ORD-03-87 URGENCY MEASURE REQUIRING CONDITIONAL USE PERMITORDINANCE NO. 3-
87 AN INTERIM ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF ORANGE ADOPTED AS
AN URGENCY MEASURE REQUIRING THAT A
CONDI-TIONAL USE PERMIT BE APPROVED FOR
THE ESTABLISHMENT OF CERTAIN PERMITTED
USES IN THE C-2 DISTRICT WHEN ANY
PORTION OF THE C-2 DISTRICT IS ADJACENT
TO ANY RE-
SIDENTIALLY ZONED PROPERTY.WHEREAS, all uses in the C-
l Limited Business District are permitted in the C-
2 General Business District. In addition, there are other permitted
uses in the C-2 District
including automotive-related businesses (sales and repair with minor and
incidental body and fender repair and minor auto
painting), fuel and feed stores, laundries, plumbing shops,
billiard parlors,
sheet metal shops, and storage garages; and WHEREAS, many of
these uses involve a high level of
activity, generating considerable vehicular traffic, as well as presenting
problems
of noise, light, and noxious fumes;and WHEREAS, there
are approximately 400 acres in the City designated as C-2, of
which about 300 acres are in the three major commercial centers,
i.e. the City, the Mall of Orange,and the area
in and
around the Town and Country shopping center; and WHEREAS,
most of the remaining property zoned as C-2
lies along Chapman Avenue, west of the Plaza; and WHEREAS,
many of the properties in the C-2
District are adjacent
to single-family homes and other properties which
are residentially-zoned; and WHEREAS, because of complaints of persons
residing near some of these businesses operating in the
C-2 District, the City Council has become very concerned that
present regulations and development standards for uses in
the C-2 District may be inadequate and may
allow some businesses
to unreasonably interfere with the peaceful use and
enjoyment of nearby residential properties; and WHEREAS, the Council has
activities carried on by these C-2 business uses in
close proximity to single-family homes and
apartments; and WHEREAS, the City Council needs time to
allow the Council, staff, and Planning Commission to study
the pos-sible adverse impacts on nearby residents of
continuing to allow all the uses permitted in the C-2
District other than C-l uses and to consider what, if
any, measures and, what,if any, amendments to the C-
2 District, are required to mitigate such impacts and
then to adopt appropriate legis-lation if such adverse
impacts are shown to exist.NOW, THEREFORE, THE CITY COUNCIL
OF THE CITY OF
ORANGE DOES
ORDAIN AS FOLLOWS:Section I:In accordance with
Section 65858 of the California Government Code, the City Council
of the City of Orange hereby declares that all uses
permitted in the C-2 General Business District, as set forth in
Section 17.44.030 of the Orange Municipal Code, other
than C-l uses, shall require a conditional use permit
when the property on which such C-2 use is to
be established is adjacent to real property
which is residentially-zoned. For purposes of this Ordinance,
properties are adjacent when the properties share any portion of a
common boundary, meet at any point, or are separated
only by any private right-of-way or a public
right-of-way less than 36 feet in
width. This Interim Ordinance shall become effective immediately upon adoption and remain
in effect for the period of time provided by law
or until the City Council
takes an
action to supercede or abrogate this Ordinance, whichever
event occurs first.Section II:The facts
constituting the enactment of this Ordinance as an
urgency measure are as follows:The City Council has
received several complaints from persons living near businesses
in the C-2 District. Under existing ordinances, these businesses are
violating no land use or zoning laws and the
matters complained of may not constitute public nuisances. There may
be uses now permitted in the C-
2 District which may be incompatiable with nearby
residentially-zoned properties. Such uses, however, may be
made compatiable to these nearby residential properties if appropriate mitigating
conditions are imposed at the
The City Council needs time to review the entire matter and
to consider whether to revise City of Orange Ordinances.
Failure to adopt an emergency measure to permit some interim
City Council control of uses now permitted in the C-2
District may be adverse to the health, safety, and welfare of
the citizens of Orange. This Ordinance is adopted underpro-visions set forth in Section 65858 of the
California Government
Code.ADOPTED this 27th day of Januarv
1987.
ATTEST:
g~Clty Clerk thEVC1B7 0
Orange STATE OF
CALIFORNIA )COUNTY OF ORANGE )
ss CITY OF
ORANGE )I, MARILYN J. JENSEN, City Clerk of the City ofOrange,California, do hereby certify that the foregoing
Ordinance No. 3-87 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, Cali-fornia held on the 27th day of January , 1987,
by the following vote
to wit:AYES:COUNCILMEN: SMITH, BARRERA, COONTZ, MAYOR
PEREZ, BEYER NOES:
COUNCILMEN: NONE ABSENT:
COUNCILMEN: NONE Jt~City C e~he iiY'
of Orange 3 -ORD 3-