.
S. The application shall include a dimensioned site plan
identifying the specific location on the property from
which food vending is to take place and a brief
description of the proposal, which shall include the
specification of items to be sold, hours of operation,
and plans for sanitary cont.rol.
9. Any siqns shall be attached. to the cart (i.e. no free-
standinq signs shall be peY mitted) and limited to a
total display area of 30 sc uare feet.
l0. Commissary facilities must be located within the County
of Orange and proof of the issuance of a County of
Orange Health Department permit for such facility shall
accompany the application.
11/5 5) 578-20
ORANGE MUNICIPAL CODE
17.20.060
11. Proof of issuance of a County of Orange Health
Department permit authorizinq operation of the mobile
food vending cart shall be provided to the City prior
to final approval of the proposed activity.
2 . Approval of the Design Review Board shall be received
prior to public hearing for the conditional use permit.
13 . The applicant shall enter into an aqreement with the
City acknowledging that the privilege to operate may be
revoked in the event of violation of the City
requlations or terms of thi approval.
7.4. The Planning Commission sha].1 conduct an annual review
of each approved Hot Dog Vending Cart to ensure
compliance with all conditiana and regulations. (Ords.
12-95; 22-92: Prior Code 17'.46.040.P)
G. 7Cntegrated Industrial or Commercial Complex. A development
i:hat contains interdependent or service related uses
includinq, but not limited to banks, dry cleaners, post
ffices, motels, and restaurants (with or without drive-
i:hrough service) . (Ords. 12-95: Prior Code 17. 46. 040.F)
H. ]cennels. All kennels shall comp3y with the special
cegulations outlined in Section 17.30. 050 of this Title.
Ords. 12-95: Prior Code 17.46.040.B)
I. Jutdoor Use. Any industrial production, processing,
leaning, testinq, repair, storage, or similar activities,
shall require a conditional use permit when conducted within
300 feet of any residential district. The screening
requirements contained in Section 17 .20.070 shall apply to
all outdoor uses. (Ords. 12-95; 20-82 ; 58-76; 40-72 : Prior
Code 17.46.040.L; 17. 52 .020)
J. Manufacture of Chemicals. Chemical products shall not be
manufactured within 300 feet of any residential property.
Ords. 12-95; 20-82; 58-76: Prior Code 17.48.070; 17.54 .030)
K. Restaurant with Alcohol. All restaurants serving alcohol
shall comply with the alcoholic beverage control provisions
contained in Section 17.30. 030 of this Title. (Ords. 12-95:
Prior Code 17.46. 040.C)
L. Restaurants with On-Site Brewinq and Sale of Beer. All
restaurants with on-site brewing and sale of beer shall
comply with the Alcoholic Beverage Control provisions
contained in Section 17. 30.030 af this Title. (Ord. 12-95)
578-21 11/95)
ORANGE MUNICIPAL CODE
17. 20.070--17 .20.090
17.20.070 Outdoor Use Regulations.
A. Any permitted outdoor use, with t e exception of customer and
employee automobile parking lots, shall be completely
enclosed to the satisfaction of the Community Development
Director, by a solid wall, fence or landscaping not less than
six feet in height.
B. A11 areas used for outdoor storage must be screened with a
view obscuring fence, wall or landscaping of a height equal
to or higher than the heiqht of any storage container or
stored materials, whichever is hiqher.
C. Any fence, wall or screening shall be erected or maintained
within the required setback limitations. (Ords. 12-95; 20-
82; 40-72: Prior Codes 17.46.210.D, 17. 52 .090)
17.20. 080 Building Heiaht. Table 17.20.080 indicates the
maximum permitted building height.
TABLE 17.20.080
MAXIMUM PERMITTED BUILDING HEIGHT (b)
Zone Within 50 Feet Of A All Other
District Residential District Locations
M-1 20 feet 45 feet a
M-2 20 feet 45 feet a
NOTES: a) Building height. may exceed 45 feet provided
the buildinq is setbaak from the nearest property
line a distance equal to the height of the
building.
b) Additional building height may be permitted
subject to a conditional use permit. (Ords. 12-
95; 40-72: Prior Codes 17. 46. 110; 17 .52 .030)
17.20.090 Yard Reguirements. Table 17. 20. 090 indicates the -
requi.rad minimum yard areas. Required yard areas shall be
lande caped and adequately maintained, and parkinq spaces may not
encrc ach within setback areas.
11/45) 578-22
ORANGE MUNICIPAL CODE
17.20.090--17.20.110
TABLE 17.20.090
DEVELOPMENT SETBACKS
Exterior Interior
Front, Side, & Rear Yards (a)Side & Rear
Yards
When adjacent When adjacent When adjacent When adjacent to
2one to or across to an to a local a eeparate parcel
Dietrict an allay from arterial treet
a Reeidantial etreet
Zone
M-1 20 feet 2o feet 10 feet 0 feet
M-2 20 feet 20 feet 10 feet 0 feet
NOTES:
a) All buildings located within the Old Towne Residential
uadrants shall have a minimum front yard setback of 20
eet. (Ords. 12-95; 20-82; 40-72; 20-62: Prior Codes
7.46. 140, 150, 160; 17.52.040, G50, 060)
o ioo Fences and Walls.
A. I)ivision Wall Required. A masonr.y division wall shall be
c:onstructed on all property lines adjacent to any
residential district. The divisxon wall shall be at least
aix feet in height, except in a r.equired front yard and in a
cequired exterior side yard for a corner, reverse corner or
cey lot, where the wall shall be limited to 42 inches in
lieight.
B. ther Fences and Walls. Fences and walls are permitted in
3ny yard area subject to the fol:Lowinq heiqht regulations:
1. Front Yard - In the required front yard area, the
height shall be limited to 42 inches.
2. Side Yard - In required side yard area, where adjacent
to a public street, the height shall be limited to 42
inches.
3. All Other Areas - In all other areas, fences and walls
may exceed six feet in height provided a building
permit ie obtained prior to the construction of the
fence or wall. (Ords. 12-95; 20-82; 40-72: Prior Codes
17.46.210.A, B, C; 17. 52 .090)
0 Off-Street Parkina and Loadina Reauirements.
Off-street parking and loadinq shall be provided as required in
Chapter 17.34 of this Title. (Ords. 12-95; 40-72: Prior Code
17 .46 .220)
578-23 11/95)
ORANGE MUNICIPAL CODE
17.20. 120--17.20. 170
17.20. 120 Landscaping Recruirements. Landscaping shall be
provided as specified in Orange Municipal Code Chapter 16.50
Landscape Standards and Specifications) . (Ords. 12-95; 20-82;
40-72: Prior Codes 17 .46.240; 17.52 .070)
17. 20. 130 Signs. All signs shall comply with the
requirements outlined in Chapter 17. 36 of this Title. (Ords.
12-95; 7-89: Prior Code 17.46.040.N(11) ; 17.78)
17. 20. 140 Screenina of Mechanical E uioment.
A. Shielded from View. All mechanical and air conditioning
equipment shall be shielded and screened from view from
adjacent streets and properties. The screening shall be
architecturally inteqrated with the building. Ground-
mounted equipment screening shal:l consist of a solid wall,
solid fence, or sufficient landscaping. Otherwise, such
equipment shall be enclosed in a building.
B. Sound Buffered. All mechanical equipment shall be baffled
for sound as required by Chapter 8.24 of the Municipal Code.
C. Setback Required. Mechanical Equipment ahall not be located
in required yards, or other setback areas. (Ord. 12-95)
17 .20. 150 Trash Enclosures. All developments shall be
provided with trash collection areas adequately and conveniently
placed throughout the development. T.rash collection areas shall
be screened from view on three sides ;by a six foot high wall. A
visually opaque, self-latchinq qate shall be provided. (Ords.
12-95: Prior Code 17. 46.500; 17.48. 5 O.F; 17.74 . 110)
17.20. 160 Undergrounding of Utilities. The installation of
utility lines shall comply with Secti n 12 .44 .010 of the Orange
Municipal Code. (Ord. 12-95)
17.20. 170 Transuortation Demand Manaaement Program. New
industrial developments and redevelopment resultinq in a job site
employment of 100 persons or more are required to prepare a
Transportation Demand Manaqement Program" , in accordance with
Chapter 17 .40. (Ords. 12-95; 13-91: Prior Code Chapter 17 .77)
11/95) 578-24
ORANGE MUNICIPAL CODE
17.20. 180--17.20.240
7 20 180 Hazardous Waste Facilities. Uniform standards,
land use regulations and a permit process for controllinq the
location, design, maintenance and safety of hazardous waste
facilities, are established in Chapter 17.42 of this Title.
Ords. 12-95; 16-92 : Prior Code Chapter 17 . 100)
an_ a0 Old Towne. Developments within Old Towne shall
conform to the Historic Preservation Design Standards for Old
Town Oranqe. Refer to Section 17. 17. 0:30 for delineation of the
limits of Old Towne. (Ords. 12-95; 38-88: Prior Code Chapter
17.70)
7 20 200 Redevelooment Proiect Areas. All developments
within any desiqnated redevelopment pro7ect area of the City
shall comply with the standards set forth in applicable
Redevelopment Area Plan. (Ords. 12-95; 36-88: Prior Code
Chapter 17. 69)
7 20 210 Generallv. All uses shall comply with the
limita.tione or performance standards set forth in Sections
17 .20.220 through 17 .20. 300. (Ords. 12-95; 20-82; 58-76; 40-72:
Prior Codes 17.46.260 through 17.46. 340)
7 20 220 R2SldPntia7 x,_tiaation. Any use which is
initia lly determined by the Community Development Director to
have zi deleterious impact upon an adjacent residential
neighk>orhood includinq but not limited to escape of dangerous
gases, chemical or explosive hazards, vibration, dust, noise,
heat, smoke or glare, shall maintain a minimum 300 foot setback
from t:hose residential properties. (Ord. 12-95)
7L7 20 230 Fire and E tplosion Hazards. All storage
activ'.Ltiea involving flammable and explosive materials ahall be
provicied with adequate safety devices aqainst the hazard of fire
and explosion and adequate fire-fightfng and fire-suppression
equipment and devices standard in industry. Such storaqe shall
be limited to reasonable quantities incidental to the operation
of an otherwise permitted use only, Any and all incineration is
prohil ited. (Ords. 12-95; 40-72: Prior Code 17 .46.270; 17. 2 . 120)
7 20 240 Radioactivitv or Electrical Disturbance Devices
which radiate electromaqnetic and rad:io frequency interference
EMI/]RFI) shall be operated as not to cause interference with any
activity carried on beyond the boundary line of the property on
which the device is located. The range of such EMZ/RFI
frequencies are from 30 kilohertz to 300,000 meqahertz. (Ords.
12-95; 20-82; 40-72: Prior Code 17.46.280)
578-25 11/95)
ORANGE MUNICIPAL CODE
17.20.250--17 .20.290
17.20.250 Vibration. Every use shall be operated in a
manner so that the ground vibration inherently and recurrently
generated is not tactually perceptible at any point for any
durat,ion or intermittent periods of time, on any boundary line of
the lot on which the use is located. (Ords. 12-95; 40-72: Prior
Codes 17.46.290; 17.52. 140)
17.20. 260 Smoke. Smoke emission shall be controlled in
accordance with standards and regulations established by the
South Coast Air Quality Management District. (Ords. 12-95;
40-72 : Prior Code 17.46.300)
17.20.270 Noise. All uses shall comply with the noise
regulations set forth in Chapter 8.24 of the Municipal Code.
Ord. 12-95)
17. 20.280 Emission of Liqhtina, Glare, Dust and Heat.
Every use shall be operated in a manner to prevent dust, heat or
glare. emissions in such quantities or deqrees as to be readily
detec.table on any boundary line of the lot on which the use is
located. Glare from exterior lighting, arc welding, acetylene
torch. cutting or similar sources shall be shielded, screened or
orien.ted so as not to be seen from any point beyond the exterior
boundaries of the property and so the source shall not be a
nuisance to any point beyond the exterior boundaries of the
prope:rty or cause illumination in residential districts in excess
of 0.5 footcandles. Flickering or intrinsically bright sources of
illum ination shall be controlled so as not to be a nuisance in
resid.ential districts. Illumination levels shall be measured
with a photoelectric photometer having a spectral response
similar to that of the human eye, following the spectral luminous
efficiency curve as adopted by the International Commission on
Illum ination. (Ords. 12-95; 58-76; 40-72: Prior Code 17.46.320)
17.20.290 Emission of Odors and Gases.
A. Odor. The emission of obnoxious odors of any kind shall not -
be permitted.
B. Gas. No gas shall be emitted which is injurious to the
public health, safety or general welfare. (Ord. 12-95)
11/95) 578-26
ORANGE MUNICIPAL CODE
17.20. 300
7 20 300 Aours of Ooeration. With the exception of office
and security activities, any industrial production, processing,
cleaning, testing or repair, outdoor activities, within 300 feet
of any residential zone shall be limited to the hours of 7: 00
a.m. to 10: 0o p.m. The Planning Commission may approve
additional hours by conditional use permit when the Commission
finds that such hours will not generate additional disturbance or
that m itigation measures will insure compatibility with nearby
reside,ntial districts. (Ords. 12-95; 58-76; 40-72 : Prior Codes
17.46.340; 17. 52 . 190)
578-27 11/95)
ORANGE MUNICIPAL CODE
17.22•--17.22. 020
CHAPTER 17. 22
nrumtTr mrmar. AND OPEN SPACE DISTRICT&
ecti<ns•
li'.22 .010 Purpose and Intent
li'.22 . 020 Districts Established
li' .22 . 030 Uses Permitted
17.22 . 040 Prohibited Uses
17.22 .050 Special Use Regulations
1;. 22 . 060 Conditional Use Requlations
1;.22 . 070 Building Lot Area Requirement
17 .22.080 Building Height
1;.22.090 Yard Requirements
1;r,22 . 100 Parking
1; .22. 110 Landscaping
1'I.22 . 120 Signs
22 O10 Purnose and Intent. The purpose of this chapter
is to create and preserve areas of the City for agricultural
produ ction, for passive and active open space uses, and for the
protection of natural resources. Furthermore, this chapter
identifies areas that could be hazardous because of geoloqic
conditions. (Ords. 12-95; 40-74: Prior Code 17 .08.010)
n n niatrintn Fstablished Three agricultural/open
space districts are established by this chapter as follows:
A. A ricultural (A1) . This district allows for a variety of
aqricultural uses, as well as low intensity recreational and
o pen space uses. (Ords. 12-95; 40-74 : Prior Code Chapter
1'7. 08)
B. R ecreational Open Space (RO) . The purpose of this district
i;s to protect properties from hazards such as flooding and
l andsliding, to protect natural resources and scenic features
f or public enjoyment and use, and to set aside areas of the
City for active and passive recreational use, consistent with
General Plan policy. (Ords. 12-95: Prior Code Chapter 17 .52)
C. Slope Hazard (SH) . This district is intended to protect
properties from naturally occurrinq hazards such as
landsliding, faulting, erosion, and other earth movement.
Toward this end, no structures are permitted within this
district except public utility buildinqs and structures
subject to approval of a conditional use permit as identified
in Table 17 .22. 030. (Ords. 12-95: Prior Code Chapter 17 .56)
11/5i5) 578-28
ORANGE MUNICIPAL CODE
17.22 .030
17 .22. 030 Uses Permitted. Table 17.22. 030 indicates all
uses permitted (P) , permitted by conditional use permit (C) ,
permi.tted as an accessory use (A) , and not permitted (-) in the
agriaultural/open space zones. Permitted uses marked with an
astez isk (*) are subject to special use or development conditions
outli.ned in Section 17.22 . 050. Conditional uses marked with a
plus (+) also have special use or development standards as
outli.ned in Section 17.22 . 060. (Ords. 12-95; 40-74: Prior Code
17 .08 .030)
TABLE 17.22 .030
AGRICULTURAL AND OPEN SPACE USE REGULATIONS
USE A1 RO SH
AGRICULTURE
Animal Rais ng - Large Animals P* -
Animal Raising - Small Animals P* C+ -
Animal Raising and Keepinq in excess of C+ -
specified limits
Animal Raisinq - Wild Animals
A iar P* -
Dairy, commercial C
Egg ranch and farm, commercial C
Hoq and livestock feedinq ranch (not C
including feedinq of garbage or offal
Hog and livestock feeding ranch
including feedinq of garbage or offal
Horticulture P P P
Manure stockpiling or processing,
commercial
Packing plant for whole agricultural C
roducts
Ranches operating for disposal of.
arba e, sewa e, rubbish or offal
Row crops P P
Sale of aqricultural goods grown on- P* P* -
site
Tree crops and orchards P P P
RECREATION
Amusement Park C
Archery Range C C
Boat nq C C
Country clubs, golf courses, tennis C C
clubs and the like
Fieh nq pond or stream P P
Parka and athletic fields public and P C
private
578-29 11/95)
ORANGE MUNICIPAL CODE
17.22 .030--17.22. 040
TABLE 17.22.030
AGRICULTURAL AND OPEN SPACE USE REGULATIONS(contd)
iJSES A1 RO SH
i:one District
Ftidinq and hiking trails P P
Stable, commercial C C
Stadiums and grandstands C C
RESIDENTIAL
uingle-family residence P
c:aretaker's mobile home A* A* -
Guest house A
ANSTITUTIONAL
hurches, temples and similar places of C
worshi
Lducat onal facilities C C
Hosp tals, medical clinics, mental and C
liealth sanitariums
Museuma and libraries C C
MISCELLANEOUS
remeteries C C
iCennel, commercial C+ -
i bservatory C C
1Public utilit buildin s and structures C C C
Veter nary clinics and livestock animal C C
lhospitals
Zoo C C
Key: P = Permitted
C = Conditional Use Permit required. Refer to
provisions in Section 17 . 10. 030
Not Permitted
A = Accessory Use
Permitted or accessory use subject to special
regulations contained in Section 17.22.050.
Conditional use subject to special
requlations contained in Section 17.22.060
940 Prohibited Uses. Any use not specifically listed
in Table 17 .22.030 as a permitted use, conditional use, or
accessory use is prohibited. However, the Community Development
Direc.tor shall have the authority to determine that an unlisted
use i.s similar to a use listed in 17 .22 . 030 and subject to all
appli.cations and conditions specified.. (Ords. 12-95; 40-74:
Prioz• Code 17.08. 070)
11 g 5 578-30
ORANGE MUNICIPAL CODE
17.22 . 050
7.22. 050 Special Use Regulations. Accessory and permitted
uses marked with an asterisk (*) in Table 17 .22 . 030 are permitted
subje.ct to the following use regulations.
A. Animal Raising - Large Animals.
1. All shelters and all areas set aside for the feeding of
animals shall be set back a minimum of 100 feet from the
right-of-way line of any street and from the boundary of
any other property not zoned f.or agricultural use or 50
feet from any adjoining residentially utilized structure.
2 . Equine, bovine, sheep, goats, and swine shall be limited
in number to ten adult animals, in any combination, for
the first five acres and one animal per acre for each
additional acre thereafter. The offspring of such
animals shall be considered adults when eight months old,
except equine offsprinq, which shall be considered adults
when 12 months old.
3 . All swine shall be maintained in pens or coope or in some
other means of confinement. Such animals shall be kept a
minimum distance of 50 feet fr.om any structure used for
human habitation other than that of the owner, and
minimum distance of 2o feet from any property line.
4 . All animal quarters shall be maintained in a clean and
sanitary condition and shall be subject to inspection by
legally authorized County of qrange employees for the
enforcement of Division 1 of Title 4 of the Codified
Ordinances of the County of Orange, the ordinances
establishing animal control, welfare, license, and health
requirements. (Ords. 12-95; 40-74: Prior Code
17.08. 030.G)
B. Amimal Raising - Small Animals.
1. All shelters and all areas seY. aside for the feeding of
animals shall be set back a minimum of 100 feet from the
right-of-way line of any street and from the boundary of
any other property not zoned f.or aqricultural use.
2 . Animals shall be limited in number to a maximum of 25
animals, in any combination, per one acre.
3 . All poultry, rabbits, birds, and similar small animals
shall be maintained in pens or coops or in some other
means of confinement. Such animals shall be kept a
minimum distance of 50 feet from any structure used for
578-31 11/95)
ORANGE MUNICIPAL CODE
17. 22 .,050--17. 22 .060
human habitation other than that of the owner, and
minimum distance of 20 feet from any property line.
G. All animal quarters shall be maintained in a clean and
sanitary condition and shall. be subject to inspection
by leqally authorized County of Oranqe employees for
the enforcement of Division 1 of Title 4 of the
Codified Ordinances of the County of Orange, the
ordinances establishinq animal control, welfare,
license, and health requirements. (Ords. 12-95; 40-74:
Prior Code 17.08. 030G)
C. Apiary. All apiaries shall comply with the provisions of
Section 6. 08.010 of the Orange Municipal Code. (Ords. 12-
5; 40-74: Prior Code 17. 08.030F)
D. Caretaker's Mobile Home. A mobiYe home as an accessory use
Por the purpose of providing residence for a caretaker,
custodian, or guard where need has been established for 24
iour surveillance of premiaes. Such use requires minor site
lan review approval by the Staff Review Committee as
iescribed in Section 17. 10.060 of this Title. (Ord. 12-95)
E. 3ale of Agricultural Goods Grown On-Site. The sale of
igricultural goods grown on-site is permitted subject to the
3pproval of an administrative adjuetment by the 2oning
Administrator, as outlined in Section 17. 10.050 of this
Pitle. (Ords. 12-95; 40-74: Pr:ior Code 17. 08. 030.A)
17 22 060 Conditional Use Reaulations A conditional use
permi t must be obtained pursuant to the requirements outlined in
Secti n 17.08.030 of this Title. In addition, the following
speci al conditions shall be applied to specific uses.
A. .Animal Raising - Small Animals. The provisions outlined in
Secti on 17.22. 050.B shall apply. (Ords. 12-95; 40-74 : Prior Code
17. 08. 040)
B. .Animal Raising or Keeping in Excess of Specified Limits.
The number of animals kept on a site may exceed the maximum
limits set forth in Sections 17. 22 .O50.A and 17. 22.O50.B if it
can be demonstrated that:
1. The property is of adequate size to accommodate the
additional animals;
2. The keeping of the animals complies with all
regulations established by relevant County of Oranqe
ordinances; and
11/95) 578-32
ORANGE MUNICIPAL CODE
17.22.60--17 .22. 090
3 . The keeping of additional animals will not adversely
affect adjacent properties. (Ords. 12-95; 40-74 :
Prior Code 17. 08.040)
C. Kennel, Commercial. All commercial kennels shall comply
with the provisions contained in Section 17. 30. 050 of this
Title. (Ords. 12-95: Prior Code Chapter 17.86)
17. 22 . 070 Building Lot Area Reauirement.
A. Huilding Site With Sinqle-Family Residence. The minimum
building lot area for a sinqle-family residence shall be five
acres. The minimum lot frontage shall be 125 feet and the
minimum lot depth 200 feet. However, any lot or parcel
legally created prior to the rezoning of said lot or parcel
to the A1 zone district shall be considered a legal,
nonconforming buildinq site under the provisions of this
code. (Ords. 12-95; 40-74: Prior Code 17.08. 120)
B. A11 Other Uses. No minimum standards apply to all other
uses. (Ords. 12095; 40-74: Prior Code 17. 08. 140, 17. 66. 050)
7 .22. 080 Buildina Heiaht. No building shall exceed two
stori.es or 32 feet in height, whichever is less. Greater
buil inq height may be considered by conditional use permit.
Orde. 12-95; 40-74: Prior Code 17.08 . 110)
7.22 .090 Yard Requirements.
A. A.1 District. The front, side, and rear yard requirements for
primary and accessory structures shall be the same as
required in the R1-6 zone district for such structures.
Ords. 12-95; 40-74: Prior Code 17. 08. 140, 17.66. 050)
B. R.O District. No building or structure shall be placed closer
than 30 feet to any property line abutting a residential zone
district or public street, or closer than 20 feet to any
property line abutting any other zone district. (Ords. 12-
95; 7-67: Prior Code 17.52 . 140)
C. SH District. No structures shall be erected in the SH zone
d.istrict except public utility buildings and structures
subject to approval of a conditional use permit as identified
in table 17. 22 . 030. (Ords. 12-95: Prior Code 17. 56)
578-33 11/95)
ORANGE MUNICIPAL CODE
17. 22 . 100--17 .22 . 120
17 .22 . 100 Parking. Off-street parking shall be provided as
requixed by Chapter 17. 34 of this Tit1e. (Ords. 12-95: Prior
Code Chapter 17.76)
22. 110 LandscaDing_ Landscaping shall be provided as
speci:Eied in Orange Municipal Code Chapter 16.50 (Landscaping
Stand rds and Specifications) . (Ords., 12-95; 7-67 : Prior Code
17 . 52 . 030, 17.56. 030)
22. 120 Sians. All signs shall. comply with the provisions
conta.ined in Chapter 17. 36 of this Title. (Ords.
12-95: Prior Code Chapter 17.78)
11/95) 578-34
ORANGE MUNICIPAL CODE
17. 24--17 .24. 020
CHAPTER 17.24
PUBLIC INSTITUTION DISTRICT
ections.
L7.24 .010 Purpose and Intent
L7.24. 020 Permitted Uses
7. 24. 030 Prohibited Uses
7.24.040 Special Use Regulations
7.24.050 Building Lot Area Requirement
17.24. 060 Building Heiqht
7.24. 070 Yard Requirements
7.24. 080 Off-Street Parking and Loading
7.24.090 Landscaping
7.24. 100 Siqns
7.24 .010 Puroose and Intent. The Public Institution (PI)
dist-ict is established to accommodate a wide range of public and
quas:L-public uses which, by their nature, need special
cons:ideration to ensure compatibility with surrounding
deve]Lopment. This district is further intended to be applied
only to property clearly intended for such public and quasi-
publi c usea. (Ords. 12-95; 25-76: Prior Code 17.54 .010;
17.4;! .010)
j7.24. 020 Permitted Uses. Table 17.24.020 indicates all
uses permitted (P) , permitted by conditional use permit (C) ,
permi.tted as an accessory use (A) , and not permitted (-) in the
Publi.c Institution zone. Permitted and accessory uses marked
with an asterisk (*) are subject to special use regulations or
devel.opment conditions outlined in Section 17.24.040. (Ords.
12-9°; 26-83; 20-82; 25-76: Prior Codes 17. 54.030, 040, 080;
17.42;.020, 030, 040)
TABLE 17.24 . 020
PUBLIC INSTITUTION USE REGULATIONS
USE pi
Caretaker's residence p*
Cemeteries crematoriums, and mausoleums P
Churches includin church schools P
Civic center and related administrative P
facilities
Colle es and universities p
Conversion of residential buildinq to a P*
non-residential use
Cultural center p
578-35 11/95)
ORANGE MUNICIPAL CODE
17.24 .020--17.24.030
TABLE 17.24.020
PUBLIC INSTITUTION USE REGULATIONS(cont. )
USE PI
Day schools and nurseries :incidental to a C
church or other institution
De artment of Motor Vehicles office C
Fire stations and substations P
Hi hwa maintenance ards and facilities C
xistorical landmarks official P
Hos ital C
Housing related to church, hospital or A*
colle e
Libraries ublic and rivate P
Movinq an existing structure or building P*
onto a site from another location
Munic pal, county, and other government P
buildin s
Museums P
Pol ce stations P
Public cor oration ard P
Public utility buildings and facilities (on P
less than one acre
Public utility buildings and facilities (on C
one acre or more
Retail uses A*
Schools - elementary, junior, or high P
school - ublic or rivate
Transit facilities C
Key: P = Permitted Use
C = Conditional use permit required. Refer to Section
17. 10. 030 for pravisions.
Not Permitted
A = Accessory Use
Special use requlations apply. Refer to Section
17. 24. 040.
7.24.030 Prohibited Uses. Any use not listed in Table
17 .24.02o as a permitted use, conditional use, or accessory use
is prohibited. However, the Community Development Director shall
have the authority to determine if an unlisted use substantially
conforms to the intent of this chapter, as provided for in
Section 17.24 .010 of this Title. (Ord. 12-95)
11/95) 578-36
ORANGE MUNICIPAL CODE
17.24. 040--17.24.060
7.4.040 Special Use Reaulations. Permitted and accessory
uses marked with an asterisk (*) in Table 17 .24.020 are permitted
subjE:ct to the following use requlations:
A. C'aretaker Residence. A mobile home as an accessory use for
t.he purpose of providing residence for a caretaker, custodian
c r guard where need has been established for twenty-four hour
surveillance of premises. Such use requires minor site plan
a.pproval by the Staff Review Committee as described in
Section 17. 10. 060 of this Title. (Ords. 12-95; 25-76: Prior
C'ode 17.54.080C; 17.42 .030)
B. C'onversion of a Residential Building to a Non-Residential
U'se. Such use requires minor site plan approval by the Staff
R.eview Committee as described in Section 17. 10.060 of this
Title. (Ord. 12-95)
C. Housinq Related to Church, College or Hospital. Such housing
may be provided for students, faculty, nurses, doctors, or
similar persons, provided the housinq is administered by the
institution involved. (Ords. 12-95; 25-76: Prior Codes
17.54. OSOA; 17.42 .030)
D. Moving an existinq structure or building onto a site. Such
use requires minor eite plan approval by the Staff Review
Committee as described in Section 17. 10. 060 of this Title.
Ord. 12-95)
E. Retail Uses. Accessory retail uses may be provided in a
buildinq in conjunction with any permitted use, subject to
the review and approval of the Planning Commission. Such
retail uses may include, but are not limited to, book and
stationary stores, barber and beauty shops, concession
stands, drug stores, florists, gift shops, offices for civil
and non-profit organizations, and restaurants and coffee
shops. (Ords. 12-95; 25-76: Prior Codes 17. 54 .080D; 17.42 . 030)
7 24 O50 Build nv L•o nrPa uo.+.,;rpment. The minimum
buildinq lot area shall be 6,000 square feet. (Ords. 12-95;
20-82 : Prior Code 17. 54 . 120)
7. 24. 060 Buildina Heiqht.
A. Near A Residential Zone. Buildings located within 120 feet
of any rasidentially zoned property shall be limited in
heiqht to 32 feet or two stories, whichever is less. (Ords.
12-95; 20-82: Prior Code 17 .54. 110)
578-37 11-95)
ORANGE MUNICIPAL CODE
17.254. 060--17.24.100
B. A.11 Other Areas. A building may exceed 32 feet in height
p rovided that the building height does not exceed one-quarter
o f the distance, measured horizontally, between the qround
p oint of the building and the nearest residentially zoned
p roperty. Additional buildinq height shall be permitted
subject to approval of a conditional use permit by the
Planning Commission. (Ords. 12-95; 20-82 : Prior Code
17. 54. 110)
7.24.070 Yard Requirements. Yards shall be provided as
indic:ated in Table 17.24. 070.
TABLE 17.24. 070
YARD REQUIREMENTS
Zone Front Interior Exterior Side Rear
District Yard Side Yard when Corner Yard
Yard or Reverse
Corner Lot
PI 10 ft 0 10 ft 0 (b)
a
NOTES:
a) If the property fronts on a block partially within a
residential zone district, the front yard shall be the
same as required for the residential zone.
b) If a property abuts a residential zone district and the
structure exceeds one story or 20 feet in height, then a
rear yard of at least ten feet shall be provided. (Ords.
12-95; 20-82 : Prior Codes 17. 54. 140, 150, 160)
7.24. 080 Off-Street Parkina and Loadina. Off-street
parkinq and loadinq shall be provided as required by Chapter
17. 34 of this Title. (Ords. 12-95; 20-82 : Prior Code Chapter
17.76)
7.24.090 Landscauina. Landscapinq shall be provided as
specified in Orange Municipal Code Chapter 16.50 (Landscapinq
Standards and Specifications) . (Ord. 12-95)
7. 24. 100 Signs. All signs shall conform to the regulations
outlined in Chapter 17. 36 of this Title. (Ords. 12-95; 20-82 :
Prior Code Chapter 17.78)
11/95) 578-38
ORANGE MUNICIPAL CODE
17.26--17.26.050
CHAPTER 17.26
PLANNED COMMUNITY DISTRICT
p`•.
L7.26.010 Purpose and Intent
L'7.26.020 Districts Established
L7.26. 030 Establishment Procedure
L7.26. 040 Amendments
1.7.26. 050 Criteria for Establishing PC District
1.7.26. 060 Development Standards
7.26.0'IO Contents of Specific Plan or Development Plan
7.26.010 Purtiose and Intent. The Planned Community (PC)
dist cict is intended to provide for a more efficient use of land
and a better community environment by utilizing more imaqinative
and :innovative planninq concepts than would be possible under
convNntional zoning controls. (Ords. 12-95; 29-82; Prior Code
17. 6'.010)
7.26. 020 Districts Established. All Planned Community
dist^icts shall be indicated on the zoninq map by the PC
desic nation, a number, and a common name (i.e. subdivision or
deve:Lopment name) . (Ord. 12-95)
7.7.26. 030 Establishment Procedure. A Planned Community
dist ict claseification shall be established in accordance with
the procedures for a zone chanqe specifiad in Section 17. 10. 020
of this Title. The application for a zone change to PC shall be
accoiupanied by a Specific Plan or Development Plan as described
in this chapter. The zone change request and Specific Plan or
Deve]Lopment Plan shall be considered concurrently. The Specific
Plan or Development Plan shall be made a part of the ordinance
enaci:ing the PC district, and all subsequent development shall
subsi:antially comply with the provisions of the adopted Specific
Plan or Development Plan. (Ords. 12 . 95; 29-82: Prior Code
17. 6 .050)
7.26.040 Amendments. Specific Plans or Development Plans
adopt:ed in conjunction with a PC designation may be amended by
ordinance. (Ord. 12-95)
7.26.050 Criteria for Estab iah nc PC Distr ct. In order
to qualify for a Planned Community district classification, the
following findings must be made by the reviewinq body to justify
the zipproval:
578-39 11/95)
ORANGE MUNICIPAL CODE
17.21i. 050
A. 7'hat the proposal conforms to the General Plan in reqard to
and use designation and intensity;
B. 7'hat the proposal contains at least ten gross acres;
C. 7'hat the proposal provides for a mix of uses (such as,
z•esidential, commercial, office, public facilities, open
pace) ;
D. 4'hat by incorporatinq features such as, but not limited to
t:hose listed below, the proposal constitutes an environment
e:qual to or better than what might be accomplished under
t.raditional development practices:
1.. Where usable open space is provided in excess of the
amount required under conventional zoning;
2 . Where natural features are preserved that enhance the
development and will benefit the community such as trees,
scenic points, view corridors, ridgelines, historic
buildings or landmarks, unique geological formations and
other community assets;
3 . where perimeter setbacks o:E tk e development exceed the
minimum dimension required;
4. Where distinctive deaiqn techniques are incorporated such
as architectural treatments, site planning, atructural
desiqn, landscaping as wel:l as integration into the
community;
5. Where the project makes use of non-depletable energy
sources for water heating or space heating;
6. Where usable recreational amenities are provided in
excess of the amount required;
7. Where special amenities are provided such as daycare,
preschool, community care, or other amenities;
8. where multi-modal transportation opportunities are
provided such as linkaqes to pedestrian and recreational
trails, and public transit facilities;
9. Where public institutional needs are met by providing for
schools, religious facilities,, libraries, post offices,
police/fire facilities; and
10. Where special needs housing is provided. (Ord. 12-95)
11/95) 578-40
ORANGE MUNICIPAL CODE
17.26. 060--17.26.070
L7.26.060 Develooment Standards.
A. General. The land use and development requlations contained
ln the Specific Plan or Development Plan approved in
c;onjunction with the PC zone shall serve as the applicable
aoninq regulations for that PC zone. Wherever a PC zone does
not contain requlations for a particular aspect of
ievelopment (i.e. parking) , then the current development
e:tandards for the zone district closest to the intent of the
PC zone shall apply.
B. I)evelopment Intensity. Development intensities for various
i ses within the PC zone shall be consistent with the
i.ntensities specified on the General Plan Land Use Policy
Z[ap. Any area desiqnated for residential use may be
leveloped at a lower residential density than is indicated on
t:he approved Specific Plan or Development Plan without
requirinq an amendment to that plan.
C. :ingle-Famfly Residential Minimum Buildinq Lot Area. The
minimum building lot area for a single-family residential
unit shall comply with the minimum lot standards contained in
ection 17 .14. (Ords. 12-95; 19-94: Prior Code 17. 67 .025)
7.26. 070 Contents of Specific P an or Tlavalnnmant viAn, p,
Spec:ific Plan or Development Plan shall consist of maps, site
planes, and supporting text and shall contain the following
info:mation:
A. A, map showing the property boundaries, the proposed
dlistribution of land use within the subject property, and the
a creage calculation for each proposed land use. The land use
dlistribution and acreaqe shall also be presented in a tabular
f'orm.
B. A, map showinq the proposed circulation system of Collector,
S econdary, Primary, Major, and Augmented Major Roadways. The
aiap shall show the relationship of proposed project roadways
t.o roadways indicated on the City Master Plan of Streets and
H[ighways and the County Master Plan of Arterial Hiqhways.
C. C'oncept plans indicating locationa for the various proposed
land uses shall indicate:
1. The proposed number of residential dwelling units per
gross and net acre for each residential development;
2 . The total number of proposed residential units for the
entire project;
578-41 11/95)
ORANGE MUNICIPAL CODE
17.2 5. 070
I . The proposed intensity of commercial and industrial
development in terms of floor area ratio (FAR) , as well
as the maximum total square footage of all commercial and
industrial development;
4E . The size and location of park sites, school sites, and
other public/quasi-public facilities;
The special featurea provided which justify the approval
of a Planned Community District.
D. p statement describinq the range of housinq types to be
cleveloped and the segments of the market targeted for such
clevelopment.
E. p recreational trails plan, and the relationship of that plan
t:o adopted City Master Plan of' Recreational Trails.
F. L)evelopment standards for residential, commercial, and
i.ndustrial land uses. Such standards as maximum building
kieight, lot coveraqe, and required yard areas shall be
pecif ied.
G. p topographic map showing existinq topography and the
proposed changes in site topography at appropriate contour
i.ntervals. Cut and fill slopes shall be indicated on a
reliminary master grading plan.
H. 7'he location of existing publi.c utilities on and adjacent to
t:he site, and the proposed location of utility extensions.
I. 7'he nature and location of any pl.anned off-site improvements
t:o be performed in conjunction with site development.
J. F rototypical plans, elevations, a.nd renderings of
z•esidential, commercial, and i.ndu.strial buildinqs, or design
gfuidelines for such development.
K. A, phasing plan for development. of' the property.
L. I,andscape desiqn quidelines.
M. P., description of the proposed method of financinq the
i.nfrastructure proposed.
N. 4 raffic impact analysis as required by the Community
Lievelopment Director.
11/Si5) 578-42
ORANGE MUNICIPAL CODE
17.26. 070
O. 1?iscal impact analysis as required by the Community
I)evelopment Director.
P. 1ny other information requested by the Community Development
I>irector which will enable the City to perform a thorough
z-eview of the proposed project. (Ords. 12-95; 29-82 : Prior
C:ode 17. 67.050)
578-43 11/95)
ORANGE MUNICIPAL CODE
17.2E3--17.28. 030
CHAPTER 17.28
OVERLAY DISTRICTS
Secti_ons•
17.28.010 Purpose of Overlay Districts
17.28.020 Use of Overlay Districts
17.28. 030 Denotation of Overlay Districts
17.28.040 Flood Plain Overlay
17.28.050 Single Story overlay
17.28.060 Equestrian Overlay
17.28.070 Parking Overlay
7 28 010 Puroose of Overlav Districts. Overlay districts
are e stablished to permit the application of additional use and
deve].opment standards to certain properties where such additional
standlards are necessary to implement General Plan policy and to
protE:ct public health, safety, and welfare. (Ords. 12-95; 20-82:
Prior Code Chapter 17.76)
7_,28.020 Use of Overlav Districts. overlay districts shall
be us ed only in conjunction with an underlying base district.
ExceF t for the supplemental regulations described in this chapter
for e:ach overlay district, the standards established for the
underlying base district shall apply. In the event of
conflicting provisions, the requirements of the overlay district
shall take precedence over the requirements of the base district.
Orda . 12-95; 20-82: Prior Code Chapters 17 .60; 17. 62; 17. 64;
17.76)
7.28.030 Denotation of Overlav Districts. Overlay
districts shall be denoted on the zoning map by the base district
symbol followed by, as part of the symbol, parenthetically
enclosed letters indicatinq the overlay district. (Ord. 12-95)
DISTRICT SYMBOL
Flood Plain 1 FP-1
Flood Plain 2 FP-2
S n le Stor A
E estrian E
Parkin P
11/95) 578-44
ORANGE MUNICIPAL CODE
17.28.040
3•Zg• 040 Flood Plain Overlay.
A. F urpose and Intent. The Flood Plain overlay districts (FP-1
a.nd FP-2) are intended to be applied to those areas of the
C'ity which, under present conditions, are subject to periodic
flooding and the hazards associated with floodinq. The
objectives of the Flood Plain districts shall be:
1. To prevent loss of life and property and to minimize
economic loss caused by flood flows;
2. To establish criteria for land management and use in
flood prone areas consistent with criteria promulgated
by the Federal Insurance Administration for the purpose
of providing flood insurance eligibility for property
owners;
3 . To prohibit encroachments, new construction, or other
improvements or development that would obstruct the flow
of floodwaters within a re,qulatory floodway; and
4. To regulate and control uses below the elevation of the
design flood flow with the remainder of the flood plain.
Ords. 12-95; 61-80: Priox- Code 17. 58. 010)
B. A pplication. The FP-1 or FP-2 overlay shall be applied as
f ollows:
1. Requlatory Floodways shall be desiqnated FP-1.
2 . Floodway Fringe areas, Mudslide Prone areas and other
areas determined to be areas af Special Flood Hazard or
Flood Plain areas, as determined by the City Engineer,
shall be designated FP-1 or FP-2 . (Ords. 12-95; 61-80:
Prior Code 17. 58.020)
C. Maipping of Flood Areas Required. All Floodway, Flood Plain,
F:Lood Hazard Areas, Regulatory Floodway, and Floodway Frinqe
A eas shall be identified, mapped, and so desiqnated.
M<pping may be done by the County of Oranqe, the Federal
insurance Administration or the Department of Public Works.
1., Identification and mappinq shall be based upon the design
flood as determined by enqineering studies satisfactory
to the City Engineer and appraved by City Council.
2 ., In areas where the Floodways or Flood Plains are mapped
by the County of Orange, the Federal Insurance
Administration or the Department of Public Works, the
578-46 11/95)
ORANGE MUNICIPAL CODE
17.28.040
requlatory requirements shall apply to the mapped area
having the outermost boundaries. (Ords. 12-95; 4-87; 61-
80: Prior Code 17 .58.030; 17.59. 030)
D. 17se Regulations.
L. Permitted Uses. Table 17.28.040 lists all uses permitted
P) , permitted by conditional use permit (C) , permitted
as an accessory use (A) , and not permitted (-) in Flood
Plain overlay areas. Permitted or accessory usee marked
with an asterisk (*) are subject to special use or
development conditions outlined in Section 17.28.040.D. 3.
Conditional uses may also have special use or development
conditions as outlined in Section 17.28.040.D.4. (Ords.
12-95; 4-87; 61-80: Prior Code 17.58. 030, 17. 59. 030)
TABLE 17.28.040
OVERLAY DISTRICT USE REGULATIONS
USE FP- FP-
1 2
A riculture p* p*
Excavation and removal of rock, sand, gravel C C
and similar materials
Flood control facilities such as channels, P* P*
levees, spreadinq qrounds and basins, roads,
brid es, storm drains
Landfills
Mobile home C
Recreation facilities such as campgrounds, C C
playgrounds, fishing lakes, aquestrian uses,
huntin clubs, trails, olf courses
Public ark ro ects P P
Public utilit facilities C C
Res dential structure C
Road ro ects p* p+.
Stora e of floatable substances or materials -
Stora e of hazardous or toxic materials
Structure, ermanent C
Key: P = Permitted Use.
C = Conditional Use Permit required. Refer to
provisions in Section 17. 10.030 and special
conditions in Section 17.28.040.D.4
Not Permitted.
Use subject to special provisions contained
in Section 17.28. 040.D. 3 .
11/Si5) 578-46
ORANGE MUNICIPAL CODE
17.28.040
2; . Prohibited Uses. Any use not specifically permitted in
Table 17.28.040 shall be prohibited. Also specifically
prohibited is any excavation, improvement, development,
or encroachment that will do the followinq:
a. Obstruct or create debris-catching obstacles to the
passaqe of the design flood; or
b. Cause a cumulative increase in the elevation of the
design flood water profile more than one foot at any
point; or
c. Will tend to broaden or direct flood flows out of the
natural floodplain; or
d. Will otherwise cause a potential hazard to life or
property resulting from flood flows within the FP-1
and FP-2 areas. (Ords. 12-95; 20-82; 61-80: Prior
Codes 1. 58.050; 080; 17. 59. 070; 080)
3. Special Use Conditions. Permitted uses marked with an
asterisk (*) in Table 17.28. 040 are permitted subject to
the followinq use regulations:
a. Agriculture. All aqricultural uses permitted in the
A-1 district shall be permitted. However, the
following accessory uses are not permittad:
permanent structures, landfills, materials or
equipment storage, stream alteration, or other use
that would result in any increase in flood levels
within the Regulatory Floodway.
b. Flood Control Facilities. All such facilities shall
be constructed in accordance with plans meeting the
approval of the City Enqineer.
c. Road Projects. All such f'acilities shall be
constructed in accordance with plans meeting the
approval of the City Engineer. Parking lots may be
allowed within the FP-2 zane only. (Ords. 12-95;
4-87; 61-80: Prior CodH 17.58. 030, 060; 1. 59. 030)
4. Conditional Use Requlatfons. A conditional use permit
must be obtained pursuant to the requirements outlined in
Section 17. 10.030. In issuinq a conditional use permit,
the responsible hearing bociy muet make the findinq that
the proposed project, alone or. in combination with
existing developments, wilb not endanger life, restrict
the carrying capacity of the regulatory floodway,
increase flood heiqhts, or increase flood velocities. In
addition, the following special conditions shall be
applied to specific uses:
a. Excavation of Materials
i. Rock, sand, qravel and similar materials may be
excavated and removed, provided such activities
preserve the integrity of the watercourse.
578-4'7 11/95)
ORANGE MUNICIPAL CODE
17.28. 040
ii. The permitted excavation area shall continue to
receive and release flood waters in a manner equal
to that e3cperienced prior to any excavation.
iii.Such excavations shall be contained within the
FP-2 area and shall not create a potential flood
hazard to adjacent properties resulting from flood
conditions.
iv. All excavation activity shall conform to the
operational and reclamation conditions set forth
in Chapter 1.32 of this Title. (Ords. 12-95;
20-82; 61-80: Prior Code 17. 58.040(3) , 070 (2) )
b. Mobile Homes. In all areas of special flood hazards,
mobile homes ahall comply with the followinq
regulations:
i. All mobile homes shall be anchored to resist
flotation, collapse, or lateral movement by
providing over-the-top and frame ties to ground
anchors. Specific requirements shall be that:
a) Over-the-top ties ahall be provided at each of
the four corners of the mobile home, with two
additional ties per side at intermediate
locations. Mobile homes less than 50 feet
long shall require one additional tie per
side;
b) Frame ties ahall be provided at each corner of
the home, with five additional ties per side
at intermediate points. Mobile homes less
than 50 feet long shall require four
additional ties per site;
c) All components of the anchoring system shall
be capable of carrying a force of 4,800
pounds; and
d) Any additions to the mobile home shall be
similarly anchored. (Ords. 12-95; 20-82 ;
61-80: Prior Code 17.58. 120.A; 17. 59. 120)
ii. The following requirements apply to nev mobile
home parks and mobile home subdivisions;
expansions to existing mobile home parks and
mobile home subdivisions; existinq mobile home
parks and mobfle home eubdivisions where repair,
reconstruction or improvement of the atreets,
utilities and pads equals or exceeds 50 percent of
value of the streets, utilities and pads before
the repair, reconatruction or improvement has
commenced; and to mobile homes not placed in a
mobile home park or mobile home subdivision:
a) Stands or lots shall be elevated on compacted
11/`-5) 578-48
ORANGE MUNICIPAL CODE
17.28.040
fill or on pilings so that the lowest floor of
the mobile home will be a minimum of one foot
above the base flood level; and further
provided that the fill does not increase the
elevation of the design flood level, or that
any increases be fully provided for by means
of water course improvements approved by the
City Engineer.
b) Adequate surface drainage and access for a
hauler shall be provided.
c) In the instance of elevation on pilings, lots
must be large enouqh to permit steps; piling
foundations must be placed in stable soil no
more than ten feet apart; and reinforcement
must be provided for pilinqs more than six
feet above the qround level. (Ords. 12-95;
20-82; 61-80: Prior Code 17.58. 120.B;
17.59.120)
iii.No mobile home shall be placed in a floodway
except in an existing mobile home park or an
existing mobile home subdivision.
a) Residential Structure Other Than Mobile Home.
The lowest floor, :including the basement, must
be elevated to une foot above the desiqn flood
level or must be protected by a flood
protection system or floodproofing. (Orda.
12-95; 20-82; 6:1-80: Prior Code 17. 58. 070.D;
17 .59.070)
b) Permanent Non-Residential Structure. The
lowest floor, includinq the basement, must be
elevated to one foot above the design flood
level or must be protected by a flood
protection syatem or floodproofing. (ords.
12-95; 20-82 ; 6:1-80: Prior Code 17.58.070.E;
17 . 59.070)
E. D evelopment Standards. The estab:lishment, operation, and
m,3intenance of all uses permitted by Section 17. 28. 040 shall
a mply with the followinq development standards:
1. Structural Floodproofing for Non-Residential Structures.
Structural floodproofing as permitted herein shall be in
accordance with the Uniform euildinq Code. A civil
engineer or architect reqister.ed in the State of
California shall certify that the floodproofinq methods
are adequate to withstand khe flood depths, velocities,
hydrostatic and hydrodynamic Aoads, and effecta of
buoyancy and other factors associated with the design
578-49 11/95)
ORANGE MUNICIPAL CODE
17 .2 6. 040
flood. (Ords. 12-95; 20-82; 61-80: Prior Code
17.58.090.B.1; 17.59. 090)
Anchorinq. All new construction and substantial
improvements shall be anchored to prevent flotation,
collapse, or lateral movement of the structure. (Ords.
12-95; 20-82; 61-80: Prior Code 17. 58.090.B.2;
17. 59.090)
t. Utilities.
a. All new and replacement water supply systems shall be
designed to minimize or eliminate infiltration of
flood waters into the systems.
b. New and replacement sanitary sewage systems shall be
designed to minimize or eliminate infiltration of
flood waters.
c. On-site waste disposal systems shall be located to
avoid impairment to them or contamination from them
durinq flooding.
d. Utilities shall be desiqned to resiat deatruction
from flood scour and the hydrostatic and hydrodynamic
loads and effects of buoyancy. (Orda. 12-95; 20-82;
61-80: Prior Code 17 .58.090.B.3; 17. 59.090)
F. F:equired Procedures for Building in FP Overlay. The
e:stablishment, operation and maintenance of all uses
permitted by Section 17.28.040 shall be in compliance with
t:he followinq procedures:
1.. The Community Development Department shall review
projects proposed in the FP overlay districts to
determine that all necessary permits and certificates
have been obtained. Zt shall make recommendations
concerning Use Permit applications prior to hearing and
approval by the Planning Commission to assure compliance
with the requirements of this Chapter. It ahall maintain
for public inapection all records pertaining to the
provisions of that section.
2 . All development, subdivision, atructure and substantial
improvement proposals shall include submittal of detailed
drainaqe studies and plans indicatinq how site qrading -
in conjunction with any necessary drainaqe conveyance
systems includinq applicable awales, water course
courses, channels, street flows, catch basins, storm
drains and flood water retarding - will provide building
pads and/or lowest floor elevationa that are safe from
flood flows expected from floods up to and includinq the
design flood. The grading plan shall include identified
il/515) 578-50
ORANGE MUNIC.IPAL CODE
17.28.040
on-site finished grade and "design flood elevations,
both related to mean sea level. Structural plans
submitted for building permits shall show the first floor
elevation of such structures as related to mean sea
level. Said plans and elevation information shall be
maintained on file by the Public Works Department for
flood inaurance reference purposes.
3. The Public Works Department shall notify adjacent
communities prior to any alteration or relocation of a
watercourse having an effect on the flood hazard areas
shown on the F.I.R.M. and shall submit evidence of such
notification to the Federal Znsurance Administration.
The Department shall require that maintenance is provided
within the altered or relocated portion of said
watercourse so that the flood carrying capacity is not
diminished.
4;. No uses shall be approved unless the followinq findings
are made:
a. The development will not provide a significant risk
to human life in the event of the design flood.
b. The development is designed and sited so as to offer
minimal obstruction to the flow of floodwater.
c. The development will not create a potential hazard or
otherwise adversely affect property because of
diversions, increased heights, or velocities of flood
waters or because of increased debris, or otherwise
affect the safety, use, or stability of any public
way, drainage channel, or adjacent property during a
flood condition. (Ords. :12-95; 2-82; 61-80: Prior
Code 17. 58.090.A, C; 17. 59. 090)
G. F'P Nonconforminq Uses. Any use lawfully existing on any
remises that is made nonconforming by the application of the
F'P district or by any amendment af the FP district
r egulations shall be subject t.o t.he requirements provided in
S'ection 17. 38.030 of this Titl.e. Within the areas designated
a.s FP-1, the following excepti.ons shall apply:
1. All nonconforming structures within the area designated _
as FP-1 "Floodway" distz ict on the effective date of
application of the FP-1 district or any amendmant of
the FP-1 district raqulations shall be removed subject
to the following: If the useful life of the structure
has not expired by a date five years after the
effective date of the applkcation of the FP-1 zone, the
life of the structure shalk be considered to have
expired automatically, and said structure shall be
removed.
578-51 11/95)
ORANGE MUNICIPAL CODE
17.2£3. 040
2 . Any enlargement, expansion, change in use, or
subsi:antial improvements of nonconforming structures shall be
proh:ibited.
3. Any owner of a use or structure made nonconforming by
the application of the FP-1 district may request the
Planning Commission to qrant an extension of time. The
Planning Commission may qrant an exteneion of time
beyond the five-year period. (Ords. 12-95; 20-82; 61-
80: Prior Code 17.58. 100; 17.59. 100)
H. Technical Adjustments. This section establishes procedures
for making certain technical adjustments to flood mapping.
Such adjustments may be necessary when either 1) property
has been inadvertently included in an FP zone due to the
erroneous transportation of the curvilinear flood boundary
line to the land topoqraphy that is readily identifiable for
exclusion by reason of the existinq physical features of the
property; or 2) flood protective or flood control work
adequate to protect aqainst the design flood has been
completed.
1. Procedure for Correcting Mapping Deficiencies Unrelated
to Communitywide Elevation Determinations. Mapping
deficiencies caused by inadvertent inclusion of the
property in the FP zone or a physical alteration to
surroundinq property which affects the base flood level
may be corrected without necessitatinq a zone change if
the followinq requirements are met, as determined by
the Planning Commission:
a. Inadvertent Inclusion. Review of the
topographical map showing qround elevation
contours on the entire buildinq site area confirms
that the property is not within the FP zone; or
b. Completion of Flood Protection/Control Work.
Evidence confirms that subsequent stream, channel,
storm drain, or landfill improvements fully offset
flood water surface elevations so as to meet
standards established by the Federal Insurance
Aqency. This shall require that:
i. Completion of work be certified by the City
Engineer; and
ii. If the area is included in the City's Flood
insurance rate map, flood protection/control
measures must be approved by the Federal
Insurance Administration and the area removed
from the F. I.R.M. and Flood Boundary and
Floodway Maps.
11/95) 578-52
ORANGE MUNICIPAL CODE
17.28.040--17.28. 060
2. Appeals. Appeal of any determinations made by the
Planninq Commission under this section will be to the
City Council. (Ords. 12-95; 20-82; 61-80: Prior Code
17.58. 110; 17.59.110j
7.28. 050 Sinqle Story Overlay.
A. P urpose and Intent. The Sinqle Story (A) overlay is
established to maintain the character of existing single
story residential neighborhoods by limitinq buildinq height
to one story. (Ords. 12-95; 20-82 : Prior Code 17.50.010)
B. D evelopment Standards. The heiqht of all buildinqa within
the Single Story Overlay District shall be limited to one
story or 20 feet, whichever is less. All other development
standards applicable to the underlying district and not in
conflict with this section shall apply. (Ords. 12-95;
20-82 : Prior Code 17.60.090)
7.28.060 Ecruestrian Over7ay .
A. Purpose and Intent. The Equestrian (E) Overlay District is
established to allow for the pre-zoning and subsequant
annexation of certain developed residential areas where
existing residents wish to retain a semi-rural environment,
including the retention of equestrian uses ugually not
permitted due to lot size, and where such existinq uses are
demonstrated to be compatible with surrounding existing uses.
Ords. 12-95; 20-82; 72-76; 8-76: Prior Code 17.62 .010)
B. Principal Uses and Structures Permitted. The use regulations
applicable to principal uses and structures in the underlying
zone district shall apply. (Ords. 12-95; 20-82; 72-76; 8-76:
Prior Code 17. 62 .030)
C. Accessory Uses and Structurea Permitted. The followinq
accessory uses and structures are permitted in the Equestrian
Overlay Diatrict:
1. The keeping of horses for the private use of family
members residing on the premises.
2. The boarding of up to two horses owned by residents of
the neiqhborhood.
3 . Stables, shelters, or corrals for horses. (Ords. 12-95;
20-82; 72-76; 8-76: Prior Coda 17. 62.080)
578-53 11/95)
ORANGE MUNICIPAL CODE
17.2 8.060--17.28. 070
D. ]imit on Number of Horsee. The total number of horses kept
on a lot shall in no case exceed more than one horse per
fi,000 square feet of lot area. (Ords. 12-95; 20-82; 72-76;
EI-76: Prior Code 17. 62. 380.B; 17.68.060)
E. Development Standards. The development standards required by
t:he underlying base district ahall apply. In addition, the
i'ollowinq shall apply:
Minimum Lot Area. In the R1-12 and R1-15 zones, the
minimum lot area required for the keepinq of horses is
12,000 square feet. in all other zones, the provisions
of Section 17. 14 .050.B shall apply.
2 . Distance from Streets, Residences. The edge of any
private stable, shelter, or corral shall be set back a
minimum distance of 5o feet from any street, hiqhway or
any reaidential buildinq other than that of the owner.
7 28 070 Parkina Overlay.
A. P urpose and Intent. The Parkinq (P) Overlay District is
e.stablished to allow residentially zoned properties to be
u.sed to provide off-street parking facilities for adjacent
land uses. The Parking overlay shall be applied only to
residential properties and only when it can be demonetrated
that the use of the residential lot for parking purposes will
not adversely affect the surroundinq residential
neighborhood. (Ord. 12-95: Prior Code 17.64. 010, Chapter
17.76)
B. Uses Permitted. The followinq principal and accessory uses
and structures are permitted:
1. All uses and structures permitted by the underlying zone
district.
2. Open air temporary parking of transient vehicles. In no
case ahall the parkinq lot be used as a car sales lot.
Ord. 12-95: Prior Code 17.64.030)
C. Development Standards. The following development standards
shall apply to parking lots in the Parkinq overlay district:
1. Lot Size. Where the lot is to be used exclusively for
automobile parking, no minimwa lot size requirement shall
apply.
11/95) 578-54
ORANGE MUNICIPAL CODE
17.28.070
2. Yarda. Where the lot abuts a residential zoned lot, the
front and street side yard setbacks shall be the same as
required for that abutting residential lot. In all other
cases, no yard requirements ahall apply.
3. Fences and Walls. A division wall shall be erected
between the parking uses and adjacent residential uses.
The wall shall have a minimum height of six feet, except
any wall or portion of a wall located in the required
front yard area shall be limiked in height to 42 inches.
4. Landscapinq. The parking lot shall be landscaped as
required by Section 17.34. t30»H of this Title.
5. Signage. Parking lot siqnage shall conform to the
requirements of Section 17. 36 of this Tftle. (Ords.
12-95: Prior Code Chapter 17,64; 17.76; 17.78)
D. Parking Lot Standards. Parking lot and parking space
dimensions, orientation, location, striping and other
relevant development standards shall conform to the
requirements of Chapter 17. 34 of this Title. (Ords. 12-95:
Prior Code 17 . 64. 120; 220; 17 . 76)
578-55 11/95)
ORANGE MUNICIPAL CODE
17 .30--17. 30.030
CHAPTER 17.30
SPECIAL USE REGULATIONS
Secti.ons•
17.30.010 Purpose and Zntent
17. 30.020 Adult Enterprise
17. 30. 030 Alcoholic Beverage Controls
17. 30.040 Condominium Conversions
17.30. 050 Dog Kennels
17.30. 060 Automobile Service Stations
17 .30. 010 Purpose and intent. This section establishes
defin.itive use regulations and development standards for certain
uses which, due to the nature of the particular use, requires
special development conditions to ensure that use operates in a
manner compatible with existing and future adjacent uses in the
vicinity. (Ord. 12-95)
7, 30.020 Adult E*+terpr se.
A. L cational Requiraments. Notwithstanding other provisions of
tlhe Orange Municipal Code to the contrary, no conditional use
p ermit shall be issued for any adult enterprise, ae defined
b; Section 17. 04.020 of this Title, if the use is proposed to
be located:
1. Within 500 feet of any lot zoned for residential use; or
2 . Within 1,000 feet of any lot upon which any other adult
entertainment use already exists; or
3 .. Within 1, 000 feet of any public or private school, park,
playground, public building, or reliqious institutions.
Ord. 12-95)
B. Abatement of Nonconformities. Any adult enterprise use
le wfully existing as of the effective date of thia ordinance,
and which has been determined to have a legal nonconforming
si:atus, shall terminate all aspects of the adult enterprise
not in compliance with the provisions of this section within
tkiree years of the effective date of this ordinance. (Ord.
1:!-95)
30. 030 Alcoho> ; Roveraae Cont o .
A. Purpose and Intent. The purpose of adopting regulations for
ttie sale of alcoholic beverages is to ensure that such sales
11/9!i) 578-56
ORANGE MUNICIPAL CODE
1.30. 030
will not adversely affect surroundinq residents, businesses,
and institutions; and to ensure that any such use operates in
a manner compatible with existing and future adjacent uses.
Ords. 12-95; 1-95; 3-91: Prior Code 17.80. 010)
B. Locations Permitted. The use tables contained in Chapters
17. 18 through 17.22 of this Title indicate the zones in which
the off-sale and on-sale of alcoholic beverages is permitted
by issuance of a conditional use ;permit. (Ords. 12-95; 1-95;
3-91: Prior Code 17.80.030)
C. Conditional Use Permit Required. In order to fulfill the
purposes of this chapter, the retail sale of alcoholic
beverages is subject to approval of a conditional use permit.
The Planninq Commission hae 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:
1. Any original off-sale alcoholic beverage license when not
in conjunction with the sale of motor fuel in the CP
Commercial Professional) , C1 (Limited Commercial) , C-TR
Limited Business, Tustin Redevelopment) , C2 (General
Business) , and C3 (Commercialp zones.
2 . Any original off-sale beer„ or beer and wine license, in
conjunction with the sale of motor fuel in the CP, C1, C-
TR, C2, and C3 zones, subject to the conditions specified
in Section 17. 30.030.F. An initial public hearinq shall
be held before the Planninq Commission, with final review
and determination made by the City Council.
3 . Any oriqinal on-sale restaurant license in the CP, C1, C-
TR, C2, C3, M1 and M2 zones.
4. Any oriqinal license for the on-site brewing and sale of
beer within a restaurant in the CP, C1, C-TR, C2, C3, M1
and M2 zones.
5. Any orfginal on-sale license not associated with a
restaurant in the C-TR, C2 and C3 zones.
6. Any original off-sale alcoholic beverage license, in the
M1 and M2 zones, shall be subject to the following
conditions and limitations. When in conjunction with the
sale of motor fuels, the c:onditions specified in Section
17. 30. 030.F shall also apply:
578-5 11/95)
ORANGE MUNICIPAL CODE
17. 3iD.030
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
insiqnificant portion of total retail sales, and to
determine if such use ahould continue.
c. At any time the license is sold or posseasion is
transferred to a person, firm, or entity other than
the applicant to which the conditional use permit was
issued, the City shall review the operations of the
new owner or operator to insure the oriqinal
conditions of approval are compliad 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 entity other than the
applicant. Moreover, the applicant shall further
aqree that the City may record such agreement with
the Orange County Recorder.
e. An initial public hearinq shall be held by the
Planning Commission, with final review and
determination by the City Council. (Ords. 12-95;
1-95; 3-91: Prior Code 17.80. 030)
D. Findings. in makinq the findings for a conditional use
permit for the on-sale and off-sale of alcoholic beverages,
the City Council or Planning Commission shall consider
whether the proposed use will adversely affect the welfare of
the surrounding community or will result in an undue
concentration of premises for the sale of alcoholic
beveraqes, including beer and wine, in the City or the area
involved. The City Council or Planninq Commission shall also
consider whether the proposed use will detrimentally
affect nearby residentially zoned districts, after giving
consideration to the proposed hours of operation and the
proximity to the followinq:
1. Residential buildinqs.
2 . Churches, schools, hospitals, public playgrounds, and
other similar uses.
3 . Other establishments dispensing, for sale or other
consideration, alcoholic beverages, includinq beer and
wine. (Ords. 12-95; 1-95; 3-91: Prior Code 17.80.040)
11/95) 578-58
ORANGE MUNICIPAL CODE
17. 30.030
E. U grading Licenses. Any upgrading of existinq licenses to a
m ore restrictive license shall be regulated as follows:
1. A change from an on-sale beer license for a restaurant to
an on-sale beer and wine license for a restaurant shall
not require the issuance of a conditional use permit.
2 . A chanqe from an off-sale beex• license to an off-sale
beer and wine license shall nat require the issuance of a
conditional use permit.
3 . A change from an on-sale alcoholic beverage license for a
restaurant to include the on-site brewing of beer shall
not require the iesuance of a conditional use permit.
4. A change from either an on-sale or off-sale beer license
or beer and wine license, to an on-sale or off-sale
general license shall require the issuance of a new
conditional use permit.
5. A license associated with a non-conforming use may be
transferred to a new owner„ but it may not be upgraded.
Ords. 12-95; 3-91; 20-82: Pr.ior Code 17.80. 050)
F. Sale of Alcoholic Beverages in Conjunction with Motor Fuel.
Any original off-sale beer or beer and wine license in
conjunction with the sale of motor fuel shall be subject to
the issuance of a conditional use permit and subject to the
following conditions:
1. No beer or wine shall be d:isp:layed within five feet of
the cash register or any publ:ic entrance.
2. No sale of alcoholic beverages shall be made from a
drive-up window.
3 . No display or sale of beer or wine shall be made from an
ice tub.
4 . No beer or wine advertising shall be located on motor
fuel islands and no advertising for beer or wine shall be
visible from outside the buildinq.
5 , Employees on duty between the hours of 10:00 p.m. and
2 : 00 a.m. shall be at least 21 years of age to sell beer
and wine.
E. All containers of alcoholic beverages that are displayed
for sale shall be secured against public access between
the hours of 2 : 00 a.m. and 6:00 a.m. or more restrictive
578-59 11/95)
ORANGE MUNICIPAL CODE
17. 31).030--17. 30.040
hours as determined by the conditional use permit
process. Secured refrigerator compartments must have
interior compartment separators to prevent access from
neighborinq non-locking doors or compartments. (ords.
12-95; 2-89: Prior Code 17.80)
17. 30. 040 Condominium Conversions.
A. F urpose and Intent.
To establish regulations for the conversion of existing
multiple family rental housing unita to condominiums,
stock cooperatives or community apartment projects.
2 . To reduce the impact of such conversions on residents in
rental housinq who may be required to relocate due to the
conversion of apartments to condominiums, stock
cooperatives, or community apartment projects by
providing procedures for notification and adequate time
and assistance for such relocation.
3 . To assure that purchasers of converted housinq have been
properly informed as to the physical condition of the
structure which is offered for purchase.
4 . To provide a reasonable balance of ownership and rental
housing in the City, and a variety of choice of type,
price and location of housing.
5. To encouraqe the physical rehabilitation of substandard
apartments that are converted to condominiums, stock
cooperatives or community apartments projects, thus
upgrading the housing stock. (Ords. 12-95; 20-82 ; 38-80:
Prior Code 17.84. 010; 17.83.010)
B. Minimum Number of Units Required. A minimum of five units is
required for the conversion of existing multiple family
housing to condominiums. (Ords. 12-95; 20-82 : Prior Code
17.84. 015)
C. Application Requirements. An application for the conversion
of existing multiple family residential rental housing to
condominium shall consist of the followinq:
1. Tenant Notification. The applicant shall demonstrate
compliance with California Government Code Section
66427.1 that includes requiring tenant notification of
the intent to convert 60 days prior to the filing of a
11/95) 578-60
ORANGE MUNICIPAL CODE
17. 30.040
condominium conversion application and grants exclusive
right to the tenant to purchase their respective unit
within 90 days from the date of the issuance of the
subdivision public report. Compliance to any other state
regulations shall also be demonstrated, when applicable.
2. Tentative Subdivision Map. A tentative subdivision map
for condominium purposes shall be filed as provided for
in Title 16 of the Orange Municipal Code.
3. Development Plan and Property Description. Site and floor
plans and a landscaping plan shall be submitted,
accompanied by a written description of the property and
units to include:
a. The location and size of the property;
b. The number of dwelling units contained upon the
property, and the square f.00tage and number of rooms
contained in each unit;
c. The type of common areas, facilities and amenities;
d. The general layout and loeation of all units, common
areas, common amenities, outdoor storaqe areas,
laundry facilities, and parking areas; and,
e. The areas that do not comply with zoning ordinance
requirements at the time of application.
4. Tenant Information. The applicant shall provide the
following tenant information. This requirement may be
modified, when it is demonstrated that this information
is not available.
a. The names and addresses of all tenants at the time of
the application's submittal on three sets of gummed
labels for the purpose of notifying such tenants of
relevant public hearings;
b. The makeup of the existing tenant households,
including family size, length of residence, age of
tenants;
c. The current rents for each unit including the date
and amount of the last two rent increasea; also
include whether tenants receive Federal or State
rental subaidies; and,
d. The proposed sales price of all units, discounts or
bonuses for existinq tenants, finance terms including
down payments and monthly payments, monthly
maintenance or homeowner's association fees and any
other relevant terms of sale.
5. Tenant Provisions. Sy requesting a conversion of rental
units to condominiums, the applicant shall agree to
adhere to the requirements, and to provide the benefits
specified below:
578-61 11/95)
ORANGE MUNICIPAL CODE
17. 30. 040
a. Tenant Relocation Plan. The applicant shall submit a
relocation plan to assist the existinq tenants in
finding suitable replacement rental housinq. The
relocation plan shall include:
i. A compensation proposal for displaced tenants.
The applicant shall pay displaced resident
household joint tenants a relocation assistance
payment based on the length of tenancy of
whichever tenant has been a resident lonqer.
Payment shall be consistent with the following:
0-3 months tenancy - no compensation
3-6 months tenancy - 1/2 months current rent
6-9 months tenancy - 1 months current rent
9-12 months tenancy - 1-1/2 months current rent
12 months or more tenancy - 2 months current rent
ii. "Special protection" for the qroups defined below.
Special protection" includes assistance in
helping the tenant find comparable rental housing,
and either increased relocation assistance
payments of 50$ above that given to tenants of
comparable rental units and tenancy not entitled
to "special protection„, or the addition of one
year of tenancy in order to seek an available
housing unit.
a) The elderly, defined as a person 62 years of
aqe or older.
b) The disabled, as defined in United States
Code, Title 42, Section 423.
c) Handicapped person, as defined in the
California Health and Safety Code, Section
50072; and,
d) Low-income individual or family, defined as
those households earning 80 or less of the
median income of Oranqe County as periodically
updated by the Department of Housing and Urban
Development.
b. No Increase in Rents. A tenant's rent shall not be
increased for two years from the time of the filing
of the tentative map until relocation takes place or
until the subdivision is denied.
c. Notice to New Tenants. After submittal of the
tentative map, the applicant shall notify any
prospective tenants in writinq of the intent to
convert prior to leasing or rentinq any unit.
11/95) 578-62
ORANGE MUNICIPAL CODE
17.30. 040
d. Extension of Tenancy. The applicant shall offer a
60-day extension of tenancy after the expiration of a
lease or rental agreement that would expire prior to,
or at the time of, commencement of sales or the
issuance of the final public report by the Real
Estate Commissioner.
e. Termination of Leases and Rental Agreements. The
applicant shall permit a tenant to terminate any
lease or rental agreement without any penalty
whatsoever after notice has been given of the
intention to convert it such tenant notifies the
applicant in writing 3(1 days in advance of such
termination.
f. Students. The applicant shall allow a time extension
in order to permit a tenant, who is a student, to
complete a school semester. or quarter. (Ords. 12-95;
20-82; 38-80: Prior Code 17.84. 020, 040; 17.83.020;
040)
D. Application Review Procedure. An application for the
conversion of existing multiple family housing to
condominiums via a tentative subdivision map shall be
reviewad and recommended upora by the Planning Commission,
with final review and determination to be made in a public
hearinq by the City Council. The final subdivision map
shall be reviewed and approved by the City Council prior to
recordation. The City will notify all tenants ten days
prior to the date of all relevant public hearings relating
to the condominium conversion application. (Ords. 12-95;
20-82; 38-80: Prior Code 17.84.060; 17.83.060)
E. Condition of Final Subdivision Map Approval. The applicant
shall agree to provide the followinq documentation to the
City as a condition of approval for the final map. This
documentation is also to be included in the final report to
the Department of Real Estate.
1. Physical Elements Reports. The City of Orange Building
Official shall review all reports on the project's
physical elements and may reqr,iire revision and
resubmittal if he finds substantial evidence that any
statement therein is unreliab:le. The Building Official
may require improvements based upon such reports if he
determines the building to present a threat to public
health, safety or welfare. The Physical Elements Reports
shall include:
a. A property report describ:ing the condition and useful
life of the roof, foundat'ions, mechanical,
electrical, plumbinq and structural elements of all
578-63 11/95)
ORANGE MUNICIPAL CODE
17. 30.040
existing buildinqs and structures. The report shall
be prepared by a registered civil or structural
engineer, or a licensed general building contractor
or general engineering contractor.
b. A structural pest report prepared by a licensed
structural pest control operator pursuant to Section
8516 of the Business and Professions Code, relating
to written reports on the absence or presence of
wood-destroying pests or organisms.
c. A geotechnical subsurface investiqation report
indicatinq any known soil and geoloqical conditions
reqarding soil deposits, rock formations, faulte,
groundwater and landslides in the vicinity of the
project and a statement regardinq any known evidence
of soil problems relatinq to the structures.
Reference shall be made to any previous soils reports
for the site, of which a copy shall be submitted with
said report. The report shall be prepared by a
licensed civil enqineer with expertise in soils
engineerinq.
d. A report detailing the method of complying with the
physical standards listed below:
i. Buildinq Standards. The project shall conform to
the Uniform Housing Code as determined throuqh an
inspection by a City of Orange Building Inspector.
ii. Fire Prevention. Each livinq unit shall be
equipped with an approved smoke detector, mounted
to give access to rooms used for sleepinq
quarters. All fire protection equipment shall be
retained in an operable condition at all times.
All fire protection equipment, including the water
delivery system, ahall be upqraded as determined
by the City of Orange Fire Department.
iii.Utility Metering. Each dwelling unit shall be
separately metered for gas and electricity. A
plan for equitable sharinq of communal water
metering shall be developed prior to final map
approval and included in the covenants,
conditions, and restriotions. In such cases where
the applicant can demonstrate that this standard
cannot or should not reasonably be met, this
standard may be modified by the Building Division.
iv. Noise Standards. A11 permanent mechanical
equipment, includinq domestic appliances, which is
determined by the Buildinq Official to be a source
of potential vibration or noise, shall be shock
mounted, isolated from the floor and ceiling, or
otherwise insulated in a manner approved by the
Buildinq Official to lessen the transmission of
vibration and noise.
11/9!5) 578-64
ORANGE MUNICIPAL CODE
17.30.040
v. Building Security. All projects shall be upgraded
to meet the requirements of the Building Security
Ordinance as outlined :in Orange Municipal Code
Chapter 15.52 , and other security requirements
that relate to the concepts of crime prevention
through environmental design.
2. Covenants, Conditions and Restrictions (C, C & R's) . The
applicant shall prepare a declaration of restrictions
which may provide, among other things, those powers,
duties, rights and obligations set forth in Civil Code
Section 1355, and such declaretion shall meet the
reasonable requirements of the City Attorney that may
include provisions:
a. That the association is responsible for maintenance
and landscaping of all common areas and that such
maintenance shall be performed to the standard of
maintenance that is prevalent in the neighborhood.
b. That restrict the use of a residential unit to single
family residential use.
c. That provide for City enforcement of City and other
public traffic and parkinq laws and ordinances on
private etreets, under Sections 21107 .5 or 21107 .7 of
the California Vehicle Code, if the City, in its
discretion, determines that such enforcement is
required (in addition to other remedies that may be
available to unit owner.s and the Home Owner's
Association) .
d. That insure that criminal remedies against invasions
of privacy such as those provided by Section 647 (q)
and (h) of the Penal Code that are available to non-
condominium owners sha l also be available to
condominium owners.
e. That each unit owner shall. have full access to
commonly owned areas, facilities and utilities.
f. That the Homeowner's Association shall have the right
of entry upon any privately owned unit, where
necessary, in connection with construction,
maintenance or repair for the benefit of the common
area or the owners in common.
g. That each privately owned unit shall give to an
adjacent unit easement rights to enter its unit,
given adequate notification, in order to effect
necessary repairs to the property of such adjacent
units.
h. That the commonly owned recreational area is non-
buildable except for recreational purposes and such
limitation shall also be set forth on the airspace
map.
578-65 11/95)
ORANGE MUNICIPAL CODE
17. 31). 040
i. That enable the Homeowner's Association or the Board
of Directors to levy reasonable fines for violations
of the covenants, conditions and restrictions or
rules issued thereunder and where finea remain
unpaid, have the power to treat such unpaid fines as
unpaid assessments.
j . That the terms of the declaration of reatrictions
shall insure to the benefit of the City of Orange.
k. That the orqanizational documents shall allow the
association to terminate the contract of any person
or organization engaged by the developer to perform
manaqement or maintenance duties, three months after
the association assumes control of the condominium
conversion project or any time thereafter.
1. That create a special fund of money in an amount to
be determined by the Department of Public Works and
conveyed in perpetuity by the applicant to the City
to effect emergency repairs or maintenance to
privately owned sewer systems, other plumbing
systems, or utilities. (Ords. 12-95; 20-82; 38-80:
Prior Code 17.84.030, 050)
F. F'indings. In determininq to approve or conditionally approve
a condominium conversion application, the followinq findings
m.ust be made by the reviewing body to justify the approval.
1. The project has met the provisions and is consistent with
the expressed purpose and intent of this ordinance.
2 . The project is conaistent with the City of Orange General
Plan.
3 . The project will not cause a deterioration to surrounding
land uses or create special problems in the community.
4 . The off-street parkinq for residents and visitors as well
as the vehicle circulation is adequate.
5. There is an adequate supply of available rental housinq
in the area and in similar rental range; both determined
by the City Council as being adequate to provide rental
housing for the income qroup displaced, while also
considering other factors such as rental vacancy rates,
raw rental construction, population growth and reductions
in the rental stock.
6. The proposed project does not severely diminish the
rental housing stock.
11/95) 578-66
ORANGE MUNICIPAL CODE
17. 30. 040--17. 30. 050
7'. The tenant relocation plan submitted by the applicant is
adequate.
E;. There will be an effective homeowner's association
established.
5. The rehabilitation or structural repairs help to upgrade
the City's housing stock.
o. Any public improvements, poured driveways, parking areas
or landscaping are upgraded or repaired as needed.
Ords. 12-95; 20-82; 38-80: Prior Code 17.84.060;
17.83.060)
7. 30.050 Doa Kennels.
A. The use tables contained in Chapter 17. 14 through 17.26 of
t:his Title indicate the zones in which doq kennels are
ermitted by conditional use permit. Those zones include the
P.,1, M1 and M2 Districts. (Ord. 12-95)
B. C'onditional Use Permit Required. A conditional use permit
s,hall be required for the establishment of a new kennel, the
e tpansion of an existing kennel, or the construction or
e xpansion of residential units to be used in conjunction with
a. kennel. (Ords. 12-95; 20-82; 17-80; 27-66: Prior Code
1.'7.86.020; 17.80.020)
C. G uidelines to be Used in Conditional Use Permit Review. The
f'ollowing development standards shall be considered by the
F lanninq Commission in its review of a conditional use permit
a.pplication for a kennel. These standards are not mandatory
c:onditions but shall be applied as the Commission sees
n ecessary to ensure the proposed kennel will not adversely
a.ffect surrounding land uses. Lack of compliance with any
c ne of the standards may be a cause for denial by the
C'ommission.
1 . Site Coveraqe. Kennel facilities, includinq all runs,
feeding areas, grooming cente:rs, storage areas, drainaqe
paths, and offices should not occupy more than 30 percent
of the total area of the property.
2 . Animal Population Density. The animal population density
shall not exceed 200 dogs per acre of property set aside
for the animal runs.
3 . Setbacks. All kennel facilities should be set back a
578-67 11/95)
ORANGE MUNICIPAL CODE
17. 30.050
minimum of ten feet from any property line not abutting
another kennel.
1 . Cooling. Kennel facilities should be cooled with
electric fans, shade trees, or covered segments of the
run.
i. Separation. A minimum 24 inch hiqh masonry wall should
separate adjacent runs.
E. Walls. A six foot high masonry wall, as measured from
the high grade side of the wall, shall be erected to
obscure views of the animal run areas from adjacent
properties.
i'. Additional Conditions. The Planninq Commission may
specify additional conditions as it determines to be
necessary to achieve land use compatibility. (Ords.
12-95; 20-82; 17-80; 27-66: Prior Code 17.86. 020;
17.80.020)
D. N[andatory Conditions. The following standards are mandatory
x•equirements for all kennels:
Doq Kennel Construction. Construction standards, area
and sanitation shall conform to requirements specified by
the Oranqe County Animal Control for licensinq of
kennels.
2 . Premises Attended. At least one person employed by the
kennel shall be on the premises at all times of the day.
3 . Sound Attenuation. Kennel facilities shall conform to
Chapter 8.24 (Noise Control) of the City of Orange
Municipal Code. Methods to provide soundproofing may
include applying sound absorbing materials to the faces
of buildings and walls and providing enclosed sleepinq
quarters to house the dogs at niqht. (Ords. 12-95;
20-82; 17-80; 27-66: Prior Codes 17.86. 030.A-D;
17.80.030)
E. C ounty Review. Kennels shall maintain a current license
issued by the Orange County Animal Control. (Ords. 12-95;
20-82: Prior Code 17.86. 040)
F. R.evocation of Use Permit. Repeated or serious violation of
the these regulations or conditions of approval shall
constitute grounds for revocation of the Conditional Use
Permit. (Ords. 12-95; 17-80: Prior Code 17.84.050)
11/S5) 578-68
ORANGE MUNICIPAL CODE
17 .30.060
1.7 .30. 060 Automobile Service Stations.
A. I ocations Permitted. The use tables contained in Chapters
1.7. 18 through 17.20 of this Title indicate the zones in which
a.utomobile service stations are permitted by right or upon
issuance of a conditional use permit. (Ords. 12-95; 20-82 :
F rior Code 17.88.010)
B. P rohibited Accessory Uses. The followinq uses are
specifically prohibited in connection with automobile service
station uses: body painting and repair; rental or storaqe of
t.railers containing more than a single axle or tandem wheel;
repair, rental or storaqe of trucks exceeding one ton and
other heavy equipment, sale of new or used vehicles, auto
wrecking. (Ords. 12-95; 2-89, 4-88; 20-82 : Prior Code
17.88. 030.A)
C. Storage of Merchandise Regulations. All merchandise shall be
stored and displayed within the service station building with
the exception of tires, batteries, automobile accessories,
automobile lubricants other than fuel dispensing equipment.
Such items shall be displayed only on movable or closable
aabinets or racks especially desiqned for the display of such
itema. A maximum of two movable racks for the display of
tires is permitted, and such tire racks shall be located no
m ore than ten feet from the service building. (Ords. 12-95;
2-89: Prior Code 17.88. 030.B)
D. R.ental Vehicles and Trailers.
1. Rental vehicles and trailers not specifically prohibited
under Subsection B above shal:l be permitted only as a use
clearly incidental and accessory to service station
operations.
2 . Areas used for the display of rental vehicles and
trailers shall not be located between any street right-
of-way line and the setback l.ine, over any area of
required parking or within any area needed for on-site
circulation. (Ords. 12-95; 2-89: Prior Code 17.88. 030.C)
E. R.emodeling or Reuse of Idle Service Stations. All
applications to remodel or reopen an idle service station, as
defined by Section 17 . 04. 038 of this Title, ahall be subject
to the approval of the Staff Review Committee. The Staff
R.eview Committee shall require the applicant to submit a
precise plan of the development. The precise plan shall be
approved only if all current development standards of the
578-69 11/95)
ORANGE MUNICIPAL CODE
17. 3C. 060
underlying zone are adhered to. All development shall be
performed in accordance with approved plans. (Ords. 12-95;
20-82 : Prior Code 17.88.020.A)
F. Conversion of Service Station to Another Use. All
applications to convert any portion of an active or idle
service station to another use shall be subject to minor site
plan review by the Staff Review Committee. The following
shall apply:
1. The Staff Review Committee shall require the applicant to
submit a precise plan of development. The plan may be
approved if it conforms to all development standards of
the underlyinq zone and criteria site plan review. All
development shall be performed in accordance with the
approved plan.
2. Before approvinq an application, the Staff Review
Committee may require the removal of pump islands,
canopies, service bays, signs, and other features and
structures associated with service station uses. (Ords.
12-95; 20-82: Prior Code 17.88 .020.B)
11/95) 578-70
ORANGE MUNICIPAL CODE
17.32--17.32 .020
CHAPTER 17.32
SAND AND GRAVEL EXTRACTION DISTRICT
Sectilons:
17.32.010 Purpose and Intent
17. 32. 020 Permitted Uses
17.32. 030 Prohibited IIses
17. 32 .040 Special Use Regulations
17. 32.050 Petition for Rezone to SG District - Filing
Requirements
17.32. 060 Operational Standards, Generally
17. 32 . 070 Rehabilitation Standards
17. 32. 080 Recording of Plans with County Recorder
17. 32. 090 Nonconforming Existing Operations, Time for
Compliance
17 32 O10 Purpose and Intent. These regulations are
established to provide for the commercial extraction and
proce ssinq of natural resources in a manner that is most
benef`icial to the citizens of the City. Sand, qravel, earth, and
simi].ar materials can be excavated only where they have been
depoecited by nature, which in some instances may be close to
exist:ing or planned urban development. These regulations are
interided to ensure compatibility between extraction operations
and a djacent uses in a manner that will minimize adverse effects
cause:d by the uses permitted. It is also the intent of these
regul.ations to provide assurance that as soon as it is feasible
to da so that excavated areas will be maintained or modified in
order to guarantee that the property will be suitable for a
usefuil purpose. (Ords. 12-95; 54-73 ; 69-62 : Prior Code
17.50.010; 17.56.010)
17.32 .020 Permitted Uses. Table 17.32 . 020 lists all uses
permitted (P) , permitted by conditional use permit (C) , permitted
as an accessory use (A) , permitted as an accessory use subject to
special use regulations (A*) outlined in Section 17. 32 .040, and
not p ermitted (-) in the Sand and Gravel(SG) Extraction District.
All u.ses are subject to the specific development and performance
stand.ards outlined in Sections 17. 32 .050 and 17. 32 . 070. (Ords.
12-95; 20-82; 54-73; 69-62 : Prior Code 17 .50. 020; 17 .56.020)
578-71 11/95)
ORANGE MUNICIPAL CODE
17. 3:t. 020--17. 32. 040
TABLE 17. 32 . 020
SAND AND GRAVEL DISTRICT USE REGULATIONS
LfSE SG
P griculture or horticulture activit P
Etackfilling, with inert materials P
C:aretaker's residence A*
C:ement or concrete mixing or batchin lant C
I,andfill (sanitary) C
N[anufacture from raw materials extracted on site C
I+[ininq, quarrying, extraction or storage of raw P
a ineral products (including sand, gravel, rock,
c:la , etc.
I+[oving an existing atructure or buildinq onto a A*
s,ite from another location
F arks; public or private C
F oultry farm
P:epair ahops, garaqes or covered storage bins, or A
c ther accessory structures
S'tructures and mechanical equipment associated with A
such a use
Key: P = Permitted Use
C = Conditional Use Permit
A = Accessory Use
Not Permitted
Use subject to special provisions
17.32.030 Prohibited Uses. Any use not listed in Table
17. 3:! . 020 as a permitted use, conditi.onal use, or accessory use
is pi-ohibited. However, the Communit:y Development Director shall
have the authority to determine whether an unlisted use
subst:antially conforms to the intent of this chapter. (Ords.
12-9°i; 54-73: Prior Code 17.50. 050)
17 . 32 .040 Special Use Regulations. Permitted and accessory
uses marked with an asterisk (*) in Table 17 .32 .020 are permitted
subje ct to the followinq use regulati.ons:
A. Caretaker's residence requires minor site plan review
approval by the Staff Review Committee as described in
Section 17.10.060 of this Title.
B. M:ovinq an existing structure or buildinq onto a site from
another location requires minar site plan review approval by
the Staff Review Committee as described in Section 17.10. 060
af this Title. (Ords. 12-95; 54-73 : Prior Code 17. 50. 030;
17.56. 030)
11/5 5) 578-72
ORANGE MUNICIPAL CODE
17. 32.050
17 .32. 050 Petition for Rezone to SG District - Filinq
e u .rements. Any petition for a zone change that would place
propE!rty in the SG (Sand and Gravel Extraction) District shall be
siqne:d by all holders of easements, lessees and owners of record
of al.l property included within the petitioned area. Any request
by ttie property owner to continue any existinq operations
permi.tted by this section that were existing at the time this
secti.on became effective shall be accompanied by the following
documents, plans, and materials:
A. L egal Description. A legal description of the entire
property upon which SG zoning is sought.
B. Plan of Operations. A General Plan of Operationa, including
the following:
1. A plot plan of the entire property drawn to scale and
showing contour intervals of not more than five feet,
defining the location and showinq the perimeter of the
area(s) to be excavated. The plot plan shall also show
the locations of any existinq structures, watercourses,
levees, drainage facilities, underground utilities and
roads or improvements adjoining the property;
2 . A vehicular access plan, which shall be designed in such
a manner as to result in a minimum amount of additional
vehicular traffic over local residential streets;
3 . A topographic map prepared by a registered civil enqineer
or licensed surveyor or licensed photoqrammetric surveyor
and a complete report of a comprehensive soils
engineering and engineerinq geologic investigation
prepared by a registered civil engineer and/or reqistered
engineering qeoloqist. The topoqraphic map shall be
accompanied by a written report that sets forth probable
volume and depth of overburden and nonusable material;
4. A description of the proposed operation during all
phases, includinq a schedule that shows an approximate
starting date, increments of extraction and the sequence
in which such increments will progress. The plan shall
also show approximate future locations of any machinery
or processing equipment (excluding vehicles) that would
be relocated during the excavation operations. The plan
shall also indicate the precise location of any permanent
buildings and structures, processing plants or other
appurtenant equipment, storage of topsoil and overburden,
578-73 11/95)
ORANGE MUNICIPAL CODE
17. 3'1. . 050
stockpiles, parking areas, and required setbacks,
fencinq, berms and screen planting. Where operations
include the washing of sand and gravel, the estimated
daily quantity of water required, its source and
disposition, shall be made a part of this description;
5. A plan showinq the location of proposed protective
works, settling basins, desilting ponds and other
bodies of water, including a description of provisions
to be taken for the conservation and protection of
ground water, the disposition of drainage and the
control of erosion;
6. A statement of estimated time required to conclude
excavation.
C. Ultimate Use Proposal. In order to provide assurance that
the land will be suitable to serve a useful purpose upon the
completion of excavation operations, an ultimate use
proposal shall be submitted, to include the following:
1. A topoqraphic map showing the approximate final
contours at intervals of not more than five feet. Such
map shall be drawn to scale and shall be of sufficient
detail to establish that the proposed ultimate use or
uses can be accomplished. The map shall also show the
location of all structurea, drainaqe facilities and
streets that are proposed to remain after the
completion of extraction operations.
2 . A statement and plan that describes, or illustrates,
one or more feasible ultimate uses for the property
upon the completion of excavation operations. Such use
or uses shall conform to the following requirements:
a. The proposed ultimate use or uses shall be
physically and economically feasible.
b. The proposed ultimate use or uses shall be
consistent with the general plan.
c. The proposed ultimate use or uses shall be
compatible with existing and permitted adjacent
uses.
3 . Any additional information or evidence that may be
helpful in explaining the proposed ultimate use.
4 . Any subsequent change in the ultimate use proposal or
proposals which affect the ultimate reuse of the site
shall be subject to the approval of a conditional use
permit by the City Planninq Commission.
11/95) 578-74
ORANGE MUNICIPAL CODE
17. 32 .050--17. 32.060
D. Rehabilitation Plan. In order to asaure that reatoration
proce:dures will commence and continue with excavation operations,
a reYiabilitation plan shall be submitted to include the
following:
1. A preliminary gradinq plan, ehowing the property as it
will be prepared for the installation or establishment
or the proposed ultimate use.
2. A phasing plan that shows how the area will be
incrementally restored to a natural condition when
excavation operations are completed in one area, and
moved to the next area.
3. A statement and plans describinq the proposed
rehabilitation methods and procedures, including but
not limited to the following:
a. Landscaping plans to be approved by the Directors
of Public Works, Community Development and
Community Services.
b. Drainage plans and facilities, slope stability and
erosion control plans to be approved by the
Director of Public Works. (Ords. 12-95; 1-80; 20-
78; 54-73 : Prior Code 17. 50.060; 17.56. 060)
17.32.060 Operational Standards, Generallv. All processing
and e:xcavating operations shall conform to all applicable plans
approved in accordance with the requirements of Section
17.3:! . 050, and with the atandards set forth by thia section.
A. Dust Control. All private truck roads connecting rock
quarries, procesaing plants or stockpiles shall be kept
wetted while being used or shall be oiled or hard surfaced
and maintained so as to control dust.
B. Setbacks.
1. Perimeter. No excavation activities shall be carried
on within 50 feet of the common property line of any
parcel of land not in the SG District, or any highway
or street.
2. Slope Areas and Waterways. No excavation activities
shall be carried on within 100 feet (at slopea
permitted in Section 17.32 . 060.C) or within 50 feet at
a 3 to 1 slope; from any property or riqht-of-way line
of a flood control channel, retarding or conservation
basin, either existing or whose precise location has
578-75 11/95)
ORANGE MUNICIPAL CODE
17. 3:>.. 060
been adopted by the Board of Supervisors of the Orange
County Flood Control District; provided, however, that
this regulation shall not apply to excavation
activities in the Santiago Creek between the Villa Park
Dam and its confluence with the Santa Ana River.
Setbacks in the Santiago Creek area shall be
established at such times as a precise alignment for a
flood control channel is adopted by the Board of
Supervisors.
3. Residential Property. No rock crushing plant or other
apparatus for the manufacture of rock, sand, or gravel,
except removal operations associated with excavation,
shall be located within 750 feet of the boundary line
of any residential district. If the crushing unit of
any rock crushing plant is placed below qround level,
such rock crushinq unit may be located 400 feet or more
from the boundary line of any such district.
C. Slopes. Unless the Director of Public Works determines that
less restrictive excavation methods may be permitted, no
production from an open pit shall be permitted which creates
a finished slope steeper than one and one-half feet
horizontal to one foot vertical (1. 5: 1) . If a steeper slope
than 1.5: 1 is allowed, an additional setback of the
excavation activities from adjacent properties will be
required.
D. Days and Hours of Operation.
1. Time Limits. With the exception of trucking,
distribution, sale, loading and unloadinq of products
and materials and equipment repairs, all processinq and
excavating activities permitted in Section 17. 32 .020
shall be limited to the days of Monday through
Saturday, inclusive, betwean the hours of 6:00 a.m. and
8:00 p.m. However, the Planning Commission may approve
operating hours of 6:00 a.m. to lo p.m. by conditional
use permit, upon the findinq that noise associated with
increased hours of operation will not be unreasonable
for nearby residents. The hours of operation may be
further controlled by Chapter 8.24 of the Orange
Municipal Code, which requlates noise levels.
2 . Exceptions. Hours of operation, aside from those
listed above, may be permitted upon prior notification
to the Director of Public Works, under the followinq
circumstances:
a. When requested by public agencies;
11/95) 578-76
ORANGE MUNICIPAL CODE
17 .32.060
b. When work requires a continuous pour of concrete;
c. When necessary due to public emerqencies.
E. insurance. Before commencing any operations, the operator
shall procure public liability insurance with coveraqe of at
least $1, 000,000 for personal injury to more than one
person, $500,000 for personal injury to only one person, and
100, 000 for damage to property, which insurance shall cover
all activities of the operator connected with the uses
permitted, and shall be kept in full force and effect at all
times durinq such operations.
F. Off-Street Parking Requirements. Off-street parkinq shall
be provided on the site for all equipment and for all cars
of employees. Operations in this zone ehall be exempt of
all other off-street parkinq requirements of this zoning
code. All off-street parking areas shall be oiled or hard-
surfaced, or wetted or graveled to minimize dust.
G. Screening.
1. Location. Extractinq and processing operations shall
be screened in such a manner that they are not readily
visible from adjacent public streets. An opaque screen
shall be installed and maintainad as necessary in order
to minimize such visibility. The operator may install
such screening either along the street or along the
perimeter of the visible portion of the area being
operated.
2. Height. The required screen shall have a total height
of no less than six feet. Where there is a difference
in elevation on the opposite side of the screen, the
height shall be measured from the highest elevation. A
screen shall conaist of one or a combination of the
followinq types:
a. Walls. A wall shall consist of concrete masonry
units, or veneer applied to a solid frame that is
a minimum depth of four inches.
b. Berms. A berm shall be constructed of earthen
materiala and it shall be landscaped.
c. Solid Fence. A solid fence shall be constructed
of wood and shall form an opaque screen.
d. Open Fences. An open weave or meah type fence,
when not used in combination with a berm, shall be
combined with plant materials to form an opaque
screen.
e. Plantinq. Plant materials, when used as a screen,
shall consist of dense everqreen plants to provide
578-77 11/95)
ORANGE MUNICIPAL CODE
17. 32. 060
a continuous opaque screen within 24 months after
implementation of a landscaping plan. Plant
materials shall not be limited to a maximum
height. The desiqn shall be prepared by a
licensed landscape contractor or an architect.
The Director of Community Development shall
require that either subdivision a, b, or c of this
subsection (G.2) shall be installed if, upon
twenty-four months after plant material is
installed, plant materiala have not formed an
opaque screen, or if an opaque screen is not
maintained.
f. intersections. Required screening shall be set
back at least twenty feet from the point of
intersection of a vehicular access way, or a
driveway, and a street; a vehicular accesa way, or
a driveway, and a eidewalk; and two or more
vehicular accesses, driveways or atreets.
g. Installation. Required screening shall be
installed prior to commencement of operations.
H. Posting of Siqns. Within 90 days after an area has been
reclassified to the SG District, and continuously
thereafter, the outer boundaries of the district shall be
posted with signs not less than 500 feet apart, and at each
change of direction of the boundary line in such a manner as
will reasonably give notice to passersby, statinq in letters
not less than four inches in heiqht: MTHIS PROPERTY MAY BE
USED AT ANY TIME FOR THE EXCAVATION OF ROCK, SAND, GRAVEL OR
CLAY, ROCK CRUSHING PLANT, OR ANY USE ALLOWED IN SG ZONE. "
The signs shall be made of wood or metal, to be maintained
in legible condition at all timea. The Community
Development Director may waive this requirement for good
cause shown.
I. Maximum Permitted Depth of Excavation.
1. Standard. The maximum permitted depth of any
excavation pit shall be 150 feet, unless otherwise
specified by the district symbol on the official 2oning
District Map.
2 . Exception. Where a number is shown above and separated
by a line from the district symbol, the number shall
desiqnate by vertical feet the maximum permitted depth
of excavations in the Sand and Gravel District.
Example: SG
11/S 5) 578-78
ORANGE MUNICIPAL CODE
17. 32.060
J. Excavation Below Water Table. Any excavations below
historic water tables intended to be refilled, shall only be
refilled in accordance with the provisions of the Orange
County Water Pollution Control Ordinance and the California
Regional Water Quality Control Board.
K. Fencing. Safety fencing shall be required and maintained in
accordance with the Sand and Gravel Extraction Code.
L. Arterial Highways. When a property in an SG zone is
traversed by a highway ehown upon the City's Master Plan of
Streets and Highways, the required right-of-way for such
highway shall not be excavated, and permanent structures
shall not be erected within the future right-of-way, and an
additional 50 feet on either side.
M. Ingress, Eqress and Traffic Safety. Access roads to any
premises are permissible only at points that have been
designated on the precise plan establishinq the SG District.
Road construction shall be level with the pavement of any
public street from which access is derived, and the adjacent
80 feet shall be paved. Adequate siqht distance shall be
maintained for traffic safety in compliance with the
standards and requirements of the Department of Public
Works.
N. Drainage.
1. Control. Surface drainaqe shall be controlled in a
manner meetinq the approval of the Director of Public
Works to prevent silt or loose material from fillinq
any existinq drainage course or encroaching upon
adjoininq property, rights of way, or other
improvements.
2. Natural Flow. All provisions to control natural
watercourses shall be desiqned to prevent overflow or
diversion of water away from the natural point of
discharqe. Such provisions are subject to review and
approval of the Chief Enqineer of the Orange County
Flood Control District and City Engineer.
O. Removal of Buildings and Equipment. All buildings and
equipment used in the excavat.ion or processinq of sand and
gravel, or in the administration of the sand and qravel
operations, shall be removed within six months of the
termination of activities on the property, unless the
buildings are utilized according to the Ultimate Use
Proposal.
578-79 11/95)
ORANGE MUNICIPAL CODE
17. 32.060--17. 32 .070
P. Noise and Vibration Control. All equipment and premises for
the conduct of the uses permitted shall be constructed,
maintained, and operated as to eliminate noise or vibration
to persons livinq in the vicinity. Internal combustion
engines shall be equipped at all times with mufflers in good
workinq condition. All excavation activities shall be
subject to Chapter 8.24 of the Oranqe Municipal Code,
regulating noise levels.
Q. Air Pollution Control. All operations shall be conducted in
compliance with all the requirements of the South Coast Air
Quality Management District. (Ords. 12-95; 54-73; 69-62:
Prior Code 17.50. 060-240; 17.56. 060-220)
17. 32 . 070 Rehabilitation Standards. The rehabilitation of
any :ite where operations have been permitted under this district
sha1:L conform to the applicable use permit and to the following
rehal ilitation standards.
A. Rehabilitation Schedule. Rehabilitation of each area shall
commence as soon as excavation operations have been
completed within this area, and the rehabilitation procedure
as required by the approved rehabilitation plan shall
commence and continue in a diligent manner prior to the
extenaion of excavation operations to a subsequent area.
B. Termination of Operations. If excavation has ceased for a
period of 24 months, upon ten day notice by mail to the
property owner(s) of record and the primary operator, the
Planning Commission may hold a public hearing to determine
whether the operations have been abandoned. The Planning
Commission may also determine whether remaining mineral
resources on the property should be conserved for ultimate
production in the public interest, and with a consistent
decision by the State's Bureau of Geology and Mines, the
amount of remaininq material does not justify a continued
period of inactivity.
For the purpose of the foregoing, it shall be prima facie
evidence of termination of operatione, without an active
extraction permit required by Division 9 of Title 7 of the
Codified Ordinances of the County of Orange, in effect for a
continuous period of 13 months.
C. Failure to Complete Rehabilitation - Public Hearing. Any
failure to complete the rehabilitation of the site in
accordance with the standards specified herein, and in
accordance with the approved plans, shall be unlawful and
11/Si5) 578-80
ORANGE MUNICIPAL CODE
17. 32.070
considered a public nuisance to the endanqerment of the
health, safety, and general welfare of the public, and a
detriment to the community.
D. Rehabilitative Work Done by City; Assessment Aqainst
Property Owners.
1. Execution. In addition to any other remedy provided by
law for the abatement, removal and enjoinment of such a
public nuisance, the City Council, after notice and
hearing as per Section 17. 08. 040, may cause the
necessary remedial and rehabilitative work to be done,
and the cost thereof shall be assessed against the
owners of the property.
2 . Notice. The notice shall be in writing and mailed to
all persons whose names appear on the latest equalized
assessment roll as owners of the real property, or as
otherwise identified by the City to be owners or
operators of the property. The Director of Public
Works shall also cause at least one copy of such notice
to be posted in a conspicuous place on the premises.
No assessment shall be held invalid for failure to post
or to mail or correctly address any notice if this
section hae been substantially complied with.
E. Cost of Work Done by City; Assessment. The City Council
shall make findings which specify the unlawful condition and
the corrective work required to be done, and, if said
corrective work is not commenced 30 days after receipt of
such order, diligently and without interruption prosecuted
to completion, the City may cause such work to be done. The
cost and expense of such work, including the incidental
expenses incurred by the City, will be assessed aqainst the
property and become a lien upon such property.
F. When City to Proceed With Work, Report by Director of Public
works.
1. Implementation. If, upon the expiration of the 30 day
period provided for in Section 17. 32 .070.E, the work
has not been commenced, or is not being prosecuted with
diligence, the City may proceed to execute the project.
Upon completion of such work, the Director of Public
Works ahall file a written report with the City Council
setting forth the fact that the work has been completed
and the cost to be assessed.
578-81 11/95)
ORANGE MUNICIPAL CODE
17. 32 . 070--17. 32.080
2. Notice. The City Council shall thereupon fix a time
and place for hearing protests against the assessment
of the cost of such work. The City Clerk, as directed
by the City Council, shall thereafter qive notice in
writing to the owners and operators of the property of
the hour and place that the City Council will paes upon
the report and will hear protests against the
assessments. Such notice shall also set forth the
amount of the proposed assessment.
3. Consideration. Upon the date and hour set for the
hearing of protests, the City Council shall hear and
consider the report from the Director of Public Works
and all protests, if there be any, and then proceed to
confirm, modify or reject the assessments.
G. List of Assessments Sent to Tax Collector. A list of
assessments as finally confirmed by the City Council shall
be sent to the County tax collector for collection. If any
assessment is not paid within ten days after its
confirmation by the City Council, the Clerk of the City
Council shall cause to be filed in the office of the County
Recorder of the County of Orange a notice of lien.
H. Assessment Lien on Property. From and after the date of
time recordation of such notice of lien, the amount of the
unpaid assessment shall be a lien on the property against
which the assessment is made, and such assessment shall bear
interest at the rate of six percent per year until paid in
full. Such lien shall continue until the amount of the
assessment and all interest thereon shall have been paid.
The lien shall be subordinate to tax liens and all fixed
special assessment liens previously imposed upon the same
property, but a priority over all contractual liens and all
fixed special assessment liens which may thereafter be
created against the property. From and after the date of
recordation of such notice of lien, all persons shall be
deemed to have notice of the content thereof. (Ords. 12-95;
54-73 : Prior Code 17. 50.250 - 17.50. 310; 17.56.250, 320)
17. 32 .080 Recordina of Plans With Countv Recorder. A legal
description, the rehabilitation plan, a General Plan of
Opera.tions, ultimate use proposal, and ordinance adopting the
zone chanqe shall be recorded with the Orange County Recorder by
the a.pplicant prior to commencement of operations on the site.
Ords,. 12-95; 54-73 : Prior Code 17 . 50. 330)
11/95) 578-82
ORANGE MUNICIPAL CODE
17.32.090
7 32 090 NonconforminQ Existina Operations Time for
Como:liance.
A. Notice. Any existing operations made nonconforming by the
reclassification of the subject property to the SG District
or by the adoption of any amendment of the regulations of
the district may nevertheless continue to operate in the
nonconforming manner for a reasonable period of time
sufficient to amortize the private interest. Such a time
period shall be established by the Planning Commission at an
advertised public hearinq, to be held on notice to the owner
of the land and the operator of the excavation operation.
The owner, operator, or their agents may appear at the
hearing to present evidence on the issue.
B. Appeal. The decision of the Planning Commiaeion may be
appealed to the City Council in accordance with Section
17.08. 050. (Ords. 12-95; 54-73 ; 20-82 : Prior Code
17. 50. 330, 350)
578-83 11/95)
ORANGE MUNICIPAL CODE
17. 34--17 .34.020
CHAPTER 17. 34
OFF-STREET PARKING AND LOADING
sect.ions•
7L7. 34.010 Purpose and Intent
7L7.34.020 Applicability
L7.34. 030 Use of Required Parking Areas
7. 34 . 040 Restrictinq Spaces Unlawful
7. 34 .050 Parking Plan Required
17.34.060 Required Number of Parking Spaces
7.34.070 Parking Requirements for Uses Not Specified
17 .34. 080 Parking Requirements for Bicycles and
Motorcycleg
7. 34 . 090 Parking for Mixed Occupancies in a Building
7. 34.100 Parking Requirements for Shared Use
7.34.110 Parking Area Dimensions
7.34. 120 Parkinq Area Locational Requirements
7. 34 . 130 Maintenance and Operation of Permanent Parkinq
Areas
7. 34.140 Maintenance and Operation of Temporary Parking
Areas
7.34. 150 Loading Areas Required
7. 34. 160 Loading Areas for Non-Residential Uses
1.7. 34 . 170 Loading Areas for Residential Uses
1.7.34. 180 Loading Area Location
1.7.34. 190 Landscaping
1.7. 34.200 Transportation Demand Management
17 .34. 010 Purnose and Intent. The purpose of this chapter
is to establish regulations for parking and loading to ensure
that vehicle movement and loading activities do not interfere
with circulation on public riqhts-of-way or within required
parki.ng areas. (Ord. 12-95)
7.34. 02o Applicabilitv. The regulations of this chapter
appl} to every building hereinafter erected, reconstructed, or
struc;turally altered, and these regulations shall be the minimum
requi.rements for all off-street parking and loading.
Exception for Single-Family Residence. Any sinqle-family
dwellinq 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 25 percent or 500 square feet, whichever is
greater, are carried out. (Ords. 12-95; 32-89; 20-82; 15-65:
Prior Code 17.76. 010; 1.78. 010)
11/95) 578-84
ORANGE MUNICIPAL CODE
17 .34 .030--17. 34 .060
17. 34 .030 Use of Required Parkinq Areas. Parking facilities
whicY.i are required by this chapter shall be made permanently
avail.able and permanently marked and maintained for parking
purpc ses only. The storage of materials or other objects on
requi.red off-street parkinq areas shall be prohibited. (Ord.
12-9°)
17. 34.040 Restrictina Spaces Unlawful.
A. Spaces To Be Made Available. All parkinq spaces required by
this chapter shall be made permanently available for
automobile parkinq not only for employees working at the
location, but also for customers and quests having lawful
reason to be at the location. In the absence of prior
approval from the Community Development Director, it is
unlawful for any owner, lessee, tenant, or any person having
control of the operation of any premises for which parking is
required to prevent, prohibit, or restrict authorized persons
from using parking provided for such persons.
B. Approval Required for Access Obstruction. Restricting entry
to required parking areas by means of qatinq, fencing, or
other access obstruction may be permitted subject to minor
site plan review, in accordance with Section 17. 10.060.D.
Any such approval shall be based on incorporation of safety
design features including, but not limited to, adequate sight
distance, stackinq area, emergency access, and turnaround
areas. (Ords. 12-95; 32-89; 4-87; 20-82; 15-65; 34-59:
Prior Code 17.76.030; 17.78. 030)
7.34. 050 Parking Plan ReQuired. A plan of all proposed
parki.ng facilities shall be approved prior to construction by the
Community Development Department. The plan shall clearly
indic:ate the proposed development includinq a summary of required
parki.nq, location, size, shape, desiqn, curb cuts, curbs,
light:inq, landscaping, signs, and other features of the proposed
parki.nq facility. (Ord. 12-95)
7 .34.060 Reauired Number of Parkina Snaces. Tables
17. 34:. 060.A and 17.34. 060.B indicate the minimum required number
of pairking spaces which shall be provided. The following
regul.ations shall apply to the calculation of required number of
parki.ng spaces.
A. Fractional Numbers. Whenever the computation of the number
of required parkinq spaces results in a fractional parking
space, one additional parking space shall be provided for
578-85 11/95)
ORANGE MUNICIPAL CODE
17. 3 E.060
ane-half (0.5) or more fractional space, and any fractional
s;pace less than one-half (0.5) shall not be counted.
B. C'ompany-Owned Vehicles. The number of required parking
s,paces does not include parkinq spaces for company-owned
v ehicles. Parking for company-owned vehicles shall be
rovided in excess of the code requirements for a particular
l,and use.
C. H:andicapped Parking. Parking spaces for handicapped persons
s,hall be provided in accordance with the Federal and State
zequirements, and may be included as required parking.
Ords. 12-95; 32-89: Prior Code 17.76. 040)
TABLE 17.34.060.A
REQUIRED NUMBER OF PARKING SPACES
FOR RESIDENTIAL USES
USE REQUIRED NUMBER OF SPACES
Sing le-Family Housing and PUD's 2 enclosed garage spaces/unit
in R-1 Zone Districts accessed by a 12 foot wide 20
foot lon drivewa
R-2 Zone Districts 2 parking spaces per unit, one
of which shall be in an
enclosed ara e
ApaYtments, Condominiums, and Studio - 1.2 spaces/unit
PUDs in Multiple Family Zone One Bedroom - 1.7 spaces/unit
Districts Two Bedroom - 2 .0 spaces/unit
Three or More Bedrooms - 2 .2
spaces/unit
Of the above requirements a
minimum of one space per unit
shall be covered, and a
minimum of o.2 spaces per
unit shall be provided as
easily accessible and
distin ishable est arkin .
Boardinq House, Bed and Breakfast 1 space/rentable room, plus
Inns any other additional spaces
required by the underlying
zone
Student Housinq (Dormitory, 0.5 space/student res dent,
Fraternity, Sorority) plus 1 space/each resident
staff erson
11/95) 578-86
ORANGE MUNICIPAL CODE
17.34. 060
TABLE 17.34. 060.A
REQUIRED NUMBER OF PARKING SPACES
FOR RESIDENTIAL USES
Continued)
USE REQUIRED NUMBER OF SPACES
6. TraiLler Park, Mobile Home 2 spaces/unit, (1 of which shall
Par};be covered, where at least 2
sides of the carport shall be at
a minimum 50$ open and
unobstructed) plus 1 guest
space/3 trailers or mobilehomes
shall be provided as easily
accesaible and distinguiahable
guest parking. Tandem parking is
ermitted for the mobilehome.
TABLE 17.34 .060.B
REQUIRED NUMBER OF PARKING SPACES
FOR NON-RESIDENTIAL USES
USE REQUIRED NUMBER OF SPACES
ASSIIdFSLY USES
Churcti, chapel, religlous 1 space/4 seats, or 1 space/30
facili.ty, cemetery, mortuary sq. ft. of gross assembly area,
whichever is greater
18 inches of continuous bench
area = 1 seat
Cinemzis - Multiple Screen 1 space/5 seats, plus 7 spaces
for em lo ees
Cinemas - Single Screen 1 space/3 seats, plus 5 spaces
for em lo ees
Perfoz-mance Theaters 0.33 spaces/seat, plus 6
spaces/10 employees based on
maximum employee ehift
18 inches of continuous bench
area = 1 seat
Union Halls, Lodges, Clubs, and 1 space/30 sq. ft. of gross
other similar assembl uses assembl floor area
AUTOMOTIVE USES
Servic:e and Re air 3 s aces service ba
Car Wash Facility
a. F[and Detail and Hand Polish a. 3 spaces/service bay (service
bays maximum size, 18 ' long by
16 ' wide for single bay; 18 ' long
b 25' wide for double ba
b. f elf Service and Coin 2.5 spaces/wash bay (spaces may
C)perated be located in open pavement area
as long as on-site circulation is
not blocked
578-87 11/95)
ORANGE MUNICIPAL CODE
17.3. 060
TABLE 17. 34.060.B
REQUIRED NUMBER OF PARKING SPACES
FOR NON-RESIDENTIAL USES
Continued)
USE REQUIRED NUMBER OF SPACES
c. Automatic and Full Service 6 spaces for employee parkinq and
including hand dry) 5 spaces per car length of
internal car wash tunnel capacity
for dry off area (spaces may be
located in open pavement area as
long as on-site circulation is
not blocked) . Auxiliary uses
i.e. office, retail) calculated
separately.
d. Hand Wash & Hand Dry 2 spaces per car length of
internal car wash tunnel capacity
for employee parking plus 5
spaces per car lenqth of internal
car wash tunnel capacity for dry
off area (spaces may be located
in open pavement area as long as
on-site circulation is not
blocked) . Auxiliary uses (i.e.
office, retail) calculated
se aratel .
COMMERC:IAL USES - RETAIL AND
SERVICf.
Furniture Stores, Bulk Goods 2 spaces/1, 000 sq. ft. of indoor
GFA
General. Retail with less than 5 spaces/1, 000 sq. ft. of GFA
25,000 sq. ft. GFA If restaurant space occupies more
than 10 of total GFA, or if an
individual restaurant contains
more than 1, 000 sq. ft. , then
additional parking shall be
provided for excess restaurant
space beyond the 10$ or 1, 000 sq.
ft. The additional parking shall
be calculatad at the reataurant
rate
General. Retail with 25, 000 sq. ft. See Shopping Center - #9 below
or rea ter
Hotels and Motels 1 space/guest room, plus
additional parkinq as required
for auxiliar uses
Laundre mat 1 s ace 3 washin machines
11/9 5) 578-88
ORANGE MUNICIPAL CODE
17. 34 .060
TABLE 17.34.060.B
REQUIRED NUMBER OF PARKING SPACES
FOR NON-RESIDENTIAL USES
Continued)
US8 REQUIRSD NUlIBER OF SPACBS
outdoor Sales, including plant 1 space/1,000 sq. ft. indoor GFA,
nurseri as, lumber yards, car plus 1 space/1,o00 sq. ft. gross
sales, 3nd salva e ards outdoor retail area
Restauraints, includinq drive- l0 spaces/1,000 sq. ft. GFA for
thrus first 4,000 sq. ft. , then 14.2
spaces each 1, 000 sq. ft. GFA
above 4,000 s . ft.
Shoppin Center (25, 000 sq. ft. Parking shall be provided in
or qreaiter) accordance with the graph in
Figure 17. 34 .060.B, regardless of
tenant use, with the following
exceptions:
Cineaias in shopp nq centers 3 spaces/100 seats in addition to
with less than 100,000 sq. ft. Figure 17. 34 .060.B requirements
GFA
Cineaias in shopping centers No additional parking required
with 100,000 to 199,000 sq. ft. for first 450 seate, then 3
GFA spaces/100 seats for seatinq
above 450 seats
Cineaias in shoppinq centers No additional parking required
with 200,000 or more sq. ft. for first 750 seats, then 3
GFA spaces/100 seats for seatinq
above 750 seats
Offic:e space occupyinq less No additional parking required;
than 50 percent of total office space calculated the same
sho in center GFA as retail for the center
Offic:e space occupying more 4 spaces/1, 00o sq. ft. of office-
than 50 percent of total GFA in excess of 50 of total
sho in center GFA sho in center.
Restxiurant areas occupyinq more Parkinq shall be provided as
than 15 percent of total required above for restaurants
shopping center GFA for areas in excess of 15$ of
total sho in center.
EDUCATIONAL FACZLITIES
Da Care, Nurser School 2 s aces em lo ee
Elementar and Junior H h School 1.8 s aces classroom
Hi h School 8 s aces classroom
Trade School, Business School, 1 space/35 sq. ft. of
Adult Education instructional area GFA
Libraries Museums, Art Galleries 4 s aces 1, 000 s . ft. GFA
578-89 11/95)
ORANGE MUNICIPAL CODE
17.3 3.060
TABLE 17.34.060.B
REQUIRED NUMBER OF PARKING SPACES
FOR NON-RESZDENTZAL USES
Continued)
USE REQUIRED NUMBER OF SPACES
College or University 1 space/employee, plus 4
spaces/10 students based on
maximum classroom capacity
Parking for on-campus student
housing may be deducted from
requirements if commuter-only
lots are not available to student
residents. Also, due to unique
needs of colleqes, a conditional
use permit may be qrantad by the
Planning Commission where
different parkinq standards may
be 'ustified.
HEALTH CARE FACILITIES
Convalescent Hospital, Rest Home, 1 space/4 beds
Sanitarium
Hospitals (providinq acute care, 1. 5 spaces/patient bed
clinical and sur ical services
Medical Center (prov ding acute 3 spaces/patient bed
care, clinical, surgical,
teaching, research and office
services
Medical and Dental Offices 5 s aces 1,000 s . ft. GFA
Veterina Office 5 s aces 1,000 s . ft. GFA
INDUSTRI.AL USES
General :Manufacturing and 2 spaces/1, 000 sq. ft. GFA,
Processinq Uses inclusive of auxiliary office
area, plus 1 space per company-
owned vehicle.
Office space in excess of 25$ of
GFA shall be calculated
se aratel usin office rates.
Mini-Sto:rage Warehouse 4 spaces/1, 000 sq. ft. office
GFA, or 3 spaces, whichever is
reater
Research and Development 3. 3 spaces/1,000 sq. ft. GFA
Laborato:
Warehous es over 10 000 s . ft. 0.5 s aces 1,000 s . ft. GFA
OFFICE U;SES
Business and Professional (except 4 spaces/1, 000 sq. ft. GFA for
medical ffices)first 250,00o sq. ft. , then 3
spaces/each 1, 000 sq. ft. GFA
over 250, 000 s . ft.
11/95) 578-90
ORANGE MUNICIPAL CODE
17. 34 .060
TABLE 17. 34.060.B
REQUIRED NUMBER OF PARKING SPACES
FOR NON-RESIDENTIAL USES
Continued)
SE EQUIRED NUMBER OF SPACES
Financial Services (banks, 5 spaces/1, 000 sq. ft. GFA
savin s and loans, credit unions)
RECREATION USES
Arcades Pool Halls, Bin o Halls 5 s aces 1, 000 s . ft. GFA
Bowling Alley 3 spaces/lane, with auxiliary
uses calculated se aratel
Dance Halls 1 space/7 sq. ft. qross dance
floor area, with auxiliary uses
calculated separately
Golf
Driving Range 1 space/tee
Regulation Course and Pitch 9 spaces/hole
and Putt
1. 5 spaces/hole
Miniature
In addition to the above
requirements auxiliary uaes ahall
be calculated se aratel .
Gym, Spa, Health Club 5. 7 spacea/1,000 sq. ft. gross
recreation floor area
Skating Rink - Ice or Roller 10 spaces/1,000 sq. ft. qrose
recreation area, with other uses
calculated se aratel
Tennis/Racquetball Courts 3 spaces/court, with other uses
calculated se aratel
Key: GFA = gross floor area
578-91 11/95)
ORANGE MUNICZPAL CODE
17.34.060
Shopping Center Parking Requirements
H
j-Zr 6
t
4.9 9 49
a
as
tb
p u u
4
25 75 15U 3pp Spp 7pp
SO 100 200 400 600
Shopping Center Size TSF
Figure 17. 34.060.B
11/95) 578-92
ORANGE MUNICIPAL CODE
17. 34.070--17.34. 100
7 34 070 Parkinq Reauirements for Uses Not Snecified.
WherE the parking requirements for a particular use are not set
forth in Tables 17. 34. 060 (A) and 17.34.060 (B) , the parking
requilrements for such use shall be determined by the Community
Deve]Lopment Director. The director's determination shall be
base<i on the most comparable use specified in the tables. (Ords.
12-9°i; 32-89: Prior Code 17.76. 050)
7 34 080 Parkina Recruirements for Bicvcles and Motorcvcles.
All new construction of residential and non-residential uses
requi ring over ten parking spaces shall provide parking and
locki ng facilities for bicycles and motorcycles in the numbers
specilfied in Table 17. 34.080. Bicycle and motorcycle facilities
shal] be located within proximity to entrances. Bicycle racks
are <iefined to be storage facilities with lockinq capabilities
for a minimum of five bicycles.
TABLE 17. 34. 080
REQUIRED BICYCLE AND MOTORCYCLE PARKING
Number of Minimum Area Number of
Required for Bicycle Racks
Parking Motorcycles
S aces
10 - 50 50 s . ft. 1
50 + 300 s . ft. 2
Ords. 12-95; 32-89: Prior Code 17.76.060)
7.34. 090 Parkina for Mixed Occunancies in a Buildina. In
the c:ase of mixed uses in a buildinq or on a lot, the total
numbfar of required parking spaces shall be the sum of the
requiLrements for the various uses computed separately. Off-
streE,t parking facilities provided for one use shall not be
cons'.idered as providing required parking for any other use except
as s>ecified hereinafter for shared use. (Ords. 12-95; 32-89:
Prio Code 17.76. 090)
7. 34. 100 Parkina Reauirements for Shared Use. The owner or
lessEae of any property may apply via the conditional use permit
proceass to establish shared parkinq facilities. The application
sha1:L be considered by the Planning Commission, subject to review
of the following information:
A. 7'he applicant shall provide a description of the proposed and
e:xisting uses and the project relationship to the surrounding
airea.
578-93 11/95)
ORANGE MUNICIPAL CODE
17.34. 100--17.34. 110
B. 'Phe applicant shall provide an assessment of the square
Eootage and/or number of rooms/seats for all uses within the
project.
C. Phe applicant shall provide an assessment of the peak parking
iemand times for each use, the proximity to mass transit, and
the impact of on-site market support.
D. :Che applicant shall calculate the peak parking demand for
sach use, includinq peak hours of a weekday or evening,
ind/or weekend.
E. 'Che applicant shall sum hourly parkinq demands, as calculated
ibove, to arrive at a total peak hour parking demand volume.
Ords. 12-95; 32-89: Prior Code 17.76. 100)
17. 34. 110 Parkina Ar'pa nimPncinnra, The followillg milliIDum
parking area requlations are illustrated by Fiqure 17. 34.110.
Vari;ations in parking design criteria may be permitted subject to
a co nditional use permit approved by the Planning Commission.
A. ppen Parkinq Stall. Open parking stalls shall be not less
i:han eight feet six inches (8 ' 6") wide and 18 feet long,
e;xcept when adjacent to a wall which requirea a ten foot
y+ide stall.
B. Parallel Parkinq Stall. Parallel parkinq stalls shall be not
Less than nine feet wide and 24 feet long.
C. Ftesidential Garages. Residential garages shall maintain an
unobstructed minimum interior dimension of ten feet by 20
3'eet per space.
D. Ftesidential Carports. Residential carports/covered parking
hall consist of a solid roof structure or buildinq overhang,
cir combination of both, that completely covers a parking
E tall. Minimum vertical clearance shall be eight feet.
C:arports shall be screened from public view by screening
aiaterials not less than 42 inches in height. Screening may
c:onsist of solid walls, wood lattice work, or other
a rchitectural treatments. Carports adjacent to common
property lines shall have solid walls as specified in the
L niform Building Code.
E. F arkinq Structures. Parkinq stalls within parking structures
s,hall not be less than eiqht feet six inches wide and 18 feet
l.onq and such spaces shall be clear of posts or walls. When
s,paces are adjacent to a wall, they shall be ten feet in
w ldth.
11/SI5) 578-94
ORANGE MUNICIPAL CODE
17.34.110
F. I)rive Aisle Widths. Aisles to and from parkinq stalls shall
be not less than:
L. 13 feet wide for 30 degree parking with one-way
circulation only.
15 feet wide for 45 degree parking with one-way
circulation.
t. 19 feet wide for 60 degree parkinq with one-way
circulation.
E. 25 feet wide for 90 degrae parkinq.
i. One-way aisles shall be a minimum of 12 feet wide.
However, one way drive aisles providing back up area for
90 degree parking shall be a minimum of 25 feet wide.
Ei. Two-way aisles shall be a minimum of 25 feet wide.
G. I)rive Aisles Accessinq Arterial Highway. Drive aisles which
c btain direct access from an arterial highway shall have a
minimum width of 30 feet for conventional type entrances
reference City Engineering Plan No. 115) and 20 feet for
z•adius type entrances (reference City Engineering Plan No.
14) . In addition, the length of the entry aisle, as
measured from the back of the sidewalk, shall be a minimum of
3 0 feet long to allow storage space for two care.
H. C'urb Side Loadinq. Wherever a curb side loadinq area is
z•equired, the width of the affected drive aisle shall be
i.ncreased by ten feet to allow traffic to circulate around
v ehicles parking in the loadinq zone. (See Sections 150 -
1.80 of this chapter for applicable loading requirements. )
I. I:nterior Circulation Requirements. Circulation within a
parking area shall be designed such that:
1.. A car entering the parkinq area need not enter a street
to access another aisle.
2 . A car is not permitted to enter a atreet backwards except
within residential developments containinq three or fewer
units. However, in no case ahall a car be permitted to
back onto an arterial as determined by the City's Master
Plan of Arterial Highways.
3. All parkinq spaces and garaqes shall be accessible and
usable. Tandem parking is prohibited, except within the
MH (Mobile Home) District.
578-95 11/95)
ORANGE MUNICIPAL CODE
17.3 1. 110
4 . Driveways and/or turnaround aisles servinq ten or more
parking spaces shall not be dead-end aieles unless a
turn-around or back-up area is provided to the
satisfaction of the Community Development Director.
5. For all public and private parkinq areas, the desiqn of
all entrances and exits shall be subject to the approval
of the Community Development Director. (Ords. 12-95; 32-
89: Prior Code 17.76. 070)
P11l 0 Ki DIA GRAM
rwr Nn«w
J xa r xo zv s p.
r --w a• n•
TfiTm K
a
o`
w
O M
4 i'PR'JK 5G.
p1 11E A19LE ACCESS M111M1a PMW(Nfi
s
1' M'
1!' 25' 1!' ld' 13'3f'
C Y t 40
w°nva
M q 1!'
YirPf MrC/
01NE 01NE
BO
12'pS
e
q o
SOEM/ILK
fM111(Y IIN
rn x n Mqw j
ra a o so s aan war wonN
Figure 17. 34. 110.A
11/9!i) 578-96
ORANGE MUNICIPAL CODE
17 .34. 120--17. 34. 130
7.34. 120 Parking Area Locational Reauirements. The
following locational requirements shall apply to parkinq areas.
A. Ftesidential Uses. For all residential uses, all parkinq
1`acilities shall be located on the same lot or building site
ais the building they are required to serve. The parking
f'acilities shall not extend into any required yard area
zibutting a public street.
B. rfon-Residential Uses. For all non-residential uses, required
ciff-street parking shall be provided on the same lot or
parcel of land as the use the parking spaces are required to
e erve, on a contiguous site, or on a site located within 300
f°eet of the subject use. Where parkinq is provided on a site
cither than the site of the use served, a recorded document
tipulating the reservation of the site for parkinq purposes,
f`or the duration of the use, shall be filed with the
Iiepartment of Community Development prior to the issuance of
Y>uildinq permits. The document shall be signed by the owners
cif the alternate site, and shall be approved by the City
1!ttorney as to form and content prior to recordinq in the
nffice of the Orange County Recorder. (Ord. 12-95)
7.34. 130 Maintenance and Oggration of Permanent Parkina
ea:;. Every lot used as a permanent public or private parkinq
area shall be developed and maintained in the followinq manner:
A. S urfacing. Off-street parking areas and driveways ahall be
ourfaced with asphalt or Portland Cement concrete surfacing
c r other such materials as approved by the City Engineer in
a ccordance with standards on file in the office of the City
F.ngineer. The parking area and driveways shall be graded and
dlrained in a manner to dispose of all surface water.
S urfacinq and drainage shall be subject to approval by the
C'ity Engineer.
B. E order and Fencinq. Every parking area which abuta property
l.ocated in any R (Residential) zone district shall be
s;eparated from such property by a view-obscuring masonry wall
s;ix feet in height. Wall heiqht shall be measured from the
g rade of the finished surface of the parking area closest to
t:he contiguous R-zoned property or from the high qrade side
c f the parking lot. However, the wall shall not exceed 42
i.nches in height in any required front yard area. Also, no
Frall is required where the elevation of the parking area
a lonq the property line immediately adjacent to the R-zoned
property is six feet or more below the elevation of the R-
z;oned property.
578-97 11/95)
ORANGE MUNICZPAL CODE
17.3 4. 130
C. c.urbs. A six-inch curb shall be provided wherever the
parking area abuts a public walkway, landscaped area, street,
or alley.
D. Lighting. Lights used to illuminate the parking area shall
be directed away from any adjoininq property located in any
F2-zone in accordance with Section 17. 12. 030.
E. ;>triping. All required parking shall be clearly outlined on
t:he surface of the lot with paint or easily distinquishable
n aterial. Stripes shall be a minimum of four inches wide and
9.n a double stripe formation with a 14 inch space between
f:tripes (Figure 17. 34. 130.E) . Parking stall widths shall be
measured from the centerline of each double stripe.
I
wr
Fipun 17.94.130(E)
Fiqure 17. 34. 130.E
F. iilheel Stops. Wheel stops are not required but if used, shall
t e placed a minimum of 34 inches from the front end of the
parking stall.
G. C irectional Arrows. All parkinq facilities having more than
21 spaces shall provide directional arrows for all aisles and
aianeuverinq areas located within the parkinq area.
H. L andscapinq. In addition to required landscaped setbacks, a
m inimum of ten percent of the parkinq lot area shall be
landscaped and shall incorporate special design features
w hich effectively screen the parking lot areas from view from
a public street. Design features may includa landscaped
b erms, decorative walls, planting screens, raised plantera,
or similar screeninq devices which meet the intent of this
provision. Landscape borders, planters, and islands shall be
surrounded by a six-inch high curb to control drainage and
prevent erosion onto surroundinq surfaces, and shall have a
m.inimum width of four feet, as measured from the interior of
11/Si5) 578-98
ORANGE MUNICIPAL CODE
17. 34. 130--17. 34.140
t:he curbing. Landscaped areas shall be diatributed
1:hroughout the parking area, and landscaping shall be
nnaintained in a neat and healthy condition. Landscape plans
3ha11 comply with the City's Landscape Standards and
pecifications (Orange Municipal Code Chapter 16. 50) . (Ords.
L2-95; 32-89: Prior Code 17.76. 080)
l7 34 140 Maintenance and Overation of Temporary Parkina
Area;. Every lot used as a temporary public or private parking
area shall be approved by conditional use permit by the Planning
Comm:ission and shall be evaluated by the following criteria:
A. [>efinition. A temporary parkinq lot ahall mean any area
other than a street, alley, or other public property which is
intended for the parking needs of private enterprises or made
zivailable for use by the transient public for the parking of
ehicles on an overflow basis until permanent faailities are
tivailable.
B. 7Cime Limit on Use of Lot. The Planning Commission, in
eviewing requesta for temporary parkinq lots, shall limit
its approval to two years. An extension of up to one
dditional year to allow for completion of permanent
i`acilities may be granted by the Planning Commission only if
Eavidence is provided that the permanent facilities are near
r,ompletion. A decision by the Planninq Commission to deny a
equest for a temporary lot or an extension may be appealed
i;o the City Council, in accordance with Section 17. 08 .050.
C. Site Plan Required. Requests for temporary parking lots
hall be accompanied by a site plan. The site plan shall
c:onsist of a fully-dimensioned, scaled plot plan for the
Eantire property showing all existing structures and usea and
i:he proposed location of the proposed parkinq lot.
D. Development Standards. The following features ahall be
equired by the Planning Commission for temporary parking
Lots:
L. Landscaping. A landscaped street setback shall be
installed and maintained for the duration of the
temporary parkinq lot use. The depth of the landscaped
setback shall be consistent with that prescribed by the
underlying zone. A reduction of setback may be
considered when the adjacent parcels and the parcels
across the street from the temporary lot are under common
ownership with the subject parking lot. Landacapinq
shall include turf or other suitable qround cover and a
minimum of one 15 gallon tree for each 45 feet of street
frontage.
578-99 11/95)
ORANGE MUNICIPAL CODE
17. 34 . 140--17.34. 160
2. Pavement Section and Gradinq Plan. The pavinq section
and qrading plan requirements shall be determined by the
City Engineer and shall be based upon the anticipated
length of time the lot will be needed, the existinq soil
conditions, and the anticipated daily traffic the lot
will receive.
3 . Lighting. Lighting shall be provided for lots used after
dark and shall be maintained to a minimum level as
required by the Crime Prevention Bureau and consistent
with Section 17. 12.030. The lighting shall operate from
dusk to one hour past the close of business for which the
lot provides parkinq. Parking lot liqhtinq shall be
directed so as to not shine onto neiqhborinq residential
properties. The use of temporary liqht standarda is
acceptable.
4. Fencinq. No parking lot fencing is required. However,
consideration shall be mada for common property lines
with residentially zoned parcels as specified in Section
17. 18. 120.A of the Orange Municipal Code. (Ords. 12-95;
32-89: Prior Code 17.76.080)
L7.34 50 Loadina reas Rec red. In addition to off-street
parkinq areas, off-atreet loading spaces shall be provided as set
fortlh in Sections 17.34. 160 through 17. 34. 180. (Ord. 12-95)
17 34 160 LOdd1IIQ P reas f r Nnn-RnaiAential ttaaa ading
zone areas shall be provided for all new construction of non-
residential projects. The required lenqth of linear curb space
for :loading shall be as set forth in Table 17. 34. 160. Loading
area requirements may be modified throuqh the site plan or
cond.itional use permit process where it can be shown that the
requ:irements are inconsistent with the proposed use.
TABLE 17. 34. 160
LOADING SPACE SIZE
N umber of Required Minimum Width of Minimum Length of
Parkin S aces Loadin Zone Loadin Zone
1 - 50 10 feet 40 feet
51 - 250 10 feet 60 feet
250+ 10 feet SO feet
The ]Eollowing exceptions shall apply:
A. C:hurches, chapels, religious facilities, cemeteries, and
mortuaries shall provide 50 lineal feet of curb side loadinq
airea.
11/S>5) 578-100
ORANGE MUNICIPAL CODE
17 .34. 160--17.34.200
B. Fiotels and motels shall supply 50 lineal feet of curb side
Loading area. (Ords. 12-95; 32-89: Prior Code 17.76.070)
L7 .34. 170 Loadina Areas for Residential Uses. Loadinq areas
shal:l be required only for senior housing, as defined by Section
17. 1 4.280 of this Title. Loading area shall be provided as
spec.ified in Table 17. 34. 160. (Ord. 12-95)
17.34.180 Loadina Area Location. Loadinq areas shall be
loca ted ae follows:
A. For day care centers, nursery achools, medical offices,
hospitals, senior housing, and similar usea,
Loading/unloading areas shall be located as close as possible
i:o the main buildinq entrance.
B. ror retail, service commercial and professional office uses,
Loading/unloading areas shall be located as close as possible
i:o a back or service entrance.
C. T'or industrial uses, loading areas shall be located to
provide adequate maneuvering area between loading doors and
parking stalls, as determined by site plan review, and shall
not face onto a public street unless scraened from view.
D. ]Cn no case shall loadinq areas occupy required parking areas,
or back-up areas for required parking.
E. No loadinq area shall be situated in a manner that requires a
vehicle to back onto a street to enter or leave the loading
e rea. (Ord. 12-95)
17. 34. 190 Landscaning. Landscapinq shall be provided as
required by Orange Municipal Code Seotion 16.50 (Landscaping
Standards and Specifications) . (Ord. 12-95)
L7. 34.200 Transvortation Demand Manaqement. New commercial
and industrial developments resulting in employment qreater than
100 ;persons are required to have a Transportation Demand
Mana gement Proqram. Such program can include provisions on
parking lot design and layout that reduce the impact of traffic
on t:he City's transportation system (Chapter 17.40) . (Ords.
12-95: Prior Code Chapter 17 .77)
578-101 11/95)
ORANGE MUNICIPAL CODE
17.3i5--17.36. 010
CHAPTER 17. 36
SIGN REGULATIONS
Sect:Lons:
7.7.36. 010 Purpose and Intent
7.36.020 Design Approval
7. 36.030 Building Permit and Inspection
7.36.040 Prohibited Signs
7.36. 050 Prohibited and Restricted Locations
1.7. 36.060 Signs General
1.7.36. 070 Freestanding Signs
1.7.36. 080 Wall Signs
1.7. 36.090 Wall Signs for High-Rise Buildings
1.7. 36.100 Automobile Service Station Signs
17 .36. 110 Residential Signs
17. 36. 120 Office Professional Signs
17. 36. 130 Subdivision Signa
17. 36.140 Special Promotion Siqns
17. 36. 150 Special Purpose Sign Requlations
17.36. 160 Abatement of Non-Conforminq Signs
7.36.010 Purpose and Intent. These requlations governing
signs (not located in public right-of-way) are established in
order to:
A. Accommodate the community's need to express commercial,
political, civic, public service, religious, and other
messages with the minimum of restraint;
B. Recognize the function of signs in the City of Orange, to
provide for their inclusion within the comprehensive zoning
ordinance of the City, and to requlate and control all
matters relatinq to such signs;
C. Protect the locally recognized aesthetic amenities on which
the City's economy and quality of life depend; safequard and
enhance property values, and protect public investment and
the character of public thoroughfares;
D. Promote traffic safety and reduce hazards to motorists and
pedestrians traveling on public thoroughfares; and
E. Aahieve consistency between General Plan qoals and
requlations dealinq with the size, location and design of
exterior signs. (Ords. 12-95; 34-89: Prior Code 17.78. 010)
11/95) 578-102
ORANGE MUNICZPAL CODE
17. 36.020
17 .36. 020 DesiQn Annroval.
A. A. sign shall not be approved unless it is found to be
consistent with the following criteria:
1. Design elements including materials, letter style,
spacing, color, illumination, siqn type or shape shall be
integrated.
2 . Signs shall be compatible with the buildings they
identify. This may be accomplished by utilizing
materials, colors, or design motif included in the
building being identified.
3 . Approval of a sign shall not adversely affect surrounding
land uses or obscure adjacent conforming signs.
4 . Signs shall be consistent with any applicable
redevelopment area desiqn themes.
B. 4'he Community Development Director is authorized to review,
a.pprove or deny, the design of any sign except the following:
1.. Temporary freestanding or wall mounted real estate signs
of six square feet or less in a sinqle-family residential
zone and 24 square feet in multi-family, commercial, or
industrial developments, when placed upon a property to
advertise that property for sale, lease, or rent.
2,. Any sign that is placed by a qovernmental agency as
required by law or to protect health and safety.
3 . Temporary construction project siqns that conform to the
other requirements of this chapter.
4 . Siqns that may require no building permit, yet remain
subject to the other requirements of this chapter.
5. Any sign in conformance with a sign program approved by
the Community Development Department.
C. P[essaqe content shall not be considered in desiqn approval.
p declaration as to whether a siqn's content is commercial or
rion-commercial shall be made, under penalty of perjury, by
t:he applicant upon forms provided by the Community
Development Department. Any approved non-commercial siqn
hall be maintained in content, as a non-commercial sign, in
perpatuity, unless revisions are approved by the department.
Ords. 12-95; 34-89: Prior Code 17 .78. 020)
578-103 11/95)
ORANGE MUNICZPAL CODE
17.36. 030--17. 36. 040
17 36 030 Buildina Permit and Inspection.
A. ; building permit shall be obtained for any structure
qoverned by the Uniform Building Code (UBC) desiqned or
intended to support a sign. Such a structure shall also be
constructed and maintained in conformance with all applicable
rovisions of the UBC.
B. ie,n inspection shall be called for by the permittee upon
completion of the structural portion of every siqn and before
he structural connections to the building or structure are
concealed. The Community Development Director ahall
iuthorize any inspection as is necessary or appropriate to
iscertain whether any sign will comply or is complyinq with
egulations set forth in this chapter and other applicable
laws. (Ords. 12-95; 34-89: Prior Code 17.78. 030)
47.36.040 Prohibited Sians. In addition to other provisions
of tlhis chapter, the following signa shall be prohibited in the
City:
A. Any siqn erected or maintained without the consent of the
nwner of the land upon which the sign is located.
B. ny siqn erected upon or over public property, other than
e igns installed by atate, county, or city aqencies.
C. F lashinq, moving or otherwise animated elements or any
i-evolving signs, other than time/temperature signs (See
ection 17.36. 160.E) .
D. F rojectinq signs, except within the commercial zones of the
C ld Towne District. A projecting siqn is one that extends
more than 12 inches from the surface of a wall to which it is
aittached, or a vall siqn intended to be visible from more
t:han one side.
E. P ny sign placed upon, attached, or suspended from a vehicle
t:hat is subject to license or reqistration by the State's
L epartment of Motor Vehicles, intended to advertise goods or
e ervices available on site or nearby, when said vehicle is
l.ocated on private property within 75 feet of a public right-
c f-way.
F. P.,ny abandoned siqn that advertises goods or services which
h ave not been available for a period of 90 or more days.
11/Si5) 578-104
ORANGE MUNICIPAL CODE
17. 36.040--17. 36.050
G. A y "sandwich" or A-frame sign, or any qround siqn
t.emporarily supported by poles or braces placed upon the
ground, or any other sign propped aqainat a vehicle or object
in a parkinq lot or public right-of-way.
H. B ench signs at bus stops, excluding City authorized bus
shelter signs.
I. R.00f signs, or any sign proposed above a roof line that is
n.ot integrated architecturally, such as a dormer or other
vertical facade constructed within the roof's structure.
J. Any immoral or obscene sign.
K. A,11 banner signs, wind signs, balloons, and tube signs of a
commercial nature, except those permitted as temporary
special promotions, defined by Orange Municipal Code, Section
17.36. 150.
L. Items of inerchandise used as a siqn.
M. A11 inflatable signs and signs designed to be flown,
includinq balloons, strings of balloons, kites or aerial
signs, that are made of an electrically conductive material.
N. Signs that create sound.
O. Any siqn qreater than six square feet on property located in
a residential district, except as otherwise provided by this
code. (Orda. 12-95; 34-89: Prior Code 17.78. 050)
7. 36. 050 Prohibited and Restricted Locations. Signs shall
not k e permitted in the followinq areas:
A. Public Places. Except as authorized by an encroachment
permit or as authorized elsewhere in this code, no siqn shall
be erected upon or over any public street, sidewalk, parkinq
lot, or other public riqht of way or place.
B. Fences. No sign shall be placed upon any wall or fence
located on a property line, except as permitted in Section
17. 36. 120.
C. Utility Poles/Street Lights. No sign shall be placed or
maintained, in any manner, on any utility pole or street
light or their appurtenances, except for operational notices
placed by the utility.
578-105 11/95)
ORANGE MUNICIPAL CODE
17. 36.050--17.36. 060
D. ;ietback Areas.
L. Front Yards. No portion of a freestanding siqn or sign
structure shall be located within two feet of any other
structure, nor a public right-of-way.
t. Minimal Spacing. No freestanding sign ahall be located
within 200 feet of any other freestandinq sign on the
same property.
i. Side Yards. Signs located on interior lots with less
than 200 feet of frontage shall be positioned within the
central 50 percant of the parcel frontage. On parcels
with more than 200 feet of frontaqe, signs shall be
located no closer than 50 feet to a side property line.
E. Side Yards for Corner Parcels. Siqns located on corner
lots with less than 200 feet of frontage shall be
positioned within the 75 percent of the property frontage
closest to the street corner. On corner lots havinq more
than 200 feet of frontage, signs shall be located no
closer than 50 feet to a side property line.
E. :itreet Intersections. No sign or portion thereof shall be
e:rected at the intersection of public streets within a corner
c:ut-off area, unless the siqn is less than 42 inchea in
kieight, or greater than eiqht feet clearance provided to the
bottom of the sign, as measured from the top of the nearest
c:urb in the adjacent right of way. The supportinq
otructure(s) of a sign exceedinq eight feet in height shall
r ot present a visible obstruction exceeding 12 inches in
rridth. The corner cut-off shall be defined by a trianqular
airea formed by a diagonal line connecting two pointa on the
s ide property lines, 25 feet distant from their intersection
rhen projected into the public right of way.
F. E rivate Driveways. No sign shall be located within 15 feet
f'rom the intersection of a property line and a private
dlriveway or alley, unless the siqn is less than 42 inches in
hieight, or greater than eight feet clearance provided to the
k ottom of the siqn, as measured from the top of the nearest
c:urb in the adjacent right of way. The supporting
s;tructure(s) of a sign exceedinq eight feet in heiqht shall
n ot present a visible obstruction exceedinq 12 inches in
w idth. (Ords. 12-95; 34-89: Prior Code 1.78.055)
7 36 060 Sians - General. The following requlations shall
apply to all permitted signs.
11/515) 578-106
ORANGE MUNICIPAL CODE
17. 36.060
A. S.ign Program.
1. Multi-Tenant Buildings. A sign program for all multi-
tenant buildinqs shall be required to ensure proper
design of signage and adequate identification of buildinq
tenants. Such programs shall provide for consistency in
the size, color and placement of signs within a property
and shall be approved by the Design Review Board.
a. When 60 percent of the tenant wall siqns have been
changed to conform to the approved siqn program of a
multi-tenant building, the remaining tenant signs
shall also be changed to conform to the approved sign
proqram.
b. In order to aide the identification of a building or
development, the identification of each building
address is required and specified in Title 15.52 of
the Oranqe Municipal Coda. Phone numbers may not be
displayed upon a sign (or a building) , in order to
avoid confusion and minimize clutter.
c. Sign backgrounds and lettering colors are to be
designed with sufficient contrast so as to be readily
leqible.
2 . New Planned Developments. Planned Communities, Planned
Unit Developments and Specific Plans may propose sign
criteria that differ from the limitatione contained
within this chapter, subject to review and approval by
the Planning Commission. Approved sign programs shall be
consistent with the intent of this chapter.
B. Lightinq of Signs. Where a sign is external.ly illuminated,
the light source must be shielded so that it is not visible
from the front or side of the light fixture, or beyond a
property line. Illuminated surfaces with an internal light
source, such as luminescent plastic panelinq may be used on
commercial or industrial property, so long as illumination
intensity does not exceed one-half (1/2) foot candle at the
property line. Internally illuminated signs are prohibited
in residential districts except as permittad by Section
17. 36. 120.0 of this Chapter.
C. Flags. Each separate business may display one Nhouse" flaq
containing the name, symbol, or loqotype of the businesa)
when displayed in conjunction with the display of the United
States Flag, or in conjunction with the display of the U.S.
Flag and other qovernmental flaqs. The U.S. Flaq (and any
other governmental flag) shall be displayed in a predominant
and appropriate manner, with house flag or banner displayed
in a similar manner, no higher or larger than the U.S. Flaq.
578-107 11/95)
ORANGE MUNICIPAL CODE
17.31i. 060--17. 36. 070
rfo flaq shall exceed 100 equare feet in area. Flaq poles are
imited to a maximum height of 60 feet in commercial and
i.ndustrial districta, 20 feet in a residential district.
D. A,wninq Signs. Printed or painted lettering is permissible
u.pon an awning valance, subject to all restrictions for wall
signs.
E. Window Signs. Any sign that is painted on, attached to, or
otherwise displayed within windows shall not exceed 25$ of
each window's area.
F. Non-Commercial Signs. Non-commercial signs containing
political, civic, public service, or reliqious messaqes may
be erected in all districts in conformity with maximum
limitations on height, area, location, and number of signs
contained within this chapter. Such signs are not permitted
within public rights-of-way.
G. Off-Site Commercial Signs. No commercial siqns shall be
e:rected or used for advertising, or any business or income
g eneratinq purposes, unlesa located on the same site where
tlhat enterprise is situated. (Ords. 12-95; 34-89: Prior
C de 17.78.060)
7,36. 070 Free¢*ar nq G TQ, Except as otherwisa providedinthischapter, freestandinq siqna shall be allowed in
commercial and industrial districts subject to the followinq
regulations, permitted only in accordance with approval of a
building permit.
A. Number. One freestanding siqn shall be permitted for each
p<rcel with frontage measurinq up to 40o feet along anarterialstreet. Parcels with more than 400 feet of frontage
meiy have one additional freestanding sign for each 400 foot
increment. When a commercial or industrial center is
comprised of multiple occupants or tenants with a common
pzirking facility or shared access, frontage shall be
considered by joint use of the shoppinq center or overall
leength of the project site and not the frontaqe of the
iridividual businesses or occupancies.
B. Area.
1. The maximum area of such signs may be one-half (1/2)
square foot per lineal foot of parcel frontaqe upon the
adjacent arterial street, with a maximum area of 160
square feet.
il/9_'i) 578-108
ORANGE MUNICIPAL CODE
17. 36.070--17.36.080
2. When 60 percent of the tenant signs on a freestanding
sign have been replaced and conform to the approved sign
plan for that property, the entire freestanding sign must
be changed to conform to the approved sign plan.
3. A minimum of ten percent of sign area must be devoted to
the development's title and address, as required in
Chapter 15.52 of the Oranqe Municipal Code. Multi-tenant
projects must display the full ranqe of tenant addresses
on the freestanding sign. The street address will be
illuminated in the same manner as the sign display area.
Phone numbers are not permitted on a sign in order to
avoid confusion and minimize clutter.
4. No sign copy shall extend beyond a display area contained
within architectural features.
C. Height. When parcel frontage measures 100 feet or more,
freestanding signs are limited to a maximum height of 15
feet. For parcels with frontaqe measuring less than 100
feet, maximum height is limited to five feet. Sign height is
measured from the top of the adjacent curb to the top of the
sign face area. Architectural features may increase overall
height, but not by more than 15 percent. (Ords. 12-95;
34-89: Prior Code 17 .78.070)
7. 36.080 Wall Sians. Except ae otherwise provided in this
Chapt:er, wall signs in the commercial and industrial districts
shall. comply with the requirements below:
A. Number. The number of wall signs permitted on each building
elevation shall be no qreater than the number of tenants in a
building. No building shall be deemed to have more than four
buildinq elevations. One additional wall sign may be
permitted for a singular tenant on any one wall, only when
that tenant's frontage exceeds 100 lineal feet along said
wall.
B. Area.
1. The total area of wall signs per building elevation is
limited to one square foot of sign area per lineal foot
of that building elevation. Wall signs for individual
tenants shall not exceed one square foot of area per
lineal foot of a tenant building frontage.
2 . Corner sites are permitted one and one-half (1-1/2)
square feet of sign area per linear foot of the
578-109 il/95)
ORANGE MUNICIPAL CODE
17.3 6. 080--17.36. 100
huilding's address frontage, provided that no more than two-
thirds (2/3) of the sign area occurs on either facade.
C. Fieight. The heiqht of a wall sign is limited by the heiqht
of the vertical surface to which it shall be displayed. A
wall sign shall be limited by a ratio of 2 :3, so that a sign
i.s sufficiently buffered by space at the top and bottom.
ign heiqht shall not exceed a dimension that is greater than
t:wo-thirds (2/3) of the height of the vertical surface (or
plane) upon which it is located. The applicant shall
i.ndicate those dimensions upon any plan submitted for a siqn
permit. Photoqraphs may be required or submitted to convey
e:xistinq conditions. Multiple line6 of text must be
c:ontained within thia requirement.
D. I,ocation. Wall siqns shall be installed upon a vertical
urface, and shall not extend beyond the lateral edges of a
kiuilding.
E. Ciepth. No wall siqn, including any light box or other
s;tructural part, shall project more than 12 inches from the
s,urface on which it is installed. (Ords. 12-95; 34-89:
F rior Code 17.78.080)
7. 36 090 Wati a;yna fnr Hiah-Riap guildinar. A high-rise
builcling shall be defined as any buildinq five stories or greater
in he ight. In addition to wall signs normally permitted for a
builcling, high-rise buildings shall be allowed additional wall
sign area for tenant identification at the top of the building,
subjE:ct to the following restrictions.
A. Number. Only one sign shall be permitted per building
elevation. No building shall be determined to have more than
four building elevations.
B. Area. Sign area shall not exceed seven square feet per
lineal foot of the structural width at the top of the
building.
C. Height. Sign height shall not exceed a heiqht of one foot
per story, with a maximum heiqht of 12 feet. (Ords. 12-95;
34-89: Prior Code 17.78. 090)
7 36. 100 Automob> >P Service Station S T.
A. Freestanding Sign.
1. Number. One 15 foot tall identification siqn is
permitted for each automotive service station.
11/95) 578-110
ORANGE MUNICIPAL CODE
17 . 36. 100--17.36.110
2 . Area. The identification siqn shall not exceed 150
square feet in area.
3. Location and Visibility. General provisions for
freestanding signs shall otherwise apply.
B. Pump island Canopies. In addition to wall siqns permitted
for a primary structure (see Section 17.36.080) , siqns that
do not exceed an area of 20 square feet per sign, and an
aggregate area of 80 square feet may be approved for each
pump island canopy.
C. Price Change Siqn. Additional permanently affixad fuel price
signs (or changeable copy signs) , may be permitted by the
Community Development Director, if consistent with State law.
Such signs are limited to a maximum area of 24 square feet.
Sale prices must be posted within the freestanding sign.
D. Miscellaneous Siqns. Small accessory siqns, auch as credit
card siqns, cash machine signs, ciqarette, tire siqns, car
wash, mini-mart and price siqns may be permitted, with the
location approved by the Community Development Director,
provided such siqns do not exceed an area of eiqht square
feet per siqn face, or an aggregate area of 24 square feet.
Ords. 12-95; 34-89: Prior Code 17 .78. 100)
7. 36. 110 Residential Sians.
A. Neiqhborhood Identification Signs.
1. Single Family Residential Tracts. Two signs shall be
permitted at each entry point to any sinqle-family
residential neighborhood comprised of two acrea or more.
Such a sign shall not exceed an area of 35 square feet,
with a maximum height of 42 inches, if located on a wall
measuring at least five feet in height; and a maximum
area of 20 square feet, with a maximum height of 24
inches on a wall measuring less than five feet in height.
2 . Apartments or Condominiums. One siqn shall be permitted
per street frontaqe for any multiple-family apartment or
condominium complex of not less than ten units. Such a
siqn shall not exceed an area of 35 square feet with a
maximum height of 42 inches.
B. Mobile Home (MH) Districts. Mobile home parks may have one
identification sign per park entrance, which may consist of
one of the following:
578-111 11/95)
ORANGE MUNICIPAL CODE
17. 36.110
L. Ground Siqn. A mobile home park qround sign shall not
exceed a height of 42 inches, measured from the top of
the curb within the adjacent public right of way to the
hiqhest portion of the siqn structure. Display area
shall not exceed an area of 24 square feet.
Wall Sign. A mobile home park wall siqn may be affixed
to the screeninq wall, at any entrance. Such a sign
shall not exceed 42 inches in height, and an area of 35
square feet.
C. ]:nstitutional Uses in a Residential District. Signs for
zipproved institutional uses, such as a church, school, or
c:onqregate care facility, when located in a reaidential
clistrict, ahall be permitted subject to the following
requirements:
Freestanding Siqn. One sign is allowed per parcel, with
less than 400 feet of street frontage. Any parcel
greater than 400 feet may have one additional sign for
each 400-foot increment. No such siqn shall exceed a
height of five feet, with a maximum area of 24 square
feet. General provisions for freestandinq signs shall
otherwise apply. Internally illuminated signs are
permissible, so lonq as intensity of light does not
exceed 0.25 foot-candles at the property line.
2 . Wall Signs. Any number of wall signs may be permitted,
with an aggregate maximum area of one-half (1/2) square
foot of siqn area per lineal foot of each buildinq
elevation, and a maximum letter height of 12 inches.
D. Name Plate. One name plate or marker is permitted for each
residential unit, to indicate the occupant's name. Such a
sign shall not exceed one square foot in area, nor shall it
contain any reference associated with a home occupation, as
defined by Orange Municipal Code Section 17.04.029.
E. Open House Signs. Siqns advertisinq private residences as
open for inspection, intended for prospective buyers, may not
be placed on public rights of way, but may be placed upon
private property subject to the consent of the owner, lessee,
or legal occupant of the property upon which the sign is
located. Such siqns are unlimited in number, but may not
exceed six square feet in area. (Ords. 12-95; 34-89: Prior
Code 17.78. 120)
11/95) 578-112
ORANGE MUNICIPAL CODE
17.36. 120--17.36. 130
3.7.36.120 Office Professional Sians.
A. F'reestanding Siqns. One freestandinq siqn shall be permitted
f'or each parcel of record zoned Office Professfonal. The
s;ign shall not exceed an area of 24 square feet per face.
S ign height shall not exceed five feet. General provisions
f'or freestanding signs shall otherwise apply.
B. F all Siqns. Wall siqn area shall not exceed one half (1/2)
s,quare foot per lineal foot of that building elevation.
G eneral provisions for commercial wall siqns shall otherwise
a.pply (see Orange Municipal Code Section 17.36.080) .
C. Nfame Plates. One name plate or marker is allowed for each
t.enant, to indicate the tenant's name, title, or profession.
S uch a sign shall not exceed two square feet in area. (Ords.
1.2-95; 34-89: Prior Code 17.78.130)
7. 36. 130 Subdivision Sians. Signs offerinq new real estate
or hnmes for sale by the tract developer in an approved
subdi.vision may be erected under the following conditions:
A. I ocality. Approval is limited to tracts that are located
w ithin the City's limits.
B. N'umber. No more than two such signs shall be located off the
subdivision, and no more than two such siqns shall be located
o n the subdivision that is advertised.
C. L ocation. No such sign shall be erected on or situated
w ithin 50 feet of any occupied residential parcel not part of
the advertised tract.
D. Area. No such sign shall exceed 32 square feet in area.
E. Illumination. No such sign shall be illuminated.
F. Abatement. All signs shall be removed when all lots and
h.ouses in the subdivision have been sold.
1. Deposit. The application for a permit for any such sign
shall be accompanied, in addition to the permit fee, by a
deposit of five hundred dollars ($500. 00) for each siqn
to guarantee proper maintenance and ultimate removal
thereof.
578-113 11/95)
ORANGE MUNICIPAL CODE
17.36. 130--17. 36.140
2 . Permit. The permit for any such sign shall be issued for
a period not to exceed 12 months. At the end of such
period, additional extensions of six months each may be
granted by the Community Development Director or his
desiqnee.
3. Expiration. Upon expiration of the permit or any
extension thereof, the sign shall be removed by the
applicant. Following the removal of the sign, and upon
request, the deposit shall be refunded to the applicant.
4 . Removal. If for any reason the applicant fails to remove
the sign within 30 days of written notice by the City,
the City may cause said sign to be removed and shall
apply the cost of such removal against the deposit. Upon
written request of the applicant, the remainder of the
deposit shall be returned. (Ords. 12-95; 34-89: Prior
Code 17.78. 150)
17.36. 140 Snecial Promot*+ iq.
A. 1?ermit Required. Special promotion siqna are allowed when a
ermit has been granted by the Community Development Director
c r his or her desiqnee, for a limited period of time as a
nneans of publicizing special events such as "grand opening, "
under new manaqement, " "inventory sale, " or public or
c:haritable events.
L. Definition. A "Special Promotion^ is an event allowing
the use of portable siqns, banners, outdoor display of
merchandise and other advertisinq devices that are
otherwise prohibited by this chapter, upon private
property, for a limited period of time. Safety
regulations (that are contained in this chapter) must be
sustained .
2 . Time Limit. A special promotion shall not exceed a
maximum of 45 days per calendar year. The applicant may
datermine how the 45 days will be allocated. However, no
more than three special promotion permits shall be issued
for any permanent business address durinq the calendar
year.
3 . Application Required. Applications for "Special
Promotion" permits shall be filed with the Department of
Community Development on forms furnished by the
Department at least five days prior to the beginning of
the event. The Director of Community Development may
11/Si5) 578-114
ORANGE MUNICIPAL CODE
17.36. 140
exempt an applicant from the five day application prior
to the beqinning of an event provided the applicant files
a declaration under penalty of perjury that the nature of
his business activities does not permit advance knowledge
by the applicant of the time of the particular "Special
Promotion" and that such applicant agrees that he will
not exceed the total number of 45 days within any
calendar year. A processing fee of one hundred dollars
100. 00) shall be paid at the time each application is
filed. Non-profit orqanizations are not subject to the
application fee upon submitting an Internal Revenue
Service °Exempt-Status" letter.
B. R.equirements. All "Special PromotionsM shall comply with the
following requirements and restrictions:
1. The applicant shall obtain any other required permits,
licenses, and written approvals from the City of Orange
or other agencies and observe all laws concerning health
and safety.
2 . Written approval from the property owner or authorized
agent shall be submitted with the permit application.
3. A copy of the approved permit application will be
furnished by the Department of Community Development.
This copy and all other required permits must be
displayed in a conspicuous place on the premises
throughout the duration of the event.
4. Siqns, advertising devices, and other approved outdoor
displays shall substantially conform in size and location
to the site plan sketched on or attached to the permit
and conform with any restrictions stated upon the permit.
5. A special promotion shall only be approved in conjunction
with an authorized licensed business conducting
operations from a permanent, contiguous facility that is
located on the same site. A special promotion event is
not permitted on any vacant lot, or unimproved parcel,
within the City.
6. No siqn, advertisinq device, or other approved outdoor
display shall exceed 42 inches in height above qrade or
be placed within ten feet of any vehicular access or
public riqht-of-way line. No public right-of-way shall
be used for locatinq any sign or display.
578-115 11/95)
ORANGE MUNICIPAL CODE
17.36. 140
7. Portable signs or banners shall be permitted of a size
equal to one square foot for each lineal foot of store or
building front, owned or operated by the permittee, up to
a maximum of SO aggregate square feet.
t3. The aggregate length of wind signs, pennants, streamers,
balloons, and other similar devices shall be permitted up
to twice the lenqth of the store or buildinq frontaqe and
with a maximum height of 50 feet above qrade. Aowever,
at no time shall said devices be allowed to reach within
ten feet of any power or telephone transmittal lines.
Si. All parkinq accesses, exits, and traffic aisles shall
remain unobstructed at all times. No more than 15
percent of the required parkinq spaces, ae calculated in
the Oranqe Municipal Code Section 17. 34.060 may be used
for the special promotion activities.
7.0. All siqns, advertisinq displays, or other approved
outdoor displays shall be erected or maintained in a
clean and safe manner and in qood repair.
1.1. No balloons shall exceed 30 inches in diameter nor shall
they exceed a maximum height of 50 feet above grade nor
shall they be allowed to reach within ten feet of any
power or telephone transmittal lines.
12. Large structural balloons exceedinq 30 inches in diameter
may be permitted by the City Council in areas deemed
appropriate by the Council and subject to such conditions
as the Council shall deem appropriate to protect the
public interest.
13. Portable shielded arc-type searchlights shall be
permitted subject to a special promotion permit in
commercial and industrial districts only, provided that
the beam of the searchlight shall not be projected at
less than a 45 deqree angle measured from a horizontal
plane, and shall not project upon or reflect upon
property or buildinqs other than the property or
buildinqs of the permittee.
C. Special Provisions
1. The Community Development Director may impose special
requirements and restrictions at his discretion. Such
restrictions shall be listed on the approved permit and
shall be followed throuqhout the duration of the event.
11/95) 578-116
ORANGE MUNICIPAL CODE
17. 36.140--17. 36. 150
2. If an approved "Special PromotfonM is interrupted for
reasons beyond the control of the permittee, the
Community Development Director is authorized to grant
additional permits, provided that the total number of
event days do not exceed the maximum standards listed in
Section 17.36. 150.A. (Ords. 12-95; 34-89: Prior Code
17.78. 160)
7.36.150 Special Purnose Sian Regulations.
A. Construction Project Signs.
L. No more than two on-site siqns may be erected in
conjunction with construction projects. Such siqns may
be uaed for publicizing the future occupanta of the
buildinq or the project owners and construction
orqanizations and professionals participating in the
project.
t . In a residential district, no such sign shall exceed six
square feet in area, and no freestandinq sign shall
exceed five feet in heiqht. In all other districts, no
such siqn shall exceed 32 square feet in area, and no
freestanding siqn shall exceed ten feet in haight.
3 . All such siqns shall be removed before a final release on
the construction is given by the Suildinq Official.
B. On-Site Directional Siqns
1. Directional signs may be erected for the purpose of
facilitatinq or controlling the efficient or safe
movement of pedestrians or vehicles on or to private
property and shall be located on the property to which
they pertain.
2. Such signs shall not be used for advertisinq purposes.
3 . Such signs shall not exceed an area of six square feet
and a heiqht of 42 inches.
C. Menu Boards. Additional signs located internal to a private
parking facility, such as a drive-throuqh restaurant or car
wash, may be permitted in conjunction with an automotive
travel lane associated with a specific use. Such a sign
shall not be located betwean the primary structure and any
public right of way, unless screened by landscaping and
578-117 il/95)
ORANGE MUNICIPAL CODE
17. 36. 150--17 . 36. 160
ubject to review and approval by the Community Development
Director.
D. 11ame Plates. In addition to any other sign requirementa in
non-residential zones, excluding the Office Professional
I)istrict, one name plate not exceeding an area of one square
iEoot, containing the name and profession of the occupant of
L-he premises, shall be permitted upon the building for each
L-enant.
E. 7[lluminated Time and Temperature Signs. Time and temperature
cievicas may be included in sign area but may not exceed 20
percent of the allowable siqn area.
F. Pedestrian Signs. One small sign that is suspended beneath a
c:anopy or other roof structure, perpendicular to the store
i`ront, and intended to identify business entryways from a
walkway in a multi-tenant commercial or industrial building,
may be permitted by the Community Development Director, if it
i.s not directed at passing motor vehicles. Such signs shall
Yiave a maximum size of three square feet and shall be non-
i.11uminated. (Ords. 12-95; 34-89: Prior Code 17 .78. 140)
7.36. ?60 A atement of Non-Conforminq R*+,
A. rfon-Conforming Defined. Siqns and siqn structures that were
ermitted before this ordinance was adopted may not conform
t:o the provisions and limitations contained herein. Such a
ign is classified as non-conforming. Non-conforminq siqns or
s;ign structures are subject to the provisions of Section
7.38.020 - Exception to Compliance (Nonconformities) of this
Z'itle.
B. S igns Hereafter Rendered Non-Conforming. Any sign which
k ecomes non-conforminq subsequent to the effective date of
t.his Chapter either by reason of the annexation to the City
c f the territory upon which the sign is located, or the
a.mendment of this Chapter to render such sign nonconforming
cr otherwise, shall also be subject to the provisions of
S',ection 17.38.020.
C. Signs Relating to Inoperative Activities. Signs pertaining
to activities or occupants that are no longer usinq a
p roperty shall be removed from the premises, or sign copy on
such siqns shall be obliterated within 90 days after the
associated enterpriae or occupant has vacated the premises.
A.ny such siqn not removed within the required period shall
constitute a nuisance and shall be subject to removal under
the provisions of Section 1. 08.020 of Orange Municipal Code.
11/Si5) 578-118
ORANGE MUNICIPAL CODE
17. 36.160
D. N[odification of Non-Conforming Signs. No non-conforming sign
s;hall be altered in any manner, reconstructed, or moved
Frithout being made to comply in all respects with the
rovisions of this Chapter; provided, however, that nothing
hierein shall prohibit the normal maintenance or repair of any
r.ion-conforming sign nor the paintinq or replacement of the
f'ace thereof.
E. E;nforcement, Legal Procedures and Penalties. Enforcement,
l.aqal procedures, and penalties ahall be in accordance with
S ection 1.08.010 of the Orange Municipal Code. (Ords. 12-95;
34-89; 20-85: Prior Code 17.78. 170)
578-119 11/95)
ORANGE MUNICIPAL CODE
17.3l3--17. 38.020
CHAPTER 17.38
NONCONFORMING USES
Sect.ons:
17.38. 010 Purpose and Intent
17. 38. 020 Exception to Compliance (Nonconformities)
17. 38. 030 Requlations for Nonconforming Uses
17.38. 040 Termination of Nonconforming Uses
17. 38.050 Exemption for Public Utilities and Publicly Owned
Uses
17. 38.060 Nonconformities Connected with Public Acquisition
17.38. 070 Nonconforming Lot
17. 38.010 Purnose and Intent. This chapter is intended to
accom.plish the following:
A. To provide for the regulation of nonconforming uses and
nonconforming development or performance standards.
B. T o specify the circumstances and conditions under which
n onconformities may continue to exist.
C. T limit the number and extent of nonconformities by
p:rohibiting or limiting their enlargement or extension; their
r s-establishment after abandonment; and their alteration or
r_storation after partial destruction.
D. Ti discourage the continuance of nonconformities where they
adversely affect the intent and purpose of this Code and the
G aneral Plan or the maintenance, development, use, enjoyment
o^ economic value of other property in the vicinity. (Ord.
1:?-95)
38. 020 Excention to Comol 'ance (Nonconformit a . The
follo ainq provisions shall apply to nonconforming uses and
struc tures legally established prior to the effective date of
this rdinance or any prior applicable ordinance.
A. Continuation of Nonconforming Uses and Structures. A
nnnconforminq use or structure, as defined by Section
17.04.033 of this Title, may be maintained and continued,
p2-ovided there is no alteration, or addition to any
st:ructure, nor any enlargement of area, space, or volume
oc:cupied by or devoted to that use, except as otherwise
provided in this Title.
11/9`• 578-120
ORANGE MUNICIPAL CODE
17 .38. 020
B. R equlations for Nonconforming Structures. The following
r egulations shall apply to nonconforminq structures:
1. Repairs and Alterations to a Nonconforming Structure.
Ordinary repairs and maintenance may be made to a
nonconforming structure as required to maintain the
public health, safety, and general welfare.
2 . Permitted Expansions and Alterations. The following
exceptions to this Title are provided for the extension,
expansion, or enlarqement of a nonconforminq structure.
These exceptions set forth the only allowable alterations
for nonconforming structures and shall not be construed
to authorize the modification of any provisions of this
Title nor extend the termination date of the subject
nonconforming use.
a. When a subsequently adopted ordinance or regulation
requires alterations, those alterations shall be
permitted.
b. When a structure other than a single family
residential structure located in a residential zone,
is nonconforming because it does not meet off-street
parking requirements for the number of parking
spaces, alterations or expansions may be permitted
provided that all parkinq facilities are increased to
meet the standards required by this Title.
c. When a sinqle family residential structure located in
a residential zone is nonconforming because it does
not meet off-street parkinq requirements, alterations
and expansions may be permitted without increasing
the number of off-street parking spaces provided, in
accordance with Section 17. 34 .020. However, no
existinq off-street parking shall be elimfnated.
d. Additions may be made to ai nonconforminq structure
which is nonconforming bec:ause it does not meet the
requirements for yards, building heiqht, or
dimenaions for parking and loadinq. However, the
proposed addition shall meet the requirements in
effect at the time the application for the addition
is made.
C. Repair of Damaged or Destroyed Structures. The following
shall apply to damaqed or partially destroyed nonconforming
structures.
1. Any nonconforminq non-residential structure or structures
which are damaged or partially destroyed by fire,
explosion, act of God, act of a public enemy, collapse,
or any other casualty or calamity, may be reconstructed,
578-121 11/95)
ORANGE MUNICIPAL CODE
17.3l3. 020
provided the damage to the structure does not exceed 75
percent of the appraised value (as defined by this Title)
of the damaged structure, and further provided the
structure or structures existed as leqally established
structures. Al1 such construction or repairs shall be
properly permitted and started within two yeara from date
of damaqe and shall be pursued diliqently to completion.
Otherwise, the leqal nonconforminq status of the
structure or structures shall be lost.
2. Any nonconforminq residential structure or atructures
which are damaged or partially destroyed by fire,
explosion, act of God, act of a public enemy, collapse,
or any other casualty or calamity, may be reconetructed
to the conditions which existed prior to the casualty or
calamity, provided the structure or structures existed as
leqally established structurea. All such construction or
repairs shall be started within two years from the date
of damage and shall be diligently pursued to completion.
Otherwise, the leqal nonconforming status of the
structure(s) shall be lost.
3. In determininq the appraised value of any nonconforminq
structure, the cost of land or any factors other than
those concerninq the nonconforminq structure itself shall
not be considered.
Appraised value, for the purpose of this section, shall
mean the market value of the structure as reported by the
owner, based upon the market value of comparable
structures in the City. Where the City and owner do not
agree upon the appraised value based on said comparable,
appraised value shall mean the value reported by a
qualified appraiser, approved by the City, hired by the
owner to determine the value nf the structure.
4 . A nonconforming structure may be repaired or
reconstructed to a size no larger in area or volume than
that which existed at the time the damaqe occurred.
5. If, in the process of repairing or reconstructing a
nonconforming structure, certain nonconformities can be
brought into conformance, they shall be brought into
conformance.
D. M oving a Nonconforminq Structure. No nonconforminq structure
slhall be moved unless doinq so will cause the structure to
b ecome conforming.
11/95) 578-122
ORANGE MUNICIPAL CODE
17 .38.020--17. 38.030
E. Structures Under Construction. Construction which is
underway on a structure at the time the ordinance
implementinq these provisions is adopted may be completed and
the structure then used in accordance with provisions of this
Title, or any amendments thereto, provided that:
1. A valid buildinq permit has been issued prior to the
effective date of this Title; and
2 . The conatruction or proposed use of the buildinq or
structure is not in violation of any other ordinance or
law; and
3. The buildinq or structure is completed within one year
from the date of the ordinance; and
4 . The building or structure is completed in accordance with
the plans, ordinances and permits under which it was
issued. (Ords. 12-95; 10-94; 431: Prior Code 17.90. 020)
7.38.030 Regulations for Nonconformina Uses. The following
regul.ations shall apply to nonconforminq uses:
A. Continuation. The lawful use of a building or structure may
be continued, although such use does not conform with the
provisions of this Title, provided no structural alterations,
except those required by law or ordinance, are made in the
building. if no structural alterations are made, a
nonconforming use of a building may be changed ta another
nonconforming use which, in the opinion of the Community
Development Director, is of the same or more restricted
classification.
B. Discontinuance - Future Use Must Conform. The lawful use of
land, although such use does not conform to the provisions of
this Title, may be continued, but if such nonconforminq use
is discontinued voluntarily or involuntarily for more than
six months, all non-conforming privileges will be lost, any
future use of the land shall be i:n conformity with the
provisions of this chapter.
C. Physical Expansion Not Permitted. A nonconforminq use shall
not be enlarqed or extended to any other portion of a lot not
in use at the time the nonconformity was created, except as
provided for in Subsection 17. 38. 060.A. (Ords. 12-95;
20-82; 431: Prior Code 17.90. 010, 17.88.010)
578-123 11/95)
ORANGE MUNICIPAL CODE
17. 38. 040--17. 38.060
7 .38. 040 Termination of Nonconforminc Uses.
Disc ntinuance of a nonconforming use as follows shall
immediately terminate the right to operate such nonconforming
use:
A. F3y changing a nonconforming use to a conforminq use.
B. E3y discontinuance of a nonconforming use for a consecutive
period of six months or for an intermittent period totaling
one year over a span of three years.
C. 7`hia section does not apply to atructures nonconforming to
clevelopment standards only. (Ords. 12-95; 20-82; 431: Prior
C:ode 17.90.010; 17. 88.010)
7. 38.050 Exemgt T fnr vnhlir Ut' 't dnd Publ ;cly Owned
ses„ Nonconforminq public utilities and publicly-owned uses are
not asubject to nonconforming provisions except as follows:
A. A,dditional nonconformities or increases in the e ctent to
w hich a use or structure is nonconforming are prohibited.
B. Z'he site upon which a use was located at the time the use was
r endered nonconforming shall not be increased in size. (Ord.
12-95)
7. 38.060 Nonconform+;o rnnnontoA vi}h Anhli n;,t;w
In ttie case of nonconformities created by public acquisition, the
follc>wing shall apply:
A. Wtiere a structure is located upon a lot, a portion of which
is acquired for any public use (by condemnation, purchase,
dedication, or otherwise) by any governmental entity, such
structure may be maintained upon the remaininq portion of
said lot, and may thereafter be used, maintained or repaired
without relocating or altering the same to comply with the
development standards of this Code.
B. Further, if such structure is partially located upon the
property beinq acquired for public use, it may be relocated
upon the same lot or premises without observing the required
yard space adjacent to the new lot line created by such
acquisition, and without reducinq the number of dwelling
units to conform to the development standards of the district
in which it is located.
il/95) 578-124
ORANGE MUNICIPAL CODE
1. 38.060--17. 38.070
C. If a lot does not comply with the development standard of the
district due to an acquisition of a portion thereof for
public use, or if a legally existing nonconforming lot is
reduced in size due to an acquisition of a portion thereof
for public use, the remainder of said lot (so long as said
remainder is not smaller in area or width than one-half of
the minimum area or width required for the zone in which it
is situated) may continue to be utilized as a conforming lot.
However, all other development standards will still apply to
any construction thereafter. (Ord. 12-95)
7.38.070 Nonconforminq Lot. Any lot or parcel existing
prior to annexation or prior to May 7, 1946 and any lot or parcel
creat:ed since that date by City approval of a lot division or
subdi.vision application and subsequent recordation in accordance
there:with, havinq less area or width than required by its
subse:quent zone classification may be used in accordance with
such classification reqardless of its deficiency in area or
width. All other development standards of the zone shall apply.
Ord. 12-95)
578-125 il/95)
ORANGE MUNICIPAL CODE
17.4D--17.40.010
CHAPTER 17.40
TRANSPORTATION DEMAND MANAGEMENT PROGRAM
Sect:ions e
7.40. 010 Purpose and Policy
17.40.020 Intent
7.40. 030 Definitions
7.40. 040 Applicability
7.40.050 TDM Program Plan, and Required Actions and
Reports
7.40. 060 Proqram and Facility Options and Complimentary
Actions
7.40.070 Ordinance Implementation and Monitorinq
7.40. 080 Enforcement; Penalties
7.40.090 Appeals
1.7.40.100 Fees
17.40.010 Puroose and Policv New commercial, industrial,
and naixed use development and redevelopment resulting in the job
site employment of 100 persons or more may adversely impact
exist:ing transportation and parkinq facilities, resulting in
incre:ased motor vehicle emissions, deteriorating levels of
servi.ce, and possible significant additional capital expenditures
to acigment and improve the existing transportation system. In
ordex to more efficiently utilize the existinq and planned
transoportation system and to reduce vehicle emissions, it is the
polic:y of the City of Oranqe to:
A. R,educe the number of peak-period vehicle trips generated in
association with new development or redevelopment to achieve
a goal of 1. 5 Averaqe Vehicle Ridership (AVR) or other
standard as established by South Coast Air Quality Manaqement
District (SCAQMD) ;
B. Promote and encourage the use of alternative transportation
modes such as ridesharing, carpools, vanpools, public bus and
rail transit, bicycles and walkinq, as well as those
facilities that support such modes;
C. Achieve related reductions in vehicle trips, traffic
conqestion, and public expenditure and achieve air quality
i'mprovements through utilization of existing local mechanisms
and procedures for project review and permit processing;
D. Promote coordinated implementation of strategies on a county-
wide basis to reduce transportation demand;
11/95) 578-126
ORANGE MUNICIPAL CODE
17.40. 010--17.40.030
E. Achieve the most efficient use of local resources through
coordinated and consistent regional and/or local
Transportation Demand Management (TDM) programs. (Ords.
12-95; 13-91: Prior Code 17.77.020)
17.40.020 Intent. This chapter is intended to meet the
requi.rements of AB 1791, Section 65089 (b) (3) which requires
devel.opment of a trip reduction and travel demand element to the
Conge stion Management Plan (CMP) , and Section 65089.3 (b) which
requi.res adoption and implementation of a Trip Reduction and
Trave:l Demand Ordinance and meets the stated Trip Reduction
Polic:y objectives of the City of Orange.
This chapter is not intended to supersede, substitute for or
repla ce the requirements of the AQI SD Regulation XV. (Ords. 12-95;
13-9].: Prior Code 17.77.020)
17 .40.030 Definitions. For purposes of this chapter, if
not Yxerein before defined, the definitions of the following words
and t:erms shall apply:
A. "Alternative Transportation Modes" means any mode of travel
that serves as an alternative to the single occupant motor
vehicle. This can include all forms of ridesharing such as
carpooling or vanpoolinq, as well as public and private
transit, bicycling or walkinq.
B. "Applicable Development^ means any new development or
redevelopment project that is determined to meet or exceed
the employment threshold, using the criteria contained in
Section 17.40. 040 of this Title.
C. "Average Vehicle Ridership (AVR) " means the number of
employees reporting to the worksite during the peak period
divided by the number of employee motor vehicles driven to
the worksite. The AVR is predicated on a typical two-week
consecutive weekday average for both employees and motor
vehicles arriving or at the worksite between 6:00 a.m. and
10: 00 a.m. of each day. Tele-commuting, clean fueled
vehicles or compressed work weeks shall be credited in the
A.VR calculation.
D. "Developer" means the individual, company or agency who is
responsible for the planning, design and/or construction of
an applicable development project. A developer may be
responsible for implementing the provisiona of this
Ordinance. (See definition of Participation Aqreement
b elow) .
5'78-127 11/95)
ORANGE MUNICIPAL CODE
17.40.030
E. "ESmployee" means any person performinq their normal workday
activities at a worksite of a firm, person(s) , business,
educational institution, non-profit agency or corporation,
overnment agency or other entity.
F. "Employee Generation Factors" means the factors adopted by
the City for protecting the probable employment for any
proposed development or redevelopment project based on the
methodology in Section 17.40.040.
G. "Employer" means any person(s) , firm, business, educational
institution, qovernment agency, non-profit aqency or
corporation, or other entity which employs persons at a
single worksite, and may be either a property owner or tenant
of an applicable development or redevelopment project.
H. "Facility(ies) N means the total of all buildinqs, etructures
a:nd grounds that encompass a worksite, and comprise or is
associated with, an applicable development or redevelopment
p:ro j ect.
I. "1HOV" means High Occupancy Vehicles; typically shuttle vans
o:r buses.
J. ":Immediate AccessibilityM meana walking distance not to
e:Kceed 1/4 of a mile.
R. ]Level of Service (LOS) " meana a measure of operational
quality of a road or intersection ranging from LOS A (best)
t LOS F (worst) . As required by CMP legislation, the Orange
C unty IAS standard shall be not worse than IAS E or the
e cistinq Level of Service if it is further from LOS A.
L. "liixed Use Development" means any development or
readevelopment project that combines any one of these land
u:ses with another: commercial, industrial, office
p ofessional, business park, or residential.
M. "I)evelopment Project" means any non-residential development
o- redevelopment project beinq reviewed by the City requirinq
rE:view to determine concurrence to exiating codes or some
le:vel of discretionary action by the City Planninq Commission
and/or City Council, inclusive of projects conditioned
tY rouqh Development Agreements.
N. "C:omplimentary Transportation Demand Manaqement(TDM) Actions"
mEsans those actions or techniques necessary to support a TDM
Faicility Option. For example, the Facility Option for remote
pairking would require a complimentary employee shuttle.
11/9'5) 578-128
ORANGE MUNICIPAL CODE
17.40. 030
O. ":Participation Agreement" means a document duly signed by the
P:roperty Owner in recordable form, to be recorded in the
Office of the County Recorder, stating that the subject
p:roperty has specific Traffic Demand Management requirements
a:nd said requirements are on file in the Office of the City
Clerk.
P. ":Peak Period„ means those hours of the bueiness day between
6: 00 a.m. and 10:00 a.m. inclusive, Monday throuqh Friday.
Q. ":Property Owner" means the legal owner of the applicable
d evelopment project who serves as the lessor to an employer
o:r tenant. The property owner shall be responsible for
c omplying with the provisions of this Ordinance, efther
directly or by deleqating such responsibility, as
a ppropriate, to an employer or tenant. (See definition of
p articipation Aqreement above. )
R. ":Remote Parking Facilities (Mode Mixer) " means an off-site,
p:rincipally employee oriented, parking facility that services
d evelopment by HOV.
S. p 5ite Development Plan" means a precise plan of development
o:r redevelopment requirinq an approval by the City Planning
C ommission, City Council or by the Department of Community
D evelopment.
T. M'PenantN means the lessee of facility space at an applicable
d evelopment project who also serves as an employer. A tenant
m;ay be responsible for implementinq the provisions of this
O:rdinance as determined by the property owner. (See
d efinition of Participation Aqreement above. )
U. "'Pransportation Demand Management (TDM) " means the
i mplementation of programs, plans or policies designed to
e ncourage chanqes in individual travel behavior. TDM can
i nclude an emphasis on alternative travel modes to the sinqle
occupant vehicle such as carpools, vanpools and tranait;
r eduction or elimination of the number of vehicle trips, or
slhifts in the time of vehicle commutes to other than the
p eak-period.
V. "'PDM Proqram Plan" means that plan to be prepared by the
p:roject proponent that defines those facility options and
a mplimentary strateqies, programs and actions to be employed
t o achieve a goal of 1. 5 AVR for the subject workeite. This
d cument, upon approval by the City, shall be filed in the
O:Efice of the City Clerk.
578-129 11/95)
ORANGE MUNICIPAL CODE
17.40.030--17.40. 040
W. "'Trips Reduction" means reducing the number of related trips
c ccurrinq between 6:00 a.m. and 10:00 a.m. inclusive Monday
t:hrough Friday in single occupancy vehicles.
X. "'Worksite" means a building, or grouping of buildings, which
a re owned or operated by the same property owner or amployer
or by employers under common control) and which either were
c r are to be developed under a common site development plan
Grhether or not physically separated by public or private
s;treet right-of-way or are held out to the public to be one
lace of business under a common name such as a shopping
c:enter, mall or office buildinq complex. (Ords. 12-95; 13-91:
F rior Code 17.77.030) .
40. 040 ADnlicabilitv. For the purpose of this
Ordinance the followinq methods may be used to estimate
employment purauant to determininq whether a new development,
redeeelopment, or modification or improvement of an existing
deve7Lopment projact is subject to the conditions of this
Ordinance.
Method A - Estimated employment per type of land use or
proportion thereof as determined by the project
applicant. Documentation allowing certification of
applicants' employment projection is required in
conjunction with this method.
Methnd B - Estimated employment per type of land use or
proportion thereof shall be determined from Schedule
A - Site Development Employee Generation and Parking
Requirements (below) .
If employment projection for modification or improvement of an
exist:inq development, a proposed development or redevelopment
proje:ct is 100 or more, the applicant shall, in accordance with
Secti,on 17.40. 050 - Trip Reduction/TDM Program Plan and Required
Actinns and Reports, prepare a plan, strateqy or action to
achie!ve a goal of 1. 5 AVR. (Ords. 12-95; 13-91: Prior Code
17.77. 040)
11/515) 578-130
ORANGE MUNICIPAL CODE
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578-131 11/95)
ORANGE MUNICIPAL CODE
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Fiqure - Schedule A
11/!35) 578-13Z
ORANGE MUNICIPAL CODE
17.40.050
17 40 050 TDM Proaram Plan and Recduired Action4 and
enor•. If, pursuant to Section 17.40. 040 of this chapter, the
modif'ication or improvement of an existing development, a new
devel.opment or a redevelopment results in a worksite having 100
or mare employees, the City shall require programs, strateqies,
and f'acility options designed to achieve the 1. 5 AVR qoal, reduce
peak-hour vehicle trips and promote the use of alternative
trans,portation modes.
The intent of this section may be met by the followinq means:
A. A TDM program plan describing the facility options employed
and complimentary actions to be taken to meet the policy
objectives of this chapter, shall accompany the project
submittal to the Community Development Department. This
program plan shall include, but not be limited to:
1. Trip reduction goal for the project;
2 . Facility options employed on the project as described in
Section 17. 04 .060 - Facility Options and Complimentary
Actions;
3 . implementation Plan for Complimentary Actions of the
project as described in Section 17.04.060 - Facility
Options and Complimentary Actions;
4. Responsibilities of property owner(s) and employers in
achieving and maintaining program qoal;
5. A program for monitoring and enforcement.
B. U?on approval of the development and the TDM Proqram Plan,
tlie plan shall be placed on file in the office of the City
C:Lerk. A Participation Agreement shall be recorded in the
O Pfice of the County Recorder. No building permit or part
tlzereof shall be issued until these actions are complete.
C. On or before June 30 of each calendar year commencing after
the date of approval of the TDM Program Plan by the City, the
P operty Owner will certify to the City, in letter form, that
the on-site improvements and complimentary TDM Actions are
continuing in effect.
D. W Lth the mutual consent of the participants and upon approval
of` the City Council, requirements of the approved TDM Proqram
P7Lan may be chanqed. (Ords. 12-5; 13-91: Prior Code
1;.77. 050) .
578-133 11/95)
ORANGE MUNICIPAL CODE
17.40. 060
17.40.060 Proaram and Facility Options and Complimentary
Acticr s. The followinq table (Table 17.40.060) represents those
faci:Lity options and complimentary actions that the owner of a
deve:Lopment may use to achieve the 1.5 AVR goal. The options and
comp:Limentary actions may be used individually or in combination
and options methodologies, techniques and actiona not listed may
be submitted for consideration.
TABLE 17.40.060
PROGRAM FACILITY OPTIONS
FACILITY OPTIONS COMPLIMENTARY ACTIONS
A. C irpool/Rideshare . Eatablish and maintain an employee
Pasrkinq Spaces carpool/rideshare proqram.
Identify person(s) in responsible
charqe of program.
Designate preferential area for
carpool/rideshare parkinq location.
Establish and maintain loadinq area.
Regulate parking and loadinq zone(s) .
Establish artici ation incentives.
B. Veinpool and/or HOV . Establish and maintain an employee
Shuttle vanpool and/or HOV shuttle program.
Establish and maintain an employee or
contract service.
Identify person(s) in charge of
program.
Establish and maintain on-site loadinq
area(s) .
Establish artici ation incentives.
C. Bus Bays (Off Provide all riqht-of-way and street
S ite) * improvements necessary to construct a
bus bay, boardinq area, bus bench or
shelter conforming to City standards.
Provide bus use incentives.
Identify site location relative to
re ional trails and housin .
D. Bicycle Parkinq Provide bicycle parking (racks) or
St:orage* locker facilities.
Provide ahower facilities.
Provide bic cle use incentives.
11/9 5) 578-134
ORANGE MUNICIPAL CODE
17 .40. 060
TABLE 17.40.060
PROGRAM FACILITY OPTIONS
Continued
FACILITY OPERATIONS COMPLIMENTARY ACTIONS
E. 'Transportation Establish, maintain and staff the TIC.
nformation Center • Define TIC location, business hours
TIC) * and person in charqe.
NOTE: Mandatory Define activities.
requirement for
aill development in
e:xcess of 150, 000
s ft. GFA.
F. Ftemote Parking Partic pate in construction,
F'acilities* maintenance and operation of facility.
Establish and maintain an employee
user program.
Participate in the purchase, operation
and maintenance of the IiOV support
vehicles.
Provide user incentives.
G. ;Pedestrian Define on site pedestrian circulation
F'acilities (On- system interfacing with adjacent
S ite) * public, pedestrian or private
facilities.
Define amenitiea and im rovements
H. Pedeatrian Prov de access bil ty to compat ble
F'acilities (Off- off-site facilities (ehopping, eatinq,
S'ite) * recreation, parkinq, traneit, etc. ) .
Define amenities and im rovements.
I. P:ecreation/Health • Prov de for within a minimum distance
F'acilities from development if not on-site.
Identify hours of operation.
Establish em lo ee incentives.
J. P.estaurant or Provide for within a minimum d stance
Eatinq Facilities from development if not on-eite.
Identify type of establishment
restaurant, cafeteria, vending
machines, catering trucks, etc. ) .
Identify hours of operation.
Identify amenities (sit down, outside,
benches, tables, etc. ) .
Establish em lo ee incentives.
K. Parking Fees Provide for parkinq proqram for sinqle
occupancy employee vehicles.
Provide for no fee/reduced fee for
car ool ride share vehicles.
578-135 11/95)
ORANGE MUNICIPAL CODE
17.4(1. 060--17.40. 070
TABLE 17.40. 060
PROGRAM FACILITY OPTZONS
Contfnued)
FACI:LITY OPTIONS COMPLIMENTARY ACTIONS
L. P:arking (Employee) Reduction • Establish and maintain those
TDM measures which would
proportionately reduce the
demand for em lo ee arkin .
F rogram or facility optiona which may be required as traffic
operations improvementa in conjunction with development plan
approval. These facilities may also be included as part of
TDM Program Plan.
The 7'DM Proqram may involve phyeical on-site and off-site
imprcivements; purchase and maintenance of special equipment or
vehic:les; time or monetary incentives or subsidies, and
addit:ional employees. (Ords. 12-95; 13-91: Prior Code
17.77'.060) .
17.40. 070 Ordinance Imolementation and Monitorinc. For the
purpc se of determining compliance to the provisions of thie
chapt:er the City shall have the power to:
A. Apply and specify the requirements and conditions of this
chapter in conjunction with all other development review
processes.
B. Monitor and verify the recordation of the Program
Participation Aqreement.
C. Monitor and verify the complimentary TDM Actions if such
actions are required. Monitoring and verifyinq may include,
but are not limited to:
1. Verification of Annual Letter of Compliance.
2 . Response to documented inquiries or complaints.
3 . Random site inspections.
D. Provide consultation in the development or explanation of new
programs and projects as may be initiated by the owner, City
or other agency. (Ords. 12-95; 13-91: Prior Code 17.77. 070)
11/95) 578-136
ORANGE MUNICIPAL CODE
17 .40.080--17.40.090
17.40.080 Enforcement: Penalties. To ensure that
appl:icable developments comply with the provisions and
requ:irements of this chapter, the City may initiate enforcement
actions which may include, but are not limited to:
A. F'acility Options and Required Complimentary TDM Actions
i.nvolving physical on-site and off-site improvements, shall
Y e deemed incorporated into and made a part of any conditions
c f approval of any conditional use permit or other
c:onditional discretionary land use or development approval
f'or the project under the City's normal development review
process, and shall be further identified and conditioned in
t:he TDM Program Plan.
B. F'ailure to comply with any provision of this chapter,
i.ncluding, without limitation, failure to certify annual
c:ompliance on or before June 30 of any year, failure to
i.mplement, or continue any required Facility Option or any
C:omplimentary TDM Action as apecified in the TDM Program Plan
s;hall constitute a misdemeanor and shall be punishable by a
f'ine not to exceed $500 or imprisonment for not more than six
aionths, or both.
E:ach day of any continued failure to comply shall be a
s;eparate offense.
Nfo employer or property owner shall be deemed to be in
v iolation of this chapter if the failure to comply occurs
s olely as a result of a temporary or permanent cessation of
w ork towards completing the development project in whole or
in part.
C. In addition to all other penalties and remedies provided for,
a.11 further approvals and permits for the affected
d.evelopment project, including, without limitation, qrading
p ermits, buildinq permits, Certificates of Occupancy and
c:onditional use permits, shall be withheld until such time as
c.ompliance is satisfactorily demonstrated. (Ords. 12-95;
13-91)
7.40.090 Avpeals.
A. Aa appeal may be made by the property owner or his desiqnee
o f any decisions made by the Community Development Director
reqardinq the applicability of this chapter, the approval,
d.isapproval, or contents of any proposed TDM Proqram Plan for
the development project, including the necessity of any
required Facility Option or Complimentary Action.
578-137 11/95)
ORANGE MUNICIPAL CODE
17.4Ci.090--17.40-100
B. Such appeal may be filed in accordance with Section
17. 08.050. (Ords. 12-95; 13-91: Prior Code 17 .77.080)
17.40. 100 Fees. The developer or property owner shall pay
to tLie City a fee in the amount of the coats incurred by the City
in adlministering, implementinq and verifying compliance with this
chapt:er, includinq staff time and materials used. The Community
Devel.opment Director may require a deposit in the amount of a
reasc nable estimate of such costs at the time the proposed TDM
Progz•am Plan is submitted for review and approval. Such deposits
may tre reviewed from time to time and required to be increased or
suppl.emented if the Director determines that such deposits will
be ir.iadequate to provide for the City's actual costs. Costs
shall. be charqed against such deposits as they accrue. Staff
time shall be charged at rates established by resolution of the
City Council from time to time. Fees for appeals under their
chapt:er shall be as required for appeals of other land use
decis;ions under the Orange Municipal Code. (Ords. 12-95; 13-91:
Priox Code 17.77. 100)
11/9 5) 578-138
ORANGE MUNICIPAL CODE
17 .42--17.42 .020
CHAPTER 17.42
HAZARDOUS WASTE FACILITIES
Sect ionst
17.42 . 010 Purpose and Intent
17.42. 020 Definitions
17 .42. 030 Permit Required
17.42. 040 Application Requirements
17.42. 050 Environmental Review
17 .42. 060 Local Assessment Committee
17.42.070 Public Hearings
17.42.080 Findings
17.42 .090 Appeals
17.42 . 100 Facility Siting Criteria And Permittinq
Requirements
17.42. 110 Special Development Requirements
17.42.120 Use of Permit
7.42.010 Purpose and Intent. The purpose of this
Chapt:er is to establish uniform standards, land use
regul.ations and a permit process for controlling the
locat:ion, desiqn, maintenance and safety of off-site
hazax•dous waste facilities. The Zoning Ordinance is amended
to iaiplement general plan policies regarding Section 6.5 of
Divie ion 20 of the California Health and Safety Code and
Program A-3 in the Oranqe County Hazardous Waste Management
Plan. (Ords. 12-95; 16-92: Prior Code 17. 10.030)
NOTE: A HANDOUT IS AVAILABLE FROM TFIE COMMUNITY DEVELOPMENT
DEPARTMENT OUTLINING THE PROCESS SET FORTH IN STATE LAW FOR
APPROVAL OF AN OFF-SITE HAZARDOUS WASTE FACILITY]
7.42 . 020 Definitions. Unless otherwise stated, the
follc wing definitions pertain to this ordinance:
A. "Applicant" means any person applying to the City for a
p ermit or a land use decision concerning a specified
h.azardous waste facility, as defined under the term
Proponent" of California Health and Safety Code Section
25199. 1(i) .
B. "Governor's Appeal Board" means a board formed to review
t.he appeal by an applicant as defined herein of a
s pecified hazardous waste facility land use decision
dlisapproved by the City or County or of one or more
c:onditions of approval placed on an approved specified
h azardous waste facility or an appeal by an intereated
person as defined herein based solely on the grounds
578-139 11/95)
ORANGE MUNICIPAL CODE
17.4:t .020
t:hat the conditions imposed do not adequately protect
t:he public health, safety, or welfare. The Governor's
ppeal Board's membership purpose and procedures are
clefined by California Health and Safety Code Section
25199.9 throuqh 14 .
C. "'Hazardous Waste" means a waste, or combination of
Grastes, which because of its quantity, concentration,
t:oxicity, corrosiveness, reactiveness, carcinogenicity,
t:eratogenicity, mutagenicity or flammability, or any
hysical, chemical, or infectious characteristic may:
1.. Cause, or significantly contribute to an increase in
mortality or an increase in serious irreversible, or
incapacitatinq reversible illnesa;
2 . Pose a substantial present or potential hazard to human
health or the environment when improperly treated,
stored, transported, or disposed of, or otherwise
managed.
Without limiting the foreqoinq, "Hazardous Waste" also
includes any waste defined as hazardous or toxic under
applicable federal, atate or local laws, ordinances,
rules, or requlations.
D. "Health And Safety Assasement" means a technical and
e:nvironmental avaluation of a proposed facility, site,
a.nd surroundinq area prior to approval of a local
p ermit. The assessment will consider the qualities and
t.he physical and chemical characteristics of the
specific types of waste that would be handled. The
assessment will include a hydraulic evaluation as well
a.s risks due to flooding, earthquakes and potential
w ater or air pollution. It is not intended that the
H:ealth and Safety Assessment duplicate information
d.eveloped for environmental impact reports or risk
assessments required under local, state or federal
regulations.
E. "Immobile Populations" means schools, hospitals,
convalescent homes, prisons, facilities for the mentally
ill, and other similar facilities.
F. "Interested Person" means a person who participated in
one or more public meetings or hearings held to consider
an application for a land use decision for a specified
hazardous waste facility project. Participation ae
11/5 5) 578-140
ORANGE MUNICIPAL CODE
17.42.020
defined in California Health and Safety Code Section
t5199. 1 (c) includes, but is not limited to, the qiving of or
aritten testimony at a meeting or hearing, submission of
estions at a meeting or hearing, or attendance at a meeting
r hearing.
G. '"Land Use Decision" means a discretionary decision of the
City concerning a specified hazardous waste facility
including the issuance of a land use permit, a conditional
use permit, the qranting of a variance, the subdivision of
roperty and the modification of existing property lines
ursuant to Title 7 commencing with Section 65000 of the
c;overnment Code.
H. '"Local Assessment Committee (LAC) " means a State required
r.ommittee of locally appointad representatives, designated to
negotiate with the proponents of a proposed hazardous waste
Eacility. The membership, duties and mission of the
Committee are defined by California Health and Safety Code
3ection 25199.7 (d) as reiterated herein by this Section of
1 his Title.
I. "Off-Site Hazardous Waste Facility" means any structures,
c ther appurtenances, and improvements on the land, and all
aontiquous land servinq more than one producer of hazardous
waste and used for the treatment, transfer, storage, resource
ecovery, diaposal, or recycling of hazardous waste including
but not limited to:
L. Incineration facility (i.e. rotary kiln, fluid bed) ;
Residual repository; (receives only residuals from
hazardous waste treatment facilities)
i . Stabilization/solidification facilities;
1. Chemical oxidation facilities;
i. Neutralization/precipitation facilities;
Ei. transfer/storaqe facilities.
Off-site Hazardous Waste Facility shall not include any: a)
7Cransportable Treatment Unit (TTU) , designed to be moved
Eaither intact or in modules and which are intended to be
operated at a given location for a limited period of time; or
i) permanent on-site hazardous waste facility at the location
where hazardous waste is produced, and which is owned by,
Leased to, or under the control of the producer of the waste.
578-141 11/95)
ORANGE MUNICIPAL CODE
17.4:: .020--17.42. 040
J. "'Office Of Permit Assistance (OPA) " means the State of
C'alifornia Office of Permit Assistance.
K. "Office Of Planninq and Research (OPR) " means the State
af California Office of Planning and Research.
L. "Residuals Repository" means a waste disposal facility
s.pecifically restricted to receiving only residual6 from
h.azardous waste treatment facilities.
M. "Specified Hazardous Waste Facility" means a specific
a ff-site facility project proposal. (Ords. 12-95;
16-92 : Prior Code 17. 100. 020)
17.42 .030 Permit Required. No Off-site Hazardoue
WastE. Facility shall be constructed, installed, operated, or
maint:ained in, or within 300 feet of any residantial,
commercial, or office/professional zone or district. Off-
site Hazardous Waste Facilities shall be constructed,
instzilled, operated, or maintained only in the M1 and M2
Zonee and only after first obtaining a Hazardoue Waste
Faci].ity Siting Permit (in accordance with this chapter and
DiviEoion 20, Chapter 6. 5 of the California Health and Safety
Code, as amended from time to time including, without
limit:ation, Sections 25199 through 25199. 14) and all other
appli.cable federal, state, county, and city permits,
licerisea, and approvals. The Hazardous Waste Siting Permit
is al.so a conditional use permit, and is subject to all
provi.sions of the Oranqe Municipal. Code relatinq to
condi.tional use permits (except as specifically modified in
this chapter) in addition to the requirements of this
chapt:er. (Ords. 12-95; 16-92: Prior Code 1. 100.030)
17.42 . 040 Aoolication Re uirements. An application
for ai Hazardous Waste Facility Sitinq Permit shall not be
deeme:d complete unless it includes all of the following
infoz mation in such form, format, and detail as reasonably
determined by the Director of Community Development:
A. A completed application form;
B. A completed environmental assessment form;
C. Property owner verification/permission for request;
D. A deposit/fee in an amount at least sufficient to pay
all costs required by this chapter and/or any provision
of state law to be borne by the applicant, or as
otherwise established by City Council Resolution;
11/9 5) 578-142
ORANGE MUNICIPAL CODE
17 .42. 040
E. P. scaled site plan drawn in sufficient detail to clearly
dlescribe the following:
1.. Physical dimensions of property and structures;
2,. Location of existing and proposed structures;
3 . Setbacks;
4 . Methods of circulation;
5 . Ingress and egress;
6 . Utilization of property under the requested permit;
7 . The distance from the project property lines to the
nearest residential structure;
8. Proximity of the project to 100-year flood plain areas;
9. Proximity of the project to any known earthquake fault
zones;
10. The relationship of the proposed project to all above
qround water supplies as well as known undarqround
aquifers that could conceivably suffer contamination;
li. Topographic description of the property and surrounding
area;
12. Existing and proposed utilities which service or will
be needed to service the facility;
13 . Identification of surroundinq zoning and land uses;
14. Identification of Immobile Populations within one
mile of the proposed site;
15. Landscape plans showinq the location and details of
all landscape areas;
16. Buildinq elevations showinq building heiqht, exterior
materials and architectural theme; and
17. Other information as required by the Community
Development Director.
F. A preliminary geoloqical study of the property and
surrounding area which includes as deep a soils analysis as
578-143 11/95)
ORANGE MUNICIPAL CODE
17. 42. 040
there are known aquifers, regardless of the portability of
those aquifers;
G. Identification of all waste water, treated and untreated,
generated by the proposed facility and the method and place
of final discharge;
H. Identification of the amounts (tonnage) and types of
hazardous wastes to be treated at the proposed facility; the
sources of the these wastes; the ultimate disposition of the
wastes; and the anticipated life of the facility.
Information shall be provided on the amounts, sources and
types of hazardous wastes to be treated which shall be based
on an actual survey of the industries to be served and be
representative of the wastes that will be processed at the
facility;
Z. The three sets of mailing labels, in accordance with Section
17.42 . 070.A, for all owners of record, as shown on the latest
County equalized assessment rolls, of surrounding properties
that lie within a 300 foot radius of the boundary of the
project site;
J. A plan that clearly delineates all public involvement
with the proposed project prior to any formally
advertised and scheduled public hearings. Said plan
will provide for adequate public testimony on the
project in an effort to mitigate all public concerns
prior to the public hearinq on the application;
K. A plan that identifies an ongoing monitoring proqram to
ensure no unintentional release of any hazardous subatance
from the site. This shall include but not be limited to any
ongoing monitoring necessary by other permitting agencies
such as the California Department of Health Services, South
Coast Air Quality Manaqement District, Environmental
Protection Agency, California Air Resources Board, Regional
Water Quality Control Board, etc. ;
L. A preliminary continqency plan for emergency procedures
desiqned to minimize hazards to human health or the
environment from fires, explosions or any unplanned sudden or
non-sudden release of hazardous waste or hazardous waste
constituents to air, soil, or surface water. The plan shall
provide for its immediate implementation whenever there is a
fire, explosion, or release of hazardous waste or hazardous
waste constituents which could threaten human health or the
environment. The preliminary contingency plan shall address
the requirements included in Section 17.42 . 110.B;
11/95) 578-144
ORANGE MUNICIPAL CODE
17.42.040--17.42 .050
M. A,n explanation of how the proposed project will meet the
z•equired findings of Section 17.42. 080 and Section
1.7. 10.030.F;
N. A, closure plan meeting the requirements of Section
17.42. 110.D; and
O. O ther information as required by the Director of Community
evelopment to demonstrate compliance with the Facility
S'iting Criteria as outlined in Section 17.42 . 100. (Ords. 12-
95; 16-92: Prior Code 17. 100.040)
7_42. 050 Environmental Review.
A. T'he project shall be subject to environmental analysis
accordinq to the City's established procedurea pursuant
to the California Environmental Quality Act (Public
R.esources Code Sections 21000-21177; 15000-15387) .
B. The environmental analysis shall address but not be
limited to the following:
1. Descriptions of a reasonable range of feasible
alternatives to the project including, but not
limited to, at least two alternative sites in
addition to a "no project^ alternative, which shall
be reviewed pursuant to the California Environmental
Quality Act (Public Resources Code Section 15060(d) ) .
2. An analysis of visual, noise and any olfactory
impacts associated with the project and proposed
mitigation measures.
3. An analysis of all anticipated air quality impacts
associated with the project and proposed mitigation
measures to ensure no degradation of air quality in
the area.
4. A health and safety assessment that analyzes in
detail all probabilities of accidenta or spills at
the site, ae well as, transportation related
accidents from the point of origin to the facility.
Such analysis shall identify mitiqation meaeures to
reduce identified risks. The health and safety
assessment shall identify the most probable routes
for transportinq hazardous wastes to the facility
within Orange County.
578-145 11/95)
ORANGE MUNICIPAL CODE
17.42. 050--17.42. 070
15. An analysis of traffic impacts associated with the
project and recommended mitiqation measures.
i. An analysis of all anticipated water quality impacts
associated with the project and proposed mitiqation to
ensure no degradation of water quality in the area.
7. Other information as required by the California
Environmental Quality Act. (Ords. 12-95; 16-92:
Prior Code 17. 100.050)
l7 42 060 Local Assessment Com ittee. Pursuant to Section
2519 9.7 of the California Health and Safety Code, the City
Council shall appoint a seven member Local Assessment Committee
LAC) for each proposed project. The City Council shall have
auth rity to appoint additional members to this committee as they
deem appropriate. Each LAC shall have the power and duties, and
perf rm the functions set forth in said Section 25199.7 and/or as
othe rwise specified by state law. The LAC shall be broadly
cons tituted to reflect the makeup of the community and shall
include three representatives of the community at larqe, two
repriasentatives of environmental or public interest qroups, and
two representatives of affected businesses and industries or as
othe rwise specified by state law. Members of the LAC shall have
no d:trect financial interest, as defined in Section 87103 of the
Cali Pornia Government Code, in the proposed apecified hazardous
wast a facility project.
If tlie LAC and the applicant are unable to resolve all issues and
diffearences throuqh the procedures specified in state law, the
matte.r shall be submitted for dispute resolution assistance by
the State Office of Permit Assistance prior to any public
hear:ings. The applicant shall pay any part of the costs for this
assitstance not paid by the State of California. (Ords. 12-95;
16-9:>.: Prior Code 17. 100. 060)
37.42 070 Public Hearinas.
A. Z'he applicant shall provide not less than one month prior to
a scheduled public hearing, three sets of mailinq labels for
a,ll owners of record as shown in the latest County equalized
a.sseasment rolls that lie within a 300 foot radiue of the
t oundary of the project site.
B. P ublic Notices:
1. Notice of a public hearinq shall be qiven not leas than
ten days prior to the date of hearing.
11/Si5)578-146
ORANGE MUNICIPAL CODE
17.42. 070--17.42 .080
Notices shall contain information on the project,
includinq a brief description of the proposal, the
environmental review status, and the hearinq date, time
and location.
t. Notices shall be mailed out to all names on the list
required by Section 17.42 .070.A.
4. Notices shall be displayed on the property and at public
posting sitea designated by the City Council and/or
published in newspaper(s) of general circulation.
i. The applicant shall pay the costs of all public notices,
whether mailad, posted or published, as part of the
deposit/fee required in Section 17.42.040.
C. Public Hearings:
The Director of Community Devalopment shall set the
time and place of public hearinqs required to be held
by the Planning Commission.
The Planninq Commission shall hold at least one
public hearinq and shall then recommend to the City
Council approval, denial, or conditional approval of
the request by resolution based on the findinqs in
Section 17.42.080.
The City Council shall then hold at least one public
hearing and shall approve, deny or conditionally
approve the request, by resolution, based on the
findings in Section 17.42 .080.
D. Hazardous Waste Facility Siting Permit ahall become valid
0 days after the date approved by the City Council unless
zippealed in accordance with Section 17.42. 090. (Orda. 12-95;
6-92 : Prior Code 17. 100. 070)
17.42 .080 Findinas. No Hazardous Waste Facility Sitinq
f Perm:it shall be qranted unless the following findinqs are made in
writ:ing by the Planning Commission and City Council, after
cons:ideration of the evidence presented at the public hearinqs:
A. 7'he project will be consistent with the General Plan.
B. 7'he project will not be detrimental to the health,
s afety, or qeneral welfare of the community,
578-147 11/95)
ORANGE MUNICIPAL CODE
17. 4:!.OSO--17.42 . 100
C. R'he project site is or will be adequately served by roads and
ather public or private service facilities.
D. Z'he project will be consistent with the Regional Fair Share
F'acility Needs Assessment and siting policies established in
t.he Orange County Hazardous Waste Management Plan.
E. T'he project will comply with the Facility Siting Criteria per
Section 17.42. 100.
F. T'he project will meet the required findings for a Conditional
U'se Permit set forth in Section 17. 10. 030.F of the Orange
Municipal Code. (Orde. 12-95; 16-92: Prior Code 17.100. 080)
17.42.090 Auoeals. An applicant or an interested person may
file an appeal of a land use decision made hereunder by the City
Counc:il to the Governor's Appeals Board pursuant to the
Calif'ornia Health and Safaty Code Section 25199.9, or as
othezvise provided by state law. (Ords. 12-95; 16-92: Prior
Code 17. 100.090)
17.42 . 100 Facilitv G t na cr;tor;a an permittina
Reauirements. The following siting criteria has been established
for use by hazardous waste facility applicante in locating and
designing suitable facility sites and facility projecta. The
purpose of the criteria is to reduce public health and
environmental risks and governmental costs associated with
development of the facility (Reference: 1988 Oranqe County
Hazardous Waste Management Plan - Table V-3) .
A. P:rotect the Residents of Orange County and the City of
O:range.
1. Health and Safety Assessment.
All Facilities: Facilities shall be sited so as not to
create significant risks or cause adverse impacts to the
health and safety of populations in surroundinq public
and private areas, as determined by a Health and Safety
Asseesment. A Health and Safety Assessment by a state
licensed expert in the applicable field (or, if no state
license is applicable, a preparer otherwise shown by
academic training and experience to be a qualified expert
to the satisfaction of the City) is required for a
proposed facility prior to approval of a local permit, to
provide technical and environmental evaluation of the
proposed facility, site and surroundinq area.
11/95) 578-148
ORANGE MUNICIPAL CODE
17.42 . 100
A Health and Safety Assessment will provide the
information and analysis needed to demonstrate compliance
of the proposed facility with the Sitinq Criteria. The
scope of the assessment will vary according to the size,
type and proposed location of the facility. It is not
intended that the Health and Safety Assessment duplicate
information developed for environmental impact reports or
risk assessments required under local, state or federal
requlations. When environmental impact reports and
health risk assessments are required, their scope should
provide the information and analysis required, and
thereby suffice for the Health and Safety Assessment.
The Health and Safety Assessment shall evaluate, at
minimum the area within 2, 000 feet of the site, which is
designated a sensitive area, and shall evaluate the
potential impact on sensitive populations within that
area and on immobile populations within one mile of the
site. Sensitive populations include reaidential
populations, employment populations, and immobile
populations such as those in schools, hoapitals,
convalescent homes, jails and other similar facilities
within the area of potential impact. The Health and
Safety Assessment must consider the quantities and the
physical and chemical characteristice of the specific
types of waste that would be handled, the facility desiqn
features and planned operational practices. The need and
distance for any buffering of the facility from
residential areas or other sensitive land uses will be
identified. The Assessment shall include a hydroloqic
evaluation, and shall assess risks due to physical
hazards such as floodinq and earthquakes and potential
water or air pollution. The Assessment shall detail
credible potential accidents, including the distance over
which effects would carry a variety of options for
reducing risks, and procedures for dealinq with the
effects. The Assessment will identify tha capabilities
including equipment and trained personnel) and response
timea of existing emerqency services with regard to
accidents at the facility, and will provide an emergency
evacuation plan. If existinq emerqency services are
deemed inadequate, the local agency may require the
developer to supplement those services with onsite
trained personnel and equipment.
Avoidance or mitiqation of potential significant health
or safety risks must be demonstrated to the satisfaction
of the local permittinq aqency and the California
Department of Health Services.
578-149 11/95)
ORANGE MUNICIPAL CODE
17.4:t. 100
Distance from Populations.
a. Treatment, Recycling and Collection Facilities:
Facilities shall comply with local minimum zoning
code setbacks unless a greater buffer dietance from
other uses is deemed nacessary, based on a required
Health and Safety Assessment.
b. Residuals Repositories: A minimum buffer distance of
2, 000 feet from residences and other sensitive land
uses is required for a hazardous waste residuals
repository per Health and Safety Code Section
25202 .5(b) and (d) . The size of the buffer zone
necessary to protect public health and safety will be
identified based on a required Health and Safety
Aasessment.
B. E:nsure the Structural Stability of the Facility.
Floodplains.
a. All Facilities. Facilities must be designed,
constructed, operated and maintained to preclude
failure due to flooding, per flood control
authorities and requirements. Provisions must be
made to contain and test storm runoff prior to
discharge in areas subject to contamination by waste
or treated material. The required Health and Safety
Assessment will address floodinq risks associated
with the facility.
b. Treatment, Recyclinq and Collection Facilitias.
Facilities may be located in areas subject to 100-
year floodinq only if protected by offsettinq
engineered improvements, such as berms or raisinq the
facility above flood levels. This includes areas
subject to flooding by dam or levee failure and
natural causes such as river floodinq, flash floode,
rainfall, or snow melt, tsunamis (tidal waves) ,
seiches (earthquake-induced waves in lakes) , and
coastal flooding. A structural analyais or
engineerinq design study must be provided which shows
methods to prevent inundation or washout.
c. Residual Repositories. Repositories are prohibited
from locating in floodplain areas subject to 100-year
flooding from natural causes or dam failure, even
with protection, per Code of Federal Requlations
CFR) , Title 40, Section 264. 18 (b) , and California
Administrative Code (CAC) ,, Title 22, Section
66391(a) (11) (b) .
il/515) 578-150
ORANGE MUNICZPAL CODE
17.42 . 100
Earthquakes - All Facilities. Facilitiea must have a
minimum 200-foot setback from active or recently active
qeologic faults, per the California Administrative code
CAC) , Title 22, Section 6391(a) (il)A(1) and (2) . The
required Health and Safety Assessment will address
earthquake safety of the facility.
Unstable Soils.
a. Treatment, Recyclinq and Collection Facilities.
Facilities are prohibited from locatinq in areas of
potential rapid geologic chanqe, unless the facility
and its containment structures have enqineered design
features to assure structural stability. Thia
includes areas with unstable soils, steep slopes, and
areas subject to liquefaction, subsidence, or other
severe qeoloqic constraints. The required Health and
Safety Assessment will include a qeologic report
defining any such constraints and enqineered
solutions.
b. Residual Repositories. Repositories are prohibited
from locating in areas of potential rapid qeologic
change, subsidence, or liquefaction per California
Code of Regulations, Title 23, Subchapter 15, Section
2531(e) . The required Health and Safety Assessment
will include a geologic report.
C. Protect Surface and Groundwater Quality
1. Containment and Groundwater Monitorinq - All Facilities.
Facilities shall be fully enclosed by containment
structures of impermeable materials which would contain
any unauthorized release of hazardous material.
Facilities shall be equipped with leak detection and
spill control and recovery capability. Groundwater
monitorinq wells must be located around each facility to
determine backqround vadose zone and qroundwater quality,
and to detect leaka and spills from the facility. An
onqoing groundwater monitorinq proqram should be
developed in consultation with local, state and water
district representatives.
2 . Water Quality.
a. All Facilities. Facilities shall not be eited within
watershed areas tributary to open reservoirs and
aqueducts that contain drinkinq water supplies.
Facilities shall locate such that domestic water
supply wells cannot be adversely affected from
unauthorized releases of contaminants.
578-151 11/95)
ORANGE MUNICIPAL CODE
17.42', . 100
As a minimum atandard, facilities shall locate at
least one mile from domestic supply wells in the
Forebay area (principal) , recharqe area to the Orange
County groundwater basin, and at leaet one-half mile
from domestic supply wells in the pressure area of
the orange County qroundwater basin, unless clearly
demonstrated to be safe at closer proximity through
the Health and Safety Assessment. Facilities shall
not locate within wellhead protection zones as
identified by EPA guidelines or municipal water
supply agencies and local water districts.
Facilities ahall not impact the quality of surface
waters (lakes, rivers, streams, creeks, atc. ) or
groundwater reaources which have been identified for
beneficial uses by the Regional Water Quality Control
Board Basin Plan (per State Water Resources Control
Board Policy Reaolution 88-63) . The required Health
and Safety Assessment will identify water quality
issues. Facilitiea must meet federal, state and
local water quality requirements.
b. Treatment, Recyclinq and Collection Facilities.
Facilities may locate in the following areas only
with increased engineerinq design features, such as
horizontal and vertical containment and monitoring
systems clearly demonstrated in the Health and Safety
Assassment to be safe at the particular site, to
ensure protection: (a) Major aquifer recharge areas,
b) Areas of permeable strata and soils, (c) Areas
where the existinq groundwater has beneficial uses as
described in the Basin Plan. Facilities with
subsurface storage or treatment must be sfted,
desiqned and operated to enaure that hazardous
materials will be a minimum of five feet above the
highest anticipated elevation of underlying
qroundwater.
c. Residuals Repositories. Repositories are prohibited
from locatinq in principal recharqe areas to reqional
aquifers as defined in local or state plans,
including the Forebay area. Repositories are
prohibited in areas of high permeability {such as
sand and qravel) per the requirements of the State
Water Quality Control Board and California Code of
Regulations, Title 23, Subchapter 15, Section 2531(b)
or any other applicable state, federal or local law,
ordinance, rule or regulation. Repositories may be
located only where the uppermost water-bearing zone
or aquifer is presently mineralized (by natural or
man-induced conditions) to the extent that it is not
considered for beneficial use by the Basin Plan.
11/95) 578-152
ORANGE MUNICIPAL CODE
17.42 . 100
Repositories must be sited, designed and operated to
ensure that hazardous materials will be a minimum of
five feet above the highest anticipated elevation of
any underlying groundwater.
3 . Wastewater - All Facilities. Facilities generating
wastewater should be located in areas with adequate
industrial sewer capacity. The quality of wastewater
must meet all federal, state and local sewering agency
discharqe requirements and the facility must obtain a
valid industrial wastewater discharge permit.
D. Protect Air Quality. Air Quality Nonattainment and PSD Areas
All Facilities. Facilities are prohibited in Class i areas
as identified in the Clean Air Act, and within wilderness,
National Parks, memorial areas and similarly dedicated areas.
Facilities may be sited in other nonattainment and PSD
Prevention of Significant Deterioration) areas only if they
meet the requirements of the South Coast Air Quality
Management District. The required Health and Safety
Assessment will identify air emissions, impacts and
mitigation associated with the facility.
E. P:rotect Environmentally Sensitive Areas.
1. Wetlands - All Facilities. Facilities are prohibited
from locatinq in wetlands such as saltwater, frashwater
and brackish marshes, swamps and bogs, as defined in
local, regional, and state plans and policies (generally,
areas inundated by surface or qroundwater with a
frequency to support, under normal circumstances, a
prevalence of vegetative or aquatic life which requires
saturated soil conditions for qrowth and reproduction) .
2 . Animal and Plant Habitats - All Facilities. Facilities
are prohibited from locating within critical or
siqnificant habitat areas of animal and plant species
including threatened or endangered species) , as defined
in local, regional or atate p'lans and policies.
3 . Prime Agricultural Lands - All Facilities. Facilities
are prohibited from locating on prime aqricultural lands,
as defined in California law and local plana, unless an
overridinq public need is served and demonstrated.
4 . Recreational, Cultural and Aesthetic Resources.
a. Collection Facilities. Low volume transfer and
storage facilities may locate in protected,
recreational, cultural or aesthetic resource areas,
578-153 11/95)
ORANGE MUNICIPAL CODE
17.42 . 100
as defined by local, reqional, state or national
plans or policies, only if necessary to handle
hazardous wastes generated by workers, residents or
visitors in these areas.
b. Treatment and Recycling Facilities and Residuals
Repositories. Facilities are prohibited from
locatinq in protected recreational, cultural and
aesthetic resource areas, as defined by local,
reqional, state or national plans or policies.
5. Mineral Resource Areas - All Facilities. Facilities are
prohibited from locating on lands containing significant
mineral deposite, as classified by local plans or
California's mineral land class maps and reports, if the
extraction of the mineral deposit would be precluded.
F. Ensure Safe Transportation of Hazardous Waste.
1. Proximity to Waste Geneiation Areas.
a. Treatment, Recyclinq and Collection Facilities.
Facilities should locate close to sources of
hazardous waste generation (generally industrial
areas) to minimize the risks of transportation.
b. Residuals Repositories: Repositories may be located
more distance from the sources of hazardous waste
generation than other facilities because of the need
for larger land areas and buffer zones.
2 . Proximity and Access to Major Routes - All Facilities.
Facilities shall be located to minimize distance from
major transportation routes. Facilities must have good
access by road designed to accommodate heavy vehicles.
Travel routes from facilities to major transportation
routes shall not pasa through residential neiqhborhoods,
shall minimize residential frontaqea, and shall be
demonstrated as safe with regard to road design and
construction, accident rates, excessive traffic, etc.
The required Aealth and Safety Assessment will evaluate
risks associated with transportation of hazardous wastes.
G. Protect the Social and Economic Goals of the Community.
1. Consistency with General Plan - All Facilities.
Facilities must be consistent with local planning
policies, including the City general plan and zoning
ordinances.
2 . Fiscal Impact. All Facilities: A facility's fiscal
impact to the City must be demonstrated.
11/95) 578-154
ORANGE MUNICIPAL CODE
17.42. 100--17.42 .110
3 . Socioeconomic Impacts - All Facilities. The City may
require the facility developer to fund an independent
study on socioeconomic impacts of the facility.
9 . Consistency with Orange County Hazardous Waste Management
Plan - All Facilities. Facilities shall be consistent
with the goals and policies of the Orange County
Hazardous Waste Management Plan, and must demonstrate
compliance with the siting criteria established herein.
Facilities shall be consistent with the fair share
principle, and with any inter-jurisdictional agreements
on hazardous waste management. Local needs are to be the
primary basis for facility siting criteria decisions,
along with reqional commitments; facilities are to be
designed and sized primarily to meet the hazardous waste
management needs of Oranqe County, or to meet the
County's broader reqional commitments under an inter-
jurisdictional aqreement. (Orda. 12-95; 16-92: Prior
Code 17. 100.100)
7.42 . 110 Soecial Develooment Reauirements.
A. Generally Applicable Conditions. Every City hazardous waste
facility permit is deemed to be subject to the following
c.onditions, whether or not specifically listed in the permit
approval, and the applicant and facility operator shall
comply with each of the following:
1. The owner or operator shall prevent the unknowing entry,
and minimize the possibility for the unauthorized entry,
of persons or livestock onto any portion of the facility.
2 . The operator shall provide a 24-hour surveillance system
e.g. , television monitoring or surveillance by guards or
facility personnel) which continuously monitors and
controls entry onto the facility.
3 . An artificial or natural barrier (e.g. , a fence in qood
repair or a fence combined with a cliff) shall be
constructed which completely surrounds the facility.
4 . All qates or other entrances into the facility ehall be
provided with adequate meane to control entry at all
times. Signs with the legend, "Danqer-Hazardous Waste
Area-Unauthorized Personnel Keep Out, " shall be posted at
each entrance to the facility, and at other locations, in
sufficient numbers to be seen from any approach.
578-155 il/95)
ORANGE MUNICIPAL CODE
17.4;t.110
The legend shall be written in English, Spaniah and any
other language predominate in the area surrounding the
facility, and shall be legible from a distance of at
least 25 feet. Existing signs with a leqend other than
Danqer-Unauthorized Personnel Keep out" may be used if
the legend on the siqn indicatea that only authorized
personnel are allowed to enter the active portion, and
that entry onto the active portion can be danqerous.
B. c:ontingency Plan.
1.. Every hazardous waste facility is required to have a
continqency plan designed to minimize hazards to human
health and the environment from fires, explosions, or
unplanned release of hazardous waste to air, soil, or
surface water. The plan shall be carried out immediately
whenever a fire, explosion, or unplanned release occurs.
2 . The contingency plan shall include:
a. The actions employees must take in response to a
fire, explosion, or unplanned release of hazardous
waste;
b. Procedures for notification of emerqency response
agencies;
c. The names, addreases and telephone numbers (office
and home) of all persons qualified to act as
emerqency coordinator. (If more than one name is
listed, the order in which they may assume authority
ahall be qiven, with one person designated as primary
coordinator. ) The emergency coordinator shall be
available to respond to an emerqency and shall have
the responsibility for coordinating all emerqency
response measures. The emerqency coordinator shall
be familiar with all aspects of the contingency plan,
all operations and activities of the facility, the
location and characteristics of wastes handled, and
general facility layout. The emergency coordinator
shall have the authority to commit the resources
needed to carry out the contingency plan;
d. A listing of all emergency equipment at the facility,
including its location and an outline of its
capabilities;
e. An evacuation plan for employees where evacuation may
be necessary, including siqnals used to beqin evacua-
tion, primary evacuation routes and alternate routes.
3 . Facility Emerqency Coordinator Responsibilities shall be
identified in the continqency plan to include, at
minimum, the following:
11/9 5) 578-156
ORANGE MUNICIPAL CODE
17.42 . 110
a. In event of emergency (imminent or natural) fire, the
emergency coordinator shall immediately activate
facility alarms to notify employees and shall contact
all appropriate state and/or local emergency response
agencies.
b. in the event of a fire, explosion, or release of
hazardous material, the emerqency coordinator shall
immediately identify and disclose to all appropriate
state and/or local emergency responae agencies the
character, exact source, amount and real extent of
any released materials. Concurrently, the emerqency
coordinator shall assess possible hazards both direct
and indirect, to human health or the environment that
may result from the emerqency.
c. If the emergency coordinator determines that the
facility has had a release, fire or explosion which
could threaten human health and/or the environment
outside the facility, the emergency coordinator shall
report his findings as per the following Subsections
d and e.
d. Zf evacuation is necessary, local officials shall be
so notified.
e. The emergency coordinator shall, in every situation,
promptly notify the State Office of F.mergency
Services by telephone or such other telecommunica-
tions as provided by that Office, providinq the
following information:
i. Name and telephone of person reporting;
ii. Name and address of facility;
iii.Time and type of incident;
iv. Name and quantity of material(s) involved;
v. Extent of injuries; and
vi. Possible hazard to human health and the
environment outside facility.
f. During the emerqency, the emerqency 000rdinator shall
take all reasonable measures to ensure that fires,
explosions, and releases do not occur or spread,
includinq such measures as:
i. Stopping operations;
ii. Collectinq and containing released waste; and
iii.Removing or isolating containers.
q. If the facility stops operations during an emerqency,
the emerqency coordinator shall monitor for leaks,
pressure build-ups, gas generation or ruptures in
valves, pipes or other equipment as appropriate.
h. Immediately after an emerqency, the emergency
coordinator shall provide for treating, storing or
disposing of recovered waste, contaminated soil or
surface water, or any other material resulting from a
release, fire or explosion.
578-157 11/95)
ORANGE MUNICIPAL CODE
17. 42 . 110
i. Other activities required of the emergency
coordinator after an emerqency are:
i. No wastes incompatible with the release material
is handled until clean-up is completed; and
ii. Emergency equipment is cleaned and ready for use
before operations are resumed.
4. Owner/Operator Responsibilities shall be identified in
the contingency plan to include, at minimum, the
following:
a. Notify the State Department of Health Services and
appropriate state and local authorities that the
above requirements have been met before operations
are resumed in the affected area.
b. Record the time, date and details of any incident
which requires implementing the continqency plan.
c. Within 15 days submit a written report on the
incident to the State Department of Health Services.
The report shall include:
i. Name, addreas and telephone number of the
Owner/Operator;
ii. Name, address and telephone number of the
facility;
iii.Date, time and type of incident;
iv. Name and quantity of materials involved;
v. Extent of any injuries;
vi. Assessment of actual or potential hazards to human
health or the environment, where applicable; and
vii.An estimate of the quantity of material recovered
and its disposition.
d. A copy of the contingency plan shall be maintained at
the facility. A copy shall be sent to the City and
County police and fire departments, local hospitals,
and the County environmental health aqency.
e. The contingency plan shall be reviewed and amended
when any of the following occur:
i. The facility permit is revised;
ii. Applicable requlations are revised;
iii.The plan fails in an emerqency;
iv. Operations at the facility change in a way that
materially increases the potential of fire,
explosion or unplanned release of hazardous waste;
v. The list of emergency coordinators chanqes;
vi. The list of emerqency equipment chanqes.
C. Monitoring.
1. Upon notice, City officials, their designated
representative and representatives of other affected
11/95) 578-158
ORANGE MUNICIPAL CODE
17.42 . 110
regulatory agencies may enter a parcel on which a
hazardous waste facility permit has been qranted for the
purpose of monitorinq the operation of the facility.
3 . Zn addition to the requirements of Chapter 15.33 of the
orange Municipal Code, the holder of a hazardous waste
facility permit shall report quarterly to the City of
Oranqe Fire Department, the amount, type and disposition
of all wastes processed by the facility. The report
shall also include a map showinq the exact location
coordinates and elevation) by quantity and types of
materials placed in repositories (or otherwise stored or
disposed of) onsite.
t. All structures shall remain accessible for inspection
purposes.
D. C:losure Plan. Pursuant to Section 17.42.040.N, the owner or
operator of a hazardous waste manaqement facility shall
s ubmit a written closure plan, which must be approved as part
of the permit process by the City Council. A copy of the
eipproved plan and all revisions to the plan shall be kept at
t:he facility until closure is completed. The plan ahall
i.dentify steps necessary to completely or partially close the
f'acility at any point during its intended operating life and
t:o completely close the facility at the end of ita intended
ciperating life. The closure plan shall include at least:
7.. A description of how and when the facility will be
partially closed, if applicable, and finally closed. The
description shall identify the maximum extent of the
operation which will be open during the life of the
facility.
2 . An estimate of the maximum inventory of wastes in storage
and in treatment at any time during the life of the
facility.
3 . A description of the steps needed to decontaminate
facility equipment during closure.
4 . An estimate of the expected year of closure and a
schedule for final closure. The schedule shall include
at minimum, the total time requirad to close the facility
and the time required for intervening cloBure activities
which will allow trackinq of the progress of closure.
The owner or operator may amend hie closure plan at any
time durinq the active life of the facility. (The active
life of the facility is that period durinq which wastes
578-159 11/95)
ORANGE MUNICIPAL CODE
17.42 . 110
are periodically received. ) The owner or operator shall
amend the plan whenever changes in operating plans or
facility design affect the closure plan, or whenever
there is a chanqe in the expected year of closure. When
the owner or operator requeats a permit modiffcation to
authorize a chanqe of operating plans or facility desiqn,
he shall request a modification of the closure plan at
the same time.
i. The plan shall clearly indicate an effective and onqoing
use for the facility after cloaure. The plan will
identify how the subject property will be uaed after the
anticipated life of the project; the nature and type of
reclamation, proviaions for maintenance of the project
and finally the requirements for lonq-term monitorinq of
the reclaimed area to ensure no hazardous materials are
leaking from the site.
ti. The plan shall indicate financial arrangemente
irrevocable trust or other form of security arrangement)
for the purpose of providinq funds for the closure of its
site and its long-term post closure monitoring
maintenance, per Section 17.42 . 110.E.3 .
E. 1?inancial Responsibility. Prior to issuance of an "Occupancy
I?ermit" to begin the use identified in this permit, the
applicant shall show proof of liability insurance as follows:
The types, amounts, periods of coveraqe, and proviaions
for periodic review as to adequacy of coveraqe shall be
specified in the conditions of approval. Required
insurance shall include, but not be limited to: qeneral
liability insurance, automotive liability insurance,
environmental impairment liability insurance, and
architect's and enqineer's professional liability
insurance. All such insurance ehall be in form,
substance and amounts, and with carriers, acceptable to
the City; shall name the City as an additional insured
and ahall be maintained for the life of the site and such
additional periods as ahall be specified in the
conditions of approval.
2. Additionally, coverage will be provided for workers
compensation insurance and such other insurance as may be
required. Said insurance will name the City as either
additional insured or as an additional loss payee.
Certificates of Insurance will be submitted to the City
annually.
11/Si5) 578-160
ORANGE MUNICIPAL CODE
17.42. 110--17.42. 120
3 . An irrevocable trust will be established to provide funds
for closure of the site and its long-term post-closure
and monitoring and maintenance. Funds for this trust
would be provided by the Owner/Operator of the facility
quarterly based on quantity and types of hazardous wastes
received and processed or percentage of qross income.
The terms of the Trust shall be in amounts and reasonably
calculated to provide sufficient funds to fully implement
the closure, and shall be in form and substance
acceptable to the Community Development Director. The
terms will be reviewed annually regardinq the amount of
funda in the trust and antfcipated closure monitoring and
maintenance costs. Applicant shall also provide a bond
in an amount to be determined by' the City for purposea of
closure of the site.
4. The applicant shall defend, indemnify, and hold harmless
the City, its officers, agents, servants, and eaployees
from all claims, actions or liabilities ariaing out of
the issuance of this permit, operations at the facility
and transportation of wastes to and from the facility.
F. Additional Conditions. The Planning Commission or City
Council may impose such additional conditions upon any
hazardous waste facility permit as it deems necessary or
proper to achieve the purposes of this ordinance and the
City's General Plan and/or to protect the health, safety and
general welfare of the community or affected pereons and
property. (Ords. 12-95; 16-92 : Prior Code 17. 100. 110)
17.42. 120 - Use of Permit.
A. Qualifying Facilities. A Hazardous Waste Facility Sitinq
Permit shall be qranted for only those substances and
quantities identified in the conditions of approval. No
additional types of wastes or increases in the quantity of
approved wastes shall be allowed beyond thoge specified in
the approved facility permit, unless a separate application
is made therefore, which shall satisfy the same procedures
and requirements as those for an initial application.
B. Expiration of Permit. Any Hazardous Waste Facility Siting
Permit that is granted shall be used within two years from
the effective date thereof, or within such additional time as
may be set forth in the conditions of approval, which shall
not exceed a total of five years; otherwise, the permit shall
be null and void. Notwithstanding the foregoing, if a permit
578-161 11/95)
ORANGE MUNICIPAL CODE
17.4:t . 120
i.s required to be used within less than five years the
permittee may, prior to its expiration, requeat an extension
of time in which to use the permit. A request for extension
of time shall be made to the body issuinq the original
permit, on forms provided by the Community Development
Liepartment and shall be filed with the Community Development
I epartment accompanied by the appropriate fee. Within 60
6lays following the filing of a request for an extension, the
aiatter shall be set as an advertised public hearinq on the
regular agenda of the City Council who shall review the
a pplication. An extension of time may be granted upon a
dletermination that valid reason exists for permittee not
u sinq the permit within the required period of time; that the
permittee has complied in good faith with all applicable
c.onditions of the permit to date; and that there has been no
i.ntervening change in circumstances that would render the
e:xtension a potential detriment to health, safety or qeneral
w elfare. The City Council in qrantinq an extension may
i.mpose additional conditions or modffy previous conditions as
i.t may deem neceasary or proper based upon the applicable
s tandards for grantinq an original permit. If an extension
is qranted, the total time allowed for use of the permit
shall not exceed a period of seven years, calculated from the
e.ffective date of the issuance of the original permit. The
t.erm "use" ahall mean the beqinninq of substantial
c.onstruction of the use that is authorized, which
c.onstruction must thereafter be pursued diliqently to
completion.
C. Permit Review and Renewal. Permit review and renewal shall
be determined at the time of approval, but an initial review
and renewal procedure shall be required not more than three
years from the date of project completion. (Ords. 12-95; 16-
92 : Prior Code 17.100.120)
11/95) 578-162
ORANGE MUNICIPAL CODE
17.44--17.44.020
CHAPTER 17.44
DEVELOPMENT AGREEMENTS
Secti.ons•
17.44. 010 Authority and Scope
17.44. 020 Application Forms
17.44. 030 Fees
17.44. 040 Qualified Applicant
17.44.050 Proposed Agreement
17.44.060 Filinq and Review of Application
17.44 .070 Notice of Intention
17.44 .080 Manner of Giving Notice
17.44 .090 Failure to Receive Notice
17.44 .100 Hearing and Recommendation of Planninq Commission
17.44.110 Recommendation of Oranqe Redevelopment Agency
17.44.120 Hearing by City Council
1'I.44. 130 Decision by City Council
17.44. 140 Approval of Development Agreement
17.44. 150 Recordation
17. 44. 160 Amendment and Cancellation '
17. 44. 170 Periodic Review
17. 44. 180 t odification or Termination
17. 44. 190 Irregularity in Proceedings
17.44.200 Policy
7.44.010 Authoritv and Scope. This chapter is adopted
pursuiant to Government Code Section 65864, et. seq. as the same
may r.iow exist or hereafter be amended. All development
agree:ments entered into on or after the date of approval of this
chapt.er shall be processed in accordance with the provisions of
this chapter. (Ords. 12-95; 40-88 : Prior Code 17. 98. 010)
7.44 .020 Aoolication Forms. The Community Development
Direc:tor shall prescribe the form of each application, notice and
docuaients provided for or required under this chapter for the
prepa.ration, processing and implementation of development
agree:ments. The application shall include as separate documents
and/c r concurrent land use actions and supporting documents by
refez•ence, the following information:
A. Duration of the agreement;
B. A legal description of all property affected by the
agreement;
C. The permitted uses of the property;
578-163 11/95)
ORANGE MUNICIPAL CODE
17.49:.020--17.44. 050
D. The density or intensity of use of the property;
E. The maximum heiqht and size of proposed buildings;
F. Provisions for reservation of land dedication for public
purposes;
G. Fiscal impact statement;
H. Phasing and project completion date;
i. Consistency with the General Plan and any applicable
specific plan;
J. Site plans, elevations, and all other such pertinent
information concerning and describing the proposed project;
K. Specific public facilities that will be required to serve
the project, and provision for financing such facilities;
L. Name of legal entity with which the City would contract;
identity of all joint ventures, limited partners, or others
with whom the developer proposes to associate; and
M. Any additional information and supporting data as the
Director considers necessary to process the application.
Ords. 12-95; 40-88: Prior Code 17.98. 020)
7.44.030 Fees. The City Council shall establish, and from
time to time amend by resolution, a schedule of fees imposed for
the f'iling and processinq of each application and document
requi.red by this chapter. The fee may be waived in whole or in
part by the City Council. (Ords. 12-95; 40-88: Prior Code
17.98 . 030)
7.44. 040 Oualified Apnlicant. An application for a
development agreement may only be filed by a person, or the
authc rized representative of such a person, who has a leqal or
equit.able interest in the real property located within the
munic:ipal boundaries of the City, or real property to be annexed
to th.e City of Orange, for which a development agreement is
sough.t. Written evidence of such title or authority shall
accomipany the application. (Ords. 12-95; 40-88: Prior Code
17.98 . 040)
7.44.050 Pronosed Aqreement. Each application shall be
accomipanied by the development agreement proposed by the
applicant consistent in form with the City of Oranqe Model
Development Agreement incorporated herein by reference. (Ords.
12-95 ; 40-88: Prior Code 17.98.050)
11/95) 578-164
ORANGE MUNICIPAL CODE
17.44 .060--17.44. 090
T.44. 060 Filinq and Review of Antilication. The Community
Devel.opment Department shall endorse on the application the date
it is received. The application and proposed development
aqree:ment shall be distributed to a Staff Review Committee
compr ised of representatives of the various City Departments.
The D irector and Committee shall review the application and
deter ine the additional requirements necessary to complete the
agree:ment. The Director may reject the application if it is not
completed in the manner required by this chapter. After
receivinq the required information, the Director shall prepare a
staff report. The staff report shall analyze the proposed
development and shall contain a recommendation as to whether or
not the development aqreement proposed, or in an amended form,
would be consistent with the General Plan or any applicable
specific plan, and shall state what action will be required for
compliance with the California Environmental Quality Act, to the
extent that it is applicable. The staff report and the proposed
development agreement shall be distributed to members of the
Planning Commission and the City Council. (Ords. 12-95; 40-88:
Prior Code 17.98.060)
7.44 .070 Notice of Intention. Upon completion of the staff
report required by Section 17.44. 060, in addition to any other
notice required by law, the Director shall qive notice of
intention to consider adoption of a development agreement. The
notice shall contain:
A. Tlhe time and place of the public hearinq before the Planninq
C ommission;
B. A qeneral explanation of the development aqreement, including
a general description of the property proposed to be
d_veloped;
C. O ther information that the Director considers necessary or
d esirable. (Ords. 12-95; 40-88: Prior Code 17.98.070)
7.44.080 Manner of Giving Notice. All notice required by
this Chapter shall be qiven in the manner provided in Section
17. 08.040, in accordance with Government Code Section 65867.
Ords. 12-95; 40-88: Prior Code 17.98.080)
7.44. 090 Failure to Receive Notice. The failure to receive
notice by any persons entitled thereto by law or by this chapter
does not affect the authority of the City to enter into a
development agreement or the validity of any such aqreement.
Ords. 12-95; 40-88: Prior Code 17.98.090)
578-165 11/95)
ORANGE MUNICIPAL CODE
17.44 . 100-17 .44. 120
7 44 100 Hearing and Recou TMendation of Planninq Co iss on.
The 1?lanning Commission shall hold a public hearing on the
proposed development agreement at the time and place specified in
the notice of intention or in accordance with any continuance
therE:of granted by the Planning Commission at the scheduled
hear ing. The Planning Commission shall make its recommendation
to the City Council in writinq within 30 days of the public
hear inq. The recommendation shall include whether or not the
proposed development agreement:
A. I:s consistent with the objectives, policiea, qeneral land
uises, and proqrams specified in the General Plan and any
a pplicable specific plan or redevelopment plan;
B. Is compatible with the uses authorized in the dietrict or
lanninq area in which the real property is located;
C. Is in conformity with the public necessity, public
c:onvenience, qeneral welfare, and good land use practices;
D. W ill be beneficial to the health, safety, and general welfare
c:onsistent with the policy of the City with respect to
d.evelopment agreements as provided in Section 17.44.200;
E. W'ill adversely affect the orderly development of property in
t.he City. (Ords. 12-95; 40-88: Prior Code 17. 98. 100)
7.44. 110 Recommendation of Oranae Redevelooment Aaencv.
Any proposed development aqreement located within a redevelopment
projE:ct area in the City shall be reviewed by the Redevelopment
Agenc:y. The Redevelopment Agency shall make its recommendation
to tYie City Council, based upon whether the proposed agreement
promc>tes the policies and purposes of the applicable
rede elopment plan. The Redevelopment Aqency shall not be
requi.red to hold a public hearing, and its recommendation may be
made either in writing or by oral motion and the vote of the
majoi•ity of the Aqency members in voting. (Ords. 12-95; 40-88:
Priox• Code 17.98. 110)
7.44 . 120 Hearinq bv Citv Council. After the recommendation
of ttie Planning Commission (and Redevelopment Agency, if
appli.cable) or after the expiration of the time period specified
in Se ction 17.44. 100, the Director shall give notice of a public
heari.nq before the City Council in the manner provfded for in
Secti.ons 17.44. 070 and 17 .44. 080. (Ords. 12-95; 40-88: Prior
Code 17.98. 120)
11/5 5) 578-166
ORANGE MUNICIPAL CODE
17.44.130--17.44 . 160
7.44. 130 Decision by City Council.
A. A,fter it completes the public hearinq and considers the
x•ecommendation, if any, of the Planninq Commission and, if
a pplicable, the Redevelopment Agency, the City Council may
a,ccept, modify, or deny the proposed development agreement.
I:t may, but need not, refer the matters not previously
c:onsidered by the Planning Commission during its hearing,
t ack to the Planninq Commission, who shall not be required to
h old a public hearing on matters referred back to it by the
C'ity Council.
B. 4'he development aqreement ahall not be approved unless the
C'ity Council finds that the development agreement is
c,onsistent with the General Plan and any applicable specific
p lan or redevelopment plan. (Ords. 12-95; 40-88: Prior Code
1.7.98.130)
7.44. 140 Aoproval of Develogment Agreement. Approval of
the ctevelopment agreement shall be by the adoption of an
ordinance. Upon the approval of the Ordinance, the City shall
entez- into the development agreement by the execution thereof by
the Mayor. (Ords. 12-95; 40-88: Prior Code 17.98.140)
7.44. 150 Recordation.
A. N'o later than ten days after the City enters into the
d.evelopment agreement, the City Clerk shall record with the
C'ounty Recorder a copy of the development agreement.
B. If the parties to the agreement or their successors in
interest amend or cancel the agreement, or if the City
t.erminates or modifies the agreement for failure of the
applicant to comply in good faith with the terms or
aonditions of the aqreement, the City Clerk shall cause
n.otice of such action to be recorded with the County
R.ecorder. (Ords. 12-95; 40-88: Prior Code 17.98. 150)
7.44. 160 Amendment and Cancellation.
A. E;ither the City or the applicant or successor in interest
thereto may propose an amendment or cancellation in whole or
in part of the development aqreement.
B. T'he procedure for proposinq and approvinq an amendment to or
cancellation in whole or in part of the development agreement
ahall be the same as the procedure for enterinq into a
d.evelopment agreement.
578-167 11/95)
ORANGE MUNICIPAL CODE
17 .44. 160--17.44. 180
C. Fsxcept as provided for in Section 17.44 . 180, the development
aigreement may only be amended or canceled in whole or in part
k>y the mutual consent of all partieg to the development
zigreement. (Ords. 12-95; 40-88: Prior Code 17 .98. 160)
7.44. 170 Periodic Review.
A. 7'he City Council shall review the development agreement at
east every 12 months from the date the development agreement
i.s entered into until expiration of the term of the
zigreement.
B. 7'he Director shall give the applicant or successor in
i.nterest thereto at least 30 days advance notice of the time
ait which the City Council will review the development
aiqreement.
C. 7'he City Council may refer the matter to the Planning
C:ommission for further proceedings or for a report and
recommendation.
D. 7'he applicant or successor in interest thereto shall
dlemonstrate good faith compliance with the terms of the
dlevelopment agreement. The burden of proof on this issue
s;hall be on the applicant or successor in interest.
E. I:f, as a result of such periodic review, the City Council
f'inds and determines, on the basis of substantial evidence,
t:hat the applicant or successor in interest thereto has not
c:omplied in good faith with the terms or conditions of the
dlevelopment agreement, the City Council may commence
proceedings to enforce, modify, or terminate the development
a greement. (Ords. 12-95; 40-88: Prior Code 17.98. 170)
3.7.44. 180 Modification or Termination.
A. I:f, upon a finding under Section 17.44. 170.D, the City
C:ouncil determines to proceed with modification or
t.ermination of the development agreement, the City Council
s hall give notice to the applicant or successor in interest
thereto of its intention to do so. The notices shall
c:ontain:
1.. The time and place of the hearing;
2 . A statement as to whether or not the City Council
proposes to modify or terminate the development
agreement;
11/515) 578-168
ORANGE MUNICIPAL CODE
17.44.180--17.44 .200
S. Any proposed modification to the development agreement;
4. Other information which the City Council considers
necessary to inform the applicant or successor in
interest thereto of the nature of the hearing.
B. 1t the time set for the hearing on the modification or
t:ermination, the City Council may refer the matter back to
t:he Planning Commission for further proceedings or for report
and recommendation. The City Council may take such action as
ilt deems necessary to protect the interests of the City. The
iecision of the City Council shall be final and notice
t:hereof shall be recorded as prescribed in Section 17.44. 150.
I;Ords. 12-95; 40-88: Prior Code 17.98. 180)
7.44. 190 Irregularitv in Proceedinas. No action, inaction,
or riacommendation reqarding the proposed development agreement
shal:l be held void or invalid or be set aside by a court by
reasi n of any error, irregularity, informality, neglect, or
omis sion as to any matter pertaining to the application, notice,
find:ing, record, hearing, report, recommendation, or any other
mattiars of procedure whatsoever unless after an examination of
the iantire record the court is of the opinion that the error
comp:Lained of was prejudicial and that a different result would
have been probable if the error had not occurred or existed.
Ord:s. 12-95; 40-88: Prior Code 17.98. 190)
7.44.200 Policv. It is the policy of the City of Oranqe to
ente c into development agreements under the provisions of this
chapl er where the development aqreement and proposed development
proj act, in the City's opinion, is of significant public benefit
not nly to the prospective residents of the proposed
deve:Lopment, but to the entire community. (Ords. 12-95; 40-88:
Prio r Code 17.98.200)
5'78-169 11/95)