ORDINANCE NO. 26-24
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 s ale 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 and 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:
LAND USE SG
Agriculture/Horticulture Uses – Includes uses related to the growing of vegetation for food or ornamental landscaping.
Agriculture/Horticulture P
Commercial Nursery with Seasonal Sales -
Commercial Nursery with Building Materials and Landscape Supplies C+ Greenhouse -
2 KEY:
P = Permitted Use
C = Conditional Use Permit required. Refer to administrative procedure provisions in Section 17.08.030 and 17.10.030.
See Chapter 17.28 for overlay district procedures.
- = Not Permitted
+ = Use 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.O “ 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.O, 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. 26-24 engaging in agricultural or horticultural activities.
SECTION III:
If any section, subdivision, paragraph, sentence, clause or phrase of this Ordinance is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance, and each section, subdivision, paragraph, sentence, clause and phrase thereof, irrespective of the fact that any one (or more) section, subdivision, paragraph, sentence, clause or phrase had been declared invalid or unconstitutional.
SECTION IV:
The City Clerk is hereby directed to certify the adoption of this Ordinance and cause the same to be published as required by law. This Ordinance shall take effect thirty (30) days from and after the date of its final passage.
ADOPTED this ____ day of ________________, 2024.
Daniel R. Slater, Mayor, City of Orange
ATTEST:
Pamela Coleman, City Clerk, City of Orange
3 APPROVED AS TO FORM:
Mike Vigliotta, City Attorney
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY 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: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
_______________________________________
Pamela Coleman, City Clerk, City of Orange