ORD-04-88 REQUIRING CONDITIONAL USE PERMIT FOR CERTAIN DESCRIBED USES NOW LISTED AS PERMITTED USES IN THE C-2 DISTRICTORDINANCE NO. 4-
88 AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF ORANGE AMENDING
SECTIONS 17.44.030 AND 17.44.040 OF THE
ORANGE MUNICIPAL CODE AND REQUIRING
CONDITIONAL USE PERMIT APPROVAL FOR CERTAIN
DES-CRIBED USES NOW LISTED AS PERMITTED
USES IN THE C-
2 DISTRICT.WHEREAS, al I uses in the C-1 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, bi I I iard parlors,sheet
metal shops, and storage garages; and WHEREAS, many of these
uses involve a high level of activity, generating considerable
vehicular traffic, as wel I as presenting problems of noise,
I ight, 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 corrrnercial 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-
fami Iy 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 Counci I has become very concerned that present
regulations and development standards for uses in the C-
2 District may be inadequate and may al low
some businesses to
unreasonably interfere with the peaceful use and enjoyment of nearby residential
properties; and WHEREAS, the Counci I has determined that the
publ ic health,safety, and welfare may be adversely affected by
the activities carried on by
WHEREAS, the City Counci I and City staff has now studied the
problem of possible adverse impacts on nearby residents
resulting from a pol icy of continuing to al low al I the uses
permitted In the C-2 District other than C-1 uses
to be conducted In C-2 Districts even though
adjacent to residentially
zoned properties; and WHEREAS, the Counci I has determined, as a
result of such study. that certain uses hereinafter
described should be permitted only after approval of a Conditional
Use Permit if such uses are proposed to be conducted on
properties adjacent to
residentially zoned properties.NOW, THEREFORE, THE CITY COUNCIL OF THE CITY
OF ORANGE DOES
ORDAIN AS
FOLLOWS:Section I:Section 17.44.030 shal I be amended to read
as fol lows:The fol lowing uses shal I be permitted
in C-2 Districts:A. AI I uses permitted in
the
C-1 (Limited Business District).B. Retail stores and
personal service establ ishments within a
bu i Id i ng.C. Fuel and feed stores,
laundr les, newspaper publ ishing,plumbing shops, bi I I
iard parlors, research laboratories and institutes, sheet metal
shops, storage garages and wholesale bakeries only when located on
properties which are not adjacent to residentially
zoned properties. Properties are considered adjacent when they share any portion
of a common boundary. meet at any point or are separated only
by a private right-of-way or a publ ic
right-of-way less then 36 feet in
width.D. Automobile related businesses including automobi Ie
sales agencies and general automobile repair including minor
and incidental body and fender repairing and minor
incidental painting in connection with such general automobile repairing.only
when located on properties which are
not adjacent to residentially zoned properties as defined herein.
E. The practice or business of fortune-tell ing in compl
iance with Chapter 5.55 of the Orange Municipal
Code.Section
17.44.040 (Uses Requiring a
Conditional
Section II:
Section 17.44.040 shal I be amended to ~ead as fol lows:
J. Fue I and feed sto~es, I aund~ i es, newspape~ pub I ish i ng,
plumbing shops, bi I I ia~d pa~lo~s. ~esea~ch labo~ato~ies and
institutes, sheet metal shops, sto~age ga~ages and wholesale
bake~ies when located on p~ope~ties which a~e adjacent to
esidential Iy zoned p~ope~ties. P~ope~ties a~e conside~ed
adjacent when they sha~e any po~tion of a common bounda~y, meet
at any pOint o~ a~e sepa~ated only by a p~ivate ~ight-of-
way o~a publ ic ~ ight-of-way less than
36 feet in width.K. Automobile ~elated
businesses Including automobile sales agencies and gene~al automobile ~
epai~ including mino~ and incidental body and fende~ ~epai~
ing and mlno~ incidental painting in connection with such gene~
al automobile ~epai~ing,when located on p~ope~tles which a~e
adjacent to ~esidential Iy zoned p~ope~
ties as defined above.L. Othe~ comme~cial ente~p~iseswhich.
in the judgement of the Depa~tment of Community Development, a~
e simi la~ in cha~acte~ to and not mo~e det~ imenta I than
the othe~ uses
listed in
this section.Section III:A summa~y of this O~dinance shal I be
publ ished and a ce~tified copy of the full text of this
O~dinance shall be posted in the Office of the City Cle~k at
least five (5) days p~io~ to the City Counci I meeting at which this
O~dinance is to be adopted. A summa~y of this O~dinance shal I
also be publ ished once within fifteen (15) days afte~ this O~
dinance's passage in the O~ange City News, a newspape~ of
gene~al ci~culation,publ ished and ci~culated in the City of O~ange.
The City Cle~k shall post in the Office of the City Cle~k a
ce~tified copy of the ful I text of such adopted O~dinance along
with the names of those City Counci i membe~s voting fo~ and
against the O~dinance in acco~dance with Gove~nment
Code Section 36933. This O~dinance shal I take effect thi~ty (30) days f~
om and afte~ the date
of its final passage.ADOPTED this
23rd
day
0f e ATTEST
M::lrilyn .T. .TpnRPn City Cle~k of the
City of O~ange 1, /7 'dA JA';;Yk::t'
d '-L L /, [/'A-
iT Depu ty .:]tHy Clerk 3 -
STATE OF CALIFORNIA)
COUNTY OF ORANGE ) ss
CITY OF ORANGE )
I, MARILYN J. JENSEN. City Clerk of the City of Orange,
Cal ifornia, do hereby certify that the foregoing Ordinance was
introduced at the regular meeting of the City Council held on
the 16th day of February . 1988. and thereafter at the
regular meeting of said City Counci I duly held on the 23rd day
of February 1988, was du I y passed and adopted by the
fol lowing vote, to wit:
AYES: COUNC I L MEMBERS: SMITH, BARRERA, COONTZ, BEYER
NOES: COUNCIL MEMBERS: NONE
ABSENT: COUNC I L MEMBERS: MAYOR PEREZ
ABSTAIN: COUNCIL MEMBERS: NONE
M;=tri 1 yn T Tf:>nRPn
City Clerk of the City of Orange
7 "& /J ,
Aid,!", (/J/d '- (r-(7fr--A ~-/-'Deputyg}
t ClerkORD. NO.
4-88 4 -L--