ORD-11-82 URGENCY MEASURE PROHIBITING THE ESTABLISHMENT OF NON-RETAIL USES IN ANY COMMERCIALLY ZONED PROPERTY LOCATED ON THE GROUND FLOOR OF A BUILDING IN THE OLD TOWNE AREAORDINANCE NO. 11-
82 AN INTERIM ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF ORANGE ADOPTED AS
AN URGENCY MEASURE PROHIBITING THE
ESTAB-LISHMENT OF NON-RETAIL USES IN
ANY COM-MERCIALLY ZONED PROPERTY LOCATED
ON THE GROUND FLOOR OF A BUILDING
LOCATED WITH-IN A CERTAIN DESCRIBED AREA
KNOw~ FM1IL-IARLY AS THE "OLD TOWNE AREA",
AND RE-QUIRING THAT ANY NON-RETAIL
USE BE ESTAB-LISHED ONLY AFTER APPROVAL
OF A CONDI-TIONAL USE PERMIT BY THE
CITY COUNCIL OF THE
CITY OF ORANGE.WHEREAS, the City of Orange has undertaken
an effort to improve and revi tal ize the downtown plaza area of
the City; and WHEREAS, the plaza area has been recognized
as a historic district by being placed on the National Reg istry
of Histor
ic Places; and WHEREAS, citizens, merchants, and property
owners have been working dil igently to develop an improvement plan for
the histor ic preservation and commercial revitalization of
that certain area known as the "01 d Towne
Ar ea"; and WHEREAS, the Old Towne boundaries are
described as commercial-ly zoned properties within an area encompassed by
Almond on the south, Maple on the north, Lemon on the west and
Grand on the east, and those commercially zoned properties
located on both sides of the
aforementioned streets; and WHEREAS, the Old Towne Steering Committee
with the assistance of the City staff has been developing an Old
Towne Overlay Zone which incl udes the designation of the uses permi tted
and a system of processing approval of
such uses; and WHEREAS, included within the
aforementioned planning effort and overlay zone is consideration of a
proposal to limit non-retail uses in ground floor facili
ties of the aforementioned
Old Towne Area; and WHEREAS, the Old Towne Committee and
City has engaged in Planning efforts and hired a planning
coordinator to prepare plans for the aforementioned Old Towne Area, all of
which plans could be threatened or destroyed by a continuation
of the establishment of non-retail uses in ground
floor facilities of the aforementioned Old 'I'owne Area without proper
Council review prior to the establishmen
t of such non-retail uses.NOW, THEREFORE, THE CITY COUNCIL
OF THE CITY
SECTION I:
That any non-retail use of land located on the ground
floor within that certain hereinafter described area known as the
Old Towne Area shall not be permitted unless and until the
City Council has approved a conditional use permit after a
public hearing as required by law for the establishment of
such non-retail uses in
that area.The City Council consideration of any such
non-retail condi-tional use permIt shall include, but not be
limited to, the following factors: Off-street parking
demands generated by the proposed use, vehicular ingress
and egress, building occupancy requirements, including
exiting facilities for pedestrians,exterior building facia, proposed signs,
and such other factors as may be deemed appropriate
by the City Council.The Old Towne Area to which
this Ordinance applies
is described as follows:All
commercially zoned parcels located on the ground floor
of both sides of the following
public streets, as well as all
areas encompassed within these streets: Almond
on the south; Maple on the north; Lemon
on the west;
Grand on
the east.SECTION II:The herein described Ordinance
shall continue in full force and effect for a period of
One Hundred and Twenty 120) days from the effective date
of this Ordinance, or until an Ordinance regulating
the establishment and oper-ation of non-retail uses is
considered by the City Planning Commission and the City Council and
is finally acted upon by those
bodies, whichever
date occurs first.SECTION III:The reasons for the urgency
of
this Ordinance are as follows:Retail
business establishments in the aforementioned described Old Towne Area
have heretofore been required to vacate their premises and
the danger exists that non-retail uses may occupy
these vacated spaces without prior hearing and consideration by
the City Council to determine whether such non-retail uses
are appropriate to the ala Towne Area and prior to the time
the City can complete the study and adoption of
an Old Towne Overlay Zone and plan.Since there
are included among the proposals and plans for the Old Towne
area, a proposal to limit and otherwise restrict non-
retail uses in ground floor locations of the Old Towne
Area, it is important that the Planning Commission and the City
Council be given adequate time to study this plan
and these proposals. If the herein described urgency
ordinance is not enacted to become effective immediately,the
establishment of non-retail uses in ground floor loca-
tions within this area could destroy
the
Therefore, pursuant to the procedures of Section 65858 of the
Government Code, the City Council of the City of Orange hereby
enacts this interim ordinance as an urgency measure in order to
protect the public health, safety and welfare during the deliber-
ation and public hearings on the question of the adoption of the
Old Towne Overlay Zone and plan regulating the matters contained
herein.
ADOPTED this 23rd day of March, 1982.
Attest:
1Ir~-~dV City
Cler of th Cit of Orange STATE
OF CALIFORNIA )COUNTY
OF ORANGE ) 5S CITY
OF ORANGE )I, ~
ARILYN J. JENSEN, City Clerk of the City of Orange,California,
DO HEREBY CERTIFY that the foregoing Ordinance No.
11-82 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 23rd day
of March, 1982, by the following vote, to wit:
AYES:COUNCILMEN: Barrera, Smith, Mayor Beam, Perez, Beyer
NOES:COUNCILMEN: None
ABSENT:COUNCILMEN: None
WITNESS my hand and seal this 24th day of March, 1982.
of Orange
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