ORDINANCE NO. 09-22
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF ORANGE AMENDING VARIOUS
SECTIONS OF THE ORANGE MUNICIPAL CODE TO
DELETE OUTDATED LANGUAGE, UPDATE
REFERENCES TO CONFORM WITH CURRENT
LAW AND CODE PROVISIONS, AND ACHIEVE
INTERNAL CONSISTENCY.
[Pertinent provisions only]
THE CITY COUNCIL OF THE CITY OF ORANGE DOES HEREBY ORDAIN AS FOLLOWS:
SECTION II:
Section 2.64.040 of the Orange Municipal Code, “Administration and Personnel – Planning Commission – Meetings,” is hereby revised to read as follows:
2.64.040 Meetings.
The regular meetings of the Planning Commission shall be held in the Council Chambers, Civic Center, 300 East Chapman Avenue, Orange, California, or at such other place as may be designated by the Planning Commission, on the first and third Monday of each month and shall convene at the hour of 7:00 P.M. In the event any such Monday is a legal holiday, such meeting shall be held the following Wednesday Thursday, at the hour of 7:00 P.M.
SECTION III:
Section 5.63.010 of the Orange Municipal Code, “Business Taxes and Regulations – Plaza Banners - Definitions,” is hereby revised to read as follows:
A. PLAZA BANNER: means any pennant, streamer, flag, sign, picture, figure or other object regardless of the material of which it is made, which is suspended or otherwise displayed over any public street, way, or place, designed for decoration or non-profit advertisement, or to attract the attention of passersby; except, however, official warning devices, or public service or safety facilities. The term shall not include signs and billboards, the installation and maintenance of which are regulated by Chapter 5.62 17.36 of this code.
SECTION IV:
Section 5.76.020.A of the Orange Municipal Code, “Business Taxes and Regulations – Tow Trucks – Permit-Required,” is hereby revised to read as follows:
2 A. No person shall operate any tow truck business within the City without obtaining a property proper permit therefor, as provided in this chapter.
SECTION V:
Section 16.60.100.C of the Orange Municipal Code, “Subdivisions – Park Dedications and Fees – Exemptions,” is hereby revised to read as follows:
C. In order to ensure that the imposition of fees pursuant to this chapter will not be contrary to the public interest, or prevent the development of a public service project, the City Council may waive all, or any portion of, the fees required by this chapter if the City Council finds that a subdivision will serve a public purpose or satisfy a public need and is located within a redevelopment project area, or other special district, or involves direct City of Orange or Orange Redevelopment Agency participation in the residential development project. Moreover, the City Council may, from time to time, and as the need may arise, set forth, by resolution, specific limitations, which will apply to waivers of fees which may be made pursuant to this section. In this regard, this chapter shall be considered enabling and directory.
SECTION VI:
The headings of Table 17.08.040 the Orange Municipal Code, “Zoning – General Administrative Procedures – Notice of Hearings - General,” is hereby revised to read as follows:
Type of Procedure, Permit or
Hearing
Mail to Surrounding
Surrounding
Property Owners
Publication and/or
Posting
Other
SECTION VII:
Section 17.10.040.D.2.a of the Orange Municipal Code, “Zoning – Specific Administrative Procedures – Variances – Variances Reviewed by Zoning Administrator,” is hereby revised to read as follows:
a. Building setback and yard requirements for new residential development on a lot that is vacant or previous development is raised razed to accommodate new development;
SECTION VIII:
Section 17.12.070.D.1.a of the Orange Municipal Code, “Zoning – General Regulations Applicable to All Districts – Fences and Walls – Commercial – Division Wall Required,” is hereby revised to read as follows:
a. A masonry division wall at least eight feet in height as measured from the highest elevation of land contiguous to the fence, and not greater than ten feet in height as measured from the lowest elevation contiguous to the fence, shall be constructed on all property lines adjacent to any residential district, except in a street-facing, front, side, or rear yard setback where the wall shall be limited to forty-two (42) inches in height. Division wall height less than 3 eight feet or taller than ten feet as measured from the lowest elevation contiguous to the wall may be considered by the Community Development Director.
SECTION IX:
Section 17.13.040.JJ.4.c(i), “Zoning – Master Land Use Table – Special Use Regulations – Homeless Shelter,” is hereby revised to read as follows:
i. The facility shall establish and enforce a strict code of conduct.
Facility rules shall prohibit weapons and the use, sale or distribution of alcohol or illegal drugs.
Shelter clients shall not be allowed to congregate, loiter, or queue in the public right-of-way outside of the facility at any time.
SECTION X:
Section 17.14.230 of the Orange Municipal Code, “Zoning – Residential Districts – Trash Enclosures,” is hereby revised to read as follows:
17.14.230 Trash Enclosures Solid Waste Collection Areas.
All multiple-family residential and mobile home park developments comprised of four five or more units shall provide trash solid waste collection areas adequately and conveniently placed throughout the development. Trash Solid waste collection areas include solid waste enclosures which shall be screened from view on three sides by a six foot high wall. A visually opaque gate shall be provided meet or exceed the Department of Public Works standard for solid waste enclosures. The Public Works Director (or designee) may adjust or waive these requirements.
Compliance with AB 827 is required, which includes providing source-separated receptacles for residents.
SECTION XI:
Section 17.15.030.C.5 of the Orange Municipal Code, “Zoning – Density Bonus – Projects Eligible for Density Bonus – Donations of Land,” is hereby revised to read as follows:
5. The land is transferred to the City or the Orange Redevelopment Agency or to a housing developer approved by the City. The City may require the applicant to identify and transfer the land to the developer.
SECTION XII:
Section 17.15.070.C.2.d of the Orange Municipal Code, “Zoning – Density Bonus – Density Bonus Housing Agreement – Maximum Allowable Rent or Sales Price – Ownership Projects – Sale Clause,” is hereby revised to read as follows:
d. Sale Clause. The Density Bonus Housing Agreement shall stipulate that, when the terms of affordability have expired on an affordable unit, the City , 4 its redevelopment agency and/or a non-profit housing organization shall have a first right of purchase option sixty (60) days prior to the affordable unit being advertised on the market.
SECTION XIII:
Section 17.18.190 of the Orange Municipal Code, “Zoning – Commercial Districts – Trash Enclosures,” is hereby revised to read as follows:
17.18.190 Trash Enclosures Solid Waste Collection Areas.
All commercial developments shall provide trash solid waste collection areas adequately and conveniently placed throughout the development. Trash Solid waste collection areas include solid waste enclosures which shall be screened from view on three sides by a six foot high masonry wall in accordance with Department of Public Works standards. A view obscuring self- latching gate shall be provided meet or exceed the Department of Public Works standard for solid waste enclosures. The Public Works Director (or designee) may adjust or waive these requirements. Compliance with AB 827 is required, which includes providing source-separated receptacles for customers.
SECTION XIV:
Section 17.19.080.H of the Orange Municipal Code, “Zoning – Mixed Use Districts – Mixed Use Development – Trash and Recycling Enclosures,” is hereby revised to read as follows:
H. Trash and Recycling Solid Waste Enclosures.
1. Trash and recycling Solid waste enclosures for nonresidential uses shall be located as far as possible from residential units and shall be completely screened from view from the residential portion of the project and public streets right of way. Solid Waste collection areas shall meet or exceed the Department of Public Works standard for solid waste enclosures. The Public Works Director (or designee) may adjust or waive these requirements.
2. Trash and recycling storage facilities shall be integrated into and be compatible with the architectural design and details with the overall project.
3. The location and design of trash and recycling solid waste enclosures shall mitigate nuisances from noise and odors.
SECTION XV:
Section 17.19.190 of the Orange Municipal Code, “Zoning – Mixed Use Districts – Trash Enclosures,” is hereby revised to read as follows:
17.19.190 Trash Enclosures Solid Waste Collection Areas.
All developments shall provide trash solid waste collection areas adequately and conveniently placed throughout the development. Trash Solid waste collection areas include 5 solid waste enclosures which shall be screened from view on three sides by a six foot high masonry wall in compliance with Department of Public Works standards. A view obscuring self- latching gate shall be provided meet or exceed the Department of Public Works standard for solid waste enclosures. The Public Works Director (or designee) may adjust or waive these requirements. Compliance with AB 827 is required, which includes providing source-separated receptacles for residents or customers.
SECTION XVI:
Section 17.20.150 of the Orange Municipal Code, “Zoning – Industrial Districts – Trash Enclosures,” is hereby revised to read as follows:
17.20.150 Trash Enclosures Solid Waste Collection Areas.
All developments shall be provided with provide trash solid waste collection areas adequately and conveniently placed throughout the development. Trash Solid waste collection areas include solid waste enclosures which shall be screened from view on three sides by a six foot high wall. A visually opaque, self-latching gate shall be provided meet or exceed the Department of Public Works standard for solid waste enclosures. The Public Works Director (or designee) may adjust or waive these requirements. Compliance with AB 827 is required.
SECTION XVII:
Section 17.29.080.C.1 of the Orange Municipal Code, “Zoning – Accessory Dwelling Units and Junior Accessory Dwelling Units – ADU Setbacks,” is hereby revised to read as follows:
1. Side and rear setbacks of the zoning district shall apply for any ADU in excess of 800 square feet.
SECTION XVIII:
Section 17.36.150.H of the Orange Municipal Code, “Zoning – Sign Regulations – Special Purpose Sign Regulations – Decorative Banners,” is hereby revised to read as follows:
H. Decorative Banners. Decorative banners shall be permitted only in commercial or industrial districts and only as part of a sign program developed and sponsored by the City or its redevelopment agency and approved by the Community Development Director (or his or her designee), in which case such public bodies shall be exempt from the payment of any permit fee.
Written approval from the property owner (or authorized agent) of the utility poles or street light standards to be used for the display of decorative banners shall be required as a condition to the approval of the sign program. Decorative banners shall not identify any individual business or tenant name and shall not contain written advertising copy. Decorative banners may be located no lower than fourteen (14) feet above grade and must enhance the subject commercial or industrial district such that the colors, logos, materials and design of the decorative banners are appropriate to the district in which the decorative banners are to be installed. 6 SECTION XIX:
Section 17.44.110 of the Orange Municipal Code, “Zoning – Development Agreements – Recommendation of Orange Redevelopment Agency,” is hereby deleted in its entirety.
17.44.110 Recommendation of Orange Redevelopment Agency.
Any proposed development agreement located within a redevelopment project area in the City shall be reviewed by the Redevelopment Agency. The Redevelopment Agency shall make its recommendation to the City Council, based upon whether the proposed agreement promotes the policies and purposes of the applicable redevelopment plan. The Redevelopment Agency shall not be required to hold a public hearing, and its recommendation may be made either in writing or by oral motion and the vote of the majority of the Agency members in voting.
SECTION XX:
Section 17.44.120 of the Orange Municipal Code, “Zoning – Development Agreements – Hearing by City Council,” is hereby revised to read as follows:
17.44.120 Hearing by City Council.
After the recommendation of the Planning Commission (and Redevelopment Agency, if applicable) or after the expiration of the time period specified in Section 17.44.100, the Director shall give notice of a public hearing before the City Council in the manner provided for in Sections 17.44.070 and 17.44.080.
SECTION XXI:
Section 17.44.130.A of the Orange Municipal Code, “Zoning – Development Agreements – Decision by City Council,” is hereby revised to read as follows:
A. After it completes the public hearing and considers the recommendation, if any, of the Planning Commission and, if applicable, the Redevelopment Agency , the City Council may accept, modify, or deny the proposed development agreement. It may, but need not, refer the matters not previously considered by the Planning Commission during its hearing, back to the Planning Commission, who shall not be required to hold a public hearing on matters referred back to it by the City Council.