HomeMy WebLinkAbout2024 PC 21-24 OC RECLAMATION21-24RESOLUTION NO. PC 21.24
A RESOLUTION OF THE PLANNING COMMISSION
RECOMMENDING THE CITY COUNCIL APPROVE AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ORANGE AMENDING CHAPTER 17.13 OF THE ORANGE
MUNICIPAL CODE TO CONDITIONALLY PERMIT THE
SALE OF BUILDING MATERIALS AND LANDSCAPE
SUPPLIES IN A SAND AND GRAVEL ZONE IN
CONJUNCTION WITH AN EXISTING COMMERCIAL
NURSERY
APPLICANT: OC RECLAMATION, LLC
WHEREAS, Orange Municipal Code (OMC) Chapter 17.13 sets forth allowable land
uses in the zoning districts of the city as well as Conditional Use Permit regulations; and
WHEREAS, the City wishes to accommodate the sale of building materials and
landscape supplies in conjunction with existing commercial nurseries in the Sand and Gravel
zone; and
WHEREAS, the City desires to amend the OMC as appropriate to support the viability
of local businesses; and
WHEREAS' allowing a productive low-intensity neighborhood-serving use on property
where mining and excavation activities have ceased has the potential to benefit property
stewardship and provide convenient goods and services to nearby homes and commercial
districts; and
WHEREAS, the Planning Commission, having considered the proposed Ordinance at a
public hearing held on August 5,2024, including review of the staff report and having received
public testimony on the item, has determined the proposed amendment is justified and
recommends approval thereof by the City Council.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission recommends
that the City Council approve the subject Ordinance included as Attachment A to this
Resolution, attached hereto, based on the following finding:
SECTION 1- FINDING
l. The proposed Ordinance supports the goals and policies of the Economic Development
Element pertaining to supporting local businesses and businesses that supplement smaller
components of the City's retail base, and related Economic Development Plan.
SECTION 2.ENVIRONMENTAL REVIEW
The proposed action is exempt from the California Environmental Quality Act (CEQA) pursuant
to, but not limited to, State CEQA Guidelines Section 15305 (Minor Alterations in Land Use
Limitations), Section 15307 (Actions by Regulatory Agencies for the Protection of Natural
Resources), and Section 15308 (Actions by Regulatory Agencies for Protection of the
Environment) because it accommodates the storage and sale of building materials and landscape
supplies on portions of a commercial nursery site that are already paved or are unpaved but in a
disturbed, non-native condition and retains a former sand and gravel pit in a naturalized
condition that has evolved since excavation ceased, to include wetlands and habitat for flora and
fauna associated with the Santiago Creek corridor. For this reason, no further CEQA
documentation is required.
ADOPTED this 5th day of August2024.
V azquez
Commission Chair
I hereby certiff that the foregoing Resolution was adopted by the Planning Commission
of the City of Orange at a regular meeting thereof held on the 5th day of August 2024, by the
following vote:
AYES:
NOES:
ABSENT:
Y azquez, V ej ar, Martinez, Maldonado, Tucker, L eslie
None
McCormack
?
Anna Pehoushek
Assistant Community Development Director
/
EXHIBIT A
RESOLUTION NO. PC 2I-24
DRAFT ORDINANCE
ZONING TEXT AMENDMENT
ORDINANCE NO.-24
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF ORANGE AMENDING TITLE 17 OF THE ORANGE
MUNICIPAL CODE TO ALLOW THE SALE OF BUILDING
MATERIALS AND LANDSCAPE SUPPLIES IN A SAND
AND GRAVEL ZONE IN CONJUNCTION WITH A
COMMERCIAL NURSERY SUBJECT TO A CONDITIONAL
USE PERMIT
WHEREAS, the City desires to put in place practical policies and procedures that
accommodate the storage and sale of building materials and bulk landscape supplies in the Sand
and Gravel zone in association with established landscape and horticultural businesses to ensure
the long-term viability of established businesses that contribute to the local economy; and
WHEREAS, the City desires to allow the sale of materials and supplies consistent with
established commercial nurseries subject to a Conditional Use Permit; and
WHEREAS, the use of property in the Sand and Gravel zone as a commercial nursery
with building materials and landscape supplies is a logical land use transition for property that has
experienced mining and batch plant activity that has ceased that is in proximity to natural areas,
wildlands, and residential development given the provision of supplies commonly used for
property improvements in nearby neighborhoods and business districts.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ORANGE DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION I:
Table 17.13.030 (Master Land Use Table) of the Orange Municipal Code (OMC) is hereby revised
to add the category of "Commercial Nursery with Building Materials and Landscape Supplies" as
a conditionally permitted use subject to specified regulations in the Sand and Gravel Zone subject
to Conditional Use Permit regulations contained in OMC Section 17.13.050 as reflected by the
addition of "C*" to the appropriate row and column of the Master Land Use Table (excerpt) as
follows:
Agriculture/Horticulture Uses - Includes uses related to the growing of vegetation for food or ornamental
landscaping.
PAgriculture/Horticulture
Commercial Nursery with Seasonal Sales
Commercial Nursery with Building Materials and l.andscape Supplies C+
Greenhouse
LAND I.]SE SG
KEY:
P = Permitted Use
C = Conditional Use Permit required. Refer to administrative procedure provisions in Section t7.08.030 and 17.10.030.
See Chapter 17.28 for overlay district procedures.
- = Not Permitted
+ = flse subject to Conditional Use Permit regulations contained in Section 17.13.050
SECTION II:
Section 17.13.050 of the Orange Municipal Code is hereby revised to relabel existing sub-section
17.13.050.0 "Commercial Nursery with Seasonal Sales" as 17.13.050.P in order to add
"Commercial Nursery with Building Materials and Landscape Supplies" as a new sub-section
17.13.050.0, with the ensuing sub-sections sequentially re-labeled P through VV accordingly, to
read as follows:
O. Commercial Nursery with Building Materials and Landscape Supplies. The outdoor storage
and sale of bulk materials including but not limited to mulch, bark, gravel, river rock, boulders,
and logs associated with a business established prior to the effective date of Ordinance No. -24
engaging in agricultural or horticultural activities.
SECTION III:
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.
A summary of this Ordinance shall be published and a certihed copy of the full text of this
Ordinance shall be posted in the Office of the City Clerk at least fifteen (15) 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 its passage in a newspaper of general circulation
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 the adopted Ordinance along with the names of those City Council members voting
for and against the Ordinance in accordance with Government Code Section 36933.
ADOPTED this _ day of 2024
Daniel R. Slater, Mayor, City of Orange
SECTION IV:
ATTEST:
Pamela Coleman, City Clerk, City of Orange
STATE OF CALIFORNIA )
couNTY oF ORANGE )
crTY oF ORANGE )
I, PAMELA COLEMAN, 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
_ day of 2024, and thereafter at the regular meeting of said City Council duly held
on the _ day of _,2024, was duly passed and adopted by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
COUNCILMEMBERS:
COLTNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
Pamela Coleman, City Clerk, City of Orange