ORD-03-70 REGULATING THE ESTABLISHMENT OF BUILDINGS CONTAINING LESS THAN 200 SQUARE FEET OF FLOOR AREA (2)ORDINANCE NO. 3-
70 AN INTERIM AND URGENCY ORDINANCE OF THE
CITY OF ORANGE AMENDING SECTION 9l08(f) OF
THE ORANGE MUNICIPAL CODE AND REGULATING
THE ESTABLISHMENT OF BUILDINGS CONTAINING
LESS THAN 200 SQUARE FEET OF FLOOR
AREA.WHEREAS, several applications have recently beenmadetotheCityofOrangefortheestablishmentofsmallconnnercialboothsforthedistributionandprocessingofphotographicfilm;
and WHEREAS, said booths are occupied by one or more
but usually not more than two employees and contain less thantwohundred (200) square feet of floor area;
and WHEREAS, said commercial booths and other
similar booths are often separated from other commercial buildings
and establishments located on the same or adjacent parcels of
real property and said booths are often designed to serve the
occu-pants of automobiles as a "drive-up"
use; and WHEREAS, the City Council of the City of
Orange is of the opinion that commercial booths separated
from other larger commercial buildings occupied by one ortwoemployeesandcontaininglessthantwohundred (200) square
feet of gross floor area should not hereafter be permitted
to be established in the City of Orange due to the
adverse effects on pedestrian and vehicular traffic and because of
the small floor area of such commercial booths there is an
inability to provide for the essential needs and for the protection
of the occupants of
such booths;NOW, THEREFORE, THE CITY COUNCIL OF THE CITY
OF ORANGE DOES ORDAIN
AS FOLLOWS:
SECTION I:Section 9108(f) of the Orange Municipal Code is herebyamendedtoaddSubdivision4toread
as follows:4. Any btJ.lding, with a gross fbor area of lesa than 200
square feet,all of the walls of which are separated from anylargerbuildingsanddevotedtoanycommercialusewhichisoccupied, or designed to be occupied, by one or more persons engaged in the
retail sale of goods or services from aaid building shall require
approval of a conditional use permit when such a building is intended
to be,and is, used for the conduct of a principal or
primary permitted use and such a building is not accessory to another
prinCipal or primary permitted use conducted on the same parcel ofrealproperty.Provided, nothing contained herein shall permit
the establishment of such a building for the conduct of a principal orprimaryper-mitted use in any M-l
or
BE IT FURTHER ORDAINED that this ordinance shall be
effective for ninety (90) days from the date of adoption
thereof:
SECTION II:
The reasons for the urgency of this ordinance are as
follows:
Representatives of the Fotomat Corporation have recently
made application to the City Council to construct a small commercial
booth on certain vacant real property located on the south side of
Katella Avenue, west of Tustin Street, in the City of Orange.
Both the Planning Commission and City Council have rejected this
application pursuant to the requirements of the Orange Municipal
Code. The City Council of the City of Orange is of the opinion
that this interim and urgency ordinance should be enacted in
order that the public peace, health, safety and welfare will not
be endangered by the construction of small buildings containing
less than two hundred (200) square feet in gross floor area on
large undeveloped parcels of real property. The construction of
such buildings on large parcels of vacant land result in the creation
of such small buildings that the needs of the public and persons
employed to occupy such small buildings cannot be effectively
served when few other supporting facilities are located near said
building. Further, the location of such small commercial booths
constructed near public streets and thoroughfares will result in
a danger to, and an impediment and delay in, vehicular traffic
circulation on said streets and thoroughfares.
ADOPTED this 13th day of January 1970.
ATTEST:
J'y' /'
l-
t:..Lv'. ;'/"-(--L-drC''''''"i:
c(..
City C7erk of the City of Orange
i\
Mayor
of the t ,,_ (..<>'
l-:''':~_ ~..""",_
c;/'/
c.. .(~,'%~"
v;;-... /",I? (":' ,.' / 'CityofOrange "2-
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ORANGE )
I, EMILY L. WILSON, City Clerk of the City of Orange, California,
DO HEREBY CERTIFY that the foregoing ordinance was regularly introduced and
read and was passed and adopted at a regular meeting of the City Council, of
the City of Orange, held on the 13th day of January, 1970, by the following
vote:
AYES: COUNCILMEN: JORDAN, HOYT, PEREZ, SMITH.
NOES: COUNCILMEN: NONE
ABSENT: COUNCILMEN: HILEMAN
WITNESS my hand and seal this 14th day of January, 1970.
SEAL)e: .'f
xfy./Vk/>nv Emil:
jYrL. Wilson City
Clerk
STATE OF CALIFORNIA )
ss
COUNTY OF ORANGE )
CERTIFICATE OF POSTING
I,EMILY L. WILSON, CITY CLERK hereby certify that
rOam Barbara L. Sack, Deputy
that on January 29 19 70 , I posted a copy of the
hereinafter described public document, a copy of which document
so posted is attached hereto, made a part hereof, and incor-
porated herein as though fully set forth herein, at the follow-
ing locations:
1e./ x (1)
k(2)
eo-- x (3)
The Orange Civic Center, 300 East Chapman
Avenue, Orange, California.
4)
Orange Public Library, Main Library,
101 North Center Street, Orange, California.
United States Post Office, Main Office,
308 West Chapman Avenue, Orange, California.
W. O. Hart Memorial Park, 701 South Glassell
Street, Orange, California.
Initial at least three (3) places at which
posting performed.)
designated by Ordinance of the City of Orange as public places
within the City of Orange for posting copies of the aforementioned
and described public document.
I certify under penalty of perjury that the foregoing
is true and correct.
Executed in the City of Orange, California, on the
29th day of January 19 70
J2~ 4~2(
Ordinance No. 3-