HomeMy WebLinkAboutORD-15-80 PROVIDE REQUIREMENTS FOR THE COMMERCIAL GROWING OF TREES AND SHRUBS AS A PERMITTED USE IN THE R-1 SINGLE FAMILY RESIDENCE DISTRICTp..-(J\lANGECITY NEWS: Please publish Wednesday, February 20, 1980 only and send PROO!'It .",
PROOF OF PUBLICATION to City Clerk, P.O. Box 449, Orange, C"lif'ornia 92666.6;
lARD,)'
B.J".JF~~,g",L(;I TY. .(~LER5 ORDINANCE NO. 15-
80 AN INTERIM
ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF ORANGE ADOPTED AS AN URGENCY MEASURE AMENDING
SECTION l7.26.0l0(c) OF THE ORANGE MUNICIPAL
CODE TO PROVIDE REQUIREMENTS FOR THE
COMMERCIAL GROWING OF TREES AND SHRUBS AS A
PERMITTED USE IN THE R-l SINGLE FAMILY RESIDENCE
DISTRICT.WHERE~
S, C~lifornia Government Code Section 65858 provides that
a leg~slahve body to protect the public safety, health and welfare
may adopt as an urgency measure an interim ordinance, to prohibit
any uses which may be in conflict with a contemplated zoning
proposal which the legislative body, Planning Commission or
the Planning Department is considering or studying or intends to
study wi thin a reasonable time; and WHEREAS,
an urgency measure adopted in accordance with Government
Code section 65858 may be effective for one hundred twenty
days; and WHEREAS,
there presently exists plans to use a portion of the
Southern Pacific right-of-way west of Esplanade Street
between La Veta Avenue and Fairhaven Avenue, as a commercial nursery;
and WHEREAS, the City Council and Staff need sufficient time
to review the uses permitted in the Single Family Residence
District to determine if additional legislation is required;
and WHEREAS, said use may be permanently detrimental to
adjacent residential
properties.SECTION
I:The City Council hereby ordains that Section 17.26.0l0(c)
of the Orange Municipal Code shall be amended to read as
follows:c) Growing of trees and shrubs for purposes of
propagation and culture only, provided, however, that no
building or structure and no sales of any type whatsoever
shall be permitted other than seasonal sales associated
with national holidays and incidental buildings and
structures required for such seasonal sales and, provided
further,that no seasonal sale period shall exceed one
consecutive thirty-day period during a calendar year at
the conclusion of which seasonal sales all buildings
and structures shall be removed, except that at least
one portable chemical toilet facility shall be available
on the premises at
all times.
SECTION II:The facts constituting the urgency justifying
the enactment of this ordinance are
as follows:The City Council is not now fully aware of the
effects of the operation of a commercial nursery immediately
a.-residential properties.
Of particular concern are possible increased traffic,
dust, lights, invasions of privacy, and noise;conditions which
are not reasonably compatible with residential uses. The
City Council desires sufficient time to study the uses now permitted
in the Single Family Residential District and to adopt such
legislation as may be required to protect the public safety, health
and welfare.THEREFORE, pursuant
to the provisions of Section 65858 of the Cal
ifornia Government Code and in order to protect the pub 1 ic safety, health
and welfare, the City Council hereby adopts this interim ordinance
as an urgency measure.ADOPTED this
12th day of February, 1980.1<-"'1'"
o....~Mayor
of the
City of Orange 7.'1 ;;-ci~~
l'erre'-;
1
7'_,'-....~H,~'.;JI"
t..-"'"""
th~' Ci~ of Orange ATTEST:
STATEOF
CALIFORNIA )COUNTY OF ORANGE )
ss
CITY OF ORANGE )
I, MARILYN J. JENSEN,
City Clerk of
the City of Orange, California, DO HEREBY CERTIFY that the foregoing ordinance was
regularly introduced, reading in full was waived, was read by Title,
was passed and adopted at a regular meeting of the City Council, City of Orange,
California, held on the 12th day of February.1980, by the following vote, to wit:
AYES:NOES:ABSENT:COUNCILMEN:COUNCTLMEN:COUNCILMEN:BARRERA,
SMITH,
MAYOR
HOYT,
PEREZ,
BEfu~.
NONE
NONE if ...",,,"} ,'/J~ r, .Jj'!J' ,!;.
r:;# (",,,...
e"<'~
t,,y2,~:J' ...."e
j' ,"6'; _"!.'_"",' c::.(!,t:: ,~,,1', .,..,./ .,,'#7 i''''''''''''''''' ,;
7--" (.
i'" '.,"Marilyn . . Jensen, .City Cle,rk
of
the City
of Orange
WITNESS my hand and seal this 13th day
of February, 1980.2-