ORD-08-87 URGENCY MEASURE EXTENDING THE EFFECTIVE PERIOD OF ORD 3-87 REQUIRING A CONDITIONAL USE PERMIT BE APPROVED FOR THE ESTABLISHMENT OF CERTAIN PERMITTED USESORDINANCE NO. 8-
87 AN INTERIM ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF ORANGE ADOPTED AS
AN URGENCY MEASURE EXTENDING THE
EFFECTIVE PERIOD OF ORDINANCE 3-87
REQUIRING THAT A CONDITIONAL USE PERMIT BE
APPROVED FOR THE ESTABLISHMENT OF
CERTAIN PERMITTED USES IN THE C-2 DISTRICT
WHEN ANY POR-TION OF THE C-2
DISTRICT IS ADJACENT TO
ANY RESIDENTIALLY ZONED PROPERTY.WHEREAS, the City
Council adopted Interim Ordinance No. 3-87 as an urgency measure
on January 27, 1987; and WHEREAS, after
considering testimony at a duly-noticed public hearing on March
10, 1987, the City Council has determined that the
provisions of Interim Ordinance No. 3-87 shall be
extending for the maximum additional period permitted by California Government
Code Section 65858; that is to
say,ten months and fifteen days; and WHEREAS, the
recital clauses and Section II set forth herein are as
stated in Interim Ordinance No. 3-87 and Section II
amended only to extend the effective period of this
Interim Ordinance No. 8-87 until January 26, 1988,
unless this Ordinance is
sooner superceded or repealed by the City Council; and
WHEREAS, this Interim Ordinance No. 8-87 adds a require-
ment that each decision of the Planning Commission to grant a
conditional use permit for a C-2 use adjacent
to residen-tially-zoned property shall be reviewed by
the
City Council which may affirm, reverse, change, or modify
such decision;and 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,
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 regu-lations 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 determined that the public health, safety, and
welfare may be adversely affected by the 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 possible 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 legislation 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 thanC-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. The City Council shall
use
permit for a C-2 use adjacent to residentially-
zoned property. Such conditional use permit shall not
become effective until the City Council has completed the
review,because the City Council may affirm, reverse, change,
or modify the decision of the Planning Commission.
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 No. 8-
87 shall become effective on March 14, 1987, and shall
remain in effect through January 26,1988, or until the City
Council takes an action to supercede or abrogate
this Ordinance, whichever event occurs first.Interim Ordinance No.
3-87 ceases
to be
effective on March 13, 1987.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 permit-ted in
the C-2 District which may
be incompatible with nearby residentially-zoned properties. Such uses,
however,may be made compatible to these nearby residential
proper-ties if appropriate mitigating conditions are imposed at the
time these C-2 permitted uses are first proposed
to be established. 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 permit-ted
in the C-2 District may be adverse to the
health, safety,and welfare of the citizens of Orange. This
Ordinance is adopted
under provisions set forth in Section 65858
of
the
CaliforniaGovernment Code.ADOPTED this 10thday
of March 1987.M ATTEST:lJI.tJIl-'
Pf#7J. ie {)fAUP.d
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
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 lOth day of March , 1987, by
the following vote to
wit:AYES:COUNCILMEN: SMITH, BARRERA, COONTZ, MAYOR PEREZ,
BEYER NOES:COUNCILMEN:
NONE1';BSENT:COUNCILMEN:
NONE
nAn:~~. ~~~City Clerk theltY/6f
Orange ORD 8-87 4 -