ORDINANCE NO. 10-22
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF ORANGE CREATING THE
NEIGHBORHOOD PRESERVATION OVERLAY
ZONE; PROVIDING DEVELOPMENT STANDARDS
TO REGULATE THE ADDITION OF BEDROOMS
OR BATHROOMS TO A PRIMARY RESIDENCE
WITHIN SPECIFIED BOUNDARIES ; REVISING OR
ADDING DEFINITIONS PERTAINING TO
RESIDENTIAL ADDITIONS AND STUDENT
HOUSING; AND UPDATING PROVISIONS FOR
REVIEWING BODY APPROVAL OF SPECIFIED
MATTERS.
[Pertinent provisions only]
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ORANGE
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION II:
The definition of “BATHROOM” is hereby added to Section 17.04 .021 of the Orange Municipal Code, “Zoning – Definitions – “B” Definitions,” to read as follows:
BATHROOM, FULL and HALF - A full bathroom contains one bathtub, tub or shower compartment; one water closet or lavatory or other similar approved facilities, and up to two sinks. It includes a compartme nted bathroom in which the fixtures are distributed among interconnected rooms. A half-bathroom omits a bathtub, tub, or shower compartment.
SECTION III:
The definition of “BEDROOM” in Section 17.04.021 of the Orange Municipal Code, “Zoning – Definitions – “B” Definitions,” is hereby revised to read as follows:
BEDROOM - Any habitable room in a dwelling unit other than a bathroom, kitchen, dining room or living room with the following features: an interior door that can be closed or an opening into the room in which an interior door or double door can be easily installed; a window; and a closet or room for a wardrobe in addition to a bed. In general, a bedroom may not contain a door directly to the outside, facilities for a sink, refrigerator or micr owave, e.g., a wet bar, a kitchenette, or infrastructure that can be easily converted to a wet bar or kitchenette, e.g., GFCI outlets.
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SECTION IV:
The definition of “DORMITORY” in Section 17.04.023 of the Orange Municipal Code, “Zoning – Definitions – “D” Definitions,” is hereby revised to read as follows:
DORMITORY, DORMITORY-STYLE HOUSING, See also STUDENT
HOUSING – A structure used for group accommodations, containing a number of private or semiprivate bedrooms with or without a private bathroom, usually with common recreation and kitchen areas, primarily advertised to and exclusively occupied by students of an educational facility of a provider of higher e ducation.
A dormitory may be owned or operated by a university, college, or private owner.
SECTION V:
The definition of “LIVING AREA, COMMON” is hereby added to Section 17.04.031 of the Orange Municipal Code, “Zoning – Definitions – “L” Definitions,” to read as follows:
LIVING AREA, COMMON - The interior habitable area of a dwelling unit, other than the kitchen, bedrooms, bathrooms, utility rooms, garage, and basement, that is of sufficient size to be shared by all occupants of the dwelling unit with n o other specific purpose other than shared gathering area.
SECTION VI :
The definition of “OPEN SPACE, USABLE” in Section 17.04.03 4 of the Orange Municipal Code, “Zoning – Definitions – “O” Definitions,” is hereby revised to read as follows:
OPEN SPACE, USABLE - Any space on a lot not enclosed by buildings and intended for recreation and leisure uses. Usable open space includes yards , courtyards, balconies, decks, porches, and patios but does not include front yard setbacks, driveways, parking spaces or side yards less than eight feet in width. In multiple-family developments, indoor recreation areas may count toward the usable open space requirement.
SECTION VII:
The definition of “STUDENT HOUSING” in Section 17.04. 038 of the Orange Municipal Code, “Zoning – Definitions – “S” Definitions,” is hereby revised to read as follows:
STUDENT HOUSING, See also DORMITORY , DORMITORY-STYLE
HOUSING -- A structure designed, primarily advertised to and exclusively used for long -term stay by students of an educational facility for sleeping group accommodations usually with common recreation and kitchen areas, primarily advertised to and exclusively occupied by students of a provider of higher
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education. This may includes a dormitory or fraternity/sorority house or apartment. Student housing may be owned or operated by a university, college, or private owner.
SECTION VIII:
Table 17.06.020 of the Orange Municipal Code, “Zoning – Zoning Districts and Map – Districts Established,” is hereby revised to read as follows:
Table 17.06.020
Use
District
Symbol
Use Classification
Chapter
R1-R Single Family Residential District 17.14
R1-40 Single-Family Residential District 17.14
R1-20 Single-Family Residential District 17.14
R1-15 Single-Family Residential District 17.14
R1-12 Single-Family Residential District 17.14
R1-10 Single-Family Residential District 17.14
R1-8 Single-Family Residential District 17.14
R1-7 Single-Family Residential District 17.14
R1-6 Single-Family Residential District 17.14
R1-5 Single-Family Residential District 17.14
R2-8 Duplex Residential District 17.14
R2-7 Duplex Residential District 17.14
R2-6 Duplex Residential District 17.14
R-3 Multiple-Family Residential District 17.14
R-4 Multiple-Family Residential District 17.14
MH Mobile Home Residential District 17.14
OP Office Professional District 17.18
CP Commercial Professional District 17.18
C1 Limited Business District 17.18
C-TR Limited Business District—Tustin Redevelopment Project Area 17.18 C2 General Business District 17.18
C3 Commercial District 17.18
OTMU-15S Old Towne Mixed Use District - 15S 17.19
OTMU-15 Old Towne Mixed Use District - 15 DU/AC 17.19
OTMU-24 Old Towne Mixed Use District - 24 DU/AC 17.19
NMU-24 Neighborhood Mixed Use District - 24 DU/AC 17.19 UMU Urban Mixed Use District 17.19
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M1 Light Industrial District 17.20
M2 Industrial Manufacturing District 17.20
SG Sand and Gravel Extraction District 17.32
A-1 Agricultural District 17.22
RO Recreation Open Space District 17.22
SH Slope Hazard District 17.22
PI Public Institution District 17.24
PC Planned Community District 17.26
FP Flood Plain Overlay District 17.28
A Single-Story Overlay District 17.28
E Equestrian Overlay District 17.28
P Parking Overlay District 17.28
NP Neighborhood Preservation Overlay District 17.28
PUD Planned Unit Development District 17.16
SECTION IX:
Table 17.08.020 of the Orange Municipal Code, “Zoning – General Administrative Procedures – Reviewing Bodies,” is hereby revised to add the following:
Table 17.08.020
Type of Procedure, Permit or Hearing CDD DRC ZA PC CC
Neighborhood Preservation Overlay
Applications
A/X(1) X(1)
SECTION X:
Subsections 17.08.020.D.2 (f) and (g) are hereby added to Section 17.08.020 of the Orange Municipal Code, “Zoning – General Administrative Procedures – Reviewing Bodies – Design Review Committee – Powers and Duties,” to read as follows:
f. Make final determination on design review of applications for additional bedrooms or bathrooms in a historic district pursuant to Section 17.28.080.D.1.a.
g. Review and make recommendations to the Zoning Administrator on applications for additional bedrooms or bathrooms in a historic district pursuant to Section
17.28.080.D.1.b.
SECTION XI:
Subsections 17.08.020.E.1 of the Orange Municipal Code, “Zoning – General Administrative Procedures – Reviewing Bodies – Community Development Director – Powers and Duties,” is hereby revised to read as follows:
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1. Powers and Duties. The Community Development Director, after consultation with a staff review committee designated by the City Manager appropriate staff as determined by the Director, shall have the authority to:
SECTION XII:
Subsections 17.08.020.E.1(i) through (m) are hereby added to Section 17.08.020 of the Orange Municipal Code, “Zoning – General Administrative Procedures – Reviewing Bodies – Community Development Director – Powers and Duties,” to read as follows:
i. Decide upon the conformity of unlisted uses to the zoning district and similar uses pursuant to Section 17.13.070.
j. Decide upon applications to install walls and fences within 5 feet of one another pursuant to Section 17.12.070.A.1.a.
k. Decide upon Neighborhood Preservation Overlay District applications pursuant to Section 17.28.080.C.
l. Decide upon deviations from required number of parking spaces for nonresidential land uses pursuant to Section 17.34.060.
m. Decide upon parking requirements for uses not specified pursuant to Section 17.34.070.
SECTION XIII:
Section 17.14.280 is hereby added to the Orange Municipal Code, “Zoning – Residential Districts – Bedrooms,” to read as follows:
17.14.280 Bedrooms
A bedroom may not contain facilities for a sink, refrigerator or microwave, a kitchenette, or infrastructure that can be easily converted to a kitchenette, e.g., GFCI outlets.
Unless otherwise approved by the Community Development Director or designee, a bedroom may not have a door directly to the outside or contain a wet bar.
SECTION XIV:
The chart in Section 17.28.030 of the Orange Municipal Code, “Zoning – Overlay Districts – Denotation of Overlay Districts,” is hereby revised to read as follows:
District Symbol
Flood Plain 1 FP-1
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Flood Plain 2 FP-2
Single Story A
Equestrian E
Parking P
Neighborhood Preservation NP
SECTION XV:
Section 17.28.080 is hereby added to the Orange Municipal Code , “Zoning – Overlay Districts – Neighborhood Preservation Overlay District,” to read as follows:
17.28.080 Neighborhood Preservation Overlay
A. Purpose and Intent. The purpose of the Neighborhood Preservation (NP) Overlay District is to provide regulations to control surges in construction of new additions and interior renovations to primary residences concentrated in the overlay district that become multiple tenant rental properties and that result in adverse impac ts to single -family neighborhoods.
B. Application. The Neighborhood Preservation Overlay District is the area bounded by Katella Avenue to the north, Main Street to the west, the SR -55 Freeway to the east, and the City’s boundaries along the SR -22 Freeway to the south. The overlay district is established on the City of Orange Zoning Map.
C. Overlay Development Standards – Ministerial Approval. Project applications from existing primary residences in the overlay district that add bedrooms or bathrooms in compliance with the City of Orange Infill Residential Design Guidelines and the following overlay development standards, shall be approved minis terially by the Community Development Director or designee.
1. A maximum of two bedrooms may be constructed onto and/or and added within a primary residence by reconfiguring existing space. For purposes of calculating allowable additional bedrooms, the num ber of bedrooms existing as of January 1, 2023, shall be considered the baseline.
2. A maximum of two bathrooms, including half -bathrooms, may be constructed onto and/or added to a primary residence by reconfiguring existing space. For purposes of calculating allowable additional bathrooms, the number of bathrooms existing as of January 1, 2023, shall be considered the baseline.
3. A minimum of 100 square feet of additional usable open space must be provided for each additional bedroom being proposed to the existing primary residence.
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4. A minimum of 100 square feet of additional common living area must be provided for each additional bedroom being proposed to the existing primary residence.
Dwelling units that maintain a minimum of 800 square feet of common li ving area are exempt from the requirement.
5. A minimum of 50 cubic feet of additional unified indoor storage area must be provided for each additional bedroom being proposed to the existing primary residence. Such storage area must be in addition to cabine ts and closets typically found within a dwelling unit such as bedroom closets, linen closets, or kitchen cabinets.
6. In any single -family residential district, the addition of one or two new bedrooms must comply with the following floor area ratio (FAR) standards.
Lot Area (sf) Max FAR Max FAR for One Max FAR for Two
New Bedroom New Bedrooms
<10,000 0.60 0.55 0.50
10,000-12,000 0.50 0.45 0.40
7. Project applications involving exterior modifications to primary residences located in a historic district shall also be subject to design review by the Design Review Committee.
D. Approval Process. Applications from existing primary residences in the overlay district that add bedrooms or bathrooms not in compliance with the overlay development standards set forth in Subsection C, and/or that are located in a historic district shall be subject to the following approval procedures:
1. Historic District Approval. An application for additional bedrooms, bathrooms and other re lated improvements that involve s new square footage or exterior modifications (other than roof vents), shall be subject to the design review process as follows:
a. When the property is located in a historic district but the application is otherwise in compli ance with the overlay development standards contained in subsection C, the Design Review Committee shall have the final authority to review and approve the project.
b. When the property is located in a historic district but the application is not in compliance with the overlay development standards contained in subsection C, the Design Review Committee shall have the authority to review and make a recommendation to the Zoning Administrator on the design of the proposed project. The Zoning Administrator shall have the final authority to review and approve the project.
2. Approval – Not in a Historic District. When the proposal is not in compliance with the overlay development standards contained in subsection C, the Zoning Administrator shall have the final authority to review and approve the project.
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3. Zoning Administrator Approval - Considerations. In approving an application for additional bedrooms, bathrooms, and/or othe r related improvements not in compliance with the overlay development standards contained in subsection C, the Zoning Administrator shall consider the following:
a. The proposal will preserve the public peace, health, safety, and welfare within those areas that neighbor the affected residence and other surrounding areas within the Neighborhood Preservation Overlay District.
b. The size and design of the proposal will minimize the likelihood of excessive disturbances or unruly behavior such as parking on front lawns, illegal street parking, congregation of crowds in the front yards over and above the number of occupants, and other public nuisances to the community.
c. The proposal will comply with those standards and requirements described in this Section and the entirety of Title 17 of this code.
4. Appeals. Final d ecisions of the Community Development Director , Design Review Comm ittee or Zoning Administrator may be appealed to the Planning Commission pursuant to Section 17.08.050.E.
E. The Community Development Director, Design Review Committee or Zoning Administrator may refer an application for which it may render a final de cision to the Planning Commission for a final decision. The Planning Commission shall be subject to those approval considerations set forth in subsection D.3.