Agenda Item
City Council
Item #: 10.2. 2/8/2022 File #: 22-0021
TO: Honorable Mayor and Members of the City Council
THRU: Thomas R. Hatch, Interim City Manager
FROM: Gary A. Sheatz, City Attorney
1. SUBJECT
Public Hearing to receive and file report summarizing measures taken to evaluate impacts addressed by urgency Ordinance No. 02-21; and to consider adoption of second extension of urgency Ordinance No. 02-21.
2. SUMMARY
Government Code Section 65858(d) requires a written report describing the measures taken to alleviate the condition or conditions leading to adoption of urgency Ordinance No. 02-21-A prior to its extension. The extension of the Ordinance would continue to prohibit the addition of three or more bedrooms or three or more bathrooms to the primary residence on lots less than 12,000 square feet for one additional one year and would continue the revised definitions of Dormitory and Student Housing, unless permanent regulations are adopted prior to that time.
3. RECOMMENDED ACTION
1. Receive and file report of measures taken.
2. Adopt Ordinance No. 02-21-B. Second Extension of a Revised Urgency Ordinance of the City Council of the City of Orange prohibiting the addition of three or more bedrooms or three or more bathrooms to a primary residence use on lots less than 12,000 square feet, and adding definitions of dormitory and student housing.
4. FISCAL IMPACT
None.
5. STRATEGIC PLAN GOALS
Goal 1: Provide for a Safe Community
d: Assure the development of the City occurs in a fashion that maximizes public safety.
Goal 3: Enhance and promote quality of life in the community c: Support and enhance attractive, diverse living environments.
6. DISCUSSION AND BACKGROUND
In the past two years, the City has seen numerous applications for additions or interior renovations to single-family dwellings (primary residences) in which several bedrooms and bathrooms are added, City of Orange Printed on 2/3/2022Page 1 of 2
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Item #: 10.2. 2/8/2022 File #: 22-0021
many with exterior doors and wet bars in each bedroom, in some cases transforming two or three bedroom homes into seven or eight bedroom and bathroom structures.
The negative impacts from the unrestricted additions to houses in single-family neighborhoods have caused serious negative effects on the families residing nearby. Those negative effects include parking on front lawns, illegal street parking, unsafe vehicle speed demonstrations, trampled landscaping, loud music, unruly parties, congregation of crowds from outside the neighborhoods in the front yards over and above the ordinary number of occupants, confrontational interactions with neighbors, public drinking, numerous late night disturbances, litter and trash including bottles and cups strewn about the neighborhood, overflowing trash cans, police responses to resident complaints, party call prosecutions, and what has generally been described by residents as a “fraternity” atmosphere.
On February 16, 2021, the City Council adopted urgency Ordinance No. 02-21, which addressed the immediate threat to the public health, safety, and welfare caused by a surge of construction activity involving residential additions by prohibiting the addition of three or more bedrooms or three or more bathrooms to single-family dwellings on lots less than 12,000 square feet. It also provided and/or revised current definitions of dormitory, student housing, bedroom, primary residence, and boarding house uses. On March 23, 2021, the City Council extended the revised urgency Ordinance for ten months and fifteen days, until February 15, 2022. On that same date, the City Council introduced Ordinance No. 03-21, that added permanent definitions of bedroom and primary residence. That Ordinance became effective May 13, 2021. California Government Code section 65858(a) permits the urgency Ordinance, revised to delete the definitions of bedroom and primary residence, to be extended for another year.
The prohibition on large residential additions and the clear identification of student housing uses has allowed the City to research possible changes to the Orange Municipal Code (OMC). The adoption of standards applicable to open living space, lot coverage, parking requirements, and the categorization and proper placement for uses such as dormitories and student housing, and their impact on related infrastructure necessities while protecting neighborhoods from unregulated growth is being and will continue to be intensely studied. City staff continues to evaluate the housing stock and property sizes in the City to assess the conditions under which increasing the bedroom and bathroom count in single-family residences is suitable. The recent passage of SB 9 legislation allowing an R1 lot to be split into two lots, and allowing a second dwelling unit on each R1 lot has complicated this evaluation, necessitating more time in preparing a permanent OMC revision.
Staff’sreview is on-going and requires up to an additional one year of research and empirical study.
As such, staff is recommending adoption of the extension of urgency Ordinance No. 02-21, as amended, to remain in effect until February 15, 2023.
7. ATTACHMENTS
· Ordinance No. 02-21-B
City of Orange Printed on 2/3/2022Page 2 of 2
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