ORDINANCE
NEIGHBORHOOD PRESERVATION
OVERLAY DISTRICT
RESOLUTION NO. PC 29-22
A RESOLUTION OF THE PLANNING COMMISSION
RECOMMENDING CITY COUNCIL ADOPT AN
ORDINANCE AMENDING TITLE 17 OF THE ORANGE
MUNICIPAL CODE (ZONING) TO ESTABLISH A
NEIGHBORHOOD PRESERVATION OVERLAY DISTRICT
AND RELATED DEVELOPMENT STANDARDS FOR
PROJECTS ADDING BEDROOMS OR BATHROOMS TO A
PRIMARY RESIDENCE IN THE AREA BOUNDED BY
KATELLA AVENUE TO THE NORTH, MAIN STREET TO
THE WEST, SR 55 TO THE EAST, AND SR 22/FAIRHAVEN
AVENUE TO THE SOUTH
APPLICANT: CITY OF ORANGE
Moved by Commissioner Glasgow and seconded by Commissioner Simpson that the following Resolution be adopted:
WHEREAS, 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, 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; and
WHEREAS, on February 16, 2021, the City Council adopted interim Ordinance No. 02- 21, 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 or revising certain related definitions; on March 23, 2021, the City Council extended interim Ordinance No. 02-21-A until February 15, 2022; and on February 8, 2022, the City Council extended interim Ordinance No. 02-21-B until February 15, 2023; and
WHEREAS, a permanent Neighborhood Preservation Overlay District Ordinance is necessary because Urgency Ordinance No. 02-21 will expire in February; and WHEREAS, the area within the City where bedroom and bathroom additions are most concentrated and contribute to negative impacts, is defined as the area bounded by Katella Avenue to the north, Main Street to the west, SR-55 to the east, and SR-22 to the south; and
WHEREAS, the proposed Ordinance adds Section 17.28.08 to Title 17 of the Orange Municipal Code (OMC) with the purpose of controlling surges in construction of new additions and interior renovations to single-family dwellings (primary residences) concentrated in the Neighborhood Preservation Overlay District that are promoted as multiple tenant rental properties, which have resulted in adverse impacts to single-family neighborhoods; and
Resolution No. PC 29-22
WHEREAS, regulations are as set forth in proposed Ordinance No. 10-22 provided as Attachment 1 to this Resolution; and
WHEREAS, Ordinance No. 10-22 is necessary to achieve the goals and policies of the General Plan Land Use Element for balancing economic gains from new development while preserving the character and densities of residential neighborhoods, minimizing effects of new development on the privacy and character of surrounding neighborhoods, preserving historic resources, both individual and cumulatively in neighborhoods, and ensuring contextually appropriate infill development that contributes positively to the quality of the surrounding neighborhood; and
WHEREAS, the Planning Commission, having considered Ordinance No. 10-22, provided as Attachment 1 to this Resolution, at a public hearing held on November 7, 2022, including review of the staff report, and any public comments on the item, has determined Ordinance No. 10-22 is justified and recommends approval thereof.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission recommends that the City Council approve the Neighborhood Preservation Overlay District Ordinance No. 10- 22 shown as Attachment 1, attached hereto, based on the following finding:
SECTION 1- FINDINGS
The proposed Ordinance No. 10-22 adds provisions to the OMC in support of the goals and policies outlined in the General Plan. Specific General Plan goal and policy-related accomplishments of the Neighborhood Preservation Overlay District include: balancing economic gains from new development while preserving the character and densities of residential neighborhoods, minimizing effects of new development on the privacy and character of surrounding neighborhoods, preserving historic resources, both individual and cumulatively in neighborhoods, and ensuring contextually appropriate infill development that contributes positively to the quality of the surrounding neighborhood.
SECTION 2-ENVIRONMENTAL REVIEW
The proposed project is not subject to the provisions of the California Environmental Quality Act (CEQA) pursuant to (1) Section 15061(b)(3) of the state CEQA Guidelines (Common Sense Exemption) because it can be seen with certainty that there is no possibility that it would have a significant effect on the environment; and (2) Section 15378 because it will not have a direct or reasonably foreseeable indirect physical change on the environment and is not a "project." For this reason, no further CEQA documentation is required.
Resolution No. PC 29-22
I hereby certify that the Planning Commission of the City of Orange adopted the foregoing Resolution on November 7, 2022, by the following vote:
AYES: Glasgow, Martinez, Simpson, Trapesonian and Vazquez NOES: None
ABSTAIN: None
ABSENT: None
______________________________________
David Vazquez, Planning Commission Chair
_______________________________
Date
Resolution No. PC 29-22
Attachment 1
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