ORD-40-70 DEFINES DRIVE IN OR WALK UP RESTAURANTS AND DRIVE IN THEATERS AND REQUIRES THE APPROVAL OF A CONDITIONAL USE PERMIT IN ORDER TO ESTABLISH SUCH USES IN ANY C OR M ZONESGE crTY NEWS:Please publish Wednesday, December 2, 1970, only, and send PROOF and
Proof of publication to City Clerk, P. O. Box 449, Orange, Calif. 92669.
EMILY L. HILSON. CIT'! CLUU,
ORDINANCE NO. 40-70
AN
URGENCY ORDINANCE OF
THE CITY COUNCIL OF THE CITY OF ORANGE
DEFINING DRIVE-IN OR WALK-UP RESTAURANTS
AND DRIVE-IN THEATERS AND
REQUIRING THE APPROVAL OF A CONDITIONAL USE
PERMIT IN ORDER TO ESTABLISH SUCH USES IN
ANY C OR M ZONE IN THE CITY OF ORANGE.THE
CITY COUNCIL OF THE CITY OF ORANGE DOES ORDAIN AS
FOLLOWS:SECTION
I:a)
b)
following
uses shall be permitted in the C-l, C-
2,M-2 zones only upon the approval of
a conditional accordance with the requirements of Section
9114.1 Munic
ipal Code:Drive-In
or Walk-
Up
Restaurants,Drive-In
Theaters.The C-
3 M-l
and use
permit in of the Orange SECTION II:The
following terms shall be defined as follows:
a) Drive-In or Walk-Up Restaurants: Any establish-ment
where food or beverages are sold to the
con-sumer where provision is made for the
serving and consumption of food or beverages to
patrons in vehicles parked on the premises or
where facilities are located on the premises for
the serving and/or consumption of food
or beverages outside the confines of the
main building.b) Drive-In Theater:
Any premises conducting an entertainment activity outside the
confines of a. building consisting of an
outdoor screen on which motion pictures
are projected or consist-ing of outdoor theatrical performances
presented for viewing to patrons seated in vehicles
or on
outdoor
seats
and for which
an admission charge is made.I I SECTION II
I:The foregoing is adopted as an
urgency ordinance. The facts constituting the urgency are as
follows:A drive-in theater has been established in the industrial area
of the City of Orange located at the northwest corner of Katella
Avenue a.nd Main Street without being required to seek the approval
by the City of a conditional use permit. As a conse-quence,
the City was unable to review this proposal as a condi-
tional use permit with the result that many problems have
T~,
location. The traffic situation on the public streets adjacent
to this use is extremely dif~i~ult to manage at certain peak
hours. By the use of a condltlonal use permit applications
for drive- in theater uses can be reviewed and ~ppropriate con-
ditions and safeguards imposed to protect the public interest
and promote the general welfare of the City of Orange. In
view of the fact that further applications for drive-in
theater uses are possible, it is necessary in order to preserve
protect and promote the general health, safety and welfare of the
City ,of Orange to establish some requirements by which such a
use may be reviewed by the Council and Planning Commission of
the
City.In addition, recently many applications have
been received for sma.ll commercial booths and small drive-
in and walk-up restaurants in commercial and industrial
areas of the city. These applications have been
established without benefit of a conditional use permit review and
therefore the Planning Commission and City Council were unable
to impose conditions,limitations and safeguards to protect the
public safety, health and welfare of the city. The requirement of
approval of a conditional use permit in order to establish
a drive-in or walk-up restaurant will permit
the City to review applications for such special use restaurants and
will permit the City to impose appropriate safeguards
and limitations to protect the general welfare. At the time of
the enactment of this urgency ordinance, an application for a
small walk-up res taurant is pending at the southeast
corner of Katella Avenue and Tustin Street, which location poses
many problems for the City and aggravates a
pre-
existing difficult traffic situation at this intersection.Therefore,
in order to protect the public health,safety and welfare, the
City of Orange does hereby enact this ordinance as
an urgency ordinance to take effect immediately and to be
effective for a ninety-day period unless further extended pursuant
to law. A danger exists that persons, firms,or entities may
seek to establish drive-in and walk-up re~taurants as well
as drive-in theaters within the City of Orange
prlor to the effective date of any permanent zoning
ordinance designed to regulate the aforementioned types of businesses and during
the time the Planning Commission and City Council of
the City of Orange are holding the public
hearings necessary to
establish
a
permanent
zoning ordinance necessary to regulate said bus
inesses .i I I Therefore, pursuant to the procedures of Section 65858
of the Government Code, the City Council ~f the City o~
Orange hereby enacts this ordinance as an interlm ordinan~e
ln order to protect the public health, safety and
welfare prlor to the
enactment of a permanent zoning ordinance regulating
the
matters contained
herein.
STATE
OF CALIFORNIA )COUNTY
OF ORANGE ) ss.CITI
OF ORANGE )I,
EMILY L. WILSON, City Clerk of the City of Orange, California,DO
HEREBY CERTIFY that the foregoing ordinance was regularly introduced, read by
Title, and was passed and adopted at a regular meeting of the City Council,of
the City of Orange, held on the 24th day of November, 1970, by the following vote:
AYES:
COUNCILMEN: JORDAN, HILEMAN, HOYT, PEREZ, SMITH 1
NOES:
COUNCILMEN: NONE ABSENT:
COUNCILMEN: NONE WITNESS
my hand and seal this 25th day of November, 1970.SEAL)
y /
JL1~r~j Emil~~.
Wilson City
Clerk l
I