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ORD-32-86 ALLOW HOTEL AND MOTEL USE IN C-P C-1 C-TR C-2 C-3 DISTRICTS ONLT BY CONDITIONAL USE PERMITS TO MODIFY KITCHEN UNITSl ORDINANCE NO. 32- 86 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ORANGE AMENDING CHAPTERS 17. 40,17.42, AND 17.43 OF THE ORANGE MUNICIPAL CODE TO ALLOW HOTEL 1\ND MOTEL USES IN THE C-P, C-l, C-TR, C-2, AND C-3 DISTRICTS ONLY BY CONDITIONAL USE PERMIT; TO MODIFY EXISTING REGULATIONS FOR KITCHEN UNITS; AND TO RESCIND ORDINANCE NO. 19- 86,ADOPTED AS AN URGENCY MEASURE ON JUNE 17, 1986.WHEREAS, the City Council adopted a series of ordinances as urgency measures declaring a moratorium on the issuance of building permits for hotels and motels in the commercially-zoned districts of the City in order to study the matter and to develop appropriate legislation; and WHEREAS, the Orange Municipal Code presently allows the hotel and motel use in the CP, Cl, C-TR, C- 2, and C-3 districts as a permitted use; and WHEREAS, after considerable study by staff, the Plan-ning Commission, and the City Council, the Council has determined that the public health, safety," and welfare would be better protected if the hotel and motel use in the com-mercial districts are permitted subject to the Conditional Use Permit process, including public hearings before the Planning Commission; and WHEREAS, the City Council has .further determined that the percentage of kitchen units allowable in hotels and motels of less than 50 total units shall be increased from 10% to 25% and in hotels and motels of 50 or more units shall be increased to 100%; and WHEREAS, this amendment is justified because the industry trend is toward the "suite concept" and with the adoption of the Conditional Use Permit procedure set forth herein requiring the review of new hotel and motel uses,concerns about possible abuses are greatly reduced. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ORANGE ORDAINS AS FOLLOWS:Section I: Chapter 17.40 A. Delete existing No. 8 from the listing of uses permitted in Section 17.40.030 which reads:8. Hotels and motor inns;"Renumber present No. 9 through No. 18 to read as follows:8. Institutions of an educational, philantropic, or charitable nature, not including business-sponsored or operated by such institutions; 9. Offices; 10. Photographic and art studios and galleries, but not including motion picture studios; 11. Prescription pharmacies (apothecary only); 12. Public utility payment or business office; 13. Restaurant and/or coffee shop (not including drive-thru or walkup restaurants nor establishments provid-ing on-sale alcoholic beverages nor any restaurant or retail food preparation establishment having less than two thousand two hundred square feet of gross floor area);14. Service stations pursuant to the provisions of Chapter 17.88:15. Tailor shops;16. Tobacco and pipe shop;17. Travel agency."B. Designate existing Section 17.40.040c as Section 17.40.040d and add Section 17.40.040c to read as follows:c. Hotels and motels with up to 25% kitchen units,except that developments containing 50 units or more may provide 100% kitchen units." Section II:Chapter 17.42 of the Orange Municipal Code is hereby amended to read as follows:A. Amend Section 17.42.030B to read as follows:B. Retail stores and personal service establishments within a building, including animal hospitals, antiqueOrd 32.,. I shops, appliance stores, bakeries (not wholesale), banks,barber shops, department stores, drug stores, food stores,hardware stores, mortuaries, shoe shops, studios, and tailor shops."B. Amend Section l7.42.040K to read as follows:K. Hotels and rnotels with up to 25% kitchen units,except that developments containing 50 units or more may provide lOO% kitchen units."Section III:Chapter 17.43 of the Orange Municipal Code is hereby amended to read as follows:A. Amend Section 17.43.020B of the Orange Municipal Code to read as follows:B. Retail and personal service establishments within a building, including animal hospitals, antique shops,appliance stores, bakeries (not wholesale), banks, barber shops, department stores, drug stores, food stores, hardware stores, mortuaries, shoe shops, studios, and tailor shops."B. Amend Section 17.43.030J to read as follows:J. Hotels and motels with up to 25% kitchen units,except that developments containing 50 units or more may provide 100% kitchen units."Section IV:Interim Ordinance No. 19-86, adopted as an urgency measure on June 17, 1986, entitled: ORDINANCE NO. 19- 86 AN INTERIM ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ORANGE ADOPTED AS AN UR-GENCY MEASURE EXTENDING THE EFFECTIVE DATE OF ORDINANCE NO. 18-86 IMPOSING A MOROTORIUM ON THE CONSTRUCTION OF A MOTEL OR HOTEL USE ON REAL PROPERTY SITUATED AT 3858 EAST CHAPMEN AVENUE IN THE CITY OF ORANGE.shall be rescinded and shall be without further force and effect on the date that the herein Ordinance No. 32-86 shall become effective. Section V: A summary of this Ordinance shall be published and a certified copy of the full text of this Ordinance shall be posted in the Office of the City Clerk at least five (5) days prior to the City Council meeting at which this Or- dinance is to be adopted. A summary of this Ordinance shall also be published once within fifteen (15) days after this Ordinance's passage in the Orange City News, a newspaper of general circulation, published, and circulated in the City of Orange. The City Clerk shall post in the Office of the City Clerk a certified copy of the full text of such adopted Ordinance along with the names of those City Council members voting for and against the Ordinance in accordance with Government Code Section 36933. This Ordinance shall take effect thirty (30) days from and after the date of its final passage. ADOPTED this 16th day of 1986. ATTEST: A~;tf#rt) Q ~'~ City Cle of ~e C' of Orange STATE OF 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 introduced at the regular meeting of the City Council held on the 9th day of December , 1986, and thereafter at a regular meeting of said City Council duly held on the lhth day of December , 1986 was duly passed and adopted by the following vote, to wit: AYES:COUNCILMEN: SMITH, BARRERA, COONTZ, MAYOR PEREZ, BEYER NOES:COUNCILMEN: NONE ABSENT:COUNCILMEN: NONE Ci~~~~~ Ord 32-86