ORD 12-09 OMC Updates 17.38.040D & 17.38.065 due to General Plan Update and Removal of OMC Section 17.18.050ORDINANCE NO. 12-09
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF ORANGE ADDING SUBSECTIONS
17.38.040D AND 17.38.065 TO THE ORANGE
MUNICIPAL CODE RELATING TO USES MADE
NONCONFORMING DUE TO GENERAL PLAN
UPDATE AND TERMINATION OF NON-
CONFORMING USES AND DELETING SECTION
17.18.050.
WHEREAS, the City has adopted General Plan Amendment No. 2009-0001 (GPA);
and
WHEREAS, the GPA will result in zoning amendments which will cause some
existing uses to become non-conforming with the GPA and accompanying zoning
amendments (hereafter, collectively referred to as General Plan Zoning); and
WHEREAS, the Orange Municipal Code permits nonconforming uses to continue,
but does not permit structural improvements or physical expansion of nonconforming uses
and also provides that if the nonconforming use is discontinued for a period of more than six
months, that the non-conforming use must be abandoned and that any future use of the land
must be in conformity with the Orange Municipal Code; and
WHEREAS, some property owners have raised a concern that the limitations on
nonconforming uses in the Orange Municipal Code coupled with the general plan revisions
will substantially reduce the value of their property and that under existing economic
conditions it may be difficult to replace tenants in a six-month time frame causing property
owners to lose a substantial portion of their financial investment in existing structures; and
WHEREAS, while desiring to ensure that property owners are not deprived of
recovering their investments in the property made non-conforming by the General Plan
Zoning, the very nature of updating a general plan is to look to the future and the eventual
elimination of nonconforming uses to accommodate changed circumstances; and
WHEREAS, property owners are entitled to notice and an opportunity to be heard
prior to having their legal non-conforming uses terminated.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ORANGE
DOES ORDAIN AS FOLLOWS:
SECTION I:
Section 17.38.040 D. is added to the Orange Municipal Code to read as follows:
D. No property shall lose its right to continue as a nonconforming use unless and
until the Community Development Director has made a determination that the property has
been or was discontinued for such a period as to lose its legal non-conforming status as set
forth in this Code. The decision of the Community Development Director may be appealed
in accordance with this Code."
Section 17.38.065 is added to the Orange Municipal code to read as follows:
The following provisions apply exclusively to property which is made non-
conforming by General Plan Amendment No. 2009-001 and zoning changes accompanying
General Plan Amendment No. 2009-001 (hereafter, collectively referred to as General Plan
Zoning), which properties are included on the map of"Properties Made Non-Conforming by
the 2010 General Plan Update and Accompanying Zone Changes" (hereafter, Map), which
Map shall be a public record, be provided to all property owners whose property is on the
Map and be on file with the Community Development Director.
A. Nonconforming Use of a Conforming or Nonconforming Development.
1. A legally established use on property that is depicted on the Map which because
of General Plan Zoning is no longer permitted in a particular zone shall be considered a
nonconforming use.
2. A nonconforming use shall be allowed to remain indefinitely, and can be replaced
by a similar nonconforming use provided the Community Development Director finds that
the proposed use is equal to or more appropriate than the existing non-conforming use. With
respect to property previously zoned Commercial Recreation the Director's findings shall be
based upon reference to the use provisions contained in the M-1 (Light Manufacturing) and
M-2 (Industrial) Districts. Manufacturing uses on property previously zoned Commercial
Recreation that contain retail or office space consisting of more than twenty-five (25)percent
of the gross floor area shall be determined as an equal to or more appropriate use, provided
the use complies with the City's parking ordinance.
3. A nonconforming use shall be allowed to expand within a conforming or
nonconforming parcel. When the expansion of a nonconforming use requires an alteration of
buildings or site improvements, the building addition, additional structures or site
improvements shall comply with the requirements contained herein, and all applicable
requirements of the Orange Municipal Code.
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B. Nonconforming Development Containing a Conforming or Nonconforming Use.
1. A legally constructed development which because of General Plan Zoning is no
longer in compliance with the zoning development standards shall be considered a
nonconforming development.
2. A nonconforming development shall be allowed to remain indefinitely.
3. A nonconforming development shall be allowed to be routinely repaired to
maintain public health, safety and general welfare.
4. A nonconforming development shall be allowed to expand provided that the
expansion complies with the requirements contained herein, and all applicable requirements
of the Orange Municipal Code.
5. Existing nonconforming industrial development within the Katella Avenue
Corridor project area that was established prior to Zone Change 1177-95 shall be governed
by the M-1 and M-2 provisions.
C. Repair of Damaged or Destroyed Nonconforming Developments.
1. A nonconforming development that is damaged or destroyed shall be permitted to
be repaired or reconstructed to the condition which existed prior to such damage or
destruction,provided the structure or building existed as a legally established development.
2. Repair or reconstruction of a legally established nonconforming development
shall not be limited to any specific time constraint that is not applied to repair or
reconstruction of conforming development, provided that public health and safety issues are
addressed.
D. Moving a Nonconforming Structure or Building. A nonconforming structure or
building shall be allowed to be moved provided doing so will cause the structure or building
to become conforming.
E. Residential property made non-conforming by the General Plan Zoning. Any
residential property that is made non-conforming by the General Plan Zoning may,
notwithstanding OMC Section 17.38.030B, be permitted to continue unless such
nonconforming use is discontinued,voluntarily or involuntarily, for more than 24 months.
SECTION II:
Orange Municipal Code Section 17.18.050 shall be deleted in its entirety:
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SECTION III:
Ordinance 12-09 is categorically exempt from the provisions of the California
Environmental Quality Act (CEQA) per State CEQA Guidelines Section 15305 (Class 5 —
Minor Alterations in Land Use Limitations.
SECTION IV:
Should any section, subsection, clause, or provision of this Ordinance for any reason
be held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect
the validity or constitutionality of the remaining portions of this Ordinance; it being hereby
expressly declared that this Ordinance, and each section, subsection, sentence, clause and
phrase hereof would have been prepared, proposed, approved and ratified irrespective of the
fact that any one or more sections, subsections, sentences, clauses or phrases be declared
invalid or unconstitutional. This Ordinance shall be prospective in application from its
effective date.
SECTION V:
A summary of this Ordinance shall be published and a certified copy of the full text
of this Ordinance shall be posted in the Office of the City Clerk at least five (5) days prior to
the City Council meeting at which this Ordinance is to be adopted. A summary of this
Ordinance shall also be published once within fifteen (15) days after this Ordinance's
passage in a newspaper of general circulation, published, and circulated in the City of
Orange. The City Clerk shall post in the Office of the City Clerk a certified copy of the full
text of such adopted Ordinance along with the names of those City Council members voting
for and against the Ordinance in accordance with Government Code Section 36933. This
Ordinance shall take effect thirty(30) days from and after the date of its final passage.
ADOPTED this 23rd day of March, 2010
Carol . C ecche, Mayor, City of Orange
ATTEST:
Mary E. ? rphy, City Clerk, City of Orange
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STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF ORANGE
I, MARY E. MURPHY, City Clerk of the City of Orange, California, do hereby
certify that the foregoing Ordinance was introduced at the regular meeting of the City
Council held on the 9th day of March, 2010, and thereafter at the regular meeting of said City
Council duly held on the 23rd day of March, 2010, was duly passed and adopted by the
following vote, to wit:
AYES: COUNCILMEMBERS: Smith, Murphy, Cavecche, Dumitru, Bilodeau
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
ABSTAIN: COUNCILMEMBERS: None
Mary . Murph , Ci er c, ' Orange
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