Orange City Council
October 24, 2023

Repair & Replacement Services
To reduce the unexpected costs of unbudgeted repairs, Siemens will provide labor to repair or replace failed or worn components. Prior to beginning any repair or replacement, Siemens will troubleshoot the system to diagnose your system’s problem. Components that are suspected of being faulty may be repaired or replaced in advance to minimize the occurrence of system interruptions. Items not covered will be brought to the attention of the City for approval prior to repair or replacement.

Preventative Maintenance
Siemens will provide preventative inspections and maintenance on the installed components of your security system on dates to be determined semi-annually. This program of standard maintenance routines is determined by manufacturer’s recommendation, our experience, equipment application, and location. Through preventative maintenance, we may extend equipment life, reduce the risk of costly and disruptive breakdowns, and reduce the possibility of security risks that may result due to equipment that does not function as required. A list of covered equipment is included in the aboveEquipment Covered (Section 3.2) section of the service agreement. In summary, each piece of equipment will be inspected and tested during the preventative maintenance visits semi-annually.

Siemens will provide the personnel necessary to complete the “Preventative Maintenance Tasks” as listed in 3.6.

Variations in the quantity of devices listed in the Equipment Covered section of the proposal will, within reason, not affect the price of this agreement. Substantial changes to the system, such as the addition of 10 or more cameras, or 10 or more other field devices, may require modifications to this agreement, which will be negotiated by the Siemens account manager and the City of Orange.
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City of Orange
Security Service Agreement for 2023/2024
Software Support Agreements (SSA)
An active Software Support Agreement (SSA) is the best means to protect your investment, and make sure that your Genetec security database applications are kept current, through (a) providing software patches as released and applicable; as well as (b) new release upgrades of software and maintenance firmware updates as they are released, at no charge. This will allow the City of Orange to take advantage of new security features, while extending the life of your security system investment. Siemens will provide you with software and documentation updates to your existing software as they become available. Your active SSA also provides telephone support and assistance to Siemens certified technicians as needed for troubleshooting system issues, from Genetec' Customer Service Engineering department.

Operator Coaching
Through our individual Operator Coaching, we will review and reinforce learned skills, leading to greater operator knowledge and productivity. This service will ensure your operator’s gain full utilization of the system implemented in your facility. Siemens will assist your staff in identifying, verifying and resolving problems found in executing daily tasks. During the coaching sessions, we can address log book and system issues, assist your operators in becoming more self-sufficient, and improve the skills of your operators to better meet the needs of your facility and their specific job responsibilities. Under this agreement Siemens shall provide 6 hours of operator coaching per year, which will be conducted during normal business days and hours, during scheduled visits.

Data Protection & Data Recovery
To further safeguard the most important elements of your security systems, if selected, Siemens will provide data protection and data recovery for security systems, including routine on-site backups and quick recovery if data is lost or corrupted due to problems such as computer viruses, power outages, hard drive failures or physical damage.

Quarterly Review
Siemens Account Management will meet with you on a quarterly basis (either at the City of Orange or via Teams) to review report findings of our scheduled and non- scheduled service tasks, review recent service activity history and our performance to date, and discuss an analysis of the current security systems to confirm that your levels of protection are aligned with any changes in your business, real or potential risks, and technology.

Technology Audits
During quarterly business review meetings, Siemens will also assess current systems in place at the City of Orange and make recommendations to improve the security technologies at the City . This audit may include small recommendations, such as network components and device replacements, to large initiatives such as system upgrades and major adds or changes to the system. Siemens will work collaboratively with the City of Orange staff to evaluate new technologies that might have a beneficial use for the security of the City .

Documentation Support
Siemens will assist with the enhancement of existing drawings and documents to help support greater understanding of the City of Orange security system. These services will include addition of existing device locations to existing AutoCAD files, as well as the conversion of these files into a usable format (such as PDF) for the City ’s security use. These documents will be cross-referenced with existing devices at the City of Orange and updated periodically to provide an updated layout drawing at the end of each service agreement year. The drawings will provide device locations as well as a schedule of device types, part numbers, and available warranty expiration dates. Excluded from the drawings are cable pathways, conduit pathways, cable terminations and field of view diagrams. If more detail is requested in 2nd and 3rd years of the agreement, Siemens may propose the research and completion of these drawings utilizing the discounted preferred client rates as a separate proposal. 322
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Security Service Agreement for 2023/2024

3.6 Preventative Maintenance Tasks
The following preventive maintenance tasks will be completed on a scheduled, semi-annual basis.

1. Server and Client Software - Associated software (Operating System and Genetec Program). Ensure current versions of software. Contact Genetec for updates and ensure system is running at latest version and revision.

Siemens shall provide that all software service agreements are routinely renewed.

2. System Cabling – Ensure Main Point of Entry for Cabling Infrastructure is free from abrasions, chaffing and fraying. Ensure cabling is neatly bundled and not commingled when applicable with other cabling not identified as Security. Ensure cabling is tied and secure at all appropriate locations as it enters its enclosures from ceiling spaces. Report any problems in Log and provide to City of Orange representative.

3. Software Support Agreement – Test and confirm version, apply applicable patches, and update to latest release as applicable to site-specific installation.

4. Visually inspect cameras and provide cleaning and adjustments to cameras needing service. Identify any cameras having connectivity, picture quality, PTZ motion or other related issues. 323
City of Orange
Security Service Agreement for 2023/2024
SECTION 4: SERVICE AGREEMENT

4.1 Signature Page and Investment
By and Between:

Services shall be provided at the City of Orange. Siemens Industry, Inc. shall provide the services as outlined in the service agreement proposal dated 07/28/2023 and Siemens terms and conditions.

Duration (Initial Term and Renewal): This agreement shall remain in effect for an Initial Term of 3 Years beginning 9/22/2023. After the expiration of the Initial Term, this agreement shall optionally renew for successive one year periods.

The Investments for each year after the Initial Term of the Agreement and each year of each renewal of this Agreement shall be determined as the immediate prior year’s Investment plus an escalator of 7%. In addition, each renewal term pricing shall be adjusted for any additions or deletions to services selected for the renewal term.

Applicable sales taxes are excluded from the Investments. The pricingquoted in this proposal are firm for 30 days. The Customer acknowledges that when approved by the Customer and accepted by Siemens Industry, Inc., this Proposal and the Standard Terms and Conditions of Sale for Services, (together with any other documents incorporated into the forgoing) shall constitute the entire agreement of the parties with respect to its subject matter.

BY EXECUTION HEREOF, THE SIGNER CERTIFIES THAT (S)HE HAS READ ALL OF THE TERMS AND CONDITIONS AND DOCUMENTS, THAT SIEMENS INDUSTRY, INC. OR ITS REPRESENTATIVES HAVE MADE NO AGREEMENTS OR

REPRESENTATIONS EXCEPT AS SET FORTH THEREIN, AND THAT (S)HE IS DULY AUTHORIZED TO EXECUTE THE SIGNATURE PAGE ON BEHALF OF THE CUSTOMER.

Term: Start: End: Pricing, paid annually in advance:
1 September 22, 2023 September 21, 2024 252,400.00$
2 September 22, 2024 September 21, 2025 329,783.00$
3 September 22, 2025 September 21, 2026 339,676.49$
VIDEO MANAGEMENT SERVICE SUPPORT - CoO
Proposal accepted by:

City of Orange
_______________________________________________
Name & Title
_______________________________________________
Signature Date
P.O.#___________________________________________
Proposal submitted by:

Adam Harrold
Security Sales Executive
Siemens Industry, Inc.
_______________________________________
Signature Date
_______________________________________
Signing Manager Name & Title
_______________________________________
Signature Date
Siemens Industry, Inc.
6141 Katella Ave
Cypress, CA 90630
Adam Harrold
714.454.6804
City of Orange
300 E Chapman
Orange CA 92866
Mike Dering
714.744.2285
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Agenda Item
City Council
Item #: 7.4. 10/24/2023 File #: 22-0491
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Christopher Cash, Public Works Director

1. SUBJECT
Approval of plans and specifications for the City of Orange Corporation Yard Renovations Project, Phase I; authorization to advertise for bids; and finding of CEQA exemption.

2. SUMMARY
Approval of plans and specifications for the City of Orange Corporation Yard Renovations Project, Phase I and authorization to advertise for bids. The total estimated construction cost is $4 million.

3. RECOMMENDED ACTION
Approve plans and specifications and authorize advertising for Bid No. 23-24.14.

4. FISCAL IMPACT
The total expenditure for Phase I of the project is $4.12 million and will be funded through:

Corp Yard Renovations (12982) Sewer Maintenance (220) $1,677,000 Gas Tax (270) 287,000
Capital Projects (500) 1,000,000
City Infrastructure Bond (553) 1,000,000
City Facility Improvements (19809) City Trf: Tax Exempt Bonds (954) 156,000 Total: $4,120,000

5. STRATEGIC PLAN GOALS
Goal 1: Provide for a safe community
b: Provide and maintain infrastructure necessary to ensure the safety of the public.

Goal 4: Provide outstanding public service
b: Provide facilities and services to meet customer expectations.

6. DISCUSSION AND BACKGROUND
The City’sCorporation Yard (Corp Yard) located off Struck Avenue, was designed in 1975. Since that original plan, there have been minimal layout changes. With the recent sale of the eastern third of the Corp Yard for the Valencia Gardens Housing Project and changes to equipment and technology in the past 46 years, a reconfiguration of the facility is needed for continued operations.

The City retained an architectural firm to perform a feasibility study to redesign the layout and increase the functionality of the remaining space. Phase I of this project focuses on improving the City of Orange Printed on 10/19/2023Page 1 of 2
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Item #: 7.4. 10/24/2023 File #: 22-0491
increase the functionality of the remaining space. Phase I of this project focuses on improving the Corp Yard’sspace allocation, providing parking spaces for 100 employees, designating raw material storage areas, enhancing paths of travel and safety, maximizing equipment and vehicle storage, and redistributing the current storage for the Police Department. It also includes upgrading necessary improvements to comply with National Pollutant Discharge Elimination System (NPDES) environmental requirements. Other modifications include surface and underground drainage systems, lighting, landscaping, perimeter walls including the Police Department frontage along Struck, striping, and other onsite improvements as needed. Future phases of the project focus on pavement reconstruction, additional site lighting, and prefab metal buildings for Public Works, Community Services, and Fire Departments. The design of this project started in late 2021 and is now complete and ready to bid.

The total estimated project cost for multiple phases of this project are $10.6 million dollars, this includes a construction cost of $9.2 million dollars, a 15% contingency, and construction management costs. Current available funding for the project is $4.12 million. Currently, the Phase I bid includes all the underground improvements, surrounding 600 linear feet of walls for both the Corp Yard and adjacent Police Department Headquarters, Police Department storage area and building, material staging areas, 34,000 square feet of pavement reconstruction, enhanced main gate access, lighting and striping. In preparation for potential escalated construction costs, the bid includes a few deductible alternate bid items to further control costs and stay within budget.

Multiple funding sources are being used to support the project's construction phases, as these funds support the daily activities of the Corp Yard and the City. Future additional funding will likely be necessary to fully execute future phases and optimal buildout of the project.

7. ENVIRONMENTAL REVIEW
Categorical Exemption: The proposed project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) per State CEQA Guidelines Section 5301 (Class 1 - Existing Facilities) and Section 5311 (Class 11 -Accessory Structures), because the project involves the maintenance and reconfiguration of the existing Corporation Yard and the addition of accessory storage structures. No public review is required.

8. ATTACHMENTS
· None
City of Orange Printed on 10/19/2023Page 2 of 2
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Agenda Item
City Council
Item #: 7.4. 10/24/2023 File #: 22-0491
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Christopher Cash, Public Works Director

1. SUBJECT
Approval of plans and specifications for the City of Orange Corporation Yard Renovations Project, Phase I; authorization to advertise for bids; and finding of CEQA exemption.

2. SUMMARY
Approval of plans and specifications for the City of Orange Corporation Yard Renovations Project, Phase I and authorization to advertise for bids. The total estimated construction cost is $4 million.

3. RECOMMENDED ACTION
Approve plans and specifications and authorize advertising for Bid No. 23-24.14.

4. FISCAL IMPACT
The total expenditure for Phase I of the project is $4.12 million and will be funded through:

Corp Yard Renovations (12982) Sewer Maintenance (220) $1,677,000 Gas Tax (270) 287,000
Capital Projects (500) 1,000,000
City Infrastructure Bond (553) 1,000,000
City Facility Improvements (19809) City Trf: Tax Exempt Bonds (954) 156,000 Total: $4,120,000

5. STRATEGIC PLAN GOALS
Goal 1: Provide for a safe community
b: Provide and maintain infrastructure necessary to ensure the safety of the public.

Goal 4: Provide outstanding public service
b: Provide facilities and services to meet customer expectations.

6. DISCUSSION AND BACKGROUND
The City’sCorporation Yard (Corp Yard) located off Struck Avenue, was designed in 1975. Since that original plan, there have been minimal layout changes. With the recent sale of the eastern third of the Corp Yard for the Valencia Gardens Housing Project and changes to equipment and technology in the past 46 years, a reconfiguration of the facility is needed for continued operations.

The City retained an architectural firm to perform a feasibility study to redesign the layout and increase the functionality of the remaining space. Phase I of this project focuses on improving the City of Orange Printed on 10/19/2023Page 1 of 2
powered by Legistar™
327
Item #: 7.4. 10/24/2023 File #: 22-0491
increase the functionality of the remaining space. Phase I of this project focuses on improving the Corp Yard’sspace allocation, providing parking spaces for 100 employees, designating raw material storage areas, enhancing paths of travel and safety, maximizing equipment and vehicle storage, and redistributing the current storage for the Police Department. It also includes upgrading necessary improvements to comply with National Pollutant Discharge Elimination System (NPDES) environmental requirements. Other modifications include surface and underground drainage systems, lighting, landscaping, perimeter walls including the Police Department frontage along Struck, striping, and other onsite improvements as needed. Future phases of the project focus on pavement reconstruction, additional site lighting, and prefab metal buildings for Public Works, Community Services, and Fire Departments. The design of this project started in late 2021 and is now complete and ready to bid.

The total estimated project cost for multiple phases of this project are $10.6 million dollars, this includes a construction cost of $9.2 million dollars, a 15% contingency, and construction management costs. Current available funding for the project is $4.12 million. Currently, the Phase I bid includes all the underground improvements, surrounding 600 linear feet of walls for both the Corp Yard and adjacent Police Department Headquarters, Police Department storage area and building, material staging areas, 34,000 square feet of pavement reconstruction, enhanced main gate access, lighting and striping. In preparation for potential escalated construction costs, the bid includes a few deductible alternate bid items to further control costs and stay within budget.

Multiple funding sources are being used to support the project's construction phases, as these funds support the daily activities of the Corp Yard and the City. Future additional funding will likely be necessary to fully execute future phases and optimal buildout of the project.

7. ENVIRONMENTAL REVIEW
Categorical Exemption: The proposed project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) per State CEQA Guidelines Section 5301 (Class 1 - Existing Facilities) and Section 5311 (Class 11 -Accessory Structures), because the project involves the maintenance and reconfiguration of the existing Corporation Yard and the addition of accessory storage structures. No public review is required.

8. ATTACHMENTS
· None
City of Orange Printed on 10/19/2023Page 2 of 2
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Agenda Item
City Council
Item #: 7.5. 10/24/2023 File #: 23-0690
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager

1. SUBJECT
Agreement with Fairbank, Maslin, Maullin, Metz & Associates for a citywide survey and analysis.

2. SUMMARY
The proposed agreement with Fairbank, Maslin, Maullin, Metz & Associates will develop and administer a statistically valid community survey to measure public perceptions on service priorities and potential local finance measures.

3. RECOMMENDED ACTION

1. Approve the agreement with Fairbank, Maslin, Maullin, Metz & Associates in the amount of $65,750 to develop and administer a statistically valid community survey in the City of Orange and present the results with all necessary analyses/interpretations; and authorize the Mayor and City Clerk to execute on behalf of the City.

2. Authorize the appropriation of $65,750 from the General Fund unreserved fund balance to expenditure account number 100.0201.51670.00000, General Fund - Other Professional & Consulting Services.

4. FISCAL IMPACT
The total expenditure for this agreement is $65,750 and will be funded through the General Fund, account number 100.0201.51670.00000. Upon approval of this appropriation, the estimated fund balance for Fund 100 at June 30, 2024 will be $325,742.

5. STRATEGIC PLAN GOALS
Goal 2: Be a Fiscally Healthy Community
b. Analyze future fiscal needs and potential revenue opportunities.

Goal 4: Provide Outstanding Public Service
e. Obtain, implement, and evaluate public input into our services and programs.

6. DISCUSSION AND BACKGROUND
Across California, many local agencies work with professional research firms to develop and administer community surveys to identify public perceptions as a means to inform future decisions.

As a part of the Fiscal Year (“FY”)2023-2024 budget review, the City Council had expressed interest in staff conducting a communitywide survey to identify service priorities to help guide future budget recommendations. In drawing from Orange Municipal Code Section 3.08.420 (as it pertains to informal solicitations), City staff contacted three research firms with local government experience and City of Orange Printed on 10/19/2023Page 1 of 2
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Item #: 7.5. 10/24/2023 File #: 23-0690
informal solicitations), City staff contacted three research firms with local government experience and obtained three proposals detailing the respective firms’background, local government experience, research approach, and cost.

At the October 3, 2023, City Council Meeting, the City Council directed staff to study a package of three potential revenue measures - a sales tax increase feasibility study, transient occupancy tax increase feasibility study, and a utility user tax feasibility study (hereinafter collectively referred to as “Local Finance Measures”). Staff contacted the three firms to modify their respective proposals to include analyses on the feasibility of the Local Finance Measures. Provided below are the costs each firm provided. While the City Council can modify or direct a different approach, all three assume a split-sample approach administered to 900 respondents:

Firms Proposal Cost
Fairbank, Maslin, Maullin, Metz &
Associates
$65,750
True North Research $53,815
Probolsky Research $49,100
After reviewing the revised proposals and meeting with each firm, staff ultimately determined that Fairbank, Maslin, Maullin, Metz & Associates (“FM3”) best meets the City’s needs. While all three firms have been successful in working with local governments across California to administer communitywide surveys (including Local Finance Measure feasibility studies), FM3 has provided research and strategic advice on over 600 Local Finance Measures. ’A list detailing some of FM3s prior work on Local Finance Measures can be viewed by clicking here. <https://fm3research.com/clients_category/ballot-measures/> While experience in Local Finance Measures was not the sole focus, it helps illustrate research accuracy. Cities utilizing FM3 have likely, in part, relied on the FM3’s research and advice to determine if a particular Local Finance Measure should be placed on a ballot. Locally, FM3 has worked on similar Local Finance Measures in the following cities:
· Garden Grove
· La Habra
· Los Alamitos
· Santa Ana
· Westminster
Although FM3’scost is the highest of the three proposals, their accuracy and extensive experience suggests that this one-time cost will produce invaluable information that will help inform future City Council decisions and direction to City staff.

7. ATTACHMENTS
· Proposed FM3 Professional Services Agreement and Proposal City of Orange Printed on 10/19/2023Page 2 of 2
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Agenda Item
City Council
Item #: 7.5. 10/24/2023 File #: 23-0690
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager

1. SUBJECT
Agreement with Fairbank, Maslin, Maullin, Metz & Associates for a citywide survey and analysis.

2. SUMMARY
The proposed agreement with Fairbank, Maslin, Maullin, Metz & Associates will develop and administer a statistically valid community survey to measure public perceptions on service priorities and potential local finance measures.

3. RECOMMENDED ACTION

1. Approve the agreement with Fairbank, Maslin, Maullin, Metz & Associates in the amount of $65,750 to develop and administer a statistically valid community survey in the City of Orange and present the results with all necessary analyses/interpretations; and authorize the Mayor and City Clerk to execute on behalf of the City.

2. Authorize the appropriation of $65,750 from the General Fund unreserved fund balance to expenditure account number 100.0201.51670.00000, General Fund - Other Professional & Consulting Services.

4. FISCAL IMPACT
The total expenditure for this agreement is $65,750 and will be funded through the General Fund, account number 100.0201.51670.00000. Upon approval of this appropriation, the estimated fund balance for Fund 100 at June 30, 2024 will be $325,742.

5. STRATEGIC PLAN GOALS
Goal 2: Be a Fiscally Healthy Community
b. Analyze future fiscal needs and potential revenue opportunities.

Goal 4: Provide Outstanding Public Service
e. Obtain, implement, and evaluate public input into our services and programs.

6. DISCUSSION AND BACKGROUND
Across California, many local agencies work with professional research firms to develop and administer community surveys to identify public perceptions as a means to inform future decisions.

As a part of the Fiscal Year (“FY”)2023-2024 budget review, the City Council had expressed interest in staff conducting a communitywide survey to identify service priorities to help guide future budget recommendations. In drawing from Orange Municipal Code Section 3.08.420 (as it pertains to informal solicitations), City staff contacted three research firms with local government experience and City of Orange Printed on 10/19/2023Page 1 of 2
powered by Legistar™
331
Item #: 7.5. 10/24/2023 File #: 23-0690
informal solicitations), City staff contacted three research firms with local government experience and obtained three proposals detailing the respective firms’background, local government experience, research approach, and cost.

At the October 3, 2023, City Council Meeting, the City Council directed staff to study a package of three potential revenue measures - a sales tax increase feasibility study, transient occupancy tax increase feasibility study, and a utility user tax feasibility study (hereinafter collectively referred to as “Local Finance Measures”). Staff contacted the three firms to modify their respective proposals to include analyses on the feasibility of the Local Finance Measures. Provided below are the costs each firm provided. While the City Council can modify or direct a different approach, all three assume a split-sample approach administered to 900 respondents:

Firms Proposal Cost
Fairbank, Maslin, Maullin, Metz &
Associates
$65,750
True North Research $53,815
Probolsky Research $49,100
After reviewing the revised proposals and meeting with each firm, staff ultimately determined that Fairbank, Maslin, Maullin, Metz & Associates (“FM3”) best meets the City’s needs. While all three firms have been successful in working with local governments across California to administer communitywide surveys (including Local Finance Measure feasibility studies), FM3 has provided research and strategic advice on over 600 Local Finance Measures. ’A list detailing some of FM3s prior work on Local Finance Measures can be viewed by clicking here. <https://fm3research.com/clients_category/ballot-measures/> While experience in Local Finance Measures was not the sole focus, it helps illustrate research accuracy. Cities utilizing FM3 have likely, in part, relied on the FM3’s research and advice to determine if a particular Local Finance Measure should be placed on a ballot. Locally, FM3 has worked on similar Local Finance Measures in the following cities:
· Garden Grove
· La Habra
· Los Alamitos
· Santa Ana
· Westminster
Although FM3’scost is the highest of the three proposals, their accuracy and extensive experience suggests that this one-time cost will produce invaluable information that will help inform future City Council decisions and direction to City staff.

7. ATTACHMENTS
· Proposed FM3 Professional Services Agreement and Proposal City of Orange Printed on 10/19/2023Page 2 of 2
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PROFESSIONAL SERVICES AGREEMENT
[Budget Priority and Revenue Survey]

THIS PROFESSIONAL SERVICES AGREEMENT (the “Agreement”) is made at Orange, California, on thi s ___ day of _______________, 2023 (the “Effective Date”) by and between the CITY OF ORANGE, a municipal corporation (“City”), and FAIRBANK, MASLIN, MAULLIN, METZ & ASSOCIATES, INC. (FM3), a California corporation (“Contractor”), who agree as follows:

1. Services. Subject to the terms and conditions set forth in this Agreement, Contractor shall provide to the reasonable satisfaction of City the services set forth in Exhibit “A,” which is attached hereto and incorporated herein by reference. As a material inducem ent to City to enter into this Agreement, Contractor represents and warrants that it has thoroughly investigated and considered the scope of services and fully understands the difficulties and restrictions in performing the work. The services which are th e subject of this Agreement are not in the usual course of City’s business and City relies on Contractor’s representation that it is independently engaged in the busi ness of providing such services and is experienced in performing the work.

Contractor shall perform all services in a manner reasonably satisfactory to City and in a manner in conformance with the standards of quality normally observed by an entity provid ing such services to a municipal agency. All services provided shall conform to all federal, state and local laws, rules and regulations and to the best professional standards and practices. The terms and conditions set forth in this Agreement shall control over any terms and conditions in Exhibit "A" to the contrary.

Jack Morgan, Senior Assistant to the City Manager (“City’s Project Manager”), shall be the person to whom Contractor will report for the performance of services hereunder. It is understood that Contractor’s performance hereunder shall be under the supervision of City’s Project Manager (or his/her designee), that Contractor shall coordinate its services hereunder with City’s Project Manager to the extent required by City’s Project Manager, and that all performances required hereunder by Contractor shall be performed to the satisfaction of City’s Project Manager and the City Manager.

2. Compensation and Fees.

a. Contractor's total compensation for all services performed under this Agreement, shall not exceed SIXTY-FIVE THOUSAND SEVEN HUNDRED FIFTY DOLLARS and 00/100 ($65,750.00) without the prior written authorization of City.

b. The above compensation shall include all costs, including, but not limited to, all clerical, administrative, overhead, insurance, reproduction, telephone, travel, auto rental, subsistence and all related expenses.

3. Payment.

a. As scheduled services are completed, Contractor shall submit to City an invoice for the services completed, authorized expenses and authorized extra work actually performed or incurred.
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2 b. All such invoices shall state the basis for the amount invoiced, including services completed, the number of hours spent and any extra work performed.

c. Payment shall constitute payment in full for all services, authorized costs and authorized extra work covered by that invoice.

4. Change Orders. No payment for extra services caused by a change in the scope or complexity of work, or for any other reason, shall be made unless and until such extra services and a price therefor have been previously authorized in writing and approved by City as an amendment to this Agreement. City’s Project Manager is authorized to approve a reduction in the services to be performed and compensation therefor. All amendments shall set forth the changes of work, extension of time, and/or adjustment of the compensation to be paid by City to Contractor and shall be signed by the City’s Project Manager, City Manager or City Council, as applicable.

5. Licenses. Contractor represents that it and any subcontractors it may engage, possess any and all licenses which are required under state or federal law to perform the work contemplated by this Agreement and that Contractor and its subcontractors shall maintain all appropriate lice nses, including a City of Orange business license, at its cost, during the performance of this Agreement.

6. Independent Contractor . At all times during the term of this Agreement, Contractor shall be an independent contractor and not an employee of Cit y. City shall have the right to control Contractor only insofar as the result of Contractor's services rendered pursuant to this Agreement. City shall not have the right to control the means by which Contractor accomplishes services rendered pursuant to this Agreement. Contractor shall, at its sole cost and expense, furnish all facilities, materials and equipment which may be required for furnishing services pursuant to this Agreement. Contractor shall be solely responsible for, and shall indemnify, def end and save City harmless from all matters relating to the payment of its subcontractors, agents and employees, including compliance with social security withholding and all other wages, salaries, benefits, taxes, exactions, and regulations of any nature whatsoever.

Contractor acknowledges that it and any subcontractors, agents or employees employed by Contractor shall not, under any circumstances, be considered employees of City, and that they shall not be entitled to any of the benefits or rights afforded employees of City, including, but not limited to, sick leave, vacation leave, holiday pay, Public Employees Retirement System benefits, or health, life, dental, long-term disability or workers' compensation insurance benefits.

7. Contractor Not Agent. Except as City may specify in writing, Contractor shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. Contractor shall have no authority, express or implied, to bind City to any obligation whatsoever.

8. Designated Persons. Only those qualified persons authorized by City’s Project Manager, or as designated in Exhibit “A,” shall perform work provided for under this Agreement.

It is understood by the parties that clerical and other nonprofessional work may be performed by persons other than those designated.
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3 9. Assignment or Subcontracting. No assignment or subcontracting by Contractor of any part of this Agreement or of funds to be received under this Agreement shall be of any force or effect unless the assignment has the prior written approval of City. City may terminate this Agreement rather than accept any proposed a ssignment or subcontracting. Such assignment or subcontracting may be approved by the City Manager or his/her designee.

10. Time of Completion . Except as otherwise specified in Exhibit “A,” Contractor shall commence the work provided for in this Agreement within five (5) days of the Effective Date of this Agreement and diligently prosecute completion of the work in accordance with the time period set forth in Exhibit “A” hereto or as otherwise agreed to by and between the representatives of the parties.

11. Time Is of the Essence. Time is of the essence in this Agreement. Contractor shall do all things necessary and incidental to the prosecution of Contractor's work.

12. Reserved.

13. Delays and Extensions of Time . Contractor's sole remedy for delays outside its control, other than those delays caused by City, shall be an extension of time. No matter what the cause of the delay, Contractor must document any delay and request an extension of time in writing at the time of the delay to the satisfaction of City. Any extensions granted shall be limited to the length of the delay outside Contractor’s control. If Contractor believes that delays caused by City will cause it to incur additional costs, it must specify, in writing, wh y the delay has caused additional costs to be incurred and the exact amount of such cost at the time the delay occurs. No additional costs can be paid that exceed the not to exceed amount stated in Section 2.a, above, absent a written amendment to this Agreement.

14. Products of Contractor. The documents, studies, evaluations, asses sments, reports, plans, citations, materials, manuals, technical data, logs, files, designs and other products produced or provided by Contractor for this Agreement shall bec ome the property of City upon receipt. Contractor shall deliver all such products to City prior to payment for same. City may use, reuse or otherwise utilize such products without restriction.

15. Equal Employment Opportunity . During the performance of this Agreement, Contractor agrees as follows:

a. Contractor shall not discriminate against any employee or applica nt for employment because of race, color, religion, sex, national origin, mental or physical disability, or any other basis prohibited by applicable law. Contractor shall ensure that applicants are employed, and that employees are treated during employmen t, without regard to their race, color, religion, sex, national origin, mental or physical disability, or any other basis prohibited by applicable law.

Such actions shall include, but not be limited to the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation and selection for training, including apprenticeship. Contractor agrees to post in 335
4 conspicuous places, available to employees and applicants for employment, a notice setting forth provisions of this non-discrimination clause.

b. Contractor shall, in all solicitations and advertisements for employees placed by, or on behalf of Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, national origin, mental or physical disability, or any other basis prohibited by applicable law.

c. Contractor shall cause the foregoing paragraphs (a) and (b) to be inserted in all subcontracts for any work covered by this Agreement, provided that the foregoing provisions shall not apply to subcontracts for standard commercial supplies or raw materials.

16. Conflicts of Interest. Contractor agrees that it shall not make, participate in the making, or in any way attempt to use its position as a consultant to influence any decision of City in which Contractor knows or has reason to know that Contractor, its officers, partners, or employees have a financial interest as defined in Section 8710 3 of the Government Code. [Contractor further agrees that it shall not be eligible to work as the design/build firm for the project that is the subject of this Agreement.]

17. Indemnity.

a. To the fullest extent permitted by law , Contractor agrees to indemnify, defend and hold City, its City Council and each member thereof, and the officers, officials, agents and employees of City (collectively the “Indemnitees”) entirely harmless from all liability arising out of:

(1) Any and all claims und er workers’ compensation acts and other employee benefit acts with respect to Contractor’s employees or Contractor’s subcontractor’s employees arising out of Contractor’s work under this Agreement, including any and all claims under any law pertaining to Contractor or its employees’ status as an independent contractor and any and all claims under Labor Code section 1720 related to the payment of prevailing wages for public works projects; and

(2) Any claim, loss, injury to or death of persons or damage to property caused by any act, neglect, default, or omission other than a professional act or omission of Contractor, or person, firm or corporation employed by Contractor, either directly or by independent contract, including all damages due to loss or theft sustained by any person, firm or corporation including the Indemnitees, or any of them, arising out of, or in any way connected with the work or services which are the subject of this Agreement, including injury or damage either on or off City’s property; but not for any loss, injury, death or damage caused by the active negligence or willful misconduct of City. Contractor, at its own expense, cost and risk, shall indemnify any and all claims, actions, suits or other proceedings that may be brought or instituted against the Indemnitees on any such claim or liability covered by this subparagraph, and shall pay or satisfy any judgment that may be rendered against the Indemnitees, or any of them, in any action, suit or other proceedings as a result of coverage under this subparagraph.

336
5 b. To the fullest extent permitted by law, and as limited by California Civil Code 2782.8, Contractor agrees to indemnify and hold Indemnitees harmless from all liabili ty arising out of any claim, loss, injury to or death of persons or damage to property to the extent caused by its negligent professional act or omission in the performance of professional services pursuant to this Agreement.

c. Except for the Indemnite es, the indemnifications provided in this Agreement shall not be construed to extend any third party indemnification rights of any kind to any person or entity which is not a signatory to this Agreement.

d. The indemniti es set forth in this section shall survive any closing, rescission, or termination of this Agreement, and shall continue to be binding and in full force and effect in perpetuity with respect to Contractor and its successors.

18. Insurance.

a. Contractor shall carry workers ’ compensation insurance as required by law for the protection of its employees during the progress of the work. Contractor understands that it is an independent contractor and not entitled to any worker s’ compensation benefits unde r any City program.

b. Contractor shall maintain during the life of this Agreement the following minimum amount of comprehensive general liability insurance or commercial general liability insurance: the greater of (1) Million Dollars ($1,000,000) per occurrence; or (2) all the insurance coverage and/or limits carried by or available to Contractor. Said insurance shall cover bodily injury, death and property damage and be written on an occurrence basis.

c. Contractor shall maintain during the life of this Agreement, the following minimum amount of automotive liability insurance: the greater of (1) a combined single limit of One Million Dollars ($ 1,000,000); or (2) all the insurance coverage and/or limits carried by or available to Contractor. Said insurance shall cover bodily injury, death and property damage for all owned, non-owned and hired vehicles and be written on an occurrence basis.

d. Any insurance proceeds in excess of or broader than the minimum required coverage and/or minimum required limits which are applicable to a given loss shall be available to City. No representation is made that the minimum insurance requirements of this Agreement are sufficient to cover the obligations of Contractor under this Agreement.

e. Each policy of general liability and automotive liability s hall provide that City, its officers, officials, agents, and employees are declared to be additional insureds under the terms of the policy, but only with respect to the work performed by Contractor under this Agreement. A policy endorsement to that effect shall be provided to City along with the certificate of insurance. In lieu of an endorsement, City will accept a copy of the policy(ies) which evidences that City is an additional insured as a contracting party. The minimum coverage required by Subsection 18.b and c, above, shall apply to City as an additional insured. Any umbrella liability 337
6 insurance that is provided as part of the general or automobile liability minimums set forth herein shall be maintained for the duration of the Agreement.

f. Reserved.

g. The insurance policies maintained by Contractor shall be primary insurance and no insurance held or owned by City shall be called upon to cover any loss under the policy.

Contractor will determine its own needs in procurement of insurance to cover liabilities other than as stated above.

h. Before Contractor performs any work or prepares or delivers any materials, Contractor shall furnish certificates of insurance and endorsements, as required by City, evidencing the aforementioned minimum insurance coverages on forms acceptable to City, which shall provide that the insurance in force will not be canceled or allowed to lapse without at least ten (10) days’ prior written notice to City.

i. Except for professional liability insurance coverage that may be required by this Agreement, all insurance maintained by Contractor shall be issued by companies admitted to conduct the pertinent line of insurance business in California and having a rating of Grade A or better and Class VII or better by the latest edition of Best Key Rating Guide. In the case of professional liability insurance coverage, such coverage shall be issued by companies either licensed or admitted to conduct business in California so long as such insurer pos sesses the aforementioned Best rating.

j Contractor shall immediately notify City if any required insurance lapses or is otherwise modified and cease performance of this Agreement unless otherwise directed by City.

In such a case, City may procure insurance or self-insure the risk and charge Contractor for such costs and any and all da mages resulting therefrom, by way of set -off from any sums owed Contractor.

k. Contractor agrees that in the event of loss due to any of the perils for which it has agreed to provide insurance, Contractor shall look solely to its insurance for recovery.

Contractor hereby grants to City, on behalf of any insurer providing insurance to either Contractor or City with respect to the services of Contractor herein, a waiver of any right to subrogation which any such insurer may acquire against City by virtue of the payment of any loss under such insurance.

l. Contractor shall include all subcontrac tors, if any, as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor to City for review and approval. All coverages for subcontractors shall be subject to all of the requirements stated herein.

19. Termination. City may for any reason terminate this Agreement by giving Contractor not less than five (5) days’ written notice of intent to terminate. Upon receipt of such notice, Contractor shall immediately cease work, unless the notice from City provides otherwise.

Upon the termination of this Agreement, City shall pay Contractor for services satisfactorily 338
7 provided and all allowable reimbursements incurred to the date of termination in compliance with this Agreement, unless termination by City shall be for cause, in which event City may withhold any disputed compensation. City shall not be liable for any claim of lost profits.

20. Maintenance and Inspection of Records. In accordance with generally accepted accounting principles, Contractor and its subcontractors shall maintain reasonably full and complete books, documents, papers, accounting records, and other information (collectively, the “records”) pertaining to the costs of and completion of services performed under this Agreement.

City and its authorized representatives shall have access to and the right to audit and reproduce any of Contractor's records regarding the services provided under this Agreement. Contractor shall maintain all such records for a period of at least three (3) years after termination or completion of this Agreement. Contractor agrees to make available all such records for inspection or audit at its offices during normal business hours and upon three (3) days’ notice from City, and copies thereof shall be furnished if requested.

21. Compliance with all Laws/Immigration Laws.

a. Contractor shall be knowledgeable of and comply with all local, state and federal laws which may apply to the performance of this Agreement.

b. If the work provided for in this Agreement constitutes a “public works,” as that term is defined in Section 1720 of the California Labor Code, for which prevailing wages must be paid, to the extent Contractor’s employees will perform any work that falls within any of the classifications for which the Department of Labor Relations of the State of California promulgates prevailing wage determinations, Contractor hereby agrees that it, and any subcontractor under it, shall pay not less than the specified prevailing ra tes of wages to all such workers . The general prevailing wage determinations for c rafts can be located on the w ebsite of the Department of Industrial Relations (www.dir.ca.gov/DLSR). Additionally, to perform work under this Contract, Contractor must meet all State registration requirements and criteria, including project compliance monitoring.

c. Contractor represents and warrants that it:

(1) Has complied and shall at all times during the term of this Agreement comply, in all respects, with all immigration laws, regulations, statutes, rules, codes, and orders, including, without limitation, the Immigration Reform and Control Act of 1986 (IRCA); and

(2) Has not and will not knowingly employ any individual to perform services under this Agreement who is ineligible to work in the United States or under the terms of this Agreement; and

(3) Has properly maintained, and shall at all times during the term of this Agreement properly maintain, all related employment documentation records including, without limitation, the completion and maintenance of the Form I -9 for each of Contractor’s employees; and
339
8 (4) Has responded, and shall at all times during the term of this Agreement respond, in a timely fashion to any government inspection requests relating to immigration law compliance a nd/or Form I -9 compliance and/or worksite enforcement by the Department of Homeland Security, the Department of Labor, or the Social Security Administration.

d. Contractor shall require all subcontractors or subconsultants to make the same representations and warranties as set forth in Subsection 21.c.

e. Contractor shall, upon request of City, provide a list of all employees working under this Agreement and shall provide, to the reasonable satisfaction of City, verification that all such employees are eligible to work in the United States. All costs associated with such verification shall be borne by Contractor. Once such request has been made, Contractor may not change employees working under this Agreement without written notice to City, accompanied by the verification required herein for such employees.

f. Contractor shall require all subcontractors or sub-consultants to make the same verification as set forth in Subsection 21.e.

g. If Contractor or subcontractor knowingly employs an employee providing work under this Agreement who is not authorized to work in the United States, and/or fails to follow federal laws to determine the status of such employee, that shall constitute a material breach of this Agreement and may be cause for immediate termination of this Agreement by City.

h. Contractor agrees to indemnify and hold City, its officers, officials, agents and employees harmless for, of and from any loss, including but not limited to fines, penalties and corrective measures City may sustain by reason of Contractor's failure to comply with said laws, rules and regulations in connection with the performance of this Agreement.

22. Governing Law and Venue. This Agreement shall be construed in accordance with and governed by the laws of the State of California and Contractor agrees to submit to the jurisdiction of California courts. Venue for any dispute arisi ng under this Agreement shall be in Orange County, California.

23. Integration. This Agreement constitutes the entire agreement of the parties. No other agreement, oral or written, pertaining to the work to be performed under this Agreement shall be of any force or effect unless it is in writing and signed by both parties. Any work performed which is inconsistent with or in violation of the provisions of this Agree ment shall not be compensated.

24. Notice. Except as otherwise provided herein, all notices required under this Agreement shall be in writing and delivered personally , by e -mail, or by first class U.S. mail, postage prepaid, to each party at the address listed below. Either party may change the notice address by notifying the other party in writing. Notices shall be deemed received upon receipt of 340
9 same or within three (3) days of deposit in the U.S. Mail, whichever is earlier. Notices sent by e- mail shall be deemed received on the date of the e-mail transmission.

“CONTRACTOR” “CITY”

FM3 Research City of Orange
12100 Wilshire Blvd., Ste. 350 300 E. Chapman Avenue
Los Angeles, CA 90025 Orange, CA 92866-1591
Attn.: Richard Bernard Attn.: Jack Morgan

Telephone: 310-828-1183 Telephone: 714-744-2220
E-Mail: [email protected] E-Mail: [email protected]

25. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. Signatures transmitted via facsimile and electronic mail shall have the same effect as original signatures.

[Remainder of page intentionally left blank; signatures on next page]

341
10 IN WITNESS of this Agreement, the parties have entered into t his Agreement as of the year and day first above written.

“CONTRACTOR” “CITY”

FAIRBANK, MASLIN, MAULLIN, METZ CITY OF ORANGE, a municipal corporation & ASSOCIATES, INC. (FM3), a California
corporation
By:

Daniel R. Slater, Mayor
*By:

Printed Name:

Title:

ATTEST:

*By:

Printed Name:

Title: Pamela Coleman, City Clerk

APPROVED AS TO FORM:

Nathalie Adourian
Senior Assistant City Attorney

*NOTE: City requires the following signature(s) on behalf of the Contractor:
-- (1) the Chairman of the Board, the President or a Vice-President, AND (2) the Secretary, the Chief Financial Officer, the Treasurer, an Assistant Secretary or an Assistant Treasurer. If only one corporate officer exists or one corporate officer holds more than one corporate office, please so indicate. OR -- The corporate officer named in a corporate resolution as authorized to enter into this Agreement. A copy of the corporate resolution, certified by the Secretary close in time to the execution of the Agreement, must be provided to City.

√

342

EXHIBIT “A”

SCOPE OF SERVICES

[Beneath this sheet.]
343
12100 Wilshire Boulevard, Suite 350 | Los Angeles, CA 90025 Phone: (310) 828-1183 | Fax: (310) 453-6562
1999 Harrison St., Suite 2020 | Oakland, CA 94612
Phone: (510) 451-9521 | Fax: (510) 451-0384
TO Tom Kisela, City Manager and Jack Morgan, Senior Assistant to the City Manager City of Orange
FROM Dr. Richard Bernard, and Adam Sonenshein
FM3 Research
RE: Cost Estimate for City of Orange Resident Budget Priority Survey DATE October 9, 2023
Fairbank, Maslin, Maullin, Metz & Associates (FM3) is happy to submit this survey research proposal including FM3’s background, the firm’s relevant experience, proposed summary of research scope and estimated costs to work on behalf of the City of Orange. FM3 understands that the City of Orange is looking for a public opinion research firm to primarily gauge your residents’ budget priorities, as well as the viability of one of three possible revenue enhancement mechanisms (sales tax, transient occupancy tax, utility user tax) that could be placed on a future City ballot. Given our experience we believe we are well-suited for this role. 344
12100 Wilshire Boulevard, Suite 350 | Los Angeles, CA 90025 Phone: (310) 828-1183 | Fax: (310) 453-6562
1999 Harrison St., Suite 2020 | Oakland, CA 94612
Phone: (510) 451-9521 | Fax: (510) 451-0384

FM3 BACKGROUND
Fairbank, Maslin, Maullin, Metz & Associates (FM3 Research or FM3) has been conducting public policy-oriented opinion research since 1981 on issues of major economic and social concern. As a California-based company, we are a medium-sized research firm with 22 full-time employees working out of our Oakland and Los Angeles offices.

The research FM3 conducts goes far beyond simply documenting the knowledge, views, and behaviors of various populations. Rather, our work produces actionable data that provides a strategic roadmap for policy makers and informs community outreach and communication efforts.

Each of the research projects we do is led by one of our six partners, all of whom are nationally respected authorities on public opinion research. As our client, you will have direct access to not only the partner working on your project, but also several other key staff members with advanced degrees in public policy, research methods, and/or extensive
experience working in state and local government.

While our firm is not so big that you will wonder whom to call with your questions, we are big enough to have our own in- house data analysis/processing team and graphic design
resources. This means we can provide our clients with a level of personal attention and service from firm partners and other senior staff more often associated with much smaller organizations, while also providing rapid project turnaround and more sophisticated data analysis and presentations tailored to client needs that one might expect from larger firms.

FM3 utilizes a variety of research tools designed to address each client’s unique circumstances. Some of these tools are quantitative, such as surveys; some are qualitative, such as focus groups; and others fall somewhere in between. In any given year, FM3 conducts more than 300 surveys and 160 focus groups, in addition to providing ongoing consulting for key clients. We also actively monitor methodological developments through our industry’s trade association—the American Association for Public Opinion Research (AAPOR)—and continually experiment with newly evolving online and digital research approaches.

FM3 offers a hands-on approach in
which one of our partners is
engaged in the research every step
of the way.

When you work with us, an FM3 partner is
always just a phone call away, happy to
provide consultation to help keep your
projects moving in the right direction.
345
12100 Wilshire Boulevard, Suite 350 | Los Angeles, CA 90025 Phone: (310) 828-1183 | Fax: (310) 453-6562
1999 Harrison St., Suite 2020 | Oakland, CA 94612
Phone: (510) 451-9521 | Fax: (510) 451-0384

RELEVANT EXPERIENCE
Local Experience
FM3 has ample experience working in Orange County on behalf of various government agencies to conduct opinion research related to strategic plans, budget priorities, ballot initiatives and/or resident satisfaction surveys, for such cites as Buena Park, Costa Mesa, Dana Point, Fountain Valley, Fullerton, Huntington Beach , Rancho Santa Margarita, San Clemente, San Juan Capistrano, Santa Ana, Westminster and Yorba Linda (see references below).

We have also conducted several projects for the Orange County Transportation Authority (OCTA), the Southern California Association of Governments (SCAG), as well as various community college districts, local school districts and water districts.

References:

Al Zelinka
City Manager
City of Huntington Beach
Phone: 714-536-5202
[email protected]
Lori Ann Farrell Harrison
City Manager
City of Costa Mesa
Phone: 714-754-5328
[email protected]
Chet Simmons
City Manager
City of Los Alamitos
Phone: 562-431-3538, ext. 201
[email protected]
Christine Cordon
City Manager
City of Westminster
Phone: 714-548-3237
[email protected]
Michael Killebrew
City Manager
City of Dana Point
Phone: 949-248-3513
[email protected]
346
12100 Wilshire Boulevard, Suite 350 | Los Angeles, CA 90025 Phone: (310) 828-1183 | Fax: (310) 453-6562
1999 Harrison St., Suite 2020 | Oakland, CA 94612
Phone: (510) 451-9521 | Fax: (510) 451-0384

Experience Conducting City Government Surveys
For more than four decades, FM3 has conducted hundreds of resident satisfaction and strategic planning surveys for local governments throughout our home state of California. This research is designed to produce actionable outcomes for clients and inform critical decisions such as those involving resource allocation, public policy, and personnel management. In this work, we have designed questions on a broad and diverse set of issues and have a library of knowledge of how to effectively measure opinions and report what is significant in those findings. We explore awareness and attitudes toward a full range of local issues, including perceptions of overall quality of life; the performance of city government generally and of specific city departments, employees, and services; the management of public funds; how to enhance the public's trust in local government; the quality of city infrastructure; and any other important topics facing the city.

FM3’s past clients for these services include the California municipalities of:

Agoura Hills
Anaheim
Bellflower*1
Burbank
Camarillo
Capitola*
Carson*
Citrus Heights
Concord
Coronado*
Chico
Dana Point*
Del Mar
Dublin*
El Monte
Fairfield
Folsom
Fremont*
Grass Valley
Hawaiian
Gardens
Healdsburg
Hemet
Hercules
Huntington
Beach
Irvine
La Habra
Lakewood*
Larkspur
Lomita
Long Beach*
Los Angeles
Manhattan
Beach
Millbrae
Milpitas
Modesto*
Moreno
Valley
Ontario*
Oakland*
Palo Alto
Pasadena*
Pleasanton*
Rancho
Cordova
Rancho Palos
Verdes
Rancho Santa
Margarita
Redondo
Beach
San
Francisco*
San Jose*
San Juan
Capistrano
San Luis
Obispo
San Ramon*
Santa
Barbara*
Santa
Monica*
Saratoga
Signal Hill
Southgate
Stanton*
Sunnyvale
Torrance*
Vallejo
Ventura
West
Hollywood*
In addition to our work with local governments conducting resident community surveys, FM3 is a leading provider of research for successful public finance ballot measures for cities (and counties and special districts) throughout California. We have provided research and strategic advice for over 600 local finance measures dealing with issues relating to public safety, infrastructure, transportation, parks and open space, utilities, libraries, education, health care, and social services for cities, counties, school districts, and other local and state service providers. In each ballot measure survey, FM3 includes questions to gauge the context of the election, including impressions on quality of life, issue concerns, government performance, and priorities for city improvements. This experience has and will continue to further our understanding of the drivers and barriers to resident satisfaction that informs our research on resident community surveys.

We have worked with some cities over many years, tracking changes over time to questions asked in each year’s research, as well as modifying past survey instruments to include questions that are more pertinent to the time.

FM3 also compares findings to other data, including from national studies and other cities, where comparison is illustrative. Our vast library of research allows us to examine budget priorities, satisfaction ratings and other 1 * Denotes agencies for whom FM3 has conducted two or more constituent satisfaction surveys. 347
12100 Wilshire Boulevard, Suite 350 | Los Angeles, CA 90025 Phone: (310) 828-1183 | Fax: (310) 453-6562
1999 Harrison St., Suite 2020 | Oakland, CA 94612
Phone: (510) 451-9521 | Fax: (510) 451-0384

resident opinions and compare them with similar communities. These comparisons can be particularly valuable when making policy decisions and studying the decisions made in other jurisdictions on similar issues.

Our city-related research is designed to produce actionable outcomes for clients which include quantitative measurements of current city performance, satisfaction with direct customer service, public support for policies under consideration, and residents’ budgetary priorities, as well as a comprehensive analysis of how each of these have evolved over time.

Research Specifications
For this project, FM3 recommends conducting a 20-minute dual-mode (telephone and online) survey among a random sample of likely November 2024 voters within your community. There are approximately 73,320 registered voters in the city who are likely to vote in the November 2024 General Election. Given the size of the population of interest and the fact that the City would like to comparatively explore the viability of three different revenue enhancement measures (sales tax, transient occupancy tax, utility user tax), FM3 recommends a sample size of 900.

The margin of error (at the 95% confidence level) for a sample size of 900 is ±3.3%. This means that, in 95 out of 100 cases, the outcome on election day will be within ±3.3% of what our survey data suggested it would be. Since the City would like to treat each measure equally, we would recommend that three random subsamples (each comprising one-third of the total sample) be asked a series of questions associated with one of the three respective ballot measures. The result is that each measure will be comparatively evaluated with a margin of error of ±5.7%.

Given the size of the city’s Latino population (approximately 26% of likely November 2024 voters), we recommend conducting online and telephone interviews in both English and Spanish. Furthermore, given the fact that approximately four percent of the city’s likely November 2024 General Election voters are Vietnamese, we would recommend that the survey is offered on the telephone in Vietnamese as well.

We recommend utilizing three different contact methods (emails, text messages and telephone calls) to provide an array of ways for potential respondents to participate in the survey. Providing multiple forms of contact also helps us engage historically disadvantaged communities that may not have adequate broadband access and/or access to computers or smart phones. Additionally, different demographic groups often have varying communication preferences—some may be more likely to answer a phone call than open an email or text message, and vice versa.

Description of Methodology
The research process will begin with an initial kickoff meeting between FM3 and your project team. This meeting will provide an opportunity for an extensive review of relevant background information and context, as well as a detailed discussion of your objectives for the project.

In designing a survey questionnaire for your city, FM3 will draw from its knowledge of public opinion survey methodology; our comprehensive review of your city’s past survey research (including tracking past questions 348
12100 Wilshire Boulevard, Suite 350 | Los Angeles, CA 90025 Phone: (310) 828-1183 | Fax: (310) 453-6562
1999 Harrison St., Suite 2020 | Oakland, CA 94612
Phone: (510) 451-9521 | Fax: (510) 451-0384

when appropriate); your current and future objectives and needs; and our own vast library of research on budgetary priority surveys. We will proceed through several drafts, incorporating feedback from your team before each revision, to develop a research instrument that will successfully obtain all the desired information.

FM3 will then pull a random list of voters from the voter file.

Because subsets of the sample will be invited to take the survey online, FM3 will also create initial drafts of emails, and text invitations for your review. All invitations will be tied to a specific address so that only one respondent per address can participate. Based upon the final sample specifications, FM3 will set a target number of interviews to be completed online.

Within several days of the initial invitation distribution, we will examine the demographic and geographic characteristics of the online completes and then begin conducting telephone interviews to balance out the sample and target underrepresented subgroups. Additionally, we will send out a number of text invitations to help reach the overall target number of online completes and complement the other contact methods.

Once the survey is complete, FM3 will generate a report of the survey results in a PowerPoint presentation, including summaries of key findings.

Upon conclusion of the survey project, the City will have received from FM3 each of the documents listed below.

All documents can be provided in hard copy or electronic form (or both), depending on your preference.  Final survey questionnaire
 PowerPoint presentation (including key findings, results, conclusions, and actionable recommendations)  Presentations of results to staff, councilmembers, or other stakeholders (in person if desired) Finally, after FM3’s final deliverables have been completed, we will remain available to answer follow-up questions and to present results to additional key stakeholders. We view the responses to the survey as an ongoing data resource; if needed, FM3 can conduct further analysis to provide answers to any follow-up questions that may arise.

PROPOSED SUMMARY OF RESEARCH SCOPE AND ESTIMATED COSTS
Research
Methodology
Dual-mode, telephone and online survey, with contact of respondents by telephone (cell phones and landlines), email invitations and text message invitations Survey Universe Likely November 2024 Voters in the City of Orange Sample Size 900 respondents
Margin of
Sampling Error
±3.3 percent in 95 out of 100 cases for a sample of 900 respondents ±4.5 percent in 95 out of 100 cases for a sample of 450 respondents ±5.7 percent in 95 out of 100 cases for a sample of 300 respondents 349
12100 Wilshire Boulevard, Suite 350 | Los Angeles, CA 90025 Phone: (310) 828-1183 | Fax: (310) 453-6562
1999 Harrison St., Suite 2020 | Oakland, CA 94612
Phone: (510) 451-9521 | Fax: (510) 451-0384

Questionnaire
Length
20-minute survey, featuring between 55 and 70 unique questions (including battery question items and demographic questions)
Languages Based on an analysis of likely voters, we recommend English, Spanish and Vietnamese telephone interviews; online interviews in English and Spanish only.

Deliverables Following the completion of the survey, FM3 will provide:
 A survey questionnaire for easy reference
 An analysis of survey results in PowerPoint report
 A presentation of the survey results, if requested
FM3 will also be available for ongoing consultation and any further analysis of the research.

Cost FM3 is prepared to conduct the survey for a not to exceed cost of$65,750.

This cost is comprehensive, and includes questionnaire design, sample acquisition and preparation, programming, email and text message invitations, online survey hosting in English and Spanish, telephone interviewing in English, Spanish and Vietnamese, data entry and analysis, and reporting.

We are excited to work together on this project. If you have any questions or if there is any further information we can provide, please do not hesitate to contact us. Thank you for your consideration and you may reach us as follows:

Richard Bernard
Fairbank, Maslin, Maullin, Metz & Associates (FM3)
(310) 428-1809 (Cell)
[email protected]
Adam Sonenshein
Fairbank, Maslin, Maullin, Metz & Associates (FM3)
(310) 569-3653 (Cell)
[email protected]
350
Agenda Item
City Council
Item #: 9.1. 10/24/2023 File #: 23-0674
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Russell Bunim, Community Development Director

1. SUBJECT
Public hearing to consider Introduction and First Reading of Ordinance No. 15-23 amending Titles 16 and 17 of the Orange Municipal Code to enact definitions and development standards applicable to lot splits and second dwelling units in single-family residential zones as a result of Senate Bill 9 and finding of CEQA exemption.

2. SUMMARY
Senate Bill 9 (SB 9), effective January 1, 2022, regulates development of single-family zoned (R1) property by allowing both the splitting of single-family (R1) zoned property into two lots (often referred to as “urban lot split”) and two single-family residences on each single-family zoned lot (“often referred to as “secondunit development”).The proposed Ordinance provides appropriate regulation and standards consistent with SB 9.

3. RECOMMENDED ACTION
Introduce and conduct First Reading of Ordinance No. 15-23. An Ordinance of the City Council of the City of Orange amending Title 16 (Subdivisions) and Title 17 (Zoning) of the Orange Municipal Code by enacting ministerial standards applicable to lot splits in single-family residential zones allowed as a result of SB 9, enacting ministerial standards applicable to the location, access, size and setback of second dwelling units in single-family residential zones allowed as a result of SB 9, and adding and revising definitions to clarify said development standards.

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
The proposed Ordinance has been prepared in an effort to implement SB 9 which became effective on January 1, 2022, and requires cities to approve, as a ministerial action and without discretionary review, certain lot splits in R1 zones, and certain applications to add a second dwelling unit on a City of Orange Printed on 10/19/2023Page 1 of 4
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review, certain lot splits in R1 zones, and certain applications to add a second dwelling unit on a single-family lot. In summary, SB 9 only applies in single-family residential zones and allows urban lot splits and second unit development ministerially. The law also contains certain limitations on the creation of units under SB 9, such as prohibiting the use of SB 9 on historic sites or in historic districts, short-term rentals, and alteration or demolition of rent-controlled housing (for example). It also provides that only objective zoning standards, subdivision standards and design standards can be applied, and such standards cannot preclude development of two units of eight hundred (800) square feet.

As background, on December 14, 2021, the City Council adopted interim Ordinance No. 18-21, which addressed the immediate threat to the public health, safety and welfare caused by the ability to split R1 lots and add second units to R1 lots. The interim ordinance provided procedures for evaluating applications for lot splits and additional residential units, established objective development standards for lot splits and additional residential units, and revised definitions relating thereto. The Ordinance was extended by the City Council on November 15, 2022, (under Interim Ordinance 18- 21B) and now expires on December 13, 2023. The Ordinance is not eligible for additional extensions. Hence, a permanent ordinance is necessary.

Interim Ordinance No. 18-21 and 18-21B set into place allowable development standards permitted by SB 9 with the goal to establish preliminary standards for any SB 9 development applications that would follow. Both the interim and proposed permanent ordinance reiterate important components of SB 9 and, where appropriate, provide standards and/or regulations in areas not addressed and not prohibited by SB 9. Detailed information about the interim Ordinance and permanent Ordinance is contained in Attachments 6, 8, and 11.

In addition, it should be noted that staff will adhere to the State Department of Housing and Community Development ADU guidance on the ADU and SB 9 statutes in assessing ADUs and JADUs associated with SB 9 developments. SB9 provides that a city is not required to permit ADUs and JADUs when a lot is both created by an SB 9 lot split and developed with a SB 9 two-unit development. Otherwise, ADUs, as a “unit”are allowed. Generally, no more than 4 units total could be constructed on single-family lots.

Both the interim, and proposed Ordinance, contain the following provisions consistent with SB 9:
· Establishes Community Development Director approval authority; · Establishes ministerial approval criteria in the Subdivision Ordinance; · Clarifies existing definitions and adds definitions;
· Clarifies ministerial approval for SB 9 projects in the specific administrative procedures section of the Zoning Code;
· Adds SB 9 units as a permitted use to the Land Use Matrix (Table 17.13.030) · Establishes denial and condition criteria pursuant to SB 9 in the Zoning Code;, including prohibiting SB 9 development in the Old Towne and Eichler districts · Establishes objective design standards for SB 9 units; · Facilitates allowance for the minimum 800 square feet unit size; City of Orange Printed on 10/19/2023Page 2 of 4
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· Establishes development standards consistent with SB 9; · Establishes parking standards consistent with SB 9;
· Addresses nonconformities for SB 9 lot splits
The proposed Ordinance also contains some additional clarifications and additions, consistent with SB 9:
· Deletes references to accessory dwelling units (ADUs) and Junior Accessory Dwelling Units (JADUs) specifically and provides references to units more generally. · Adds language that certain SB 9 units may not be conveyed separately, including via condominium maps, for development within a lot resulting from an urban lot split and for second unit developments.
· Text clarifies that 4 units is generally the maximum number that may occur pursuant to SB 9.

A greater summary of ordinance regulations is provided in the attached December 14, 2021 City Council staff report (Attachment 8) but is superseded by the changes specified within this staff report.

The full extent of Orange Municipal Code changes can be viewed in Redlined Ordinance 15-23 (Attachment 2) and the SB 9 Ordinance (Attachment 1). A Summary Chart of SB 9 Provisions and SB 9 State Law are provided in Attachments 14 and 15.

At their October 2, 2023, Planning Commission meeting, the Planning Commission voted 6:0, with one member absent, to recommend that the City Council approve Ordinance No. 15-23.

7. ENVIRONMENTAL REVIEW
Statutory Exemption: As stated in the California Department of Housing and Community Development SB 9 Fact Sheet: “…the preparation and adoption of the ordinance is not considered a project under CEQA. In other words, the preparation and adoption of the ordinance is statutorily exempt from CEQA.” The subject Ordinance is exempt from the provisions of the California Environmental Quality Act (CEQA) per State CEQA Guidelines 15060(c)(2), 15060(c)(3) and 15061 (b)(3) because it will not result in a direct or reasonably foreseeable indirect physical change in the environment, because there is no possibility it will have a significant effect on the environment, and it is not a "project", as defined in Section 15378 of the State CEQA Guidelines. In the unlikely event the Ordinance would constitute a project under CEQA, it is exempt from the provisions of CEQA per State CEQA Guideline 15321 (Class 21, Enforcement Actions by Regulatory Agencies) because it is an action taken by the City as a regulatory agency, as authorized by local ordinance, to regulate as authorized by SB 9, the processing of lot splits and applications for construction of second dwelling units in single-family residential zones in order to prevent a public nuisance. As such, no further analysis is warranted or required.

8. ATTACHMENTS
City of Orange Printed on 10/19/2023Page 3 of 4
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· Attachment 1 - Ordinance No. 15-23
· Attachment 2 - Ordinance No. 15-23 Redline Version
· Attachment 3 - Planning Commission Resolution No. 13-23 (unsigned) · Attachment 4 - October 2, 2023 Planning Commission Staff Report · Attachment 5 - October 2, 2023 Planning Commission Draft Meeting Minutes · Attachment 6 - September 7, 2023 Planning Commission Staff Report · Attachment 7 - September 7, 2023 Planning Commission Minutes · Attachment 8 - December 14, 2021 City Council Staff Report · Attachment 9 - Interim Ordinance No. 18-21
· Attachment 10 - December 14, 2021 City Council Minutes · Attachment 11 - November 15, 2022 City Council Staff Report · Attachment 12 - Interim Ordinance No. 18-21-B
· Attachment 13 - November 15, 2022 City Council Minutes · Attachment 14 - Summary Chart of SB 9 Provisions
· Attachment 15 - SB 9 State Law
· Attachment 16 - ½ Mile Buffer of Bus Stops Map
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Agenda Item
City Council
Item #: 9.1. 10/24/2023 File #: 23-0674
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Russell Bunim, Community Development Director

1. SUBJECT
Public hearing to consider Introduction and First Reading of Ordinance No. 15-23 amending Titles 16 and 17 of the Orange Municipal Code to enact definitions and development standards applicable to lot splits and second dwelling units in single-family residential zones as a result of Senate Bill 9 and finding of CEQA exemption.

2. SUMMARY
Senate Bill 9 (SB 9), effective January 1, 2022, regulates development of single-family zoned (R1) property by allowing both the splitting of single-family (R1) zoned property into two lots (often referred to as “urban lot split”) and two single-family residences on each single-family zoned lot (“often referred to as “secondunit development”).The proposed Ordinance provides appropriate regulation and standards consistent with SB 9.

3. RECOMMENDED ACTION
Introduce and conduct First Reading of Ordinance No. 15-23. An Ordinance of the City Council of the City of Orange amending Title 16 (Subdivisions) and Title 17 (Zoning) of the Orange Municipal Code by enacting ministerial standards applicable to lot splits in single-family residential zones allowed as a result of SB 9, enacting ministerial standards applicable to the location, access, size and setback of second dwelling units in single-family residential zones allowed as a result of SB 9, and adding and revising definitions to clarify said development standards.

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
The proposed Ordinance has been prepared in an effort to implement SB 9 which became effective on January 1, 2022, and requires cities to approve, as a ministerial action and without discretionary review, certain lot splits in R1 zones, and certain applications to add a second dwelling unit on a City of Orange Printed on 10/19/2023Page 1 of 4
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review, certain lot splits in R1 zones, and certain applications to add a second dwelling unit on a single-family lot. In summary, SB 9 only applies in single-family residential zones and allows urban lot splits and second unit development ministerially. The law also contains certain limitations on the creation of units under SB 9, such as prohibiting the use of SB 9 on historic sites or in historic districts, short-term rentals, and alteration or demolition of rent-controlled housing (for example). It also provides that only objective zoning standards, subdivision standards and design standards can be applied, and such standards cannot preclude development of two units of eight hundred (800) square feet.

As background, on December 14, 2021, the City Council adopted interim Ordinance No. 18-21, which addressed the immediate threat to the public health, safety and welfare caused by the ability to split R1 lots and add second units to R1 lots. The interim ordinance provided procedures for evaluating applications for lot splits and additional residential units, established objective development standards for lot splits and additional residential units, and revised definitions relating thereto. The Ordinance was extended by the City Council on November 15, 2022, (under Interim Ordinance 18- 21B) and now expires on December 13, 2023. The Ordinance is not eligible for additional extensions. Hence, a permanent ordinance is necessary.

Interim Ordinance No. 18-21 and 18-21B set into place allowable development standards permitted by SB 9 with the goal to establish preliminary standards for any SB 9 development applications that would follow. Both the interim and proposed permanent ordinance reiterate important components of SB 9 and, where appropriate, provide standards and/or regulations in areas not addressed and not prohibited by SB 9. Detailed information about the interim Ordinance and permanent Ordinance is contained in Attachments 6, 8, and 11.

In addition, it should be noted that staff will adhere to the State Department of Housing and Community Development ADU guidance on the ADU and SB 9 statutes in assessing ADUs and JADUs associated with SB 9 developments. SB9 provides that a city is not required to permit ADUs and JADUs when a lot is both created by an SB 9 lot split and developed with a SB 9 two-unit development. Otherwise, ADUs, as a “unit”are allowed. Generally, no more than 4 units total could be constructed on single-family lots.

Both the interim, and proposed Ordinance, contain the following provisions consistent with SB 9:
· Establishes Community Development Director approval authority; · Establishes ministerial approval criteria in the Subdivision Ordinance; · Clarifies existing definitions and adds definitions;
· Clarifies ministerial approval for SB 9 projects in the specific administrative procedures section of the Zoning Code;
· Adds SB 9 units as a permitted use to the Land Use Matrix (Table 17.13.030) · Establishes denial and condition criteria pursuant to SB 9 in the Zoning Code;, including prohibiting SB 9 development in the Old Towne and Eichler districts · Establishes objective design standards for SB 9 units; · Facilitates allowance for the minimum 800 square feet unit size; City of Orange Printed on 10/19/2023Page 2 of 4
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· Establishes development standards consistent with SB 9; · Establishes parking standards consistent with SB 9;
· Addresses nonconformities for SB 9 lot splits
The proposed Ordinance also contains some additional clarifications and additions, consistent with SB 9:
· Deletes references to accessory dwelling units (ADUs) and Junior Accessory Dwelling Units (JADUs) specifically and provides references to units more generally. · Adds language that certain SB 9 units may not be conveyed separately, including via condominium maps, for development within a lot resulting from an urban lot split and for second unit developments.
· Text clarifies that 4 units is generally the maximum number that may occur pursuant to SB 9.

A greater summary of ordinance regulations is provided in the attached December 14, 2021 City Council staff report (Attachment 8) but is superseded by the changes specified within this staff report.

The full extent of Orange Municipal Code changes can be viewed in Redlined Ordinance 15-23 (Attachment 2) and the SB 9 Ordinance (Attachment 1). A Summary Chart of SB 9 Provisions and SB 9 State Law are provided in Attachments 14 and 15.

At their October 2, 2023, Planning Commission meeting, the Planning Commission voted 6:0, with one member absent, to recommend that the City Council approve Ordinance No. 15-23.

7. ENVIRONMENTAL REVIEW
Statutory Exemption: As stated in the California Department of Housing and Community Development SB 9 Fact Sheet: “…the preparation and adoption of the ordinance is not considered a project under CEQA. In other words, the preparation and adoption of the ordinance is statutorily exempt from CEQA.” The subject Ordinance is exempt from the provisions of the California Environmental Quality Act (CEQA) per State CEQA Guidelines 15060(c)(2), 15060(c)(3) and 15061 (b)(3) because it will not result in a direct or reasonably foreseeable indirect physical change in the environment, because there is no possibility it will have a significant effect on the environment, and it is not a "project", as defined in Section 15378 of the State CEQA Guidelines. In the unlikely event the Ordinance would constitute a project under CEQA, it is exempt from the provisions of CEQA per State CEQA Guideline 15321 (Class 21, Enforcement Actions by Regulatory Agencies) because it is an action taken by the City as a regulatory agency, as authorized by local ordinance, to regulate as authorized by SB 9, the processing of lot splits and applications for construction of second dwelling units in single-family residential zones in order to prevent a public nuisance. As such, no further analysis is warranted or required.

8. ATTACHMENTS
City of Orange Printed on 10/19/2023Page 3 of 4
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· Attachment 1 - Ordinance No. 15-23
· Attachment 2 - Ordinance No. 15-23 Redline Version
· Attachment 3 - Planning Commission Resolution No. 13-23 (unsigned) · Attachment 4 - October 2, 2023 Planning Commission Staff Report · Attachment 5 - October 2, 2023 Planning Commission Draft Meeting Minutes · Attachment 6 - September 7, 2023 Planning Commission Staff Report · Attachment 7 - September 7, 2023 Planning Commission Minutes · Attachment 8 - December 14, 2021 City Council Staff Report · Attachment 9 - Interim Ordinance No. 18-21
· Attachment 10 - December 14, 2021 City Council Minutes · Attachment 11 - November 15, 2022 City Council Staff Report · Attachment 12 - Interim Ordinance No. 18-21-B
· Attachment 13 - November 15, 2022 City Council Minutes · Attachment 14 - Summary Chart of SB 9 Provisions
· Attachment 15 - SB 9 State Law
· Attachment 16 - ½ Mile Buffer of Bus Stops Map
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ORDINANCE NO. 15-23

AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF ORANGE AMENDING TITLE 16
(SUBDIVISIONS) AND TITLE 17 (ZONING) OF THE

ORANGE MUNICIPAL CODE BY ENACTING

MINISTERIAL STANDARDS APPLICABLE TO LOT

SPLITS IN SINGLE -FAMILY RESIDENTIAL ZONES
ALLOWED AS A RESULT OF SB 9, ENACTING

MINISTERIAL STANDARDS APPLICABLE TO THE

LOCATION, ACCESS, SIZE AND SETBACK OF

SECOND DWELLING UNITS IN SINGLE -FAMILY

RESIDENTIAL ZONES ALLOWED AS A RESULT OF
SB 9, AND ADDING AND REVISING DEFINITIONS
TO CLARIFY SAID DEVELOPMENT STANDARDS.

WHEREAS, the Governor of the State of California signed into law legislation (“SB 9”), effective January 1, 2022, which generally requires the City to ministerially approve certain applications for a lot split on a single -family residentially -zoned proper ty, which allows the creation of two half-sized lots where previously there was one lot; and

WHEREAS, SB 9 also generally requires the City to ministerially approve certain applications to build a second unit on a single -family residentially-zoned property, which allows two residential dwellings on a single -family (R -1) lot where there was previously only one dwelling permitted; and

WHEREAS, the single -family residential (R -1) zones in the City, which include neighborhoods with lots ranging from 6,000 to 20,000 square feet, one acre, and one -and-a-half acres and up, were thoughtfully planned based on the goals of the General Plan of the City, the quality of life in single -family residential neighborhoods, the public safety resources, the utility and transportation infrastructure, City recreational resources, including parks and libraries, school district considerations, and many other elements associated with sound and established planning practices; and

WHEREAS, the City’s Zoning Code and General Plan also designate numerous duplex and multi-family residential zones allowing higher density housing opportunities, that were also carefully planned to ensure a high quality of life in multi-family residential neighborhoods, access to public safety resources, an efficient utility and transportation infrastructure, and an appropriate level of City recreational, park and library resources; and

WHEREAS, SB 9 allows the City to impose certain objective requirements regulating said applications to split and/or to build additional residential units on a single -family residentially- zoned property; and

WHEREAS, on December 14, 2021, the City Council adopted interim Ordinance No. 18- 21, imposing development standards on lot split and second dwelling unit development projects 359
2 submitted pursuant to SB 9, which Ordinance was effective for forty-five days; and on January 11, 2022, the City Council extende d interim Ordinance No. 18 -21 for an additional ten months and fifteen days, until December 13, 2022; and

WHEREAS, on November 15, 2022, the City Council extended interim Ordinance No. 18-21 with the adoption of interim Ordinance 18-21-B, continuing the imposition of development standards on lot split and second dwelling unit development projects submitted pursuant to SB 9, for an additional year, until December 13, 2023; and

WHEREAS, pursuant to Government Code Section 65858(a), no further extension of the interim Ordinance imposing development standards on lot split and second dwelling unit development projects submitted pursuant to SB 9, is available; and

WHEREAS, on October 2, 2023 , at a regularly scheduled public hearing noticed in accordance with Government Code Section 65090, the Planning Commission of the City of Orange recommended by a vote of 6 to 0 that the City Council of the City of Orange adopt Ordinance No. 15-23 imposing development standards on lot split and second dwelling unit development projects submitted pursuant to SB 9; and

WHEREAS, notice of a City Council of the City of Orange public hearing on the subject matter was published in a newspaper of general circulation in accordance with Government Code Section 65090; and

WHEREAS, the City Council of the City of Orange public hearing was held on October 24, 2023, to consider Ordinance No. 15-23; and

WHEREAS, this Ordinance has been reviewed for compliance with the California Environmental Quality Act (CEQA), the CEQA Guidelines, and the City’s environmental procedures, and has been found to be exempt, consistent with the findings in Section X XI of this Ordinance; and

WHEREAS, the City Council having considered the proposed revisions to the Orange Municipal Code (OMC) at a public hearing held on October 24, 2023, including review of the staff report, and having received public testimony on the item, therefore determine that Ordinance No. 15-23 incorporates reasonable development standards for lot spl it and second dwelling unit development projects submitted pursuant to SB 9, and the Ordinance would promote orderly development in the City necessary for the preservation of the public peace, health, safety and welfare of the community; and

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ORANGE DOES HEREBY ORDAIN AS FOLLOWS:

SECTION I:

That the recitals and findings contained herein are true and correct, incorporated herein, and with the public record, form the basis for the extension of this interim Ordinance.

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3 SECTION II:

Section 16.08.010 .E of the Orange Municipal Code, “Subdivisions – Maps – General Provisions,” is hereby amended to read as follows:

E. The advisory agency with the power of final approval over the tentative parcel map, shall thereupon make a finding that the proposed division of land complies with all requirements of the Subdivision Map Act or this title, and all other resolutions and ordinances of this City, including, but not limited to, requirements concerning area, improvements and design, floodwater drainage control, appropriate improved public roads, sanitary disposal facilities, water supply availability, public safety facilities and environmental protection. For parcel maps submitted pursuant to SB 9, the Community Development Director shall approve or deny the application for a parcel map for an urban lot split ministerially without discretionary review.

SECTION III:

The title of Section 16.12.030 of the Orange Municipal Code, “Subdivisions – Procedure – Tentative Parcel Map – Staff Review Committee A pproval,” is hereby amended to read as follows:

16.12.030 Tentative Parcel Map — Approval or Denial.

SECTION IV:

Section 16.12.030 of the Orange Municipal Code, “Subdivisions – Procedure – Tentative Parcel Map –Approval or Denial,” is hereby amended to add the following:

E. The Community Development Director shall have authority to approve all parcel map applications for an urban lot split proposed in a single-family residential zone, pursuant to SB

9. Approval shall be a ministerial action without discretionary review.

1. For approval of a parcel map , the Community Development Director shall find the following:

a. The parcel map subdivides an existing parcel to create no more than two (2) new parcels of approximately equal lot area provided that one parcel shall not be smaller than 40 percent of the lot area of the original parcel proposed for subdivision.

b. Both newly created parcels are no smaller than 1,200 square feet.

c. The parcel being subdivided meets all the following requirements:

i. The parcel is located within a single-family residential zone.

ii. The parcel meets all requirements of Section

17.13.040.GGG.1.

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4 iii. The parcel has not been established through prior exercise of an urban lot split as provided for in SB 9.

iv. Neither the owner of the parcel being subdivided nor any person acting in concert with the owner has previously subdivided an adjacent parcel using an urban lot split as provided for in SB 9.

v. The parcel map conforms to all applicable objective
requirements of the Subdivision Map Act (commencing with Section 66410), except as otherwise expressly provided in SB 9.

d. In furtherance of the intent of SB 9 to create dwelling units, plans for units on a lot undergoing a parcel map application shall have received approval through the building permit plan check process and be ready for building permit issuance concurrently with final parcel map approval.

2. The Community Development Director shall place the following conditions on approval of the parcel map, as appropriate:

a. A requirement for e asements for the provision of public safety services and facilities.

b. A requirement that the parcels have access to, provide access to, or adjoin the public right-of-way.

c. A requirement for off-street parking pursuant to the single-family residence parking requirement specified in Table 17.34.060.A , except as otherwise expressly provided under SB 9.

d. A requirement that the uses allowed on the lots be limited to residential uses.

3. The City shall not require dedications of rights-of-way or the construction of offsite improvements for the parcels being created as a condition of issuing a parcel map.

4. The authority for denial of a parcel map submitted pursuant to SB 9 is the building official. For denial of a parcel map the building official shall make a written finding, based upon a preponderance of the evidence, that the proposed housing development project would have a specific, adverse impact, as defined and determined in Government Code Section 65589.5(d)(2), upon public health and safety or the physical environment, for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact.

SECTION V:

Section 16.1 6.020 of the Orange Municipal Code, “Subdivisions – Requirements- Dedications-Fees – Street, Alley and Easement Dedications ,” is hereby amended to add the following:

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5 E. The City shall not require dedications of rights-of-way or the construction of offsite improvements for parcels created pursuant to SB 9. Easements for public safety services and facilities for such parcels may be required by the Community Development Director.

SECTION VI:

Section 16.16.170 of the Orange Municipal Code, “Subdivisions – Requirements- Dedications-Fees – Soils Report Required,” is hereby amended to add the following:

D. For parcel maps submitted pursuant to SB 9, with residential units connected to an onsite wastewater treatment system, the applicant may submit a percolation test completed within the last five (5) years, or, if the percolation test has been recertified, within the last ten (10) years.

SECTION VII:

Section 17.04.021 of the Orange Municipal Code, “Zoning – Definitions – “B” Definitions,” is hereby amended 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. For planning development standards purposes, not to be confused with any building code standards, a room may be deemed not a bedroom if a floor to ceiling horizontal distance of at least 7 feet remains open and without any type of door and no closet exists.

SECTION VIII:

Section 17.04.023 of the Orange Municipal Code, “ Zoning – Definitions – “D” Definitions,” is hereby amended to read as follows:

“Duplex or duplex residential” - An attached or detached building containing two dwelling units wherein the occupants of each individual dwelling unit are living and functioning together as a single housekeeping unit, meaning that they have established ties and familiarity with each other, jointly use common areas, interact with each other, share mea ls, household activities, expenses and responsibilities, membership in the single housekeeping unit is fairly stable as opposed to transient, and members have some control over who becomes a member of the single housekeeping unit. A property designated Du plex Residential is neither a single -family nor a multi -family property.

SECTION IX:

Section 17.04.025 of the Orange Municipal Code, “Zoning – Definitions – “F” Definitions,” is hereby amended to read as follows:

“Floor area ratio” (F.A.R. or FAR) - The building square footage divided by lot area.

Building square footage shall include all structures on a lot, including garages and accessory 363
6 structures, unless otherwise provided in this Code. Parking structures and patio covers open on at least two sides shall not be included in the calculation of F.A.R. F.A.R. shall not include ADUs but ADUs shall count against future primary building additions and future accessory structures.

SECTION X:

Section 17.04.031 of the Orange Municipal Code, “Zoning – Definitions – “L” Definitions,” is hereby amended to read as follows:

LOT LINE, FRONT - In the case of an interior lot, the line dividing the lot from the street.

In the case of a corner lot or through lot, the shorter lot line abutting a street shall be deemed the front lot line and the longer lot line abutting a street shall be deemed an exterior side, unless determined otherwise by the Zoning Administrator. In the case of a through lot or a corner lot whose exterior lot lines are the same length, the l ot line where the principal access to the lot is provided shall be deemed to be the front lot line. In the case of an interior lot, w hen the lot line abutting a street is curved, the front lot line follows the curve; for corner lots, separation of lines occurs at the middle of the curve. For a flag lot, the front lot line is the shortest lot line adjoining the pole portion of the lot including the width of the pole as shown in the figure that follows.

SECTION XI:

Section 17.04.038 of the Orange Municipal Code, “Zoning – Definitions – “S” Definitions,” is hereby amended to read as follows:

“Story, half” - One half-story as opposed to full story buildings are structures in which the top floor area is within the established roof line, and room heights within the half -story space conform to the California Building Code regulations for “habitable” space. The building has two floors of habitable rooms but appears as a one story structure from an architectural standpoint. The half-story may contain dormers. Within the Old Towne or established Historic District, the habitable space for the expansion of existing half -story structures and/or the new construction of half-story structures, including any dormers, shed roofs, and unfinished areas, shall not exceed sixty (60) percent of the gross floor area of the floor below.

“Story, habitable” - A story maintaining room heights conforming to the California Building Code regulations for “habitable” space. Height -qualifying habitable stories shall be considered a story regardless of interior finish status. 364
7 SECTION XII:

Section 17.10.060.D.1.b of the Orange Municipal Code, “Zoning – Specific Administrative Procedures – Site Plan Review – Minor Site Plan Review - Criteria,” is hereby amended to read as follows:

b. Construction of six (6) or fewer residential units on a single parcel, when only one parcel is being developed. Units constructed in single -family (R -1) districts pursuant to SB 9 shall not require site plan review under this section.

SECTION XIII:

Section 17.10.060.D.1.f of the Orange Municipal Code, “Zoning – Specific Administrative Procedures – Site Plan Review – Minor Site Plan Review - Criteria,” is hereby amended to read as follows:

f. Creation of lots or building sites with no direct access to a public street except for those units with access easements created to accommodate the construction of units pursuant to SB 9.

SECTION XIV:

Section 17.10.070.B.7 of the Orange Municipal Code, “Zoning – Specific Administrative Procedures – Design Review – When Design Review is Required - Exception,” is hereby added to read as follows:

7. Exception. Units created in a single-family (R-1) residential zone pursuant to SB 9 shall not require design review but shall instead meet all objective design review standards specified in Section 17.13.040.GGG and Chapter 17.14.

SECTION XV:

Table 17.1 3.030 of the Orange Municipal Code, “ Zoning – Master Land Use Table – Permitted Uses,” is hereby amended to add the following:

[See next page]

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8 Table 17.13.030 Permitted Uses.

ZONING

RESIDENTIAL

COMMERCIAL

MIXED USE

INDUSTRIAL

AGRICULTURAL

OPEN SPACE

PI

OVERLAY
SAND &
GRAVEL
LAND
USE
R1-5
R1-6
to
R-15
R1-20 to
R-140 &
R1-R
R2-6 to
R2-8
R-3
R-4
MH
OP
CP/C1
CTR
C2
C3
CR
OTMU-15S
OTMU-15
OTMU-24
NMU-24
UMU
M1
M2
A1
RO
SH
PI
FP-1
FP-2
SG
Housing—Includes all structures permitted as living quarters whether they be for short or long-term occupancy. Includes all uses identified in California Building Code definitions that are preceded with main entry words (key terms) that include one of the following: Dwelling, unit, house, housing, congregate, residence, multifamily, dormitory, home(s), hotel, motel, residential care facility, residential facility, or lodging.

Single-
family
dwelling
P* P P P P P - P - - - - - P* P* P* - - - - P - - - - - - Single-
family
dwelling
created
pursuant
to SB 9
P* P* P* - - - - - - - - - - - - - - - - - - - - - - - -

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9 SECTION XVI:

Section 17.13.040 of the Orange Municipal Code, “ Zoning – Master Land Use Table – Special Use Regulations,” is hereby amended to add the following:

GGG. Single-family Dwelling Created Pursuant to SB 9.

1. Approval shall be subject to the proposed housing development meeting all the requirements of SB 9 which include:

a. The parcel is not located on a site specified in subparagraphs (B) to (K), inclusive, of Government Code Section 65913.4(a)(6) as summarized below:

i. Prime farmland, farmland or statewide importance, or land that is zoned or designated for agricultural protection or preservation by the voters.

ii. A wetland

iii. Within a very high fire hazard severity zone, unless the site complies with all fire-hazard mitigation required by existing building standards.

iv. A hazardous waste site that has cleared the site for residential use or residential mixed uses.

v. Within a delineated earthquake fault zone unless the development complies with applicable seismic protection building code standards.

vi. Within a 100 year flood hazard area, unless it has either:
(I) Been subject to a Letter of Map Revision prepared
by the Federal Emergency Management Agency and
issued to the local jurisdiction, or
(II) Meets Federal Emergency Management Agency
requirements necessary to meet minimum flood plain
management criteria of the National Flood Insurance
Program.

vii. Within a regulatory floodway unless the development has received a no-rise certification.

viii. Land identified for conservation in an adopted natural community conservation plan or other adopted natural resource protection plan.

ix. Habitat for protected species.

x. Land under conservation easement.
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10 b. The proposed housing development would not require demolition or alteration of any of the following types of housing:

i. Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income.

ii. Housing that has been occupied by a tenant in the last three (3) years.

c. The parcel subject to the proposed housing development is not a parcel on which an owner of residential real property has exercised the owner’s rights under Chapter 12.75 (commencing with Section 7060) of Division 7 of Title 1 to withdraw accommodations from rent or lease within 15 years before the date that the development proponent submits an application.

d. Notwithstanding any provision in the Orange Municipal Code to the contrary, the proposed housing development does not allow the demolition of more than 25 percent of the existing exterior structural walls, unless the site has not been occupied by a tenant in the last three (3) years.

e. The development is not located within a historic district or property included on the State Historic Resources Inventory, as defined in Section 5020.1 of the Public Resources Code, or within a site that is designated or listed as a city or county landmark or historic property or district pursuant to a city or county ordinance.

2. The proposed housing develo pment may be denied if the building official makes a written finding, based upon a preponderance of the evidence, that the proposed housing development project or urban lot split would have a specific, adverse impact, as defined and determined in Government Code Section 65589.5(d)(2), upon public health and safety or the physical environment, for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact.

3. The ministerial approval may include the conditions for a parcel map specified in section 16.12.030.E, if applicable.

4. All rental units shall be rented for a term longer than 30 days.

5. An applicant for a parcel map to create an urban lot split sh all sign an affidavit stating their intent to occupy one of the housing units as their principal residence for a minimum of three (3) years from the date of the approval of the urban lot split. Any “community land trust,” as defined in Revenue and Taxatio n Code Section 402.1(a)(11)(C)(ii), or a “qualified nonprofit corporation” as described in Revenue and Taxation Code Section 214.15, shall be exempt from the affidavit.

6. Separate conveyance of the resulting lots in an urban lot split is permitted. If dwellings or other structures (such as garages) on different lots are adjacent or attached to each other, the urban lot split boundary may separate them for conveyance purposes if the structures meet building code safety standards and are sufficient to all ow separate conveyance. Separate conveyance of units within a lot resulting from an urban lot split shall be subject to the following:
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11 a. Primary dwelling units within a lot that is created by an urban lot split may not be owned or conveyed separately from each other. b. Condominium airspace divisions and common interest
developments are not permitted within a lot that is created by an urban lot split.
c. All fee interest within a lo t and all dwellings on the lot must be held equally and undivided by all individual property owners.

7. Separate conveyance of units on an undivided lot is subject to the following :

a. Primary dwelling units on an undivided lot may not be owed or conveyed separately from each other.
b. Condominium airspace divisions and common interest
developments are not permitted within the undivided lot c. All fee interest in the undivided lot and all the dwellings on the undivided lot must be held equally and undivided by all individual property owners.

8. All development, design, and parcel map standards in this section and in Chapter

17.14 shall be a pplied to units created under SB 9, provided that at least an 800 square foot unit is allowed to be constructed.

9. The following objective design standards shall apply to all single-family dwellings created pursuant to SB 9 and to associated on -site improvements:

a. Units with identical building elevations and/or floor plans shall not be located on adjacent lots or directly across the street from each other.

b. Design elements and detailing shall be continued completely around the structure. Such design elements shall include window treatments, trim detailing, exterior wall materials, and color pallet. Firewalls are not exempt from the required design elements.

c. At least two (2) building materials shall be used on any building frontage (excluding roof and foundation) in addition to glazing and railings. Any one material shall comprise at least 20% of the building frontage.

d. At least two (2) exterior colors shall be used. Elements that count toward this requirement include cladding material, trim/accent colors, and visually significant colors for doors, and similar elements. Primary colors shall be used as accent colors only.

e. Trash receptacles locations shall be identified on project plans and shall demonstrate screen ing from public view via equivalent -height landscaping or a solid wall or fence.

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12 f. The main entry shall not be the garage door and shall be prominently placed on the elevation facing the street.

g. Linear streetscape appearance in the building facade shall be avoided by providing variations in horizontal plane in a minimum of 50% of the building front and street side elevations. Variations shall include indentations, recesses, or projections of two (2) feet or greater.

Vertical archit ectural elements (pilasters, columns, piers, other structural elements) shall vertically project a minimum of eight (8) feet in height and project a minimum of eight (8) inches from the building face.

h. Units shall include a minimum three (3) element( s) from the following list to add visual variety and interest to building facades and enhance the connection between public and private realms: eaves, cornices, trellises, overhangs, exposed structural elements such as rafters, recessed windows, columns, b ay windows. Other elements may be approved if they provide equivalent visual variety and interest.

i. Primary interior living spaces (bedroom and living areas) shall be offset a minimum eight (8) feet from a facing neighboring primary interior space o n the same story.

j. A minimum eight (8) feet shall be maintained between any primary interior living space (bedroom and living area) and an existing neighboring primary living space on the same story.

k. Trim surrounds shall be provided at all ext erior window and door openings. Trim shall be substantial, visible, and at least two (2) inches in depth.

l. Classical window proportions shall be provided such as 2:1, 3:2, or 4:3.

m. No building facade may extend in a continuous plane for more than 20 feet without a window, door, variation in horizontal plane, or vertical architectural element.

n. A minimum three (3) foot wide interior clear planter width landscaping shall be provided between the closest parallel property line to a driveway an d the subject property. For flag lots, the planter shall only be required adjacent to the property not part of the project. Within the planter area, landscaping shall be maintained at a height of no greater than 42 inches to allow for line of sight to pedestrians and motorists for vehicles exiting the driveway.

o. Driveways to required parking shall not be asphalt, shall be a minimum 12 feet in width, and shall be concrete, pavers, stone, brick, or similar material. No driveway shall be allowed for u nits that do not require an on -site covered parking space and are not electing to include covered parking. Controlled or restricted entrances to required or provided parking are prohibited.

SECTION XVII:

Section 17.14.060 of the Orange Municipal Code, “Zoning – Residential Districts – Reserved,” is hereby replaced with the following:
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13 17.14.060 - Units Created in a Single-family (R-1) Residential Zone Pursuant to SB 9.

The development standards specified in Section 17.13.040.GGG and Table 17.14.060 shall apply to dwelling units created under SB 9. In addition, the following shall apply:

A. In the event development standards physically preclude the construction of up to two (2) units or preclude either of the two (2) units from being at least 800 square feet in floor area, a minimum 800 square foot unit shall be allowed with code waivers chosen and authorized by the Community Development Director bas ed on prioritizing preservation of neighborhood character and privacy to adjacent properties. The Director may consider waivers such as, but not limited to:

1. Allowing half basement construction to facilitate two-story construction no greater than 16 feet tall.

2. Allowing a reduced front yard setback.

3. Reducing distancing from an existing structure on the original parcel.

B. Parking shall be provided as specified in Chapter 17.34

C. One (1) bedroom is allowed for each five hundred (500) sq uare foot increment of unit square feet. Increments are rounded up, e.g., a 1,001 square foot unit may have 3 bedrooms. Bedroom and bathroom square feet shall be limited to no greater than 63.5% of the total square feet of the unit.

Direct exterior access to bedrooms is prohibited, except for the largest bedroom.

D. All accessory structures, including garages, shall be subject to the provisions of Title 17, including but not limited to setbacks, floor area ratio, lot coverage, distancing from other structures, ratio of structures to dwelling, open space, and height.

Table 17.14.060

RESIDENTIAL DEVELOPMENT STANDARDS FOR UNITS CREATED IN A SINGLE- FAMILY (R-1) RESIDENTIAL ZONE PURSUANT TO SB 9

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14 Table 17.14.060
RESIDENTIAL DEVELOPMENT STANDARDS FOR UNITS CREATED IN A SINGLE-FAMILY (R-1) RESIDENTIAL ZONE PURSUANT TO SB 9
District Maximum
Units Per Lot
Minimum
Lot Area in
Sq. Ft. (a)
Minimum
Lot Area Per
Unit in Sq.

Ft. (a)
Minimum
Lot Frontage
in Feet (b)
Minimum
Lot Depth in
Feet
Minimum Yard Setback in Feet
(c)(d)(e)
Maximum
Height (Feet-
Stories)
whichever
height is less
Maximum
Floor Area
Ratio (f)
Minimum
Usable Open
Space in Sq.

Ft.

Front Side Rear
All R1
districts
4 (i) 1,200 (a) 30 40 20 4 4 16′ -1 story N/R (g) (h) N/R = No requirement

(a) If the lot is created by a new parcel map and the parcel map subdivides an existing parcel to create no more than two (2) new parcels, the parcels shall be of approximately equal lot area, provided that one parcel shall not be smaller than 40% of the lot area of the original parcel proposed for subdivision. No lot shall be smaller than 1,200 square feet.
(b) The required width of the pole segment of a flag lot, or easement for access to a lot with required parking, shall be 15 feet, which includes the required 12-foot driveway width and a three-foot property line landscape buffer. Such width is also required for lots without required driveways and parking. A lesser or greater easement width may be authorized by the Community Development Director based on evidence justifying the adjustment. Units located further than Fire Department hose pull reach requirements shall provide a 20-foot wide easement for emergency vehicle access and a paved surface meeting Fire Code weight bearing requirements. (c) No setback shall be required for an existing structure or a structure constructed in the same location and to the same dimensions as an existing structure. (d) An application shall not be rejected solely because it proposes adjacent or connected structures provided that the structures meet building code safety standards and are sufficient to allow separate conveyance. Therefore, connected units may be authorized, including units connected to units on an adjacent lot pursuant to SB 9. (e) Garages are accessory structures. Attached garages shall adhere to setback requirements of each respective zoning district in Table 17.14.070. Detached garages and accessory structures shall adhere to the requirements of Section 17.14.160. (f) Where accessory structures are proposed or exist, including attached or detached garages, the maximum Floor Area Ratio (FAR) for accessory structures shall be calculated by combining the sum of square feet of the proposed unit, any existing units, and all accessory structures, and shall be limited by the district maximum FAR specified in Table 17.14.070.
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15 (g) In lieu of a Floor Area Ratio requirement, each unit shall be limited in square feet based on lot size as follows:

Lot Area in Square
Feet
Maximum Unit
Square Feet*
1,200 – 4,999 800 square feet
5,000 – 5,999 800 square feet
6,000 – 6,999 800 square feet
7,000 – 7,999 800 square feet
8,000 – 9,999 850 square feet
10,000 – 11,999 900 square feet
12,000 – 14,999 950 square feet
15,000 – 19,999 1,000 square feet
20,000 – 39,999 1,100 square feet
40,000 and greater 1,200 square feet
* Existing units may maintain existing FAR and lot coverage but any expansion shall comply with development standards in Table 17.14.070 (h) Minimum usable open space, as defined in Section 17.04.034, shall require the following square feet per district:

District
Minimum
Usable Open
Space in Sq.

Ft. (q)
R1-5 1,000 sf
R1-6 1,100 sf
R1-7 1,100 sf
R1-8 1,200 sf
R1-10 1,200 sf
R1-12 1,300 sf
R1-15 1,700 sf
R1-20 2,500 sf
R1-40 2,500 sf
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16 (i) Up to four (4) units are allowed which may consist of two (2) units on a lot or a primary dwelling and an accessory dwelling unit on a lot .However, all units must meet safety needs and all specified development standards.
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17 SECTION XVIII:

Table 17.14.070 of the Orange Municipal Code, “ Zoning – Residential Districts – Residential Development Standards,” is hereby amended to read as follows:

Table 17.14.070

RESIDENTIAL DEVELOPMENT STANDARDS

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18 Table 17.14.070

RESIDENTIAL DEVELOPMENT STANDARDS
District Units
Per
Lot
Minimum
Lot Area in
Sq. Ft. (x)
Minimum
Lot Area
Per Unit in
Sq. Ft.

Minimum
Lot
Frontage in
Feet (a)
Minimum
Lot Depth in
Feet
Minimum Yard Setback in Feet (b,h) Maximum
Height (Ft.-
Stories)
whichever
is less (g)
Maximum
Floor Area
Ratio (o) or
Lot
Coverage
(p)
Minimum
Usable
Open
Space in
Sq. Ft. (q)
Front Side Rear
R1-5
(aa)
1 5,000(v.1) N/R 50(k) 90 Bld-15
Gar-20 (v.2)
(c,v.2) (v.2) 32′—2
stories
Based on
bldg.
pad(v.3.w)
875 sf
R1-6
(aa)
1 6,000 N/R 60(k) 100 20 5(c) 20(d,e,f) 32′—2
stories(y)
(u) 900 sf

R1-7
(aa)
1 7,000 N/R 60(k) 100 20 5(c) 20(d,e,f) 32′—2
stories
(u) 950 sf

R1-8
(aa)
1 8,000 N/R 60(k) 100 20 5(c) 20(d,e,f) 32′—2
stories
(u) 1,000 sf

R1-10
(aa)
1 10,000 N/R 80(k) 100 20 5(c) 20(d,e,f) 32′—2
stories
(u) 1,000 sf

R1-12
(aa)
1 12,000 N/R 80(k) 100 20 5(c) 20(d,e,f) 32′—2
stories
(u) 1,000 sf

R1-15
(aa)
1 15,000 N/R 80(k) 100 20 5(c) 20(d,e,f) 32′—2
stories
(u) 1,200 sf

R1-20
(aa)
1 20,000 N/R 100(k) 100 20 5(c) 20(d,e,f) 32′—2 stories
(u) 1,500 sf

R1-40
(aa)
1 43,560 N/R 100(k) 100 20 5(c) 20(d,e,f) 32′—2 stories

0.40 FAR 2,000 sf

R1-R
(aa)
1 108,900 N/R 100(k) 100 20 5(c) 20(d,e,f) 32′—2 stories

0.40 FAR 2,000 sf

Notes:
(aa) For all units constructed or lots created pursuant to SB 9, apply the development standards in Table 17.14.060.

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19 SECTION XIX:

The first paragraph of Section 17.14.080 of the Orange Municipal Code, “Zoning – Residential Districts – Building Lot Area Requirements,” is hereby amended to read as follows:

Tables 17.14.060 and 17.14.070 indicate the minimum building lot area for individual lots.

The following portions of a lot shall not be included in the minimum building lot calculation:

SECTION XX:

The Single-family Dwelling Use provisions of Table 17.34.060.A of the Orange Municipal Code, “Zoning – Off-Street Parking and Loading – Required Number of Parking Spaces for Residential Uses,” is hereby amended to read as follows:

Table 17.34.060.A

REQUIRED NUMBER OF PARKING SPACES FOR RESIDENTIAL USES

USE REQUIRED NUMBER OF SPACES
Single-
family
Dwelling
2 enclosed garage spaces/unit up to 4 bedrooms accessed by a 12 foot wide 20 foot long driveway. For 5 or more bedrooms, 1 additional enclosed space which may be in tandem configuration but may not be in a required front yard setback.

For bedroom additions to homes built prior to the effective date of Ordinance 17- 08, refer to Section 17.34.020(A). Enclosed spaces demolished or converted in association with construction of an accessory dwelling unit shall not require replacement.

For PUDs, units with 3 or more bedrooms shall provide an additional 1.5 guest parking spaces per dwelling unit. Of this requirement, 1 open parking space may be provided at the residence subject to compliance with Section 17.16.060.

Enclosed spaces demolished or converted in association with construction of an accessory dwelling unit shall not require replacement.

For dwelling units created under SB 9: one enclosed parking space, accessed by a 12 foot wide 20 foot long driveway, shall be provided for parcels unless they are lo cated within ½ mile walking distance of either a high -quality transit corridor, a major transit stop, or within 1 block of a car share vehicle. No parking space shall be required for parcels within ½ mile walking distance of either a high-quality transit corridor, a major transit stop, or within 1 block of a car share vehicle.

SECTION XXI:

Section 17.38.080 of the Orange Municipal Code, “Zoning – Nonconforming Uses – Urban Lot Split (SB 9) Exception to Compliance (Nonconformities),” is hereby added to read as follows:

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20 17.38.080 Urban Lot Split (SB 9) Exception to Compliance (Nonconformities).

The City shall not require the correction of nonconforming zoning conditions as a condition for ministerial approval of a parcel map application for t he creation of an urban lot split pursuant to SB 9.

SECTION XXII:

As stated in the California Department of Housing and Community Development SB 9 Fact Sheet: “…the preparation and adoption of the ordinance is not considered a project under CEQA. In other words, the preparation and adoption of the ordinance is statutoril y exempt from CEQA.” The subject Ordinance is exempt from the provisions of the California Environmental Quality Act (CEQA) per State CEQA Guidelines 15060(c)(2), 15060(c)(3) and 15061(b)(3) because it will not result in a direct or reasonably foreseeable indirect physical change in the environment, because there is no possibility it will have a significant effect on the environment, and it is not a "project", as defined in Section 15378 of the State CEQA Guidelines. In the unlikely event the Ordinance would constitute a project under CEQA, it is exempt from the provisions of CEQA per State CEQA Guideline 15321 (Class 21, Enforcement Actions by Regulatory Agencies) because it is an action taken by the City as a regulatory agency, as authorized by local ord inance, to regulate as authorized by SB 9, the processing of lot splits and applications for construction of second dwelling units in single-family residential zones in order to prevent a public nuisance. As such, no further analysis is warranted or required. The proposed Ordinance is exempt from CEQA per Guideline 15061(b)(3) because it can be seen with certainty, after review and evaluation of the facts regarding parking standards in the City of Orange, that there is substantial evidence that adoption of this Ordinance would not have a significant effect on the environment and the common sense exemption applies.

SECTION XXIII:

This Ordinance is intended to immediately supersede any existing provisions of the Orange Municipal Code to the extent those existing provisions are inconsistent with this Ordinance.

SECTION XXIV:

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 interim Ordinance. The City Council hereby declares that it would have passed this interim 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.

[Signatures on next page]

378
21 ADOPTED this ____ day of ________________, 2023.

_____________________________________
Daniel R. Slater, Mayor, City of Orange

ATTEST:

Pamela Coleman, City Clerk, City of Orange

APPROVED AS TO FORM:

Michael J. 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 extension of an interim Ordinance was duly passed and adopted at the regular meeting of the City Council held on the ___ day of ___________, 2023 by the following vote, to wit:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

________________________________________
Pamela Coleman, City Clerk, City of Orange
379
1 ORDINANCE NO. 15-23

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF ORANGE AMENDING TITLE 16 (SUBDIVISIONS) AND
TITLE 17 (ZONING) OF THE ORANGE MUNICIPAL CODE

BY ENACTING MINISTERIAL STANDARDS APPLICABLE

TO LOT SPLITS IN SINGLE -FAMILY RESIDENTIAL
ZONES ALLOWED AS A RESULT OF SB 9, ENACTING

MINISTERIAL STANDARDS APPLICABLE TO THE

LOCATION, ACCESS, SIZE AND SETBACK OF SECOND

DWELLING UNITS IN SINGLE -FAMILY RESIDENTIAL
ZONES ALLOWED AS A RESULT OF SB 9, AND ADDING

AND REVISING DEFINITIONS TO CLARIFY SAID
DEVELOPMENT STANDARDS.

WHEREAS, the Governor of the State of California signed into law legislation (“SB 9”), effective January 1, 2022, which generally requires the City to ministerially approve certain applications for a lot split on a single -family residentially -zoned prope rty, which allows the creation of two half-sized lots where there was previously one lot; and

WHEREAS, SB 9 also generally requires the City to ministerially approve certain applications to build a second unit on a single -family residentially-zoned property, which allows two residential dwellings on a single -family (R -1) lot where previously there was only one dwelling permitted; and

WHEREAS, the single -family residential (R -1) zones in the City, which include neighborhoods with lots ranging from 6,000 to 20,000 square feet, one acre, and one -and-a-half acres and up, were thoughtfully planned based on the goals of the General Plan of the City, the quality of life in single -family residential neighborhoods, the public safety resources, the utility and transportation infrastructure, City recreational resources, including parks and libraries, school district considerations, and m any other elements associated with sound and established planning practices; and

WHEREAS, the City’s Zoning Code and General Plan also designate numerous duplex and multi-family residential zones allowing higher density housing opportunities, that were a lso carefully planned to ensure a high quality of life in multi-family residential neighborhoods, access to public safety resources, an efficient utility and transportation infrastructure, and an appropriate level of City recreational, park and library resources; and

WHEREAS, SB 9 allows the City to impose certain objective requirements regulating said applications to split and/or to build additional residential units on a single -family residentially- zoned property; and

WHEREAS, on December 14, 2021, the City Council adopted interim Ordinance No. 18- 21, imposing development standards on lot split and second dwelling unit development projects 380
2 submitted pursuant to SB 9, which Ordinance was effective for forty-five days; and on January 11, 2022, the City C ouncil extended interim Ordinance No. 18 -21 for an additional ten months and fifteen days, until December 13, 2022; and

WHEREAS, on November 15, 2022, the City Council extended interim Ordinance No. 18-21 with the adoption of interim Ordinance 18-21-B, continuing the imposition of development standards on lot split and second dwelling unit development projects submitted pursuant to SB 9, for an additional year, until December 13, 2023; and

WHEREAS, pursuant to Government Code Section 65858(a), no further extension of the interim Ordinance imposing development standards on lot split and second dwelling unit development projects submitted pursuant to SB 9, is available; and

WHEREAS, on October 2, 2023 , at a regularly scheduled public hearing noticed in accordance with Government Code Section 65090, the Planning Commission of the City of Orange recommended by a vote of 6 to 0 that the City Council of the City of Orange adopt Ordinance No. 15-23 imposing development standards on lot split and second dwelling unit development projects submitted pursuant to SB 9, is available; and

WHEREAS, notice of a City Council of the City of Orange public hearing on the subject matter was published in a newspaper of general circulation in accordance with Government Code Section 65090; and

WHEREAS, the City Council of the City of Orange public hearing was held on October 24, 2023, to consider Ordinance No. 15-23; and

WHEREAS, this Ordinance has been reviewed for compliance with the California Environmental Quality Act (CEQA), the CEQA Guidelines, and the City’s environmental procedures, and has been found to be exempt, consistent with the findings in Section XX I of this interim Ordinance; and

WHEREAS, the City Council having considered the proposed revisions to the Orange Municipal Code (OMC) at a public hearing held on October 24, 2023, including review of the staff report, and having received public testimony on the item, therefore determine that Ordinance No. 15-23 incorporates reasonable development standards for lot split and second dwelling unit development projects submitted pursuant to SB 9, and the Ordinance would promote orderly development in the City necessary for the preservation of the public peace, health, safety and welfare of the community; and

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ORANGE DOES HEREBY ORDAIN AS FOLLOWS:

SECTION I:

That the recitals and findings contained herein are true and correct, incorporated herein, and with the public record, form the basis for the extension of this interim Ordinance. 381
3 SECTION II:

Section 16.08.010 .E of the Orange Municipal Code, “Subdivisions – Maps – General Provisions,” is hereby amended to read as follows:

E. The advisory agency with the power of final approval over the tentative parcel map, shall thereupon make a finding that the proposed divis ion of land complies with all requirements of the Subdivision Map Act or this title, and all other resolutions and ordinances of this City, including, but not limited to, requirements concerning area, improvements and design, floodwater drainage control, a ppropriate improved public roads, sanitary disposal facilities, water supply availability, public safety facilities and environmental protection. For parcel maps submitted pursuant to SB 9, the Community Development Director shall approve or deny the application for a parcel map for an urban lot split ministerially without discretionary review.

SECTION III:

The title of Section 16.12.030 of the Orange Municipal Code, “Subdivisions – Procedure – Tentative Parcel Map – Staff Review Committee Approval,” is hereby amended to read as follows:

16.12.030 Tentative Parcel Map — Staff Review Committee Approval. Approval or Denial.

SECTION IV:

Section 16.12.030 of the Orange Municipal Code, “Subdivisions – Procedure – Tentative Parcel Map –Approval or Denial,” is hereby amended to add the following:

E. The Community Development Director shall have authority to approve all parcel map applications for an urban lot split proposed in a single-family residential zone, pursuant to SB

9. Approval shall be a ministerial action without discretionary review.

1. For approval of a parcel map , the Community Development Director shall find the following:

a. The parcel map subdivides an existing parcel to create no more than two (2) new parcels of approximately equal lot area provided that one parcel shall not be smaller than 40 percent of the lot area of the original parcel proposed for subdivision.

b. Both newly created parcels are no smaller than 1,200 square feet.

c. The parcel being subdivided meets all the following requirements:

i. The parcel is located within a single-family residential zone.

382
4 ii. The parcel meets all requirements of Section

17.13.040.GGG.1.

iii. The parcel has not been established through prior exercise of an urban lot split as provided for in SB 9.

iv. Neither the owner of the parcel being subdivided nor any person acting in concert with the owner has previously subdivided an adjacent parcel using an urban lot split as provided for in SB 9.

v. The parcel map conforms to all applicable objective
requirements of the Subdivision Map Act (commencing with Section 66410), except as otherwise expressly provided in SB 9.

d. In furtherance of the intent of SB 9 to create dwelling units, plans for units on a lot undergoing a parcel map application shall have received approval through the building permit plan check process and be ready for building permit issuance concurrently with final parcel map approval.

2. The Community Development Director shall place the following conditions on approval of the parcel map, as appropriate:

a. A requirement for e asements for the provision of public safety services and facilities.

b. A requirement that the parcels have access to, provide access to, or adjoin the public right-of-way.

c. A requirement for off-street parking pursuant to the single-family residence parking requirement specified in Table 17.34.060.A , except as otherwise expressly provided under SB 9.

d. A requirement that the uses allowed on the lots be limited to residential uses.

3. The City shall not require dedications of rights-of-way or the construction of offsite improvements for the parcels being created as a condition of issuing a parcel map.

4. The authority for denial of a parcel map submitted pursuant to SB 9 is the building official. For denial of a parcel map the building official shall make a written finding, based upon a preponderance of the evidence, that the proposed housing development project would have a specific, adverse impact, as defined and determined in Government Code Section 65589.5(d)(2), upon public health and safety or the physical environment, for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact.

SECTION V:
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5 Section 16.1 6.020 of the Orange Municipal Code, “Subdivisions – Requirements- Dedications-Fees – Street, Alley and Easement Dedications ,” is hereby amended to add the following:

E. The City shall not require dedications of rights-of-way or the construction of offsite improvements for parcels created pursuant to SB 9. Easements for public safety services and facilities for such parcels may be required by the Community Development Director.

SECTION VI:

Section 16.16.170 of the Orange Municipal Code, “Subdivisions – Requirements- Dedications-Fees – Soils Report Required,” is hereby amended to add the following:

D. For parcel maps submitted pursuant to SB 9, with residential units connected to an onsite wastewater treatment system, the applicant may submit a percolation test completed within the last five (5) years, or, if the percolation test has been recertified, within the last ten (10) years.

SECTION VII:

Section 17.04.021 of the Orange Municipal Code, “Zoning – Definitions – “B” Definitions,” is hereby amended to read as follows:

“Bedroom” - means any 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. For planning development standards purposes, not to be confused with any building code standards, a room may be deemed not a bedroom if a floor to ceiling horizontal distance of at least 7 f eet remains open and without any type of door and no closet exists.

SECTION VIII:

Section 17.04.023 of the Orange Municipal Code, “ Zoning – Definitions – “D” Definitions,” is hereby amended to read as follows:

“Duplex or duplex residential ” means an - An attached or detached building containing two dwelling units wherein the occupants of each individual dwelling unit are living and functioning together as a single housekeeping unit, meaning that they have established ties and familiarity with each other, j ointly use common areas, interact with each other, share meals, household activities, expenses and responsibilities, membership in the single housekeeping unit is fairly stable as opposed to transient, and members have some control over who becomes a member of the single housekeeping unit. A property designated Duplex Residential is neither a single - family nor a multi-family property.

SECTION IX:
384
6 Section 17.04.025 of the Orange Municipal Code, “Zoning – Definitions – “F” Definitions,” is hereby amended to read as follows:

“Floor area ratio” (F.A.R. or FAR) - means the The building square footage divided by lot area. Building square footage shall include all structures on a lot, including garages and accessory structures, unless otherwise provided in this code Code. Parking structures and patio covers open on at least two si des shall not be included in the calculation of F.A.R. F.A.R. shall not include ADUs but ADUs shall count against future primary building additions and future accessory structures.

SECTION X:

Section 17.04.031 of the Orange Municipal Code, “Zoning – Definitions – “L” Definitions,” is hereby amended to read as follows:

“Lot line, front” - means the line separating the narrowest street frontage of the lot from the street right-of-way. In the case of an interior lot, the line dividing the lot from the street. In the case of a corner lot or through lot, the shorter lot line abutting a street s hall be deemed the front lot line and the longer lot line abutting a street shall be deemed an exterior side, unless determined otherwise by the Zoning Administrator. In the case of a through lot or a corner lot whose exterior lot lines are the same length, the lot line where the principal access to the lot is provided shall be deemed to be the front lot line. In the case of an interior lot, w hen the lot line abutting a street is curved, the front lot line follows the curve; for corner lots, separation of lines occurs at the middle of the curve. For a flag lot, the front lot line is the shortest lot line adjoining the pole portion of the lot including the width of the pole as shown in the figure that follows.

SECTION XI:

Section 17.04.038 of the Orange Municipal Code, “Zoning – Definitions – “S” Definitions,” is hereby amended to read as follows:

“Story, half” - means one One half-story as opposed to full story buildings are structures in which the top floor area is within the established roof line, and room heights within the half - story space conform to the Uniform California Building Code regulations for “habitable” space.

The building has two floors of habitable rooms but appears as a one story structure from an 385
7 architectural standpoint. The half-story may contain dormers. Within the Old Towne or established Historic District, the habitable space for the expansion of existing half-story structures and/or the new construction of half-story structures, including any dormers, shed roofs, and unfinished areas, shall not exceed sixty (60)% percent of the gross floor area of the floor below.

“Story, habitable” - A story maintaini ng room heights conforming to the California Building Code regulations for “habitable” space. Height -qualifying habitable stories shall be considered a story regardless of interior finish status.

SECTION XII:

Section 17.10.060.D.1.b of the Orange Municipal Code, “Zoning – Specific Administrative Procedures – Site Plan Review – Minor Site Plan Review - Criteria,” is hereby amended to read as follows:

b. Construction of six (6) or fewer residential units on a single parcel, when only one parcel is being developed. Units constructed in single -family (R -1) districts pursuant to SB 9 shall not require site plan review under this section.

SECTION XIII:

Section 17.10.060.D.1.f of the Orange Municipal Code, “Zoning – Specific Administrative Procedures – Site Plan Review – Minor Site Plan Review - Criteria,” is hereby amended to read as follows:

f. Creation of lots or building sites with no direct acces s to a public street except for those units with access easements created to accommodate the construction of units pursuant to SB 9.

SECTION XIV:

Section 17.10.070.B.7 of the Orange Municipal Code, “Zoning – Specific Administrative Procedures – Design Review – When Design Review is Required - Exception,” is hereby added to read as follows:

7. Exception. Units created in a single-family (R-1) residential zone pursuant to SB 9 shall not require design review but shall instead meet all objective design review standards specified in Section 17.13.040.GGG and Chapter 17.14.

SECTION XV:

Table 17.1 3.030 of the Orange Municipal Code, “ Zoning – Master Land Use Table – Permitted Uses,” is hereby amended to add the following:

386
387
8 Table 17.13.030 Permitted Uses.

ZONING

RESIDENTIAL

COMMERCIAL

MIXED USE

INDUSTRIAL

AGRICULTURAL

OPEN SPACE

PI

OVERLAY
SAND &
GRAVEL
LAND
USE
R1-5
R1-6
to
R-15
R1-20 to
R-140 &
R1-R
R2-6 to
R2-8
R-3
R-4
MH
OP
CP/C1
CTR
C2
C3
CR
OTMU-15S
OTMU-15
OTMU-24
NMU-24
UMU
M1
M2
A1
RO
SH
PI
FP-1
FP-2
SG
Housing—Includes all structures permitted as living quarters whether they be for short or long-term occupancy. Includes all uses identified in California Building Code definitions that are preceded with main entry words (key terms) that include one of the following: Dwelling, unit, house, housing, congregate, residence, multifamily, dormitory, home(s), hotel, motel, residential care facility, residential facility, or lodging.

Single-
family
dwelling
P# P P P P P - P - - - - - P* P* P* - - - - P - - - - - - Single-
family
dwelling
created
pursuant
to SB 9
P* P* P* - - - - - - - - - - - - - - - - - - - - - - - -

388
389
9 SECTION XVI:

Section 17.13.040 of the Orange Municipal Code, “ Zoning – Master Land Use Table – Special Use Regulations,” is hereby amended to add the following:

GGG. Single-family Dwelling Created Pursuant to SB 9.

1. Approval shall be subject to the proposed housing development meeting all the requirements of SB 9 which include:

a. The parcel is not located on a site specified in subparagraphs (B) to (K), inclusive, of Government Code Section 65913.4(a)(6) as summarized below:

i. Prime farmland, farmland or statewide importance, or land that is zoned or designated for agricultural protection or preservation by the voters.

ii. A wetland

iii. Within a very high fire hazard severity zone, unless the site complies with all fire-hazard mitigation required by existing building standards.

iv. A hazardous waste site that has cleared the site for residential use or residential mixed uses.

v. Within a delineated earthquake fault zone unless the development complies with applicable seismic protection building code standards.

vi. Within a 100 year flood hazard area, unless it has either:
(I) Been subject to a Letter of Map Revision prepared
by the Federal Emergency Management Agency and
issued to the local jurisdiction, or
(II) Meets Federal Emergency Management Agency
requirements necessary to meet minimum flood plain
management criteria of the National Flood Insurance
Program.

vii. Within a regulatory floodway unless the development has received a no-rise certification.

viii. Land identified for conservation in an adopted natural community conservation plan or other adopted natural resource protection plan.

ix. Habitat for protected species.
x. Land under conservation easement.

390
10 b. The proposed housing development would not require demolition or alteration of any of the following types of housing:

i. Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income.

ii. Housing that has been occupied by a tenant in the last three (3) years.

c. The parcel subject to the proposed housing development is not a parcel on which an owner of residential real property has exercised the owner’s rights under Chapter 12.75 (commencing with Section 7060) of Division 7 of Title 1 to withdraw accommodations from rent or lease within 15 years before the date that the development proponent submits an application.

d. Notwithstanding any provision in the Orange Municipal Code to the contrary, the proposed housing development does not allow the demolition of more than 25 percent of the existing exterior structural walls, unless the site has not been occupied by a tenant in the last three (3) years.

e. The development is not located within a historic district or property included on the State Historic Resources Inventory, as defined in Section 5020.1 of the Public Resources Code, or within a site that is designated or listed as a city or county landmark or historic property or district pursuant to a city or county ordinance.

2. The proposed housing developme nt may be denied if the building official makes a written finding, based upon a preponderance of the evidence, that the proposed housing development project or urban lot split would have a specific, adverse impact, as defined and determined in Government Code Section 65589.5(d)(2), upon public health and safety or the physical environment, for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact.

3. The ministerial approval may include the conditi ons for a parcel map specified in section 16.12.030.E, if applicable.

4. All rental units shall be rented for a term longer than 30 days.

5. An applicant for a parcel map to create an urban lot split shall sign an affidavit stating their intent to occupy one of the housing units as their principal residence for a minimum of three (3) years from the date of the approval of the urban lot split. Any “community land trust,” as defined in Revenue and Taxation Code Section 402.1(a)(11)(C)(ii), or a “qualif ied nonprofit corporation” as described in Revenue and Taxation Code Section 214.15, shall be exempt from the affidavit.

6. Separate conveyance of the resulting lots in an urban lot split is permitted. If dwellings or other structures (such as garages) on different lots are adjacent or attached to each other, the urban lot split boundary may separate them for conveyance purpose s if the structures meet building code safety standards and are sufficient to allow separate conveyance. Separate conveyance of units within a lot resulting from an urban lot split shall be subject to the following:
391
11 a. Primary dwelling units within a lot that is created by an urban lot split may not be owned or conveyed separately from each other.
b. Condominium airspace divisions and common interest developments are not permitted within a lot that is created by an urban lot split. c. All fee interest within a lot and all dwellings on the lot must be held equally and undivided by all individual property owners.

7. Separate conveyance of units on an undivided lot is subject to the following:
a. Primary dwelling units on an undivided lot may n ot be owed or conveyed separately from each other.
b. Condominium airspace divisions and common interest developments are not permitted within the undivided lot
c. All fee interest in the undivided lot and all the dwellings on the undivided lot must be held equally and undivided by all individual property owners.

8. All development, design, and parcel map standards in this section and in Chapter

17.14 shall be applied to units created under SB 9, provided that at least an 800 square foot unit is allowed to be constructed.

9. The following objective design standards shall apply to all single-family dwellings created pursuant to SB 9 and to associated on -site improvements:

a. Units with identical building elevations and/or floor plans shall not be located on adjacent lots or directly across the street from each other.

b. Design elements and detailing shall be continued completely around the structure. Such design elements shall include window treatments, trim detailing, exterior wall materials, and color pallet. Firewalls are not exempt from the required design elements.

c. At least two (2) building materials shall be used on any building frontage (excluding roof and foundation) in addition to glazing and railings. Any one material shall com prise at least 20% of the building frontage.

d. At least two (2) exterior colors shall be used. Elements that count toward this requirement include cladding material, trim/accent colors, and visually significant colors for doors, and similar elements. Primary colors shall be used as accent colors only.

e. Trash receptacles locations shall be identified on project plans and shall demonstrate screening from public view via equivalent -height landscaping or a solid wall or fence.

f. The main entry s hall not be the garage door and shall be prominently placed on the elevation facing the street.

392
12 g. Linear streetscape appearance in the building facade shall be avoided by providing variations in horizontal plane in a minimum of 50% of the building fro nt and street side elevations. Variations shall include indentations, recesses, or projections of two (2) feet or greater.

Vertical architectural elements (pilasters, columns, piers, other structural elements) shall vertically project a minimum of eight (8) feet in height and project a minimum of eight (8) inches from the building face.

h. Units shall include a minimum three (3) element(s) from the following list to add visual variety and interest to building facades and enhance the connection between public and private realms: eaves, cornices, trellises, overhangs, exposed structural elements such as rafters, recessed windows, columns, bay windows. Other elements may be approved if they provide equivalent visual variety and interest.

i. Primary interior living spaces (bedroom and living areas) shall be offset a minimum eight (8) feet from a facing neighboring primary interior space on the same story.

j. A minimum eight (8) feet shall be maintained between any primary interior living s pace (bedroom and living area) and an existing neighboring primary living space on the same story.

k. Trim surrounds shall be provided at all exterior window and door openings. Trim shall be substantial, visible, and at least two (2) inches in depth.

l. Classical window proportions shall be provided such as 2:1, 3:2, or 4:3.

m. No building facade may extend in a continuous plane for more than 20 feet without a window, door, variation in horizontal plane, or vertical architectural element.

n. A minimum three (3) foot wide interior clear planter width landscaping shall be provided between the closest parallel property line to a driveway and the subject property. For flag lots, the planter shall only be required adjacent to the property not par t of the project. Within the planter area, landscaping shall be maintained at a height of no greater than 42 inches to allow for line of sight to pedestrians and motorists for vehicles exiting the driveway.

o. Driveways to required parking shall not b e asphalt, shall be a minimum 12 feet in width, and shall be concrete, pavers, stone, brick, or similar material. No driveway shall be allowed for units that do not require an on -site covered parking space and are not electing to include covered parking. Controlled or restricted entrances to required or provided parking are prohibited.

SECTION XVII:

Section 17.14.060 of the Orange Municipal Code, “Zoning – Residential Districts – Reserved,” is hereby replaced with the following:
393
13 17.14.060 - Units Created in a Single-family (R-1) Residential Zone Pursuant to SB 9.

The development standards specified in Section 17.13.040.GGG and Table 17.14.060 shall apply to dwelling units created under SB 9. In addition, the following shall apply:

A. In the event development standards physically preclude the construction of up to two (2) units or preclude either of the two (2) units from being at least 800 square feet in floor area, a minimum 800 square foot unit shall be allowed with code waivers chosen and authorized by the Community Development Director based on prioritizing pr eservation of neighborhood character and privacy to adjacent properties. The Director may consider waivers such as, but not limited to:

1. Allowing half basement construction to facilitate two-story construction no greater than 16 feet tall.

2. Allowing a reduced front yard setback.

3. Reducing distancing from an existing structure on the original parcel.

B. Parking shall be provided as specified in Chapter 17.34

C. One (1) bedroom is allowed for each five hundred (500) square foot increme nt of unit square feet. Increments are rounded up, e.g., a 1,001 square foot unit may have 3 bedrooms. Bedroom and bathroom square feet shall be limited to no greater than 63.5% of the total square feet of the unit.

Direct exterior access to bedrooms is prohibited, except for the largest bedroom.

D. All accessory structures, including garages, shall be subject to the provisions of Title 17, including but not limited to setbacks, floor area ratio, lot coverage, distancing from other structures, ratio of structures to dwelling, open space, and height.

Table 17.14.060

RESIDENTIAL DEVELOPMENT STANDARDS FOR UNITS CREATED IN A SINGLE- FAMILY (R-1) RESIDENTIAL ZONE PURSUANT TO SB 9
[See next page]

394
14 Table 17.14.060
RESIDENTIAL DEVELOPMENT STANDARDS FOR UNITS CREATED IN A SINGLE-FAMILY (R-1) RESIDENTIAL ZONE PURSUANT TO SB 9
District Maximum
Units Per Lot
Minimum
Lot Area in
Sq. Ft. (a)
Minimum
Lot Area Per
Unit in Sq.

Ft. (a)
Minimum
Lot Frontage
in Feet (b)
Minimum
Lot Depth in
Feet
Minimum Yard Setback in Feet
(c)(d)(e)
Maximum
Height (Feet-
Stories)
whichever
height is less
Maximum
Floor Area
Ratio (f)
Minimum
Usable Open
Space in Sq.

Ft.

Front Side Rear
All R1
districts
4 (i) 1,200 (a) 30 40 20 4 4 16′ -1 story N/R (g) (h) N/R = No requirement

(a) If the lot is created by a new parcel map and the parcel map subdivides an existing parcel to create no more than two (2) new parcels, the parcels shall be of approximately equal lot area, provided that one parcel shall not be smaller than 40% of the lot area of the original parcel proposed for subdivision. No lot shall be smaller than 1,200 square feet.
(b) The required width of the pole segment of a flag lot, or easement for access to a lot with required parking, shall be 15 feet, which includes the required 12-foot driveway width and a three-foot property line landscape buffer. Such width is also required for lots without required driveways and parking. A lesser or greater easement width may be authorized by the Community Development Director based on evidence justifying the adjustment. Units located further than Fire Department hose pull reach requirements shall provide a 20-foot wide easement for emergency vehicle access and a paved surface meeting Fire Code weight bearing requirements. (c) No setback shall be required for an existing structure or a structure constructed in the same location and to the same dimensions as an existing structure. (d) An application shall not be rejected solely because it proposes adjacent or connected structures provided that the structures meet building code safety standards and are sufficient to allow separate conveyance. Therefore, connected units may be authorized, including units connected to units on an adjacent lot pursuant to SB 9. (e) Garages are accessory structures. Attached garages shall adhere to setback requirements of each respective zoning district in Table 17.14.070. Detached garages and accessory structures shall adhere to the requirements of Section 17.14.160. (f) Where accessory structures are proposed or exist, including attached or detached garages, the maximum Floor Area Ratio (FAR) for accessory structures shall be calculated by combining the sum of square feet of the proposed unit, any existing units, and all accessory structures, and shall be limited by the district maximum FAR specified in Table 17.14.070.
395
15 (g) In lieu of a Floor Area Ratio requirement, each unit shall be limited in square feet based on lot size as follows:

Lot Area in Square
Feet
Maximum Unit
Square Feet*
1,200 – 4,999 800 square feet
5,000 – 5,999 800 square feet
6,000 – 6,999 800 square feet
7,000 – 7,999 800 square feet
8,000 – 9,999 850 square feet
10,000 – 11,999 900 square feet
12,000 – 14,999 950 square feet
15,000 – 19,999 1,000 square feet
20,000 – 39,999 1,100 square feet
40,000 and greater 1,200 square feet
* Existing units may maintain existing FAR and lot coverage but any expansion shall comply with development standards in Table 17.14.070 (h) Minimum usable open space, as defined in Section 17.04.034, shall require the following square feet per district:

District
Minimum
Usable Open
Space in Sq.

Ft. (q)
R1-5 1,000 sf
R1-6 1,100 sf
R1-7 1,100 sf
R1-8 1,200 sf
R1-10 1,200 sf
R1-12 1,300 sf
R1-15 1,700 sf
R1-20 2,500 sf
R1-40 2,500 sf
396
16 (i) Up to four (4) units are allowed which may consist of two (2) units on a lot or a primary dwelling and an accessory dwelling unit on a lot .However, all units must meet safety needs and all specified development standards.
397
17 SECTION XVIII:

Table 17.14.070 of the Orange Municipal Code, “ Zoning – Residential Districts – Residential Development Standards,” is hereby amended to read as follows:

Table 17.14.070

RESIDENTIAL DEVELOPMENT STANDARDS
[See next page]
398
18 Table 17.14.070

RESIDENTIAL DEVELOPMENT STANDARDS
District Units
Per
Lot
Minimum
Lot Area in
Sq. Ft. (x)
Minimum
Lot Area
Per Unit in
Sq. Ft.

Minimum
Lot
Frontage in
Feet (a)
Minimum
Lot Depth in
Feet
Minimum Yard Setback in Feet (b,h) Maximum
Height (Ft.-
Stories)
whichever
is less (g)
Maximum
Floor Area
Ratio (o) or
Lot
Coverage
(p)
Minimum
Usable
Open
Space in
Sq. Ft. (q)
Front Side Rear
R1-5
(aa)
1 5,000(v.1) N/R 50(k) 90 Bld-15
Gar-20 (v.2)
(c,v.2) (v.2) 32′—2
stories
Based on
bldg.
pad(v.3.w)
875 sf
R1-6
(aa)
1 6,000 N/R 60(k) 100 20 5(c) 20(d,e,f) 32′—2
stories(y)
(u) 900 sf

R1-7
(aa)
1 7,000 N/R 60(k) 100 20 5(c) 20(d,e,f) 32′—2
stories
(u) 950 sf

R1-8
(aa)
1 8,000 N/R 60(k) 100 20 5(c) 20(d,e,f) 32′—2
stories
(u) 1,000 sf

R1-10
(aa)
1 10,000 N/R 80(k) 100 20 5(c) 20(d,e,f) 32′—2
stories
(u) 1,000 sf

R1-12
(aa)
1 12,000 N/R 80(k) 100 20 5(c) 20(d,e,f) 32′—2
stories
(u) 1,000 sf

R1-15
(aa)
1 15,000 N/R 80(k) 100 20 5(c) 20(d,e,f) 32′—2
stories
(u) 1,200 sf

R1-20
(aa)
1 20,000 N/R 100(k) 100 20 5(c) 20(d,e,f) 32′—2 stories
(u) 1,500 sf

R1-40
(aa)
1 43,560 N/R 100(k) 100 20 5(c) 20(d,e,f) 32′—2 stories

0.40 FAR 2,000 sf

R1-R
(aa)
1 108,900 N/R 100(k) 100 20 5(c) 20(d,e,f) 32′—2 stories

0.40 FAR 2,000 sf

Notes: (aa) For all units constructed or lots created pursuant to SB 9, apply the development standards in Table 17.14.060.

399
19 SECTION XIX:

The first paragraph of Section 17.14.080 of the Orange Municipal Code, “Zoning – Residential Districts – Building Lot Area Requirements,” is hereby amended to read as follows:

Tables 17.14.060 and 17.14.070 indicate the minimum building lot area for individual lots.

The following portions of a lot shall not be included in the minimum building lot calculation:

SECTION XX:

The Single-family Dwelling Use provisions of Table 17.34.060.A of the Orange Municipal Code, “Zoning – Off-Street Parking and Loading – Required Number of Parking Spaces for Residential Uses,” is hereby amended to read as follows:

Table 17.34.060.A

REQUIRED NUMBER OF PARKING SPACES FOR RESIDENTIAL USES

USE REQUIRED NUMBER OF SPACES
Single-
family
Dwelling
2 enclosed garage spaces/unit up to 4 bedrooms accessed by a 12 foot wide 20 foot long driveway. For 5 or more bedrooms, 1 additional enclosed space which may be in tandem configuration but may not be in a required front yard setback.

For bedroom additions to homes built prior to the effective date of Ordinance 17- 08, refer to Section 17.34.020(A). Enclosed or covered spaces demolished or converted by creation of an ADU in association with construction of an accessory dwelling unit shall not require replacement.

For PUDs, units with 3 or more bedrooms shall provide an additional 1.5 guest parking spaces per dwelling unit. Of this requirement, 1 open parking space may be provided at the residence subject to compliance with Section 17.16.060.

For dwelling units created under SB 9: one enclosed parking space, accessed by a 12 foot wide 20 foot long driveway, shall be provided for parcels unless they are located within ½ mile walking distance of either a high -quality transit corridor, a major transit stop, or within 1 block of a car share vehicle. No parking space shall be required for parcels within ½ mile walking distance of either a high-quality transit corridor, a major transit stop, or within 1 block of a car share vehicle.

SECTION XXI:

Section 17.38.080 of the Orange Municipal Code, “Zoning – Nonconforming Uses – Urban Lot Split (SB 9) Exception to Compliance (Nonconformities),” is hereby added to read as follows:

400
20 17.38.080 Urban Lot Split (SB 9) Exception to Compliance (Nonconformities).

The City shall not require the correction of nonconforming zoning conditions as a condition for ministerial approval of a parcel map application for the creation of an urban lot split pursuant to SB 9.

SECTION XXII:

As stated in the California Department of Housing and Community Development SB 9 Fact Sheet: “…the preparation and adoption of the ordinance is not considered a project under CEQA. In other words, the preparation and adoption of the ordinance is statutoril y exempt from CEQA.” The subject Ordinance is exempt from the provisions of the California Environmental Quality Act (CEQA) per State CEQA Guidelines 15060(c)(2), 15060(c)(3) and 15061(b)(3) because it will not result in a direct or reasonably foreseeable indirect physical change in the environment, because there is no possibility it will have a significant effect on the environment, and it is not a "project", as defined in Section 15378 of the State CEQA Guidelines. In the unlikely event the Ordinance would constitute a project under CEQA, it is exempt from the provisions of CEQA per State CEQA Guideline 15321 (Class 21, Enforcement Actions by Regulatory Agencies) because it is an action taken by the City as a regulatory agency, as authorized by local ord inance, to regulate as authorized by SB 9, the processing of lot splits and applications for construction of second dwelling units in single-family residential zones in order to prevent a public nuisance. As such, no further analysis is warranted or required. The proposed Ordinance is exempt from CEQA per Guideline 15061(b)(3) because it can be seen with certainty, after review and evaluation of the facts regarding parking standards in the City of Orange, that there is substantial evidence that adoption of this Ordinance would not have a significant effect on the environment and the common sense exemption applies.

SECTION XXIII:

This Ordinance is intended to immediately supersede any existing provisions of the Orange Municipal Code to the extent those existing provisions are inconsistent with this interim Ordinance.

SECTION XXIV:

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 interim Ordinance. The City Council hereby declares that it would have passed this interim 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.

401
21 ADOPTED this ____ day of ________________, 2023.

_____________________________________
Daniel R. Slater, Mayor, City of Orange

ATTEST:

________________________________________
Pamela Coleman, City Clerk, City of Orange

APPROVED AS TO FORM:

________________________________________
Michael J. Vigliotta

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 extension of an interim Ordinance was duly passed and adopted at the regular meeting of the City Council held on the ___ day of ________, 2023 by the following vote, to wit:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

________________________________________
Pamela Coleman, City Clerk, City of Orange
402

SB9 ORDINANCE

RESOLUTION NO. PC 13-23

A RESOLUTION OF THE PLANNING COMMISSION OF

THE CITY OF ORANGE RECOMMENDING THAT THE

CITY COUNCIL OF THE CITY OF ORANGE ADOPT AN
ORDINANCE AMENDING TITLE 16 AND TITLE 17 OF

THE ORANGE MUNICIPAL CODE ENACTING

MINISTERIAL STANDARD S A PPLICABLE TO LOT

SPLITS IN SINGLE -FAMILY RESIDENTIAL ZONES
ALLOWED AS A RESULT OF SB 9, ENACTING

MINISTERIAL STANDARDS A PPLICABLE TO THE

LOCATION, ACCESS SIZE AND SETBACK OF SECOND

DWELLING UNITS IN SINGLE -FAMILY RESIDENTIAL

ZONES AND REVISING DEFINITIONS TO CLARIFY
SAID DEVELOPMENT STANDARDS.

APPLICANT: CITY OF ORANGE

WHEREAS, Orange Municipal Code (OMC) Table 17.08.020, Section

17.08.020B.2.b.i., and Section 17.10.020B. authoriz es the Planning Commission to review and make recommendations to the City Council on amendments to the Zoning Ordinance; and

WHEREAS, the Planning Commission of the City of Orange, pursuant to its police powers afforded under the California Constitution, Article XI, Section 7, California Government Code 37100, et seq., may recommend regulations to protect the peace, health, safety and welfare of the community, and may recommend that certain uses and conditions constitute a public nuisance; and

WHEREAS, SB 9 also requires the City to ministerially approve certain applications to build a second unit on a single -family residentially-zoned property, which allows two residential dwellings on a single -family (R-1) lot where there was previously only one dwelling permitted; and

WHEREAS, these two provisions of SB 9 – allowing a lot split and allowing a second unit on a single -family lot - may be combined, resulting in the transformation of a single -family residential lot with one dwelling unit becoming two lots with two dwelling units each for a total of four dwelling units on the same-sized piece of property; and

WHEREAS, the single -family residential (R -1) zones in the City, which include neighborhoods with lots rangi ng from 6,000 to 20,000 square feet, one acre, and one -and-a-half acres and up, were thoughtfully planned based on the goals of the General Plan of the City, the quality of life in single -family residential neighborhoods, the public safety resources, the u tility 403
Resolution No. PC 13-23

and transportation infrastructure, City recreational resources, including parks and libraries, school district considerations, and many other elements associated with sound and established planning practices; and

WHEREAS, the City’s Zoning Code and General Plan also designate numerous duplex and multi-family residential zones allowing higher density housing opportunities, that were also carefully planned to ensure a high quality of life in multi -family residential neighborh oods, access to public safety resources, an efficient utility and transportation infrastructure, and an appropriate level of City recreational, park and library resources; and

WHEREAS, SB 9 has the effect of a wholesale conversion of each of the carefully designed single-family residential zones in the City into residential zones with double, triple and up to quadruple the anticipated density of those zones, creating incompatibility with the City’s single-family neighborhood development standards for those zones, among other City resource concerns; and

WHEREAS, if unrestricted and left unregulated, the increase in potential density in the City’s single-family zones would cause numerous deleterious effects on the City’s infrastructure as well as the families residing therei n, including parking and traffic problems, overuse of existing utility systems, loss of privacy, application of development standards not designed for higher density housing, fire safety and other public safety concerns, all of which effects constitute a public nuisance to the community; and

WHEREAS, SB 9 allows th e City to impose certain objective requirements regulating said applications to split and/or to build additional residential units on a single -family residentially-zoned property; and

WHEREAS, the Orange Municipal Code (OMC) does not currently contain a permanent process or objective development standards for m inisterially processing lot split applications; and

WHEREAS, the OMC does not currently contain a permanent process or objective development standards for ministerially processing applications to build non -ADU second dwelling units in single-family zones; and

WHEREAS, on December 14, 2021, the City Council adopted interim Ordinance No. 18-21, imposing development standards on lot s plit and second dwelling unit development projects submitted pursuant to SB 9, which Ordinance was effective for forty -five days; and on January 11, 2022, the City Council extended interim Ordinance No. 18 -21 for an additional ten months and fifteen days, until December 13, 2022; and

WHEREAS, on November 15, 2022, the City Council extended interim Ordinance No. 18-21 with the adoption of interim Ordinance 18 -21-B, continuing the imposition of development standards on lot split and second dwelling unit development p rojects submitted pursuant to SB 9, for an additional year, until December 13, 2023; and

404
Resolution No. PC 13-23

WHEREAS, pursuant to Government Code Section 65858(a), no further extension of the interim Ordinance imposing development standards on lot split and second dwelling unit development projects submitted pursuant to SB 9, is available; and

WHEREAS, During the effective period of interim Ordinance Nos. 18 -21 and 18 -21-B no applications were received for either lot splits or second dwelling units on single family lots pursuant to SB 9 and staff has had no difficulty con veying or interpreting the interim ordinances for the public; and

WHEREAS, notice of a public hearing on the subject matter was published in a newspaper of general circulation in accordance with Government Code Section 65090; and

WHEREAS, the Planning Commission of the City of Orange finds:

1. That the ministerial approval of lot splits and second dwelling units on single - family residentially-zoned properties is not permanently addressed by the current Subdivision Code or Zoning Code and without appropriate standards, wo uld result in a threat to public peace, health, safety or welfare; and

2. That in the absence of objective standards applicable to lot splits and second dwelling units created by SB 9, there would be a current and immediate threat to the public peace, health, safety and welfare; and

3. That adoption of proposed permanent Ordinance No. XX -23 as set forth herein is necessary to mitigate and avoid the specific adverse impacts stated herein and will help preserve the public peace, health, safety and welfare; and

4. That there is no feasible alternative to satisfactorily mitigate or avoid the specific, adverse impacts stated herein as well or better, with a less burdensome or restrictive effect, than adoption of Ordinance No. XX-23; and

WHEREAS, the Planning Commission of the City of Orange recommends that the City Council of the City of Orange finds that the provisions of this Ordinance are consistent with the City of Orange General Plan; and

WHEREAS, this Ordinance has been reviewed for compliance with the California Environmental Quality Act (CEQA), the CEQA Guidelines, and the City’s environmental procedures, and has been found to be exempt, consistent with the findings in Section 2 of Planning Commission Resolution No. PC 13-23; and

WHEREAS, the Planning Commission, having considered the proposed revisions to the Orange Municipal Code (OMC) at a public hearing held on October 2, 2023, including review of the staff report, and having received public testimony on the item, has determined the proposed Ordinance incorporates reasonable development standards for lot split and second dwellin g unit development projects submitted pursuant to SB 9, and the Ordinance would promote orderly development in the City, and recommends approval thereof; and 405
Resolution No. PC 13-23

NOW, THEREFORE, BE IT RESOLVED that the Planning Commission recommends that the City Council adopt the Ordinance attached hereto as Attachment A, based on the following:

SECTION 1- FINDINGS

Given the effectiveness of interim Ordinance Nos. 18 -21 and 18 -21-B for deterring deleterious effects of SB 9 , the Planning Commission of the City of Orange finds that a permanent ordinance, with the standards of interim Ordinance Nos. 18 -21 and 18 -21-B, to impose reasonable and objective regulations and development standards on lot split and second dwelling unit development projects submitted pursuant to SB 9 is necessary to prote ct and preserve the public peace, health, safety and welfare of the public.

Proposed Ordinance No. XX-23 would amend existing provisions of the OMC in support of the goals and policies outlined in the General Plan Land Use, Public Safety , Infrastructure, Urban Design, and Housing Elements. Spec ific anticipated General Plan goal and policy -related accomplishments of the SB 9 Ordinance include:

• Maintain a land use structure that balances jobs and housing with available infrastructure and public and human services.
• Balance economic gains from new development while preserving th e character and densities of residential neighborhoods.
• Ensure that new development reflects existing design standards, qualities, and features that are in context with nearby development.
• Minimize effects of new development on the privacy and character of surrounding neighborhoods.
• Ensure that new development is compatible with the style and design of established structures and the surrounding environment.
• Encourage consistent high qua lity design of development projects, and provide development standards t hat ensure building and site design that is well integrated with infrastructure and circulation systems.
• Restrict development in areas where exposure to hazards such as flood, erosion, liquefaction, dam failure, hazardous mat erials, and toxic gases cannot be mitigated to reduce risk to residents and liability to the City.
• Establish and maintain optimal emergency response times for fire safety. Require new development to ensure that City response times and service standards are maintained. • Ensure that the Fi re Department has sufficient capacity, stations, personnel, and equipment to meet growth needs in the City for fire protection and related emergency services.
• Provide the Police Depart ment with a dequate personnel, equipment a nd state -of-the-art technology to effectively combat crime, meet existing and projected service demands, and provide crime prevention programs. These resources should be provided prior to anticipated needs.
• Promote and integrate crime-preventive characteristics and design features into all phases of the planning and development process.
406
Resolution No. PC 13-23

• Provide sufficient levels of water, sewer, and storm drain service throughout the community.
• Require that new development s fund fair -share cost s associated with City provisi on of water, sewer, and storm d rain service and are consistent with City and service provider plans to complete needed improvements and funding capacity for such improvements. • Require that new development s fund fair -share cost s associated with City provisi on of right-of-way maintenance services and are consistent with City and service provider plans to complete needed improvements and funding capacity for such improvements. • Encourage consistent high quality design of development projects, and provide development standards that ensure bui lding and site design that is well integrated with infrastructure and circulation systems.
• Ensure that new infill development contributes posi tively to the quality of the surrounding corridor or neighborhood, including the po tential to provide additional p ark space, and minimize the visibility of on-site parking.
• Promote housing opportunities for all persons regardless of race, religion, sex, anc estry, national origin, or color.

SECTION 2-ENVIRONMENTAL REVIEW

As stated in th e California Department of Hous ing and Community Development SB 9 Fact Sheet: “…the preparation and adoption of the ordinance is not considered a project under CEQA.

In other words, the preparation and adoption of the ordinance is statutorily exempt from CEQA.” The subject Ordinance is exempt from the provisions of the California Environmental Quality Act (CEQA) per State CEQA Guidelines 15060(c)(2), 15060(c)(3) and 15061(b)(3) because it will not result in a direct or reasonably foreseeable indirect physi cal change in the environment, because there is no possibility it will have a significant effect on the environment, and it is not a "project", as defined in Section 15378 of the State CEQA Guidelines. I n the unlik ely event the Ordinance would constitute a project under CEQA, it is exe mpt from the provisions of CEQA per State CEQA Guideline 15321 (Class 21, Enforcement Actions by Regulatory Agencies) because it is an action taken by the City as a regulato ry agency, as authorized by local ordinance, to regulate as authorized by SB 9, the processing of lot splits and applications for construction of second dwelling units in single-family residential zones in order to prevent a public nuisance. As such, no fu rther analy sis is warr anted or required. The proposed Ordinance is exempt from CEQA per Guideline 15061(b)(3) because it can be seen with certainty, after rev iew and evaluation of the facts regarding parking standards in the City of Orange, that there is substantial evidence that adoption of this Ordinance would not have a significant ef fect on the environment and the common sense exemption applies.

ADOPTED this 2nd day of October 2023.

Rick Martinez, Planning Commission Vice Chair

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Resolution No. PC 13-23

I hereby certify that the foregoing Resolution was adopt ed by the Planning Commission of the City of Ora nge at a regular meeting thereof held on the 2nd day of October 2023, by the following vote:

AYES: Commissioner’s Martinez, Simpson, Vejar, Maldanado, Tucker, and McCormack NOES: None
ABSENT: Vazquez

Anna Pehoushek
Assistant Community Development Director

408
Agenda Item
Planning Commission
Item #: 4.1. 10/2/2023 File #: 23-0663
TO: Chair and Members of the Planning Commission
THRU: Anna Pehoushek, Assistant Community Development Director FROM: Chad Ortlieb, Principal Planner

1. SUBJECT
Continued public hearing to consider an ordinance amending Titles 16 and 17 of the Orange Municipal Code to enact definitions and development standards applicable to lot splits and second dwelling units in single-family residential zones allowed as a result of Senate Bill 9, and a finding of CEQA exemption. (Continued from September 7, 2023)

2. SUMMARY
Senate Bill 9 (SB 9), effective January 1, 2022, regulates development of single-family zoned (R1) property by allowing both the splitting of single-family (R1) zoned property into two lots and constructing two single-family residences on each single-family zoned lot. The proposed permanent Ordinance implements development standards, to the extent allowed under SB 9, regulating lot splits and second unit development in R1 zones.

3. RECOMMENDED ACTION
Adopt Planning Commission Resolution No. 13-23 entitled:

A Resolution of the Planning Commission recommending that the City Council of the City of Orange adopt an ordinance amending Title 16 and Title 17 of the Orange Municipal Code enacting ministerial standards applicable to lot splits in single-family residential zones allowed as a result of SB 9, enacting ministerial standards applicable to the location, access size and setback of second dwelling units in single-family residential zones, and revising definitions to clarify said development standards.

4. PROJECT DESCRIPTION
Planning Commission consideration of this SB 9 ordinance was continued from the September 7, 2023, Planning Commission meeting. The information in the September 7, 2023, staff report remains the same with the exception of the changes noted in the attached memo (Attachment 1). The revised ordinance (Attachment 2) and a detailed record of changes (Attachment 3) are included.

5. ATTACHMENTS
· Attachment 1 - Planning Commission Memo
City of Orange Printed on 9/28/2023Page 1 of 2
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9409
Item #: 4.1. 10/2/2023 File #: 23-0663
· Attachment 2 - SB 9 Ordinance
· Attachment 3 - Updated Attachment 3 - Zoning Code Text Amendment Revisions City of Orange Printed on 9/28/2023Page 2 of 2
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10410
Agenda Item
Planning Commission
Item #: 4.1 10/2/2023 File #: 23-0663
TO: Chair and Members of the Planning Commission
THRU: Anna Pehoushek, Assistant Community Development Director FROM: Chad Ortlieb, Principal Planner

1. SUBJECT
Public Hearing: An ordinance amending Titles 16 and 17 of the Orange Municipal Code to enact definitions and development standards applicable to lot splits and second dwelling units in single- family residential zones allowed as a result of Senate Bill 9, and a finding of CEQA exemption.

2. SUMMARY
Senate Bill 9 (SB 9), effective January 1, 2022, regulates development of single-family zoned (R1) property by allowing both the splitting of single-family (R1) zoned property into two lots and constructing two single-family residences on each single-family zoned lot. The proposed permanent Ordinance implements development standards, to the extent allowed under SB 9, regulating lot splits and second unit development in R1 zones.

3. PROJECT DESCRIPTION
Planning Commission consideration of this SB 9 ordinance was continued from the September 7, 2023, Planning Commission meeting. The information in the September 7, 2023, staff report remains the same with the exception of the changes noted in the attached memo (Attachment 1). The revised ordinance (Attachment 2) and a detailed record of changes (Attachment 3) are included.

4. ATTACHMENTS
· Attachment 1 - Planning Commission Memo
· Attachment 2 - SB 9 Ordinance
· Attachment 3 - Updated Attachment 3 - Zoning Code Text Amendment Revisions City of Orange Printed on 9/28/2023Page 1 of 1
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11411
City of Orange
Community Development Department
Printed on recycled paper 4/01
Memo

To: Planning Commission
Through: Anna Pehoushek, Assistant Community Development Director From: Chad Ortlieb, Principal Planner
Date: September 28, 2023
Re: Continued Public Hearing from September 7, 2023 to consider an ordinance amending Titles 16 and 17 of the Orange Municipal Code to enact definitions and development standards applicable to lot splits and second dwelling units in single-family residential zones allowed as a result of Senate Bill 9.

The subject SB 9 ordinance was continued from the Planning Commission’s September 7, 2023 meeting to their October 2, 2023 meeting to enable staff a dditional time to evaluate the City’s needs within the ordinance. The staff report remains accurate but the following ordinance changes have been made:

• Recitals deemed unnecessary have been removed from the ordinance. • Added language that SB 9 lot splits shall include a condition for parking pursuant to the SB 9 statute.
• Language has been clarified for exempting SB 9 units from Minor Site Plan Review when access easements are created to accommodate their construction. • Added language that SB 9 units may not be conveyed separately, including via condominium maps.
• Added language that lots created pursuant to SB 9 may be conveyed separately and structures may be separated on resulting lots to accommodate the lot split.

Attachments include the revised ordinance and a list of changes to the Orange Municipal Code organized by text remaining unchanged, text that was changed for the City Council’s approved interim ordinance , and text that has changed between now and the or iginal September 7, 2023 Planning Commission staff report.

Attachments: SB 9 Ordinance
Updated Attachment 3 - Zoning Code Text Amendment Revisions 12412
Ord. No. 1
ORDINANCE NO. XX-23

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF ORANGE AMENDING TITLE 16 (SUBDIVISIONS) AND
TITLE 17 (ZONING) OF THE ORANGE MUNICIPAL CODE

BY ENACTING MINISTERIAL STANDARDS APPLICABLE

TO LOT SPLITS IN SINGLE -FAMILY RESIDENTIAL
ZONES ALLOWED AS A RESULT OF SB 9, ENACTING

MINISTERIAL STANDARDS APPLICABLE TO THE

LOCATION, ACCESS, SIZE AND SETBACK OF SECOND

DWELLING UNITS IN SINGLE -FAMILY RESIDENTIAL
ZONES ALLOWED AS A RESULT OF SB 9, AND ADDING

AND REVISING DEFINITIONS TO CLARIFY SAID
DEVELOPMENT STANDARDS.

WHEREAS, the Governor of the State of California signed into law legislation (“SB 9”), effective January 1, 2022, which requires the City to ministerially approve certain applications for a lot split on a single -family residentially-zoned property, which allows the creation of two half - sized lots where there was previously one lot; and

WHEREAS, SB 9 also requires the City to ministerially approve certain applications to build a second unit on a single -family residentially-zoned property, which allows two residential dwellings on a single -family (R-1) lot where there was previously only one dwelling permitted; and

WHEREAS, the single -family residential (R -1) zones in the City, which include neighborhoods with lots ranging from 6,000 to 20,000 squar e feet, one acre, and one -and-a-half acres and up, were thoughtfully planned based on the goals of the General Plan of the City, the quality of life in single -family residential neighborhoods, the public safety resources, the utility and transportation infrastructure, City recreational resources, including parks and libraries, school district considerations, and many other elements associated with sound and established planning practices; and

WHEREAS, the City’s Zoning Code and General Plan also designate numerous duplex and multi-family residential zones allowing higher density housing opportunities, that were also carefully planned to ensure a high quality of life in multi-family residential neighborhoods, access to public safety resources, an efficient utility and transportation infrastructure, and an appropriate level of City recreational, park and library resources; and

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Ord. No. 2
WHEREAS, SB 9 allows the City to impose certain objective requirements regulating said applications to split and/or to build a dditional residential units on a single -family residentially- zoned property; and

WHEREAS, on December 14, 2021, the City Council adopted interim Ordinance No. 18- 21, imposing development standards on lot split and second dwelling unit development projects submitted pursuant to SB 9, which Ordinance was effective for forty-five days; and on January 11, 2022, the City Council extended interim Ordinance No. 18 -21 for an additional ten months and fifteen days, until December 13, 2022; and

WHEREAS, on November 15, 2022, the City Council extended interim Ordinance No. 18-21 with the adoption of interim Ordinance 18-21-B, continuing the imposition of development standards on lot split and second dwelling unit development projects submitted pursuant to SB 9, for an additional year, until December 13, 2023; and

WHEREAS, pursuant to Government Code Section 65858(a), no further extension of the interim Ordinance imposing development standards on lot split and second dwelling unit development projects submitted pursuant to SB 9, is available; and

WHEREAS, during the effective period of interim Ordinance Nos. 18-21 and 18-21-B no applications were received for either lot splits or second dwelling units on single family lots pursuant to SB 9; and

WHEREAS, on ____________, at a regularly scheduled public hearing noticed in accordance with Government Code Section 65090, the Planning Commission of the City of Orange recommended by a vote of X to X that the City Council of the City of Orange adopt Ordinance No. XX-23 imposing development standards on lot split and second dwelling unit development projects submitted pursuant to SB 9, is available; and

WHEREAS, notice of a City Council of the City of Orange public hearing on the subject matter was published in a newspaper of general circulation in accordance with Government Code Section 65090; and

WHEREAS, the City Council of the City of Orange public hearing was held on October 24, 2023, to consider Ordinance No. XX-23; and

WHEREAS, this Ordinance has been reviewed for compliance with the California Environmental Quality Act (CEQA), the CEQA Guidelines, and the City’s environmental procedures, and has been found to be exempt, consistent with the findings in Section XIX of this interim Ordinance; and

WHEREAS, the City Council having considered the proposed revisions to the Orange Municipal Code (OMC) at a public hearing held on _____________, including review of the staff report, and having received public testimony on the item, therefore determine that Ordinance No.

XX-23 inco rporates reasonable development standards for lot split and second dwelling unit development projects submitted pursuant to SB 9, and the Ordinance would promote orderly 14414
Ord. No. 3
development in the City necessary for the preservation of the public peace, health, sa fety and welfare of the community; and

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ORANGE DOES HEREBY ORDAIN AS FOLLOWS:

SECTION I:

That the recitals and findings contained herein are true and correct, incorporated herein, and with the public record, form the basis for the extension of this interim Ordinance.

SECTION II:

Section 16.08.010 .E of the Orange Municipal Code, “Subdivisions – Maps – General Provisions,” is hereby amended to read as follows:

E. The advisory agency with the power of final approval over the tentative parcel map, shall thereupon make a finding that the proposed divis ion of land complies with all requirements of the Subdivision Map Act or this title, and all other resolutions and ordinances of this City, including, but not limited to, requirements concerning area, improvements and design, floodwater drainage control, a ppropriate improved public roads, sanitary disposal facilities, water supply availability, public safety facilities and environmental protection. For parcel maps submitted pursuant to SB 9, the Community Development Director shall approve or deny the application for a parcel map for an urban lot split ministerially without discretionary review.

SECTION III:

The title of Section 16.12.030 of the Orange Municipal Code, “Subdivisions – Procedure – Tentative Parcel Map – Staff Review Committee Approval,” is h ereby amended to read as follows:

16.12.030 Tentative Parcel Map — Approval or Denial.

SECTION IV:

Section 16.12.030 of the Orange Municipal Code, “Subdivisions – Procedure – Tentative Parcel Map –Approval or Denial,” is hereby amended to add the following:

E. The Community Development Director shall have authority to approve all parcel map applications for an urban lot split proposed in a single-family residential zone, pursuant to SB

9. Approval shall be a ministerial action without discretionary review.

1. For approval of a parcel map , the Community Development Director shall find the following:

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Ord. No. 4
a. The parcel map subdivides an existing parcel to create no more than two (2) new parcels of approximately equal lot area provided that one parcel shall not be smaller than 40 percent of the lot area of the original parcel proposed for subdivision.

b. Both newly created parcels are no smaller than 1,200 square feet.

c. The parcel being subdivided meets all the following requirements:

i. The parcel is located within a single-family residential zone.

ii. The parcel meets all requirements of Section

17.13.040.GGG.1.

iii. The parcel has not been established through prior exercise of an urban lot split as provided for in SB 9.

iv. Neither the owner of the parcel being subdivided nor any person acting in concert with the owner has previously subdivided an adjacent parcel using an urban lot split as provided for in SB 9.

v. The parcel map conforms to all applicable objective
requirements of the Subdivision Map Act (commencing with Section 66410), except as otherwise expressly provided in SB 9.

d. In furtherance of the intent of SB 9 to create dwelling units, plans for units on a lot und ergoing a parcel map application shall have received approval through the building permit plan check process and be ready for building permit issuance concurrently with final parcel map approval.

2. The Community Development Director shall place the following conditions on approval of the parcel map, as appropriate:

a. A requirement for e asements for the provision of public safety services and facilities.

b. A requirement that the parcels have access to, provide access to, or adjoin the public right-of-way.

c. A requirement for off-street parking pursuant to the single-family residence parking requirement specified in Table 17.34.060.A , except as otherwise expressly provided under SB 9.

d. A requirement that the uses allowed on the lots be limited to residential uses.

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Ord. No. 5

3. The City shall not require dedications of rights-of-way or the construction of offsite improvements for the parcels being created as a condition of issuing a parcel map.

4. The authority for denial of a parcel map submitted pursuant to SB 9 is the building official. For denial of a parcel map the building official shall make a written finding, based upon a preponderance of the evidence, that the proposed housing development project would have a specific, adverse impact, as defined and determined in Government Code Section 65589.5(d)(2), upon public health and safety or the physical environment, for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact.

SECTION V:

Section 16.1 6.020 of the Orange Municipal Code, “Subdivisions – Requirements- Dedications-Fees – Street, Alley and Easement Dedications ,” is hereby amended to add the following:

E. The City shall not require dedications of rights-of-way or the construction of offsite improvements for parcels created pursuant to SB 9. Easements for public safety services and facilities for such parcels may be required by the Community Development Director.

SECTION VI:

Section 16.16.170 of the Orange Municipal Code, “Subdivisions – Requirements- Dedications-Fees – Soils Report Required,” is hereby amended to add the following:

D. For parcel maps submitted pursuant to SB 9, with residential units connected to an onsite wastewater treatment system, the applicant may submit a percolation test completed within the last five (5) years, or, if the percolation test has been recertified, within the last ten (10) years.

SECTION VII:

Section 17.04.021 of the Orange Municipal Code, “Zoning – Definitions – “B” Definitions,” is hereby amended 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. For planning development standards purposes, not to be confused with any buil ding code standards, a room may be deemed not a bedroom if a floor to ceiling horizontal distance of at least 7 feet remains open and without any type of door and no closet exists.

SECTION VIII:

Section 17.04.023 of the Orange Municipal Code, “ Zoning – Definitions – “D” Definitions,” is hereby amended to read as follows:
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Ord. No. 6

“Duplex or duplex residential” - An attached or detached building containing two dwelling units wherein the occupants of each individual dwelling unit are living and functioning together as a single housekeeping unit, meaning that they have established ties and familiarity with each other, jointly use common areas, interact with each other, share meals, household activities, expenses and responsibilities, membership in the sing le housekeeping unit is fairly stable as opposed to transient, and members have some control over who becomes a member of the single housekeeping unit. A property designated Duplex Residential is neither a single -family nor a multi -family property.

SECTION IX:

Section 17.04.025 of the Orange Municipal Code, “Zoning – Definitions – “F” Definitions,” is hereby amended to read as follows:

“Floor area ratio” (F.A.R. or FAR) - The building square footage divided by lot area.

Building square footage shall include all structures on a lot, including garages and accessory structures, unless otherwise provided in this Code. Parking structures and patio covers open on at least two sides shall not be included in the calculation of F.A.R. F.A.R. shall not in clude ADUs but ADUs shall count against future primary building additions and future accessory structures.

SECTION X:

Section 17.04.031 of the Orange Municipal Code, “Zoning – Definitions – “L” Definitions,” is hereby amended to read as follows:

LOT LINE, FRONT - In the case of an interior lot, the line dividing the lot from the street.

In the case of a corner lot or through lot, the shorter lot line abutting a street shall be deemed the front lot line and the longer lot line abutting a street shall be deemed an exterior side, unless determined otherwise by the Zoning Administrator. In the case of a through lot or a corner lot whose exterior lot lines are the same length, the lot line where the principal access to the lot is provided shall be deemed to be the front lot line. In the case of an interior lot, w hen the lot line abutting a street is curved, the front lot line follows the curve; for corner lots, separation of lines occurs at the middle of the curve. For a flag lot, the front lot line is the shortest lot line adjoining the pole portion of the lot including the width of the pole as shown in the figure that follows.

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Ord. No. 7
SECTION XI:

Section 17.04.038 of the Orange Municipal Code, “Zoning – Definitions – “S” Definitions,” is hereby amended to read as follows:

“Story, half” - One half-story as opposed to full story buildings are structures in which the top floor area is within the established roof line, and room heights within the half -story space conform to the California Building Code regulatio ns for “habitable” space. The building has two floors of habitable rooms but appears as a one story structure from an architectural standpoint. The half-story may contain dormers. Within the Old Towne or established Historic District, the habitable space for the expansion of existing half -story structures and/or the new construction of half-story structures, including any dormers, shed roofs, and unfinished areas, shall not exceed sixty (60) percent of the gross floor area of the floor below.

“Story, habitable” - A story maintaining room heights conforming to the California Building Code regulations for “habitable” space. Height -qualifying habitable stories shall be considered a story regardless of interior finish status.

SECTION XII:

Section 17.10.060.D.1.b of the Orange Municipal Code, “Zoning – Specific Administrative Procedures – Site Plan Review – Minor Site Plan Review - Criteria,” is hereby amended to read as follows:

b. Construction of six (6) or fewer residential units on a single parcel, when only one parcel is being developed. Units constructed in single -family (R -1) districts pursuant to SB 9 shall not require site plan review under this section.

SECTION XIII:

Section 17.10.060.D.1.f of the Orange Municipal Code, “Zoning – Specific Administrative Procedures – Site Plan Review – Minor Site Plan Review - Criteria,” is hereby amended to read as follows:

f. Creation of lots or building sites with no direct access to a public street except for those units with access easements created to accommodate the construction of units pursuant to SB 9.

SECTION XIV:

Section 17.10.070.B.7 of the Orange Municipal Code, “Zoning – Specific Administrative Procedures – Design Review – When Design Review is Required - Exception,” is hereby added to read as follows:

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Ord. No. 8

7. Exception. Units created in a single-family (R-1) residential zone pursuant to SB 9 shall not require design review but shall instead meet all objective design review standards specified in Section 17.13.040.GGG and Chapter 17.14.

SECTION XV:

Table 17.13.030 of the Orange Municipal Code, “ Zoning – Master Land Use Table – Permitted Uses,” is hereby amended to add the following:

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Ord. No. 18-21 8 MEB
Table 17.13.030 Permitted Uses.

ZONING

RESIDENTIAL

COMMERCIAL

MIXED USE

INDUSTRIAL

AGRICULTURAL

OPEN SPACE

PI

OVERLAY
SAND &
GRAVEL
LAND
USE
R1-5
R1-6
to
R-15
R1-20 to
R-140 &
R1-R
R2-6 to
R2-8
R-3
R-4
MH
OP
CP/C1
CTR
C2
C3
CR
OTMU-15S
OTMU-15
OTMU-24
NMU-24
UMU
M1
M2
A1
RO
SH
PI
FP-1
FP-2
SG
Housing—Includes all structures permitted as living quarters whether they be for short or long-term occupancy. Includes all uses identified in California Building Code definitions that are preceded with main entry words (key terms) that include one of the following: Dwelling, unit, house, housing, congregate, residence, multifamily, dormitory, home(s), hotel, motel, residential care facility, residential facility, or lodging.

Single-
family
dwelling
P# P P P P P - P - - - - - P* P* P* - - - - P - - - - - - Single-
family
dwelling
created
pursuant
to SB 9
P* P* P* - - - - - - - - - - - - - - - - - - - - - - - -

21421
22422
Ord. No. 18-21 9 MEB

SECTION XVI:

Section 17.13.040 of the Orange Municipal Code, “ Zoning – Master Land Use Table – Special Use Regulations,” is hereby amended to add the following:

GGG. Single-family Dwelling Created Pursuant to SB 9.

1. Approval shall be subject to the proposed housing development meeting all the requirements of SB 9 which include:

a. The parcel is not located on a site specified in subparagraphs (B) to (K), inclusive, of Government Code Section 65913.4(a)(6) as summarized below:

i. Prime farmland, farmland or statewide importance, or land that is zoned or designated for agricultural protection or preservation by the voters.

ii. A wetland

iii. Within a very high fire hazard severity zone, unless the site complies with all fire-hazard mitigation required by existing building standards.

iv. A hazardous waste site that has cleared the site for residential use or residential mixed uses.

v. Within a delineated earthquake fault zone unless the development complies with applicable seismic protection building code standards.

vi. Within a 100 year flood hazard area, unless it has either:
(I) Been subject to a Letter of Map Revision prepared
by the Federal Emergency Management Agency and
issued to the local jurisdiction, or
(II) Meets Federal Emergency Management Agency
requirements necessary to meet minimum flood plain
management criteria of the National Flood Insurance
Program.

vii. Within a regulatory floodway unless the development has received a no-rise certification.

viii. Land identified for conservation in an adopted natural community conservation plan or other adopted natural resource protection plan.

ix. Habitat for protected species.
x. Land under conservation easement.

23423
Ord. No. 10
b. The proposed housing development would not require demolition or alteration of any of the following types of housing:

i. Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income.

ii. Housing that has been occupied by a tenant in the last three (3) years.

c. The parcel subject to the proposed housing development is not a parcel on which an owner of residential real property has exercised the owner’s rights under Chapter 12.75 (commencing with Section 7060) of Division 7 of Title 1 to withdraw accommodations from rent or lease within 15 years before the date that the development proponent submits an application.

d. Notwithstanding any provision in the Orange Municipal Code to the contrary, the proposed housing development does not allow the demolition of more than 25 percent of the existing exterior structural walls, unless the site has not been occupied by a tenant in the last three (3) years.

e. The development is not located within a historic district or property included on the State Historic Resources Inventory, as defined in Section 5020.1 of the Public Resources Code, or within a site that is designated or listed as a city or county landmark or historic property or district pursuant to a city or county ordinance.

2. The proposed housing developme nt may be denied if the building official makes a written finding, based upon a preponderance of the evidence, that the proposed housing development project or urban lot split would have a specific, adverse impact, as defined and determined in Government Code Section 65589.5(d)(2), upon public health and safety or the physical environment, for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact.

3. The ministerial approval may include the conditi ons for a parcel map specified in section 16.12.030.E.

4. All rental units shall be rented for a term longer than 30 days.

5. An applicant for a parcel map to create an urban lot split shall sign an affidavit stating their intent to occupy one of the housing units as their principal residence for a minimum of three (3) years from the date of the approval of the urban lot split. Any “community land trust,” as defined in Revenue and Taxation Code Section 402.1(a)(11)(C)(ii), or a “qualified nonprofit c orporation” as described in Revenue and Taxation Code Section 214.15, shall be exempt from the affidavit.

6. Separate conveyance of units and lots shall be subject to the following:
a. Within a lot resulting from a lot split or where units are placed on an undivided lot:
i. Primary dwelling units on a lot that is created by an urban lot split may not be owned or conveyed separately from each other. 24424
Ord. No. 11
ii. Condominium airspace divisions and common interest developments are not permitted on a lot that is created by an urban lot split. iii. All fee interest in a lot and all dwellings on the lot must be held equally and undivided by all individual property owners. b. Between resulting lots:
i. Separate conveyance of the resulting lots is permitted. If dwellings or other structures (such as garages) on different lots are adjacent or attached to each other, the urban lot split boundary may separate them for conveyance purposes if the structures meet building code safety standards and are sufficient to allow separate conveyance.

7. All development, design, and parcel map standards in this section and in Chapter

17.14 shall be applied to units created under SB 9, provided that at least an 800 square foot unit is allowed to be constructed.

8. The following objective design standards shall apply to all single-family dwellings created pursuant to SB 9 and to associated on -site improvements:

a. Units with identical building elevations and/or floor plans shall not be located on adjacent lots or directly across the street from each other.

b. Design elements and detailing shall be continued completely around the structure. Such design elements shall include window treatments, trim detailing, exterior wal l materials, and color pallet. Firewalls are not exempt from the required design elements.

c. At least two (2) building materials shall be used on any building frontage (excluding roof and foundation) in addition to glazing and railings. Any one mater ial shall comprise at least 20% of the building frontage.

d. At least two (2) exterior colors shall be used. Elements that count toward this requirement include cladding material, trim/accent colors, and visually significant colors for doors, and similar elements. Primary colors shall be used as accent colors only.

e. Trash receptacles locations shall be identified on project plans and shall demonstrate screening from public view via equivalent -height landscaping or a solid wall or fence.

f. The main entry shall not be the garage door and shall be prominently placed on the elevation facing the street.

g. Linear streetscape appearance in the building facade shall be avoided by providing variations in horizontal plane in a minimum of 50% of the building front and street side elevations. Variations shall include indentations, recesses, or projections of two (2) feet or greater.

Vertical architectural elements (pilasters, columns, piers, other structural elements) shall vertically 25425
Ord. No. 12
project a minimum of eight (8) feet in height and project a minimum of eight (8) inches from the building face.

h. Units shall include a minimum three (3) element(s) from the following list to add visual variety and interest to building facades and enhance the conne ction between public and private realms: eaves, cornices, trellises, overhangs, exposed structural elements such as rafters, recessed windows, columns, bay windows. Other elements may be approved if they provide equivalent visual variety and interest.

i. Primary interior living spaces (bedroom and living areas) shall be offset a minimum eight (8) feet from a facing neighboring primary interior space on the same story.

j. A minimum eight (8) feet shall be maintained between any primary interior living space (bedroom and living area) and an existing neighboring primary living space on the same story.

k. Trim surrounds shall be provided at all exterior window and door openings. Trim shall be substantial, visible, and at least two (2) inches in dep th.

l. Classical window proportions shall be provided such as 2:1, 3:2, or 4:3.

m. No building facade may extend in a continuous plane for more than 20 feet without a window, door, variation in horizontal plane, or vertical architectural element.

n. A minimum three (3) foot wide interior clear planter width landscaping shall be provided between the closest parallel property line to a driveway and the subject property. For flag lots, the planter shall only be required adj acent to the property not part of the project. Within the planter area, landscaping shall be maintained at a height of no greater than 42 inches to allow for line of sight to pedestrians and motorists for vehicles exiting the driveway.

o. Driveways to required parking shall not be asphalt, shall be a minimum 12 feet in width, and shall be concrete, pavers, stone, brick, or similar material. No driveway shall be allowed for units that do not require an on -site covered parking space and are not electing to include covered parking. Controlled or restricted entrances to required or provided parking are prohibited.

SECTION XVII:

Section 17.14.060 of the Orange Municipal Code, “Zoning – Residential Districts – Reserved,” is hereby replaced with the following:

17.14.060 - Units Created in a Single-family (R-1) Residential Zone Pursuant to SB 9.

26426
Ord. No. 13
The development standards specified in Section 17.13.040.GGG and Table 17.14.060 shall apply to dwelling units created under SB 9. In addition, the following shall apply:

A. In the event development standards physically preclude the construction of up to two (2) units or preclude either of the two (2) units from being at least 800 square feet in floor area, a minimum 800 square foot unit shall be allowed with code waivers chosen and authorized by the Community Development Director based on prioritizing preservation of neighborhood character and privacy to adjacent properties. The Director may consider waivers such as, but not limited to:

1. Allowing half basement construction to facilitate two-story construction no greater than 16 feet tall.

2. Allowing a reduced front yard setback.

3. Reducing distancing from an existing structure on the original parcel.

B. Parking shall be provided as specified in Chapter 17.34

C. One (1) bedroom is allowed for each five hundred (500) square foot increment of unit square feet. Increments are roun ded up, e.g., a 1,001 square foot unit may have 3 bedrooms. Bedroom and bathroom square feet shall be limited to no greater than 63.5% of the total square feet of the unit.

Direct exterior access to bedrooms is prohibited, except for the largest bedroom.

D. All accessory structures, including garages, shall be subject to the provisions of Title 17, including but not limited to setbacks, floor area ratio, lot coverage, distancing from other structures, ratio of structures to dwelling, open space, and height.

Table 17.14.060

RESIDENTIAL DEVELOPMENT STANDARDS FOR UNITS CREATED IN A SINGLE- FAMILY (R-1) RESIDENTIAL ZONE PURSUANT TO SB 9
[See next page]

27427
28428
Ord. No. 18-21 15 MEB
Table 17.14.060
RESIDENTIAL DEVELOPMENT STANDARDS FOR UNITS CREATED IN A SINGLE-FAMILY (R-1) RESIDENTIAL ZONE PURSUANT TO SB 9
District Maximum
Units Per Lot
Minimum
Lot Area in
Sq. Ft. (a)
Minimum
Lot Area Per
Unit in Sq.

Ft. (a)
Minimum
Lot Frontage
in Feet (b)
Minimum
Lot Depth in
Feet
Minimum Yard Setback in Feet
(c)(d)(e)
Maximum
Height (Feet-
Stories)
whichever
height is less
Maximum
Floor Area
Ratio (f)
Minimum
Usable Open
Space in Sq.

Ft.

Front Side Rear
All R1
districts
4 (i) 1,200 (a) 30 40 20 4 4 16′ -1 story N/R (g) (h) N/R = No requirement

(a) If the lot is created by a new parcel map and the parcel map subdivides an existing parcel to create no more than two (2) new parcels, the parcels shall be of approximately equal lot area, provided that one parcel shall not be smaller than 40% of the lot area of the original parcel proposed for subdivision. No lot shall be smaller than 1,200 square feet.
(b) The required width of the pole segment of a flag lot, or easement for access to a lot with required parking, shall be 15 feet, which includes the required 12-foot driveway width and a three-foot property line landscape buffer. Such width is also required for lots without required driveways and parking. A lesser or greater easement width may be authorized by the Community Development Director based on evidence justifying the adjustment. Units located further than Fire Department hose pull reach requirements shall provide a 20-foot wide easement for emergency vehicle access and a paved surface meeting Fire Code weight bearing requirements. (c) No setback shall be required for an existing structure or a structure constructed in the same location and to the same dimensions as an existing structure. (d) An application shall not be rejected solely because it proposes adjacent or connected structures provided that the structures meet building code safety standards and are sufficient to allow separate conveyance. Therefore, connected units may be authorized, including units connected to units on an adjacent lot pursuant to SB 9. (e) Garages are accessory structures. Attached garages shall adhere to setback requirements of each respective zoning district in Table 17.14.070. Detached garages and accessory structures shall adhere to the requirements of Section 17.14.160. (f) Where accessory structures are proposed or exist, including attached or detached garages, the maximum Floor Area Ratio (FAR) for accessory structures shall be calculated by combining the sum of square feet of the proposed unit, any existing units, and all accessory structures, and shall be limited by the district maximum FAR specified in Table 17.14.070.
29429
Ord. No. 16
(g) In lieu of a Floor Area Ratio requirement, each unit shall be limited in square feet based on lot size as follows:

Lot Area in Square
Feet
Maximum Unit
Square Feet*
1,200 – 4,999 800 square feet
5,000 – 5,999 800 square feet
6,000 – 6,999 800 square feet
7,000 – 7,999 800 square feet
8,000 – 9,999 850 square feet
10,000 – 11,999 900 square feet
12,000 – 14,999 950 square feet
15,000 – 19,999 1,000 square feet
20,000 – 39,999 1,100 square feet
40,000 and greater 1,200 square feet
* Existing units may maintain existing FAR and lot coverage but any expansion shall comply with development standards in Table 17.14.070 (h) Minimum usable open space, as defined in Section 17.04.034, shall require the following square feet per district:

District
Minimum
Usable Open
Space in Sq.

Ft. (q)
R1-5 1,000 sf
R1-6 1,100 sf
R1-7 1,100 sf
R1-8 1,200 sf
R1-10 1,200 sf
R1-12 1,300 sf
R1-15 1,700 sf
R1-20 2,500 sf
R1-40 2,500 sf
30430
Ord. No. 17
(i) Up to four (4) units are allowed which may consist of two (2) units on a lot or a primary dwelling and an accessory dwelling unit on a lot .However, all units must meet safety needs and all specified development standards.
31431
32432
Ord. No. 18-21 17 MEB
SECTION XVIII:

Table 17.14.070 of the Orange Municipal Code, “ Zoning – Residential Districts – Residential Development Standards,” is hereby amended to read as follows:

Table 17.14.070

RESIDENTIAL DEVELOPMENT STANDARDS
[See next page]
33433
Ord. No. 18-21 18 MEB
Table 17.14.070

RESIDENTIAL DEVELOPMENT STANDARDS
District Units
Per
Lot
Minimum
Lot Area in
Sq. Ft. (x)
Minimum
Lot Area
Per Unit in
Sq. Ft.

Minimum
Lot
Frontage in
Feet (a)
Minimum
Lot Depth in
Feet
Minimum Yard Setback in Feet (b,h) Maximum
Height (Ft.-
Stories)
whichever
is less (g)
Maximum
Floor Area
Ratio (o) or
Lot
Coverage
(p)
Minimum
Usable
Open
Space in
Sq. Ft. (q)
Front Side Rear
R1-5
(aa)
1 5,000(v.1) N/R 50(k) 90 Bld-15
Gar-20 (v.2)
(c,v.2) (v.2) 32′—2
stories
Based on
bldg.
pad(v.3.w)
875 sf
R1-6
(aa)
1 6,000 N/R 60(k) 100 20 5(c) 20(d,e,f) 32′—2
stories(y)
(u) 900 sf

R1-7
(aa)
1 7,000 N/R 60(k) 100 20 5(c) 20(d,e,f) 32′—2
stories
(u) 950 sf

R1-8
(aa)
1 8,000 N/R 60(k) 100 20 5(c) 20(d,e,f) 32′—2
stories
(u) 1,000 sf

R1-10
(aa)
1 10,000 N/R 80(k) 100 20 5(c) 20(d,e,f) 32′—2
stories
(u) 1,000 sf

R1-12
(aa)
1 12,000 N/R 80(k) 100 20 5(c) 20(d,e,f) 32′—2
stories
(u) 1,000 sf

R1-15
(aa)
1 15,000 N/R 80(k) 100 20 5(c) 20(d,e,f) 32′—2
stories
(u) 1,200 sf

R1-20
(aa)
1 20,000 N/R 100(k) 100 20 5(c) 20(d,e,f) 32′—2 stories
(u) 1,500 sf

R1-40
(aa)
1 43,560 N/R 100(k) 100 20 5(c) 20(d,e,f) 32′—2 stories

0.40 FAR 2,000 sf

R1-R
(aa)
1 108,900 N/R 100(k) 100 20 5(c) 20(d,e,f) 32′—2 stories

0.40 FAR 2,000 sf

Notes:
(aa) For all units constructed or lots created pursuant to SB 9, apply the development standards in Table 17.14.060.

34434
Ord. No. 18-21 19 MEB
SECTION XIX:

The first paragraph of Section 17.14.080 of the Orange Municipal Code, “Zoning – Residential Districts – Building Lot Area Requirements,” is hereby amended to read as follows:

Tables 17.14.060 and 17.14.070 indicate the minimum building lot area for individual lots.

The following portions of a lot shall not be included in the minimum building lot calculation:

SECTION XX:

The Single-family Dwelling Use provisions of Table 17.34.060.A of the Orange Municipal Code, “Zoning – Off-Street Parking and Loading – Required Number of Parking Spaces for Residential Uses,” is hereby amended to read as follows:

Table 17.34.060.A

REQUIRED NUMBER OF PARKING SPACES FOR RESIDENTIAL USES

USE REQUIRED NUMBER OF SPACES
Single-
family
Dwelling
2 enclosed garage spaces/unit up to 4 bedrooms accessed by a 12 foo t wide 20 foot long driveway. For 5 or more bedrooms, 1 additional enclosed space which may be in tandem configuration but may not be in a required front yard setback.

For bedroom additions to homes built prior to the effective date of Ordinance 17- 08, refer to Section 17.34.020(A). Enclosed spaces demolished or converted in association with construction of an accessory dwelling unit shall not require replacement.

For PUDs, units with 3 or more bedrooms shall provide an additional 1.5 guest parking spaces per dwelling unit. Of this requirement, 1 open parking space may be provided at the residence subject to compliance with Section 17.16.060.

Enclosed spaces demolished or converted in association with construction of an accessory dwelling unit shall not require replacement.

For dwelling units created under SB 9: one enclosed parking space, accessed by a 12 foot wide 20 foot long driveway, shall be provided for parcels unless they are located within ½ mile walking distance of either a high -quality transit corridor, a major transit stop, or within 1 block of a car share vehicle. No parking space shall be required for parcels within ½ mile walking dist ance of either a high-quality transit corridor, a major transit stop, or within 1 block of a car share vehicle.

SECTION XIX:

Section 17.38.080 of the Orange Municipal Code, “Zoning – Nonconforming Uses – Urban Lot Split (SB 9) Exception to Compliance (Nonconformities),” is hereby added to read as follows:

35435
Ord. No. 20

17.38.080 Urban Lot Split (SB 9) Exception to Compliance (Nonconformities).

The City shall not require the correction of nonconforming zoning conditions as a condition for ministerial approval of a parcel map application for the creation of an urban lot split pursuant to SB 9.

SECTION XXI:

As stated in the California Department of Housing and Community Development SB 9 Fact Sheet: “…the preparation and adoption of the ordinance is not considered a project under CEQA. In other words, the preparation and adoption of the ordinance is statutoril y exempt from CEQA.” The subject Ordinance is exempt from the provisions of the California Environmental Quality Act (CEQA) per State CEQA Guidelines 15060(c)(2), 15060(c)(3) and 15061(b)(3) because it will not result in a direct or reasonably foreseeable indirect physical change in the environment, because there is no possibility it will have a significant effect on the environment, and it is not a "project", as defined in Section 15378 of the State CEQA Guidelines. In the unlikely event the Ordinance would constitute a project under CEQA, it is exempt from the provisions of CEQA per State CEQA Guideline 15321 (Class 21, Enforcement Actions by Regulatory Agencies) because it is an action taken by the City as a regulatory agency, as authorized by local ord inance, to regulate as authorized by SB 9, the processing of lot splits and applications for construction of second dwelling units in single-family residential zones in order to prevent a public nuisance. As such, no further analysis is warranted or required. The proposed Ordinance is exempt from CEQA per Guideline 15061(b)(3) because it can be seen with certainty, after review and evaluation of the facts regarding parking standards in the City of Orange, that there is substantial evidence that adoption of this Ordinance would not have a significant effect on the environment and the common sense exemption applies.

SECTION XXII:

This Ordinance is intended to immediately supersede any existing provisions of the Orange Municipal Code to the extent those existing provisions are inconsistent with this interim Ordinance.

SECTION XXIII:

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 interim Ordinance. The City Council hereby declares that it would have passed this interim 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.

36436
Ord. No. 21
ADOPTED this ____ day of ________________, 2023.

_____________________________________
Daniel R. Slater, Mayor, City of Orange

ATTEST:

________________________________________
Pamela Coleman, City Clerk, City of Orange

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 extension of an interim Ordinance was duly passed and adopted at the regular meeting of the City Council held on the ___ day of ________, 2023 by the following vote, to wit:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

________________________________________
Pamela Coleman, City Clerk, City of Orange
37437
Attachment 3
Zoning Code Text Amendment Revisions

Blue text represents new text, including text previously approved for the interim ordinances by the City Council . Purple text represents changes since the Planning Commission meeting was continued from September 7, 2023. Red strikeout text represents removed text.

Section 16.08.010 General Provisions.

E. The advisory agency with the power of final approval over the tentative parcel map, shall thereupon make a finding that the proposed division of land complies with all requirements of the Subdivision Map Act or this title, and all other resolutions and ordinances of this City, including, but not limited to, requirements concerning area, improvements and design, floodwater drainage control, appropriate improved public roads, sanitary disposal facilities, water supply availability, public safety facilities and environmental protection. For parcel maps submitted pursuant to SB 9, the Community Development Director shall approve or deny the application for a parcel map for an urban lot split ministerially without discretionary review.

Section 16.12.030

16.12.030 Tentative Parcel Map — Staff Review Committee Approval. Approval or Denial.

E. The Community Development Director shall have authority to approve all parcel map applications for an urban lot split proposed in a single-family residential zone, pursuant to SB

9. Approval shall be a ministerial action without discretionary review.

1. For approval of a parcel map the Community Development Director shall find the following:

a. The parcel map subdivides an existing parcel to create no more than two (2) new parcels of approximately equal lot area provided that one parcel shall not be smaller than 40 percent of the lot area of the original parcel proposed for subdivision.

b. Both newly created parcels are no smaller than 1,200 square feet.

c. The parcel being subdivided meets all the following requirements:

i. The parcel is located within a single-family residential zone.

ii. The parcel meets all requirements of Section 17.13.040.GGG.1.

iii. The parcel has not been established through prior exercise of an urban lot split as provided for in SB 9.

38438

iv. Neither the owner of the parcel being subdivided nor any person acting in concert with the owner has previously subdivided an adjacent parcel using an urban lot split as provided for in SB 9.

v. The parcel map conforms to all applicable objective requirements of the Subdivision Map Act (commencing with Section 66410), except as otherwise expressly provided in SB 9.

d. In furtherance of the intent of SB 9 to create dwelling units, plans for units on a lot undergoing a parcel map application shall have received approval through the building permit plan check process and be ready for building permit issuance concurrently with final parcel map approval.

2. The Community Development Director shall place the following conditions on approval of the parcel map as appropriate:

a. A requirement for easements for the provision of public safety services and facilities.

b. A requirement that the parcels have access to, provide access to, or adjoin the public right-of-way.

c. A requirement for off-street parking pursuant to the single-family residence parking requirement specified in Table 17.34.060.A, except as otherwise expressly provided under SB 9.

d. A requirement that the uses allowed on the lots be limited to residential uses.

3. The City shall not require dedications of rights-of-way or the construction of offsite improvements for the parcels being created as a condition of issuing a parcel map.

4. The authority for denial of a parcel map submitted pursuant to SB 9 is the building official.

For denial of a parcel map the building official shall make a written finding, based upon a preponderance of the evidence, that the proposed housing development project would have a specific, adverse impact, as defined and determined in Government Code Section 65589.5(d)(2), upon public health and safety or the physical environment, for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact.

Section 16.16.020 Street, Alley and Easement Dedications.

E. The City shall not require dedications of rights -of-way or the con struction of offsite improvements for parcels created pursuant to SB 9. Easements for public safety services and facilities for such parcels may be required by the Community Development Director.

Section 16.16.170 “Subdivisions – Requirements-Dedications-Fees – Soils Report Required,”

39439

D. For parcel maps submitted pursuant to SB 9, with residential units connected to an onsite wastewater treatment system, the applicant may submit a percolation test completed within the last five (5) years, or, if the percolation test has been recertified, w ithin the last ten (10) years.

Section 17.04.021 “B” Definitions.”
“Bedroom” - means any 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. For planning development standards purposes, not to be confused with any building code standards, a room may be deemed not a bedroom if a floor to ceiling horizontal distance of at least 7 feet remains open and without any type of door and no closet exists.

Section 17.04.023 “D” Definitions.”

“Duplex or duplex residential ” means an - An attached or detached building containing two dwelling units wherein the occupants of each individual dwelling unit are living and functioning together as a single housekeeping unit, meaning that they have established ties and familiarity with each other, jointly use common areas, interact with each other, share meals, household activities, expenses and responsibilities, membership in the single housekeeping unit is fairly stable as opposed to transient, and members have some control over who becomes a membe r of the single housekeeping unit. A property designated Duplex Residential is neither a single -family nor a multi-family property.

Section 17.04.025 “F” Definitions.”

“Floor area ratio” (F.A.R. or FAR) - means the The building square footage divided by lot area.

Building square footage shall include all structures on a lot, including garages and accessory structures, unless otherwise provided in this code Code. Parking structures and patio covers open on at least two si des shall not be included in the calculation of F.A.R. F.A.R. shall not include ADUs but ADUs shall count against future primary building additions and future accessory structures.

Section 17.04.031 “L” Definitions.
“Lot line, front” - means the line separating the narrowest street frontage of the lot from the street right-of-way. In the case of an interior lot, the line dividing the lot from the street. In the case of a corner lot or through lot, the shorter lot line abutting a street shall be deemed the front lot line and the longer lot line abutting a street shall be deemed an exterior side, unless determined otherwise by the Zoning Administrator. In the case of a through lot or a corner lot whose exterior lot lines are the same length, the lot line where the principal access to the lot is provided shall be deemed to be the front lot line. In the case of an interior lot, w hen the lot line abutting a street is curved, the front lot line follows the curve; for corner lots, separation of lines occurs at the middle of the curve. For a flag lot, the front lot line is the shortest lot line adjoining the pole portion of the lot including the width of the pole as shown in the figure that follows.

40440

Section 17.04.038 “S” Definitions.

“Story, half” - means one One half-story as opposed to full story buildings are structures in which the top floor area is within the established roof line, and room heights within the half -story space conform to the Uniform California Building Code regulations for “habitable” space. The building has two floors of habitable rooms but appears as a one story structure from an architectural standpoint. The half -story may contain dormers. Within the Old Towne or established Historic District, the habitable space for the expansion of existin g half -story structures and/or the new construction of half-story structures, including any dormers, shed roofs, and unfinished areas, shall not exceed sixty (60)% percent of the gross floor area of the floor below.

“Story, habitable” - A story maintaining room heights conforming to the California Building Code regulations for “habitable” space. Height -qualifying habitable stories shall be considered a story regardless of interior finish status.

Section 17.10.060.D.1.b and f. “Zoning – Specific Administrative Procedures – Site Plan Review – Minor Site Plan Review – Criteria.”

b. Construction of six (6) or fewer residential units on a single parcel, when only one parcel is being developed. Units constructed in single-family (R-1) districts pursuant to SB 9 shall not require site plan review under this section.

f. Creation of lots or building sites with no direct access to a public street except for those units with access easements created to accommodate the construction of a single-family dwelling in a single-family (R-1) district units pursuant to SB 9.

Section 17.10.070.B.7 “Zoning – Specific Administrative Procedures – Design Review – When Design Review is Required – Exception.”

7. Exception. Units created in a single -family (R-1) residential zone pursuant to SB 9 shall not require design review but shall instead meet all objective design review standards specified in Section 17.13.040.GGG and Chapter 17.14.

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Ord. No. 18-21 8 MEB
Table 17.13.030 “Zoning – Master Land Use Table – Permitted Uses.”

Table 17.13.030 Permitted Uses.

ZONING

RESIDENTIAL

COMMERCIAL

MIXED USE

INDUSTRIAL

AGRICULTURAL

OPEN SPACE

PI

OVERLAY
SAND &
GRAVEL
LAND
USE
R1-5
R1-6
to
R-15
R1-20 to
R-140 &
R1-R
R2-6 to
R2-8
R-3
R-4
MH
OP
CP/C1
CTR
C2
C3
CR
OTMU-155
OTMU-15
OTMU-24
NMU-24
UMU
M1
M2
A1
RO
SH
PI
FP-1
FP-2
SG
Housing—Includes all structures permitted as living quarters whether they be for short or long-term occupancy. Includes all uses identified in California Building Code definitions that are preceded with main entry words (key terms) that include one of the following: Dwelling, unit, house, housing, congregate, residence, multifamily, dormitory, home(s), hotel, motel, residential care facility, residential facility, or lodging.

Single-
family
dwelling
P# P P P P P - P - - - - - P* P* P* - - - - P - - - - - - Single-
family
dwelling
created
pursuant
to SB 9
P* P* P* - - - - - - - - - - - - - - - - - - - - - - - -

42442
43443

Section 17.13.040 “Zoning – Master Land Use Table – Special Use Regulations.”

GGG. Single-family Dwelling Created Pursuant to SB 9.

1. Approval shall be subject to the proposed housing development meeting all the requirements of SB 9 which include:

a. The parcel is not located on a site specified in subparagraphs (B) to (K), inclusive, of Government Code Section 65913.4(a)(6) as summarized below:

i. Prime farmland or farmland of statewide importance, or land that is zoned or designated for agricultural protection or preservation by the voters.

ii. A wetland.

iii. Within a very high fire hazard severity zone, unless the site complies with all fire-hazard mitigation required by existing building standards.

iv. A hazardous waste site that has cleared the site for residential use or residential mixed uses.

v. Within a delineated earthquake fault zone unless the development complies with applicable seismic protection building code standards.

vi. Within a 100 year flood hazard area, unless it has either:
(I) Been subject to a Letter of Map Revision prepared by the Federal Emergency Management Agency and issued to the local jurisdiction, or
(II) Meets Federal Emergency Management Agency requirements necessary to meet minimum flood plain management criteria of the National Flood Insurance Program.

vii. Within a regulatory floodway unless the development has received a no-rise certification.

viii. Land identified for conservation in an adopted natural community conservation plan or other adopted natural resource protection plan.

ix. Habitat for protected species.

x. Land under conservation easement.

b. The proposed housing development would not require demolition or alteration of any of the following types of housing:

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i. Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income.

ii. Housing that has been occupied by a tenant in the last three (3) years.

c. The parcel subject to the proposed housing development is not a parcel on which an owner of residential real property has exercised the owner’s rights under Chapter

12.75 (commencing with Section 7060) of Division 7 of Title 1 to withdraw accommodations from rent or lease within 15 years before the date that the development proponent submits an application.

d. Notwithstanding any provision in the Orange Municipal Code to the contrary, the proposed housing development does not allow the demolition of more than 25 percent of the existing exterior structural walls, unless the site has not been occupied by a tenant in the last three (3) years.

e. The development is not located within a historic district or property included on the State Historic Resources Inventory, as defined in Section 5020.1 of the Public Resources Code, or within a site that is designated or listed as a city or county landmark or historic property or district pursuant to a city or county ordinance.

2. The proposed housing development may be denied if the building official makes a written finding, based upon a preponderance of the evidence, that the proposed housing development project or urban lot split would have a specific, adverse impact, as defined and determined in Government Code Section 65589.5(d)(2), upon public health and safety or the physical environment, for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact.

3. The ministerial approval may include the conditions for a parcel map specified in section 16.12.030.E.

4. All rental units shall be rented for a term longer than 30 days.

5. An applicant for a parcel map to create an urban lot split shall sign an affidavit stating their intent to occupy one of the housing units as their principal residence for a minimum of three (3) years from the date of the approval of the urban lot split. Any “community land trust,” as defined in Revenue and Taxat ion Code Section 402.1(a)(11)(C)(ii), or a “qualified nonprofit corporation” as described in Revenue and Taxation Code Section 214.15, shall be exempt from the affidavit.

6. Separate conveyance of units and lots shall be subject to the following:
a. Within a lot resulting from a lot split or where units are placed on an undivided lot:
45445

i. Primary dwelling units on a lot that is created by an urban lot split may not be owned or conveyed separately from each other.
ii. Condominium airspace divisions and common interest developments are not permitted on a lot that is created by an urban lot split. iii. All fee interest in a lot and all dwellings on the lot must be held equally and undivided by all individual property owners.
b. Between resulting lots:
i. Separate conveyance of the resulting lots is permitted. If dwellings or other structures (such as garages) on different lots are adjacent or attached to each other, the urban lot split boundary may separate them for conveyance purposes if th e structures meet building code safety standards and are sufficient to allow separate conveyance.

7. All development, design, and parcel map standards in this section and in Chapter 17.14 shall be applied to units created under SB 9, provided that at le ast an 800 square foot unit is allowed to be constructed.

8. The following objective design standards shall apply to all single-family dwellings created pursuant to SB 9 and to associated on -site improvements:

a. Units with identical building elevations and/or floor plans shall not be located on adjacent lots or directly across the street from each other.

b. Design elements and detailing shall be continued completely around the structure. Such design elements shall include window treatments, t rim detailing, exterior wall materials, and color pallet. Firewalls are not exempt from the required design elements.

c. At least two (2) building materials shall be used on any building frontage (excluding roof and foundation) in addition to glazing and railings. Any one material shall comprise at least 20% of the building frontage.

d. At least two (2) exterior colors shall be used. Elements that count toward this requirement include cladding material, trim/accent colors, and visually significant colors for doors, and similar elements. Primary colors shall be used as accent colors only.

e. Trash receptacles locations shall be identified on project plans and shall demonstrate screening from public view via equivalent -height landscaping or a solid wall or fence.

f. The main entry shall not be the garage door and shall be prominently placed on the elevation facing the street.

g. Linear streetscape appearance in the building facade shall be avoided by providing variations in horizontal plane in a minimum of 50% of the building front and street side 46446

elevations. Variations shall include indentations, recesses, o r projections of two (2) feet or greater. Vertical architectural elements (pilasters, columns, piers, other structural elements) shall vertically project a minimum of eight (8) feet in height and project a minimum of eight (8) inches from the building fac e.

h. Units shall include a minimum three (3) element(s) from the following list to add visual variety and interest to building facades and enhance the connection between public and private realms: eaves, cornices, trellises, overhangs, exposed structural elements such as rafters, recessed windows, columns, bay windows. Other elements may be approved if they provide equivalent visual variety and interest.

i. Primary interior living spaces (bedroom and living areas) shall be offset a minimum eight (8) feet from a facing neighboring primary interior space on the same story.

j. A minimum eight (8) feet shall be maintained between any primary interior living space (bedroom and living area) and an existing neighboring primary living space on the same story.

k. Trim surrounds shall be provided at all exterior window and door openings. Trim shall be substantial, visible, and at least two (2) inches in depth.

l. Classical window proportions shall be provided such as 2:1, 3:2, or 4:3.

m. No building facade may extend in a continuous plane for more than 20 feet without a window, door, variation in horizontal plane, or vertical architectural element.

n. A minimum three (3) foot wide interior clear planter width landscaping shall be provided between the closest parallel property line to a driveway and the subject property. For flag lots, the planter shall only be required adjacent to the property not part of the project.

Within the planter area, landscaping shall be maintained at a height of no greater than 42 inches to allow for line of sight to pedestrians and motorists for vehicles exiting the driveway.

o. Driveways to required parking shall not be asphalt, shall be a minimum 12 feet in width, and shall be concrete, pavers, stone, brick, or similar material. No driveway shall be allowed for units that do not require an on-site covered parking space and are not electing to include covered parking. Controlled or restricted entrances to required or provided parking are prohibited.

17.14.060 - Units Created in a Single-family (R-1) Residential Zone Pursuant to SB 9.

The development standards specified in Section 17.13.040.GGG and Table 17.14.060 shall apply to dwelling units created under SB 9. In addition, the following shall apply:
47447

A. In the event development standards physically preclude the construction of up to two (2) units or preclude either of the two (2) units from being at least 800 square feet in floor area, a minimum 800 square foot unit shall be allowed with code waivers chosen and autho rized by the Community Development Director based on prioritizing preservation of neighborhood character and privacy to adjacent properties. The Director may consider waivers such as, but not limited to:

1. Allowing half basement construction to facilitate two-story construction no greater than 16 feet tall.

2. Allowing a reduced front yard setback.

3. Reducing distancing from an existing structure on the original parcel.

B. Parking shall be provided as specified in Chapter 17.34

C. One (1) bedroom is allowed for each five hundred (500) square foot increment of unit square feet. Increments are rounded up, e.g., a 1,001 square foot unit may have 3 bedrooms.

Bedroom and bathroom square feet shall be limited to no greater than 63.5% of the tot al square feet of the unit. Direct exterior access to bedrooms is prohibited, except for the largest bedroom.

D. All accessory structures, including garages, shall be subject to the provisions of Title 17, including but not limited to setbacks, floor are a ratio, lot coverage, distancing from other structures, ratio of structures to dwelling, open space, and height.

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Table 17.14.060
RESIDENTIAL DEVELOPMENT STANDARDS FOR UNITS CREATED IN A SINGLE-FAMILY (R-1) RESIDENTIAL ZONE PURSUANT TO SB 9
District Maximum
Units Per Lot
Minimum
Lot Area in
Sq. Ft. (a)
Minimum
Lot Area Per
Unit in Sq.

Ft. (a)
Minimum
Lot Frontage
in Feet (b)
Minimum
Lot Depth in
Feet
Minimum Yard Setback in Feet
(c)(d)(e)
Maximum
Height (Feet-
Stories)
whichever
height is less
Maximum
Floor Area
Ratio (f)
Minimum
Usable Open
Space in Sq.

Ft.

Front Side Rear
All R1
districts
24 (i) 1,200 (a) 30 40 20 4 4 16′ -1 story N/R (g) (h) N/R = No requirement

(a) If the lot is created by a new parcel map and the parcel map subdivides an existing parcel to create no more than two (2) new parcels, the parcels shall be of approximately equal lot area, provided that one parcel shall not be smaller than 40% of the lot area of the original parcel proposed for subdivision. No lot shall be smaller than 1,200 square feet.
(b) The required width of the pole segment of a flag lot, or easement for access to a lot with required parking, shall be 15 feet, which includes the required 12-foot driveway width and a three-foot property line landscape buffer. Such width is also required for lots without required driveways and parking. A lesser or greater easement width may be authorized by the Community Development Director based on evidence justifying the adjustment. Units located further than Fire Department hose pull reach requirements shall provide a 20-foot wide easement for emergency vehicle access and a paved surface meeting Fire Code weight bearing requirements. (c) No setback shall be required for an existing structure or a structure constructed in the same location and to the same dimensions as an existing structure. (d) An application shall not be rejected solely because it proposes adjacent or connected structures provided that the structures meet building code safety standards and are sufficient to allow separate conveyance. Therefore, connected units may be authorized, including units connected to units on an adjacent lot pursuant to SB 9. (e) Garages are accessory structures. Attached garages shall adhere to setback requirements of each respective zoning district in Table 17.14.070. Detached garages and accessory structures shall adhere to the requirements of Section 17.14.160. (f) Where accessory structures are proposed or exist, including attached or detached garages, the maximum Floor Area Ratio (FAR) for accessory structures shall be calculated by combining the sum of square feet of the proposed unit, any existing units, and all accessory structures, and shall be limited by the district maximum FAR specified in Table 17.14.070.
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(g) In lieu of a Floor Area Ratio requirement, each unit shall be limited in square feet based on lot size as follows:

Lot Area in Square
Feet
Maximum Unit
Square Feet*
1,200 – 4,999 800 square feet
5,000 – 5,999 800 square feet
6,000 – 6,999 800 square feet
7,000 – 7,999 800 square feet
8,000 – 9,999 850 square feet
10,000 – 11,999 900 square feet
12,000 – 14,999 950 square feet
15,000 – 19,999 1,000 square feet
20,000 – 39,999 1,100 square feet
40,000 and greater 1,200 square feet
* Existing units may maintain existing FAR and lot coverage but any expansion shall comply with development standards in Table 17.14.070 (h) Minimum usable open space, as defined in Section 17.04.034, shall require the following square feet per district:

District
Minimum
Usable Open
Space in Sq.

Ft. (q)
R1-5 1,000 sf
R1-6 1,100 sf
R1-7 1,100 sf
R1-8 1,200 sf
R1-10 1,200 sf
R1-12 1,300 sf
R1-15 1,700 sf
R1-20 2,500 sf
R1-40 2,500 sf
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(i) Up to four (4) units are allowed which may consist of two (2) units on a lot or a primary dwelling and an accessory dwelling unit on a lot. However, all units must meet safety needs and all specified development standards.

52452

Table 17.14.070 “Zoning – Residential Districts – Residential Development Standards.”

Table 17.14.070

RESIDENTIAL DEVELOPMENT STANDARDS
District Units
Per
Lot
Minimum
Lot Area in
Sq. Ft. (x)
Minimum
Lot Area
Per Unit in
Sq. Ft.

Minimum
Lot
Frontage in
Feet (a)
Minimum
Lot Depth in
Feet
Minimum Yard Setback in Feet (b,h) Maximum
Height (Ft.-
Stories)
whichever
is less (g)
Maximum
Floor Area
Ratio (o) or
Lot
Coverage
(p)
Minimum
Usable
Open
Space in
Sq. Ft. (q)
Front Side Rear
R1-5
(aa)
1 5,000(v.1) N/R 50(k) 90 Bld-15
Gar-20 (v.2)
(c,v.2) (v.2) 32′—2
stories
Based on
bldg.
pad(v.3.w)
875 sf
R1-6
(aa)
1 6,000 N/R 60(k) 100 20 5(c) 20(d,e,f) 32′—2
stories(y)
(u) 900 sf

R1-7
(aa)
1 7,000 N/R 60(k) 100 20 5(c) 20(d,e,f) 32′—2
stories
(u) 950 sf

R1-8
(aa)
1 8,000 N/R 60(k) 100 20 5(c) 20(d,e,f) 32′—2
stories
(u) 1,000 sf

R1-10
(aa)
1 10,000 N/R 80(k) 100 20 5(c) 20(d,e,f) 32′—2
stories
(u) 1,000 sf

R1-12
(aa)
1 12,000 N/R 80(k) 100 20 5(c) 20(d,e,f) 32′—2
stories
(u) 1,000 sf

R1-15
(aa)
1 15,000 N/R 80(k) 100 20 5(c) 20(d,e,f) 32′—2
stories
(u) 1,200 sf

R1-20
(aa)
1 20,000 N/R 100(k) 100 20 5(c) 20(d,e,f) 32′—2 stories
(u) 1,500 sf

R1-40
(aa)
1 43,560 N/R 100(k) 100 20 5(c) 20(d,e,f) 32′—2 stories

0.40 FAR 2,000 sf

R1-R
(aa)
1 108,900 N/R 100(k) 100 20 5(c) 20(d,e,f) 32′—2 stories

0.40 FAR 2,000 sf

Notes: (aa) For all units constructed or lots created pursuant to SB 9, apply the development standards in Table 17.14.060.

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Section 17.14.080 “Zoning – Residential Districts – Building Lot Area Requirements.”

Tables 17.14.060 and 17.14.070 indicates the minimum building lot area for individual lots. The following portions of a lot shall not be included in the minimum building lot calculation:

Table 17.34.060.A “Zoning – Off-Street Parking and Loading – Required Number of Parking Spaces for Residential Uses.”

Table 17.34.060.A

REQUIRED NUMBER OF PARKING SPACES FOR RESIDENTIAL USES

USE REQUIRED NUMBER OF SPACES
Single-
family
Dwelling
2 enclosed garage spaces/unit up to 4 bedrooms accessed by a 12 foot wide 20 foot long driveway. For 5 or more bedrooms, 1 additional enclosed space which may be in tandem configuration but may not be in a required front yard setback.

For bedroom additions to homes built prior to the effective date of Ordinance 17- 08, refer to Section 17.34.020(A). Enclosed or covered spaces demolished or converted by creation of an ADU in association with construction of an accessory dwelling unit shall not require replacement.

For PUDs, units with 3 or more bedrooms shall provide an additional 1.5 gue st parking spaces per dwelling unit. Of this requirement, 1 open parking space may be provided at the residence subject to compliance with Section 17.16.060.

For dwelling units created under SB 9: one enclosed parking space, accessed by a 12 foot wide 20 foot long driveway, shall be provided for parcels unless they are located within ½ mile walking distance of either a high -quality transit corridor, a major transit stop, or within 1 block of a car share vehicle. No parking space shall be required for pa rcels within ½ mile walking distance of either a high-quality transit corridor, a major transit stop, or within 1 block of a car share vehicle.

17.38.080 Urban Lot Split (SB 9) Exception to Compliance (Nonconformities).

The City shall not require the correction of nonconforming zoning conditions as a condition for ministerial approval of a parcel map application for the creation of an urban lot split pursuant to SB 9.

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City of Orange
Planning Commission
October 02, 2023

MINUTES - DRAFT
The Planning Commission of the City of Orange, California convened on October 2, 2023, at 5:30 p.m. in a Regular Meeting in the Council Chamber, 300 E. Chapman Avenue, Orange, California.

1. OPENING/CALL TO ORDER
Vice Chair Martinez called the meeting to order at 7:00 p.m.

1.1 PLEDGE OF ALLEGIANCE
Commissioner Simpson led the flag salute.

1.2 ROLL CALL

Present: Martinez, Simpson, Vejar, Maldonado, Tucker, and McCormack

Absent: Vazquez

2. PUBLIC COMMENTS
None.

3. CONSENT CALENDAR

3.1. Approval of meeting minutes of the City of Orange Planning Commission Regular Meeting held on September 7, 2023.

ACTION: Approved minutes as presented.

Approval of the Consent Calendar
A motion was made by Commissioner McCormack, seconded by Vice Chair Martinez, to approve the Consent Calendar as presented. The motion carried by the following vote:

Martinez, Simpson, Vejar, Maldonado, Tucker, and McCormackAyes:

NoneNoes:

VazquezAbsent:

4. OLD BUSINESS

4.1. Continued public hearing to consider an ordinance amending Titles 16 and 17 of the Orange Municipal Code to enact definitions and development standards applicable to lot splits and second dwelling units in single -family residential zones allowed as a result of Senate Bill 9, and a finding of CEQA exemption . (Continued from September 7, 2023)

Draft
455
Planning Commission Minutes - Draft October 2, 2023
A motion was made by Commissioner Simpson, seconded by Commissioner Vejar, to adopt Planning Commission Resolution No. 13-23 contingent upon staff making an amendment to Section 17.13.040 GGG.6.a.of the draft ordinance as discussed.

Resolution No. PC 13-23. A Resolution of the Planning Commission recommending that the City Council of the City of Orange adopt an ordinance amending Title 16 and Title 17 of the Orange Municipal Code enacting ministerial standards applicable to lot splits in single -family residential zones allowed as a result of SB 9, enacting ministerial standards applicable to the location, access size and setback of second dwelling units in single -family residential zones, and revising definitions to clarify said development standards.

The motion carried by the following vote:

Martinez, Simpson, Vejar, Maldonado, Tucker, and McCormackAyes:

NoneNoes:

VazquezAbsent:

5. ADJOURNMENT
There being no further business, the meeting was adjourned at 6:23 p.m.

The next Regular Planning Commission meeting will be held on October 16, 2023 at 5:30 p.m., in the Council Chamber, 300 E. Chapman Avenue, Orange California 92866.
_____________________________
Chad Ortlieb
Principal Planner

Draft
456
Agenda Item
Planning Commission
Item #: 4.1. 9/7/2023 File #: 23-0510
TO: Chair and Members of the Planning Commission
THRU: Anna Pehoushek, Assistant Community Development Director FROM: Chad Ortlieb, Principal Planner

1. SUBJECT
Public Hearing: An ordinance amending Titles 16 and 17 of the Orange Municipal Code to enact definitions and development standards applicable to lot splits and second dwelling units in single- family residential zones allowed as a result of Senate Bill 9, and finding of CEQA exemption.

2. SUMMARY
Senate Bill 9 (SB 9), effective January 1, 2022, regulates development of single-family zoned (R1) property by allowing both the splitting of single-family (R1) zoned property into two lots and constructing two single-family residences on each single-family zoned lot. The proposed permanent Ordinance implements development standards, to the extent allowed under SB 9, regulating lot splits and second unit development in R1 zones.

3. RECOMMENDED ACTION
Adopt Planning Commission Resolution No. 13-23 entitled:

A Resolution of the Planning Commission recommending that the City Council of the City of Orange adopt an ordinance amending Title 16 and Title 17 of the Orange Municipal Code enacting ministerial standards applicable to lot splits in single-family residential zones allowed as a result of SB 9, enacting ministerial standards applicable to the location, access size and setback of second dwelling units in single-family residential zones, and revising definitions to clarify said development standards.

4. AUTHORIZING GUIDELINES
Orange Municipal Code (OMC) Table 17.08.020, Section 17.08.020B.2.b.i., and Section 17.10.020B. authorizes the Planning Commission to review and make recommendations to the City Council on amendments to the Zoning Ordinance.

5. PROJECT BACKGROUND
Applicant: City of Orange
Property Owner Citywide
Property Location Citywide
Existing General Plan Land Use
Element Designation
Applies to Estate low Density Residential 1-2 du/ac (ESTR) and Low Density Residential 2-6 du/ac (LDR)
Existing Zoning Classification Applies to Single-Family Residential (R-1) Old Towne SB 9 does not apply to Historic Overlay Districts Specific Plan/PC Not Applicable
Previous
Applications/Entitlements
Interim Ordinance No. 18-21 was adopted by the City Council on December 14, 2021, and extended on November 15, 2022, under Interim Ordinance No. 18-21B. The urgency ordinance will expire December 13, 2023 and may not be extended again.

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Item #: 4.1. 9/7/2023 File #: 23-0510
Applicant: City of Orange
Property Owner Citywide
Property Location Citywide
Existing General Plan Land Use
Element Designation
Applies to Estate low Density Residential 1-2 du/ac (ESTR) and Low Density Residential 2-6 du/ac (LDR)
Existing Zoning Classification Applies to Single-Family Residential (R-1) Old Towne SB 9 does not apply to Historic Overlay Districts Specific Plan/PC Not Applicable
Previous
Applications/Entitlements
Interim Ordinance No. 18-21 was adopted by the City Council on December 14, 2021, and extended on November 15, 2022, under Interim Ordinance No. 18-21B. The urgency ordinance will expire December 13, 2023 and may not be extended again.

6. PROJECT DESCRIPTION
The proposed ordinance has been prepared in an effort to reflect the requirements of State law under Senate Bill 9 (SB 9) which became effective on January 1, 2022 and requires cities to approve, as a ministerial action and without discretionary review, certain lot splits in single-family residential (R1) zones, and certain applications to add a second dwelling unit on a single-family lot and, to the extent permissible, protect the character of single-family neighborhoods given the development scenarios possible. Based on an evaluation of the legislation, staff concluded that, because there was potential for the resulting development to create conditions detrimental to the public health safety and welfare related to site access, infrastructure, parking/traffic, and emergency services, an ordinance to address those conditions, to the extent allowed, was necessary.

On December 14, 2021, the City Council adopted interim Ordinance No. 18-21, which addressed the immediate threat to the public health, safety and welfare caused by the ability to split R1 lots and add second units to R1 lots. The interim ordinance provided procedures for evaluating applications for lot splits and additional residential units, established objective development standards for lot splits and additional residential units, and revised definitions relating thereto. The Ordinance was twice extended (under Interim Ordinance 18-21B) and now expires on December 13, 2023. The Ordinance is not eligible for additional extensions. Hence, a permanent ordinance is necessary.

Interim Ordinance No. 18-21 and 18-21B set into place allowable development standards permitted by SB 9 with the goal to establish preliminary standards for any SB 9 development applications that would follow. The interim ordinance softens the negative impacts that could arise from the unregulated splitting of R1 single-family lots and addition of a second dwelling unit on a single-family lot. SB9 could quadruple the density of single-family zones, creating incompatibility with the City’s current single-family neighborhood development standards for those zones, among other City resource concerns. If unregulated, the increase in density and development of additional dwellings on single-family lots would cause numerous deleterious effects on the City’sinfrastructure as well as the families residing therein, including exacerbating parking and traffic problems, overuse of existing utility systems, loss of privacy, application of development standards not designed for higher density housing, fire, police and other public safety concerns. Any of the potential effects could constitute a public nuisance to the community.

Fortunately, the City has had sufficient time to evaluate the effectiveness of the enforceable standards of the interim ordinances. No applications have been received for either lot splits or second dwelling units on single family lots during the effective span of the interim ordinance.

Therefore, staff is recommending that the interim ordinance become a permanent ordinance with only minor changes including the addition of definitions for the terms:
· Bedroom
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· Floor area ratio
· Lot line, front
· Story, half
· Story, habitable
In addition, it should be noted that Staff will adhere to the State Department of Housing and Community Development ADU guidance on the ADU and SB 9 statutes in assessing ADUs and JADUs associated with SB9 developments. The City does not have to permit ADUs and JADUs when a lot is both created by an SB 9 lot split and developed with an SB 9 two-unit development.

However, the City may have to allow ADUs and JADUs when SB 9 units result from non-lot split scenarios. Under either scenario, no more than 4 units total could result on single family lots.

It is staff’sopinion that the effectiveness of the ordinance stems from the City’sability to regulate size and height of any additional units that could be created out of SB9. Unit size is limited to 800 square feet for most lots in the City and height is limited to one story and 16 feet pursuant to Table 17.14.060 and the associated notes that follow. Unit sizes could be up to 1,200 square feet if the existing or resulting lot is 40,000 square feet. Given that properties may have both an Accessory and Junior Accessory Dwelling Unit (ADU/JADU), and impact fees are proportionally reduced for such accessory units, the ordinance effectively encourages property owners/developers to take advantage of ADU allowances rather than utilize SB 9 allowances.

Both the interim, and proposed permanent ordinance, contains the following provisions consistent with the SB 9 Statute:
· Establishes Community Development Director approval authority · Establishes ministerial approval criteria in the Subdivision Ordinance · Clarifies existing definitions and adds definitions
· Clarifies ministerial approval for SB 9 projects in the specific administrative procedures section of the Zoning Code
· Adds SB 9 units as a permitted use to the Land Use Matrix (Table 17.13.030) · Establishes denial and condition criteria pursuant to SB 9 in the Zoning Code, including prohibiting SB 9 development in the Old Towne and Eichler districts · Establishes objective design standards for SB 9 units · Facilitates allowance for the minimum 800 square feet unit size · Establishes development standards consistent with SB 9 · Establishes parking standards consistent with SB 9
· Addresses nonconformities for SB 9 lot splits
Regulations created by the ordinance are described in more detail in the December 14, 2021 City Council staff report, in the Zoning Code Text Amendment Revisions, and the SB 9 Ordinance (Attachments 2-4). A Summary Chart of SB 9 Provisions and SB 9 State Law are provided in City of Orange Printed on 8/31/2023Page 3 of 4
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Attachments 10 and 11.

7. ANALYSIS AND STATEMENT OF THE ISSUES
Given that this proposed ordinance is City-initiated in response to SB9, there are no issues.

8. PUBLIC NOTICE
A notice was published in the Orange City News/Anaheim Bulletin newspaper on August 24.

9. ENVIRONMENTAL REVIEW
Statutory Exemption: As stated in the California Department of Housing and Community Development SB 9 Fact Sheet: “…the preparation and adoption of the ordinance is not considered a project under CEQA. In other words, the preparation and adoption of the ordinance is statutorily exempt from CEQA.” The subject Ordinance is exempt from the provisions of the California Environmental Quality Act (CEQA) per State CEQA Guidelines 15060(c)(2), 15060(c)(3) and 15061 (b)(3) because it will not result in a direct or reasonably foreseeable indirect physical change in the environment, because there is no possibility it will have a significant effect on the environment, and it is not a "project", as defined in Section 15378 of the State CEQA Guidelines. In the unlikely event the Ordinance would constitute a project under CEQA, it is exempt from the provisions of CEQA per State CEQA Guideline 15321 (Class 21, Enforcement Actions by Regulatory Agencies) because it is an action taken by the City as a regulatory agency, as authorized by local ordinance, to regulate as authorized by SB 9, the processing of lot splits and applications for construction of second dwelling units in single-family residential zones in order to prevent a public nuisance. As such, no further analysis is warranted or required.

10. ADVISORY BOARD ACTION
No advisory board action was conducted or required.

11. ATTACHMENTS
· Attachment 1 - Planning Commission Resolution No. 13-23 · Attachment 2 - SB 9 Ordinance (Number to Be Assigned) · Attachment 3 - Zoning Code Text Amendment Revisions
· Attachment 4 - December 14, 2021 City Council Staff Report · Attachment 5 - Interim Ordinance No. 18-21
· Attachment 6 - December 14, 2021 City Council Minutes · Attachment 7 - November 15, 2022 City Council Staff Report · Attachment 8 - Interim Ordinance No. 18-21-B
· Attachment 9 - November 15, 2022 City Council Minutes · Attachment 10 - Summary Chart of SB 9 Provisions
· Attachment 11 - SB 9 State Law
· Attachment 12 - ½ Mile Buffer of Bus Stops Map
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Agenda Item
City Council
Item #: 10.4. 12/14/2021 File #: 21-0652
TO: Honorable Mayor and Members of the City Council
THRU: Thomas R. Hatch, Interim City Manager
FROM: Susan Galvan, Interim Community Development Director

1. SUBJECT
An Urgency Ordinance of the City Council of the City of Orange amending Titles 16 and 17 of the Orange Municipal Code to enact definitions and development standards applicable to lot splits and second dwelling units in single-family residential zones allowed as a result of Senate Bill 9.

Ordinance No. 18-21.

2. SUMMARY
Senate Bill 9 (SB 9), effective January 1, 2022, weakens City authority to regulate development of single-family zoned (R1) property by allowing both the splitting of single-family (R1) zoned property into two lots and constructing two single-family residences on each single-family zoned lot. The proposed Urgency Ordinance implements development standards, to the extent allowed under SB 9, regulating lot splits and second unit development in R1 zones.

3. RECOMMENDED ACTION
Adopt Ordinance No. 18-21 and the findings of urgency. An Urgency Ordinance of the City Council of the City of Orange amending Title 16 and Title 17 of the Orange Municipal Code by enacting ministerial standards applicable to lot splits in single-family residential zones allowed as a result of SB 9, enacting ministerial standards applicable to the location, access size and setback of second dwelling units in single-family residential zones allowed as a result of SB9, and revising definitions to clarify said development standards.

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.

6. DISCUSSION AND BACKGROUND
SB 9 was signed by the Governor on September 16, 2021, and becomes effective on January 1, 2022. SB 9 allows both the splitting of single-family (R1) zoned property into a maximum of two lots and allows the development of up to two single-family residences on each single-family zoned lot.

Hence, a total of four units could be allowed on any existing single-family zoned lot where under current zoning standards, only one dwelling unit would be allowed (not including ADUs). The recommended Urgency Ordinance proposes a number of development standards intended to limit City of Orange Printed on 12/9/2021Page 1 of 3
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Item #: 10.4. 12/14/2021 File #: 21-0652
recommended Urgency Ordinance proposes a number of development standards intended to limit the intensity and negative effects of increased density in R1 zones, to the extent that State Law allows, while permanent standards are developed.

A summary of the SB 9 provisions are included in Attachment 3.

The proposed Urgency Ordinance implements the provisions of SB 9 by imposing intensity-limiting regulations that comply with SB 9 in order to prioritize preservation of neighborhood character and privacy to adjacent properties. Such regulations include:
· Prohibiting SB 9 development in the Old Towne and Eichler districts. · Prohibiting lot splits or second units where the existence of an ADU or JADU would result in more than two units on a lot.
· Preserving the intent of SB 9 to create units by requiring plans for units on both lots to be approved through building plan check prior to approving any final parcel map. · Revising the definition of “Lot Line, Front” to reinforce the existing requirement for a 20-foot front yard setback and to clarify the required 20-foot front yard setback on SB 9 created flag- lots.
· Adding “Single-family dwelling created pursuant to SB 9” as a separate new land use in the Master Land Use Matrix to distinguish the use separately from other single-family uses, thereby simplifying the ability to distinguish development standards for the use. · Establishing objective design standards to promote proper aesthetics. Standards address design elements, materials, colors, building orientation, variations/indentations in plane, offsets from primary windows of adjacent buildings, window proportions, and driveway widths and materials.
· Establishing Community Development Director authority to allow code waivers in the event development standards preclude a unit from being at least 800 square feet in floor area.

Waivers are based on prioritizing preservation of neighborhood character and privacy to adjacent properties.
· Limiting bedrooms to one bedroom for each five hundred (500) square foot increment of unit square feet.
· Requiring all accessory structures, including garages, to be subject to the existing setback, height, and floor area ratio (FAR) provisions of the Zoning Code. · Establishing a minimum lot frontage and depth for new SB 9 lots. · Limiting SB 9 structures to a maximum of 16 feet high and one story. · Requiring a 15-foot easement for public safety access and utilities for those units that do not have direct street frontage.
· Requiring accessory structures, including garages, to be combined with SB 9 unit floor area and be limited by floor area ratio (FAR) requirements of the zoning district. · Regulating SB 9 unit size in relation to lot size (instead of FAR). Maximum unit size for lots between 1,200 and 7,999 square feet is 800 square feet and increases by 50 square feet for each R1 designation above R-1-7, for a maximum unit size of 1,200 square feet on lots 40,000 square feet and greater.
· Establishing adequate minimum usable open space requirements for SB 9 properties by zoning district.
· Establishing a general parking requirement of 1 garage parking space per unit, consistent with SB 9. (Most properties in the City would require 1 parking space.) City of Orange Printed on 12/9/2021Page 2 of 3
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· Establishing nonconformity standards consistent with SB 9.

In addition to those provisions the City is allowed to regulate under SB 9, the proposed Urgency Ordinance has many development requirements that will prevent public nuisances and deterioration of the neighborhoods, including:
· A requirement for intensity-limiting development and design standards, particularly unit size, height, stories, open space, front yard setback, and setbacks and FAR applied to accessory structures, including garages.
· Impact fees are required.
· Standard fire code requirements including sprinklers, hose pull distance, and access, must be met.
· Infrastructure requirements including separate meters and water and fire sprinkler lines must be met.
· Public safety access and utility easements must be provided. · The owner must sign an affidavit stating intention to occupy one of the units for three years. · Home owner associations retain authority for review of proposals.

The proposed Urgency Ordinance will be in effect immediately for 45 days after adoption, after which it may be extended once for ten and a half months and a second time for one additional year. Having the urgency standards and procedures in place before SB 9 goes into effect on January 1, 2022, will allow the City to immediately impose reasonable and objective regulations on SB 9 applications in order to prevent the many negative and deleterious effects on the public health, safety and welfare that would occur if unrestricted lot splits and second units occurred in R1 neighborhoods. During the pendency of the Urgency Ordinance, Staff will continue to review and refine development standards designed to preserve the intent of SB 9 while eliminating the possibility of public nuisances created by SB 9 lot splits and second units.

Staff recommends City Council approval of the Urgency Ordinance.

7. ATTACHMENTS
· Attachment 1 Ordinance No. 18-21
· Attachment 2 Redline version of Ordinance No. 18-21
· Attachment 3 Summary Chart of SB 9 Provisions
· Attachment 4 SB 9 State Law
· Attachment 5 ½ Mile Buffer of Bus Stops Map
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ORDINANCE N0. 18- 21

AN URGENCY ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF ORANGE AMENDING TITLE 16
SUBDIVISIONS) AND TITLE 17 ( ZONING) OF THE

ORANGE MUNICIPAL CODE BY ENACTING

MINISTERIAL STANDARDS APPLICABLE TO LOT

SPLITS IN SINGLE- FAMILY RESIDENTIAL ZONES
ALLOWED AS A RESULT OF SB 9, ENACTING

MINISTERIAL STANDARDS APPLICABLE TO THE

LOCATION, ACCESS, SIZE AND SETBACK OF SECOND

DWELLING UNITS IN SINGLE- FAMIL' Y RESIDENTIAL
ZONES ALLOWED AS A RESULT OF SB 9, AND REVISING

DEFINITIONS TO CLARIFY SAID DEVELOPMENT
STANDARDS.

WHEREAS, the City Council of the City of Orange,pursuantto its police powers afforded under the California Constitution, Article XI, Section 7, California Government Code 37100, et seq.,mayadoptregulationsto protectthepeace,health, safetyandwelfareof thecommunity, and may declare that certain usesand conditions constitute a public nuisance; and WHEREAS, California Government Code 38771 authorizes the City, through its legislativebody,todeclareactionsandactivitiesthatconstituteapublicnuisancein its community; and
WHEREAS, California Government Code 65858 authorizes the City, through its legislative body, to protect the peace, health, safety and welfare of the community by adopting as anurgency measurean ordinanceprohibiting anyusesthat may be in conflict with a contemplated general plan, specific plan, or zoning proposal that the legislative body, planning commission or the planning departmentis considering or studying or intends to study within a reasonabletime; and
WHEREAS, the Governor of the tate of California recently signed into law, legislation SB 9") which requires the City to ministerially approve certain applications for a lot split on a single-family residentially- zonedproperty, which allows the creation of two half- sized lots where there was previously one lot; and
1 WHEREAS, SB 9 also requires the City to ministerially approve certain applications to build a secondunit on a single-family residentially-zonedproperty, which allowstwo residential dwellings on a single-family ( R-1) lot where there was previously only one dwelling permitted; and
WHEREAS, these two provisions of SB 9— allowing alot split andallowing a secondunit on a single- family lot - may be combined, resulting in the transformation of a single-family 1 466
residentiallot with onedwellingunit becomingtwo lots with two dwelling unitseachfor a total of four dwelling units on the same-sized piece of property; and WHEREAS, the single- family residential ( R- 1) zones in the City, which include neighborhoods with lots ranging from 6,000 to 20,000 squarefeet, one acre, and one-and-a-half acres and up, were thoughtfully planned basedon the goals of the General Plan of the City, the quality of life in single-family residential neighborhoods, the public safety resources, the utility andtransportationinfrastructure, City recreationalresources,includingparksandlibraries, school district considerations, and many other elementsassociatedwith sound and establishedplanning practices; and
WHEREAS, the City' s Zoning Code and General Plan also designatenumerous duplex and multi- family residential zones allowing higher density housing opportunities, that were also carefullyplannedto ensureahighqualityof life in multi-family residentialneighborhoods, access to public safetyresources, anefficientutility andtransportationinfrastructure, andanappropriate level of City recreationaT, park and library resources; and WHEREAS, SB 9 has the effect of a wholesale conversion of each of the carefully designed single-family residential zonesin the City into residential zoneswith double, triple and up to quadruplethe anticipateddensityof tliosezones, creatingincompatibilitywith the City' s single-family neighborhood development standardsfor those zones, among other City resource concerns; and
WHEREAS, if unrestricted and left unregulated, the increase in potential density in the City' s single-family zoneswould causenumerous deleterious effects on the City' s infrastructure aswell asthe families residing therein, including parking andtraffic problems, overuseof existing utility systems, loss of privacy, applicationof developmentstandardsnot designedfor higher density housing, fire safety andotherpublic safetyconcerns, all of which effects constitute apublic nuisance to the community; and
WHEREAS, SB9 allowstheCity to imposecertainobjectiverequirementsregulatingsaid applications to split and/or to build additional residential units on a single- family residentially- zoned property; and
WHEREAS, the Orange Municipal Code ( OMC) does not currently contain a process or objective development standardsfor ministerially processingiot split applications; and WHEREAS, the OMC does not currently contain a process or objective development standards for ministerially processing applications to build non-ADU second dwelling units in single- family zones; and
WHEREAS, sincethepassageof SB9,theCity hasbeenstudyingtherequiredprocedure for evaluating applications for lot splits and additional residential units in single-family zonesto determine the proper level of review required to protect the peace, health, safety and welfare of the public; and
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WHEREAS, the City is also studying the development standardscontained in its Zoning Code to examine under what circumstancesand to what extent SB 9 allows the City to impose reasonableand objective regulations on the potential lot splits and/or additional residential units; and
WHEREAS, the City Council of the City of Orange finds:

1. That the ministerial approval of lot splits and second dwelling units on single-family residentially- zoned properties is not currently addressedby the current Subdivision Code or Zoning Code and without appropriate standards, would result in a threat to public peace, health, safety or welfare; and

2. That in the absenceof objective standardsapplicable to lot splits andseconddwelling units createdby SB 9, thereis a currentandimmediatethreatto the public peace, health, safetyand welfare; and

3. Thattherevisionsto theOMCassetforthhereinwill helppreservethepublicpeace,health, safety andwelfare; and
WHEREAS, the City finds that the provisions of this Urgency Ordinance are consistent with the City of Orange GeneralPlan; and
WHEREAS, thisUgencyOrdinancehasbeenreviewedfor compliancewith theCalifornia Environmental Quality Act ( CEQA), the CEQA Guidelines, and the City' s environmental procedures, andhasbeenfoundto beexempt, consistentwith the findingsin SectionXIX of this Urgency Ordinance; and
WHEREAS, the City Council doestherefore determine, by at least a four-fifths vote, that this UrgencyOrdinanceis necessaryfor theimmediatepreservationof thepublic peace, health, safety andwelfare of the community..

NOW; THEREFORE, THE CITY COUNCIL OF THE CITY OF ORANGE DOES HEREBY ORDAIN AS FOLLOWS:

SECTION I:

That the recitals and findings contained herein are true and correct, incorporated herein, and with the public record, form the basis for the adoption of this Urgency Ordinance.

SECTION II:

Section 16. 08. O10. E of the Orange Municipal Code, " Subdivisions — Maps — General Provisions," is hereby amendedto read asfollows:

E. Theadvisoryagencywith thepowerof final approvaloverthetentativeparcelmap, shall thereuponmake a finding that the proposed division of land complies with all requirements 3 468
of the Subdivision Map Act or this title, and all other resolutions and ordinances of this City, including,but not limited to,requirementsconcerningarea, improvementsanddesign, floodwater drainage control, appropriate improved public roads, sanitary disposal facilities, water supply availability, public safety facilities and environmentalprotection. For parcelmaps submitted pursuant to SB 9, the Community Development Director shall approveor deny the application for aparcelmapfor anurbanlot split ministeriallywithoutdiscretionaryreview.

SECTION III:

The title of Section 16. 12. 030 of the Orange Municipal Code, " Subdivisions — Procedure Tentative Parcel Map.— Staff Review Committee Approval," is herebyamendedto read as follows:

16. 12. 030 Tentative Parcel Map— Approval or Denial.

SECTION IV:

Section 16. 12. 030 of the Orange Municipal Code, " Subdivisions— Procedure- Tentative Parcel Map— Approval or Denial," is hereby amendedto add the following:

E. The CommunityDevelopmentDirectorshallhaveauthorityto approveall parcel mapapplicationsfor anurbanlot splitproposedin asingle-family residentialzone,pursuantto SB

9. Approval shall be a ministerial action without discretionary review.

1. For approval of a parcel map the Community Development Director shall find the following:
a. The parcel map subdividesan existing parcel to createno more than two (2) new parcels of approximately equal lot areaprovided that one parcel shall not be smaller than 40 percent of the lot areaof the original parcel proposedfor subdivision. b. Both newly createdparcels areno smaller than 1,200 squarefeet. c. The parcel being subdivided meetsall the following requirements:
i. The parcel is locatedwithin a single-family residential zone. ii. The parcel meets all requirements of Sectiori

17. 13. 040. GGG. 1.
iii.. The parcelhasnot beenestablishedthrough prior exerciseof an urban lot split as provided for in SB 9.
iv. Neither the owner of the parcel being subdivided nor any person acting in concert with the owner has previously subdivided an adjacent parcel using an urban lot split asprovided for in SB 9.
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v. The parcel map conforms to all applicable objective requirements of the Subdivision Map Act( commencing witli. Section 66410), except as otherwise expresslyprovided in SB 9.
d. In furtheranceof theintentof SB9to createdwellingunits,plansfor units on a lot undergoinga parcelmap applicationshall have receivedapprovalthrough the building permitplan checkprocessandbe readyfor building permit issuanceconcurrentlywith final parcel map approval.

2. The Community Development Director shall placethe following conditions on approval of the parcel map asappropriate:
a. A requirement for easementsfor the provision of public safety services and facilities.
b. A requirement that the parcels have accessto, provide accessto; or adjoin the public right-of-way.
c. A requirement for off- street parking pursuant to the single-family residenceparking requirement specified in Table 17.34.060.A. d. A requirement that the uses allowed on the lots be limited to residential uses.

3. The City shall not require dedications of rights-of-way or the construction of offsite improvements for the parcelsbeing createdas a condition of issuing a parcel map.

4. The authority for denial of a parcel map submitted pursuant to SB 9 is the building official. For denialof a parcelmapthe building official shallmakea written finding, baseduponapreponderanceof theevidence,thattheproposedhousingdevelopmentprojectwould have a specific, adverse impact, as defined and determined in Government Code Section 65589. 5( d)( 2), uponpublic healthandsafetyor the physicalenvironment, for which thereis no feasiblemethod to satisfactorily mitigate or avoid the specific, adverseimpact.

SECTION V:

Section 16. 16. 020 of the Orange Municipal Code, " Subdivisions — Requirements- Dedications- Fees — Street, Alley and Easement Dedications," is hereby amendedto add the following:

E. TheCity shallnotrequirededicationsof rights-of-wayortheconstructionof offsite improvements for parcels created pursuant to SB 9. Easementsfor public safety services and facilities for suchparcelsmay be required by the Community Development Director.

SECTION VI:
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Section 16. 16. 170 of the Orange Municipal Code, " Subdivisions — Requirements- Dedications- Fees— Soils Report Required," is herebyamendedto add the following:

D. For parcel maps submitted pursuantto SB 9, with residential units connectedto an , onsite wastewatertreatment system, the applicant may submit a percolation test completedwithin the last five ( 5) years, or, if the percolation testhasbeenrecertified, within the last ten( 10) years.

SECTION VII:

Section 17. 04. 023 of the Orange Municipal Code, " Zoning — Definitions — " D" Definitions," is hereby ainendedto read asfollows:

DUPLEX OR DUPLEX RESIDENTIAL - An attachedor detachedbuilding containing two dwelling units wherein the occupantsof eachindividual dwelling unit are living and functioning together as a single housekeepingunit, meaning that they have establishedties and familiarity with each other, jointly use common areas, interact with each other, share meals, household activities, expensesand responsibilities, membership in the single housekeepingunit is fairly stableasopposedto transient, andmembershave somecontrol over who becomesamember - of the single housekeeping unit. A property designatedDuplex Residential is neither a single- family nor a multi- family property.

SECTION VIII:

Section 17. 04. 031 of the Orange Municipal Code, " Zoning — Definitions — " L" Definitions," is hereby amendedto read asfollows:

LOT LINE, FRONT- In the caseof aninterior lot, the line dividing the lot from the street. In the caseof a corner lot or through lot, the shorterlot line abutting a streetshall be deemedthe front lot line and the longer lot line abutting a street shall be deemed an exterior side, unless determined otherwise by the Zoning Administrator. In the caseof a through lot or a corner lot whose exterior lot lines are the same length, the lot line where the principal access to the lot is provided shall be deemed to be.the front lot line. In the case of an interior lot, when the lot line abutting a street is curved, the front lot line follows the curve; for corner lots, separation of lines occurs at the middle of thecurve. For aflag lot, thefront lot line is theshortestlot line adjoiningthepoleportionof the lot including the width of the pole asshown in the figure that follows.

Side Properly. Line
de <
ac
Neighboring d o
J
LL
Property o o
c,
a ' Flag Lot a
u c d
0 a
u. a y
Side Property line
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SECTION IX:

Section 17. 10. 060. D. l. b of the Orange Municipal Code," Zoning— Specific Administrative Procedures — Site Plan Review— Minor Site Plan Review - Criteria," is hereby amendedto read as follows:
b. Construction of six( 6) or fewer residential units on a single parcel, when only one parcel is being developed. Units constructed in single= family ( R- 1) districts pursuantto SB 9 shall not require site plan review under this section.

SECTION X:

Section 17. 10. 060. D. l. f of the Orange Municipal Code," Zoning— Specific Administrative Procedures — Site Plan Review— Minor Site Plan Review = Criteria," is hereby amendedto read as follows:
f. Creation of lots or building sites with no direct accessto a public street except for those with access easements created to accommodate the construction of a single- family dwelling in a single-family( R-1) district pursuantto SB 9.

SECTION XI:

Section 17. 10. 070. B. 7 of the Orange Municipal Code, " Zoning— Specific Administrative Procedures— Design Review— When Design Review is Required- Exception," is hereby addedto read as follows:

7. Exception. Units createdin a single-family ( R-1) residential zone pursuant to SB 9 shall not require design review but shall instead meet all objective design review standards specified in Section 17. 13. 040. GGG and Chapter 17. 14.

SECTION XII:

Table 17. 13. 030 of the Orange Municipal Code, " Zoning — Master Land Use Table — Permitted Uses," is hereby amended to add the following:
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Table 17. 13. 030 Permitted Uses.

AGRICULTURA SAND
ZONIN RESIDENTIAL COMMERCIAL MIXED USE 1NDUSTRIA L P OVERLA &

G L OPEN SPACE I Y GRAVE
L
LAND R1 R1 R1 R2 R R M O CP/ C CT C C C OTMU OTMU OTMU NMU UM M M2 A1 R S P FP- FP- SG USE 5 - 6 - 20 - 6 - 3 - 4 H P 1 R 2 3 R - 155 - 15 24 24 U 1 O H I 1 2 to to to
R- R- R2
15 14 - 8
0 R1
R
Housing— Includes all structures permitted as living quarters whether they be for short or long-term occupancy. Includes all usesidentified in California Building Code defmitions that are preceded with main entry words ( key terms) that include one of the following: Dwelling, unit, house, housing, congregate, residence, multifamily, dormitory, home( s), hotel, motel, residential care facili , residential facili , or lod in .

Single- P# P P P P P - P - P* P* P* P family
dwelling
Single- P* P* P* - - - - - - family
dwelling
created
pursuant
toSB9
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SECTION XIII:

Section 17. 13. 040 of the Orange Municipal Code, " Zoning — Master Land Use Table — Special Use Regulations," is hereby amendedto add the following:

GGG. Single-family Dwelling CreatedPursuantto SB 9.

1. Approval shall be subjectto the proposedhousing developmentmeeting all the requirements of SB 9 which include:
a. The parcel is not located on a site specified in subparagraphs (B) to K), inclusive, of Government Code Section65913.4(a)(6) that is any of the following:
i. Either prime farmland or. farmland of statewide importance, as defined pursuant to United StatesDepartment of Agriculture land inventory and monitoring criteria, asmodified for California, anddesignatedon themapspreparedby the Farmland Mapping and Monitoring Programof the Departmentof Conservation,. or land zonedor designatedfor agriculturalprotectionor preservationby a locai ballot measurethatwasapprovedby thevoters of that jurisdiction.
ii. Wetlands, as defined in the United States Fish and Wildlife ServiceManual, Part660FW 2 (June21, 1993).
iii. Within a very high fire hazard severity zone, as determined by the Department of Forestry and Fire Protection pursuant to Section 51178, or within a high or very high fire hazard severity zone as indicated on maps adoptedby the Department of Forestry and Fire Protection pursuant to Section 4202 of the Public ResourcesCode. This subparagraph doesnot apply to sites excluded from the specified hazard zones by a local agency, pursuant to subdivision ( b) of Section 51179, or sites that have adopted fire hazard mitigation measures pursuant to existing building standards or state fire mitigation measures applicable to the development.
iv. A hazardous waste site that is listed pursuant to Section 65962.5 or a hazardous waste site designatedby the Department of Toxic SubstancesControl pursuant to Section 25356 of the Health and Safety Code, unless the StateDepartment of Public Health, State Water Resources Control Board, or Department of Toxic Substances Control has cleared the site for residential use or residential mixed uses. v. Within a delineated earthquakefault zone as determined by the StateGeologist in any official mapspublished by the StateGeologist, unlessthe development complies with applicable seismic protection building code standardsadopted by the California Building Standards Commission under the California Building Standards Law ( Part 2. 5 commencing with Section 18901) of Division 13 of the Health and Safety Code), andby any local building department under Chapter 12.2 (commencing with Section 8875) of Division 1 of Title

2. 9
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vi. Within a special flood hazard areasubject to inundation by the 1 percent annual chance flood ( 100-year flood) as determined by the Federal Emergency Management Agency in any official maps published by the Federal Emergency Management Agency. If a development proponent is able to satisfy all applicable federal qualifying criteria in orderto providethatthesite satisfiesthis subparagrapharidis otherwiseeligiblefor streamlined approval under this section, a local government shall not deny the application on the basisthat the developmentproponent did not comply with any additional permit requirement, standard,or action adoptedby that local government that is applicable to that site. A developmentmay be located on a site described in this subparagraph if either of the followirig are met: ( 1) The site has been subject to a Letterof MapRevisionpreparedby theFederalEmergencyManagementAgencyandissued to the local jurisdiction; or ( 2) The site meets Federal Emergency Management Agency requirementsnecessaryto meetminimumflood plain managementcriteriaof theNationalFlood InsuranceProgrampursuantto Part59(commencingwith Section59.1) andPart60 (commencing with Section 60. 1) of Subchapter B of Chapter I of Title 44 of the Code of Federal Regulations. vii. Within a regulatory floodway as determined by the Federal Emergency Management Agency in any official maps published by the Federal Emergency Management Agency, unless the development has received a no-rise certification in accordance with Section 60.3(d)( 3) of Title 44 of the Code of Federal Regulations. If a development proponent is able to satisfy all applicable federal qualifying criteria in order to provide tliat the site satisfies this subparagraph and is otherwise eligible for streamlined approval under this section, a local governmentshall not denythe applicationon thebasisthat the developmentproponentdid not comply with any additional permit requirement, standard, or action adoptedby that local government that is applicable to that site.
viii. Lands identified for conservation in an adopted natural community conservation plan pursuant to the Natural Community Conservation Planning Act Chapter 10 ( commencing with Section 2800) of Division. 3 of the Fish and Game Code), habitat conservationplanpursuantto thefederalEndangeredSpeciesAct of 1973 (16U.S.C. Sec. 1531 et seq.), or other adopted natural resource protection plan. ix. Habitat for protected species identified as candidate, sensitive,or speciesof special statusby stateor federal agencies,fully protectedspecies,or species protected by the federal Endangered Species Act of 1973 ( 16 U. S. C. Sec. 1531 et seq.), the California Endangered Species Act ( Chapter 1.5 ( commencing with Section 2050) of Division 3 of the Fish and Game Code), or the Native Plant Protection Act ( Chapter 10 ( commencing with Section 1900) of Division 2 of the Fish and Game Code). x. Lands under conservation easement.
b. The proposedhousing developmentwould not require demolition or alteration of any of the following types of housing:
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i. Housing that is subjectto arecorded covenant,ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income.
ii. Housing that hasbeenoccupied by a tenant in the last three 3) years.
c. The parcelsubjectto the proposedhousingdevelopmentis not a parcel on which an owner of residential real property has exercised the owner' s rights under Chapter 12. 75 ( commencing with Section 7060) of Division 7 of Title 1 to withdraw accommodationsfrom rent or leasewithin 15yearsbefore thedatethat the developmentproponent submits an application.
d. Notwithstanding anyprovision in the OrangeMunicipal Codeto the contrary, theproposedhousing developmentdoesnot allow the demolition of more than 25 percent of the existing exterior structural walls, unlessthe site hasnot beenoccupied by a tenantin the last three ( 3) years.
e. The development is not located within a historic district or property included on the State Historic ResourcesInventory, as defined in Section 5020.1 of the Public ResourcesCode, or within a site that is designatedor listed asa city or county landmark or historic property or district pursuant to a city or county ordinance.

2. The proposed housing development may be denied if the building official makes a written finding, basedupon apreponderanceof the evidence, that the proposed housing development project or urban lot split would have a specific, adverse impact, as defined and determined in Government Code Section 65589. 5( d)( 2), upon public health and safety or the physical environment, for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact:

3. The ministerial approval may include the conditions for a parcel map specified in section 16. 12. 030. E.

4. All rental units shall be rented for a term longer than 30 days.

5. An applicant for a parcel map to create an urban lot split shall sign an affidavit stating their intent to occupy one of the housing units as their principal residence for a minimum of three( 3) years from the dateof the approval of the urban lot split. Any" community land trust," as defined in Revenue and Taxation Code Section 402. 1( a)( 11)( C)( ii), or a" qualified nonprofit corporation" as described in Revenue and Taxation Code Section 214. 15, shall be exempt from the affidavit.

6. Accessory Dwelling Units ( ADUs) and/or Junior Accessory Dwelling Units ( JADUs) shall not be permitted in association with lots or units createdpursuant to SB 9 11 476
if three units on that lot would result. ADUs or JADUs existing on a lot shall preclude the ability to construct a secondunit or obtain an urban lot split pursuant to SB 9.

7. All development, design, and parcel map standardsin this section and in Chapter 17.14 shall be applied to units createdunder SB 9, provided that at least an 800 square foot unit is allowed to be constructed.

8. The following.objectivedesignstandardsshall applyto all single-family dwellings createdpursuant to SB 9 and to associatedon-site improvements:
a. Units with identical building elevations and/or floor plans shall not be located on adjacent lots or directly acrossthe street from eachother. b. Design elements and detailing shall be continued completely around the structure. Such design elements shall include window treatments, trim detailing, exterior wall materials, and color pallet. Firewalls are not exempt from tfie required design elements.
c. At least two ( 2) building materials shall be used on any building frontage ( excluding roof and foundation) in addition to glazing and railings. Any one material shall comprise at least 20% of the building frontage.
d. At least two ( 2) exterior colors shall be used. Elements that count toward this requirement include cladding material, trim/ accent colors, and visually significant colors for doors, and similar elements. Primary colors shall be used as accent colors only. e. Trash receptacleslocations shall be identified on project plans and shall demonstratescreeningfrom public view via equivalent-height landscapingor a solid wall or fence.
f. The main entry shall not be the garage door and shall be prominently placed on the elevation facing the street.
g. Linear streetscape appearance in the building facade shall be avoided by pro iding variations in horizontal plane in a minimum of 50% of the building front and street side elevations. Variations shall include indentations, recesses, or projections of two 2) feet or greater. Vertical architecturalelements (pilasters, columns, piers, other structural elements) shall vertically project a minimum of eight ( 8) feet in height and project a minimum of eight (8) inches from the building face.
h. Units shall include a minimurn three ( 3) element( s) from the following list to add visual variety and interest to building facadesand enhancethe connection betweenpublic and private realms: eaves, cornices, trellises, overhangs, exposedstructural 12 477
elements such as rafters, recessed windows, columns, bay windows. Other elements may be approved if they provide equivalent visual variety and interest. i. Primary interior living spaces (bedroom and living areas) shall be offset a minimum eight ( 8) feet from a facing neighboring primary interior spaceon the same story.
j. A minimum eight( 8) feet shall be maintained between anyprimary interior living space (bedroom andliving area) and an existing neighboring primary living space on the same story.
k. Trim surrounds shall be provided at all exterior window and door openings. Trim shall be substantial, visible, and at least two ( 2) inches in depth.

1. Classical window proportions shall be provided such as 2:1, 3:2, or.4: 3.
m. No building facademay extend in a continuous plane for more than 20 feet without a window, door, variation in horizontal plane, or vertical architectural element. n. A minimum three ( 3) foot wide interior clear planter width landscapingshall be providedbetweenthe closestparallelpropertyline to a drivewayandthe subject property. , For flag lots, the planter shall only be required adjacent to the property not part of the project. Within the planter area, landscaping shall be maintained at a height of no greater than 42 inches to allow for line of sight to pedestriansand motorists for vehicles exiting the driveway.
o. Driveways to required parking shall not be asphalt, shall be a minimum 12 feet in width, and shall be concrete, pavers, stone, brick, or similar material. No driveway shall be allowed for units that do not require an on-site covered parking, spaceand are not electing to include covered parking. Controlled or restricted entrances to required or provided parking areprohibited.

SECTION XIV:

Section 17. 14. 060 of the Orange Municipal Code, " Zoning — Residential Districts — Reserved," is hereby replaced with the following:

17. 14. 060 - Units Created in a Single- family( 1- 1) Residential Zone Pursuant to SS 9.

The development standards specified in Section 17. 13. 040. GGG and Table 17. 14. 060 shall apply to dwelling units createdunder SB 9. In addition the following shall apply:
13 478
A. In the event development standardsphysically preclude the construction of up to two (2) units or precludeeitherof thetwo (2) units from beingat least800squarefeetin floor area, a minimum 800 square foot unit shall be allowed with code waivers chosen and authorized by the Community Development Director based on prioritizing preservation of neighborhood characterandprivacyto adjacentproperties. TheDirectormayconsiderwaiverssuchas, butnot limited to:

1. Allowing half basement construction to facilitate two- story construction no greaterthan 16feet tall.

2. Allowing a reducedfront yard setback.

3. Reducing distancing from an existing structure on the original parcel:

B. Parking shall be provided asspecified in Chapter 17.34 C. One ( 1) bedroom is allowed for each five hundred ( 500) square foot increment of unit squarefeet. Increments arerounded up, e.g., a 1,001 squarefoot unit may have 3 bedrooms.

Bedroom and bathroom square feet shall be limited to no greater than 63.. 5% of the total square feet of the unit. Direct exterior accessto bedrooms is prohibited, exceptfor the largest bedroom.

D. All accessorystructures, including garages, shall be subject to the provisions of Title 17, including but not limited to setbacks, floor arearatio, lot coverage, distancing from other structures, ratio of structuresto dwelling, open space, and height. No Accessory Dwelling Units or JuniorAccessoryDwelling Units shallbeallowedonpropertycreatedor developedpursuantto SB 9.

Table 17. 14. 060

RESIDENTIAL DEVELOPMENT STANDARDS FOR UNITS CREATED IN A SINGLE- FAMILY ( R- 1) RESIDENTIAL ZONE PURSUANT TO SS 9
See next pageJ
14 479
Table 17. 14. 060
RESIDENTIAL DEVELOPMENT STANDARDS FOR UNITS CREATED IN A SINGLE- FAMILY ( R- 1) RESIDENTIAL ZONE PURSUANT TO SS 9
District Maximum Minimum Minimum Minimum Miniinum Minimum Yard Setback in Feet Maximum Maximum Minimum Units Per Lot Lot Area in Lot Area Per Lot Frontage Lot Depth in ( c)( d)( e) Height( Feet- Floor Area Usable Open Sq. Ft. ( a) Unit in Sq: in Feet( b) Feet Front Side Rear Stories) Ratio ( fl Spacein Sq.

Ft. ( a) whichever Ft.
height is less
All R1 2 1, 200 a) 30 40 20 4 4 16' - 1 story N/ R( g) h) districts
N/ R= No re uirement
a) If thelot is createdby anewparcelmapandtheparcelmapsubdividesanexistingparcelto createnomorethantwo (2) newparcels, theparcelsshallbeof approximately equal lot area, provided that one parcel shall not be smaller than 40% of the lot areaof the original parcel proposed for subdivision. No lot shall be smaller than 1,200 square feet.
b). The required width of the pole segmentof a flag lot, or easementfor accessto a lot with required parking, shall be 15 feet, which includes the required 12-foot.driveway width and a three-foot property line landscapebuffer. Such width is also required for lots without required driveways andparking. A lesseror greater easementwidth may be authorizedby theCommunityDevelopmentDirectorbasedonevidencejustifying theadjustment. Units locatedfurtherthanFire Departmenthosepull reachrequirements shall provide a 20-foot wide easementfor emergencyvehicle accessand a paved surfacemeeting Fire Code weight bearing requirements. c) No setbackshall be required for an existing structure or a structure constructedin the samelocation andto the samedimensions as an existing structure. d) An application shall not be rejected solely becauseit proposesadjacent or connectedstructuresprovided that the structures meetbuilding code safety standardsand are sufficient to allow separateconveyance. Therefore, connectedunits may be authorized, including units connectedto units on an adjacentlot pursuant to SB 9. e) Garagesare accessorystructures. Attached garagesshall adhereto setbackrequirements of eachrespectivezoning district in Table 17.14.070. Detachedgaragesand accessory structures shall adhere to the requirements of Section 17.14.160. fl Where accessorystructuresareproposed or exist, including attachedor detachedgarages, the maximum Floor Area Ratio (FAR) for accessorystructures shall be calculatedby combiningthesumof squarefeetof theproposedunit, anyexistingunits, andall accessorystructures, andshallbelimitedbythedistrictmaximumFAR specified in Table 17. 14. 070.
15 480
g) In lieu of a Floor Area Ratio requirement, each unit shall be limited in square feet based on lot size as follows:

Lot Area in Square Maximum Unit
Feet Square Feet*
1, 200— 4, 999 800 square feet
5, 000— 5, 999 800 square feet
6, 000— 6, 999 800 square feet
7, 000— 7, 999 800 square feet
8, 000— 9, 999 850 square feet
10, 000— 11, 999 900 square feet
12, 000— 14, 999 950 square feet
15, 000— 19, 999 1, 000 square feet
20, 000= 39, 999 1, 100 square feet
40, 000 and greater 1,200 square feet
Existing units may maintain existing FAR and lot coveragebut any expansion shall comply with development standardsin Table 17.14.070 h) Minimum usableopenspace, asdefined in Section 17.04.034, shall require the following squarefeet per district:

Minimum
District
Usable Open
Spacein Sq.

Ft. ( c
R1- 5 1, 000 sf
R1- 6 1, 100 sf
R1- 7 1; 100 sf
Rl- 8 1,200 sf
R1- 10 1, 200 sf
R1- 12 1,300 sf
R1- 15 1,700 sf
R1- 20 2, 500 sf
R1- 40 2, 500 sf
16 481
SECTION XV:

Table 17. 14. 070 of the Orange Municipal Code, " Zoning — Residential Districts — Residential Development Standards," is hereby amendedto read asfollows:

Table 17. 14. 070

RESIDENTIAL DEVELOPMENT STANDARDS
See next pageJ
17 482
Table 17. 14. 070

RESIDENTIAL DEVELOPMENT STANDARDS
District Units Minimum Minimum Minimum Minimum Minimum Yard Setback in Feet b, h Maximum Maximum Minimum Per Lot Area in Lot Area Lot Lot Depth in Front Side Rear Height ( Ft.- Floor Area Usable Lot Sq. Ft. ( x) Per Unit in Frontage in Feet Stories) Ratio ( o) or Open Sq. Ft. Feet ( a) whichever Lot Space in
is less ( g) Coverage Sq. F#. ( q)
p
R1- 5 1 5, 000( v. 1) N/ R 50( k) 90 Bld- 15 c, v. 2) v. 2) 32'- 2 Based on 875 sf aa) Gar- 20 ( v. 2) : stories bldg.
ad v. 3. w
R1- 6 1 6, 000 N/ R 60( k) 100 20 5( c) 20( d, e, f) 32'- 2 u) 900 sf aa stories y
R1- 7 1 7, 000 N/ R 60( k) 100 20 5( c) 20( d, e, f) 32'- 2 u) _ 950 sf aa stories
R1- 8 1 8, 000 N/ R 60( k) 100 20 5( c) 20( d, e, f) 32'- 2 u) 1, 000 sf aa stories
R1- 10 1 10, 000 N/ R 80( k) . . 100 20 5( c) 20( d, e, f) 32'- 2 u) 1,000 sf aa stories
R1- 12 1 12, 000_ N/ R 80( k) 100 20 5( c) 20( d, e, f) 32'- 2 u) 1, 000 sf aa stories
R1- 15 1 15, 000 N/ R 80( k) 100 20 5( c) 20( d, e, f) 32'- 2 u) 1, 200 sf aa stories
R1- 20 1 20, 000 N/ R 100( k) 100 20 5( c) 20( d, e; f) 32'- 2 u) 1, 500 sf aa stories
R1- 40 1 43, 560 N/ R 100( k) 100 20 , 5( c) 20( d, e, f) 32'- 2 0. 40 FAR 2, 000 sf aa stories
R1- R 1 108, 900 N/ R 100( k) 100 20 5( c) 20( d, e, f) 32'- 2 0. 40 FAR 2, 000 sf aa stories
Notes:
aa) For all units constructed or lots created pursuant to SB 9, apply the development standards in Table 17.14.060. 18 483
SECTION XVI:

The first paragraph of Section 17. 14. 080 of the Orange Municipal Code, " Zonirig — Residential Districts— Building Lot Area Requirements," is hereby amendedto read asfollows:

Tables 17.14.060 and 17.14.070 indicate theminimum building lot areafor individual lots.

The following portions of a lot shall not be included in the minimum building lot calculation:

SECTION XVII:

The Sirigle=family Dwelling Useprovisions of Table 17.34.060.A of the OrangeMunicipal Code, " Zoning — Off- Street Parking and Loading — Required Number of Parking Spacesfor Residential Uses," is hereby amendedto read asfollows:

Table 17. 34. 060. A

REQUIRED NUMBER OF PARHING SPACES FOR RESIDENTIAL USES

USE REQUIRED NUMBER OF SPACES
Single- 2 enclosedgaragespaces/unit up to 4 bedrooms accessedby a 12 foot wide 20 family foot long driveway. For 5 ormorebedrooms, 1 additionalenclosedspacewhich Dwelling may be in tandem configuration but may not be in a required front yard setback.

Forbedroomadditionsto homesbuilt prior totheeffectivedateof Ordinance17= 08, refer to Section 17. 34. 020( A).

For PUDs, units with 3 or more bedrooms shall provide an additional 1.5 guest parking spacesper dwelling unit. Of this requirement, 1 openparking spacemay be provided at the residencesubjectto compliance with Section 17.16.060.

Enclosed spacesdemolished or converted in associationwith construction of an accessorydwelling unit shall not require replacement.

For dwelling units createdunder SB 9: oneparking space, accessedby a 12 foot wide 20 foot long driveway, shall be provided for parcelsunlessthey arelocated within %2mile walking distance of either a high-quality transit corridor, a major transitstop, or within 1block of a carsharevehicle. No parkingspaceshallbe required for parcels within % z mile walking distance of either a high- quality transit corridor, a major transit stop,_or within 1 block of a car sharevehicle.

SECTION XVIII:

Section 17. 3 8. 080 of the Orange Municipal Code," Zoning— Nonconforming Uses— Urban Lot Split( SB 9) Exception to Compliance( Nonconformities)," is hereby addedto read asfollows:

17. 38. 080 Urban Lot Split( SB 9) Exception to Compliance ( Nonconformities).

The City shall not require the correction of nonconforming zoning conditions asa condition for ministerial approval of a parcel map application for the creation of an urban lot split pursuant 19 484
toSB9.

SECTION XIX:

The .subject Urgency Ordinance is exempt from the provisions of the California Environmerital Quality Act ( CEQA) per State CEQA Guidelines 15060( c)( 2), 15060( c)( 3) and 15061(b)(3) becauseit will not result in a direct or reasonablyforeseeableindirect physical change in the environment, because there is no possibility it will have a significant effect on the environment, and it is not a " project", as defined in Section 15378 of the State CEQA Guidelines.

In the unlikely event the Urgency Ordinance would constitute a project under CEQA, it is exempt from theprovisionsof CEQAper StateCEQA Guideline15321 (Class21, EnforcementActions by Regulatory Agencies) becauseit is an action taken by the City as a regulatory agency, as authorizedby local ordinance, to regulateasauthorizedby SB 9, theprocessingof lot splitsand applications for construction of seconddwelling units in single-family residential zones in order to preventapublic nuisance. As such, nofurtheranalysisis warrantedorrequired.

SECTION XX:

This Urgency Ordinance is intended to immediately supersedeany existing provisions of the OrangeMunicipal Codeto the extentthoseexistingprovisionsare inconsistentwith this Urgency Ordinance.

SECTION XXI:

If any section, subdivision, paragraph, sentence, clause or phrase of this Urgency Ordinance is for any reasonheld to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this Urgency Ordinance. The City Council hereby declares that it would have passed this Urgency 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 uncoristitutional.

SECTION XXII:

In accordaneewith Government Code 36937and 65858,this Urgency Ordinance shall take effect immediately in order to protect thepublic peace,health, safety andwelfare of the community andbe in effect for forty-five (45) daysfrom the dateof adoptionunlessotherwiserepealedor extended.

SECTION XXIII:

A summaryof this UrgencyOrdinanceshallbe publishedoncewithin fifteen (15) days after this Urgency Ordinance is passed, in a newspaper of general circulation, published and circulated in the City of Orange. The City Clerk shall post in the Office of the City Clerk, a certified copy of the full text of such adoptedUrgency Ordinance along with the namesof those 20 485
City. Council membersvoting for and againstthe Urgency Ordinancein accordancewith Government Code 36933.

ADOPTED this 14th day of December, 2021.
l/
Mark A. urphy, Mayor, City of Or n
ATTEST:

PamelaColeman, City Clerk, City of Orange

STATE OF CALIFORNIA )

COUNTY OF ORANGE )

CITY OF ORANGE )
I, PAMELA COLEMAN, City Clerk of theCity of Orange, California, do herebycertify thatthe foregoinginterim Ordinancewasduly passedandadoptedat theregularmeetingof the City Councilheldonthe 14thdayof December, 2021by thefollowing vote, to wit:

AYES: COLTNCILMEMBERS: Murphy, Nichols, Monaco, Barrios, Dumitru, Tavoularis, Gutierrez
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
ABSTAIN: COUNCILMEMBERS: None
Pamela, Coleman, City Clerk, City of e
21 486
487
Agenda Item
City Council
Item #: 8.5. 11/15/2022 File #: 22-0600
TO: Honorable Mayor and Members of the City Council
FROM: Gary A. Sheatz, City Attorney

1. SUBJECT
Public Hearing to receive and file report summarizing measures taken to evaluate impacts addressed by interim Ordinance No. 18-21; and to consider adoption of second extension of interim Ordinance No. 18-21 and finding of CEQA exemption.

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 interim Ordinance No. 18-21 prior to its extension. The extension of the Ordinance would continue to impose ministerial development standards on lot splits and construction of second dwelling units in R1 zones, and revise definitions related thereto for an additional year, unless permanent regulations are adopted prior to that time.

3. RECOMMENDED ACTION

1. Receive and file report of measures taken.

2. Adopt Ordinance No. 18-21-B. Second extension of an interim Ordinance of the City Council of the City of Orange amending Title 16 (Subdivisions) and Title 17 (Zoning) of the Orange Municipal Code by enacting ministerial standards applicable to lot splits in single-family residential zones allowed as a result of SB 9, enacting ministerial standards applicable to the location, access, size and setback of second dwelling units in single-family residential zones allowed as a result of SB 9, and revising definitions to clarify said development standards.

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 September 2021, Governor Newsom signed into law SB 9, which became effective on January 1, 2022. SB 9 requires the City to approve, as a ministerial action and without discretionary review, certain lot splits in single-family residential (R1) zones, and also requires the City to approve, also as a ministerial action and without discretionary review, certain applications to add a second dwelling City of Orange Printed on 11/10/2022Page 1 of 2
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Item #: 8.5. 11/15/2022 File #: 22-0600
unit on a single-family lot.

Interim Ordinance No. 18-21 set into place allowable development standards permitted by SB 9 in an attempt to establish preliminary standards on the expected SB 9 development applications. The negative impacts from the unregulated splitting of R1 single-family lots and addition of a second dwelling unit on a single-family lot could quadruple the density of those zones, creating incompatibility with the City’scurrent single-family neighborhood development standards for those zones, among other City resource concerns. If unregulated, the increase in density and development of additional dwellings on single-family lots would cause numerous deleterious effects on the City’s infrastructure as well as the families residing therein, including parking and traffic problems, overuse of existing utility systems, loss of privacy, application of development standards not designed for higher density housing, fire, police and other public safety concerns, all of which effects constitute a public nuisance to the community.

On December 14, 2021, the City Council adopted interim Ordinance No. 18-21, which addressed the immediate threat to the public health, safety and welfare caused by the ability to split R1 lots and add second units to R1 lots. It provided procedures for evaluating applications for lot splits and additional residential units, established objective development standards for lot splits and additional residential units, and revised definitions relating thereto. That Ordinance was valid for 45 days. On January 11, 2022, the City Council extended interim Ordinance No. 18-21 for an additional ten and a half months, until December 13, 2022.

California Government Code Section 65858(a) permits the interim Ordinance to be extended for one additional year in order to give the City sufficient time to evaluate the impacts of SB 9 and develop enforceable standards for its application. Staff’sreview of the potential impacts of SB 9 is on-going and includes evaluation of the impacts of additional new state legislation reducing parking requirements for housing proposals and otherwise limiting the City’s ability to regulate housing proposals. Additional time for research and empirical study is needed. As such, staff is recommending adoption of the second extension of interim Ordinance No. 18-21, to remain in effect until December 13, 2023.

7. ATTACHMENTS
· Ordinance No. 18-21-B
City of Orange Printed on 11/10/2022Page 2 of 2
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489
ORDINANCE NO. 18- 21- B

SECOND EXTENSION OF AN INTERIM ORDINANCE OF

THE CITY COUNCIL OF THE CITY OF ORANGE
AMENDING TITLE 16 ( SUBDIVISIONS) AND TITLE 17

ZONING) OF THE ORANGE MUNICIPAL CODE BY

ENACTING MINISTERIAL STANDARDS APPLICABLE TO

LOT SPLITS IN SINGLE- FAMILY RESIDENTIAL ZONES
ALLOWED AS A RESULT OF SB 9, ENACTING

MINISTERIAL STANDARDS APPLICABLE TO THE

LOCATION, ACCESS, SIZE AND SETBACK OF SECOND

DWELLING UNITS IN SINGLE- FAMILY RESIDENTIAL
ZONES ALLOWED AS A RESULT OF SB 9, AND REVISING

DEFINITIONS TO CLARIFY SAID DEVELOPMENT
STANDARDS.

WHEREAS, the City Council of the City of Orange,pursuantto its police powers afforded under the California Constitution, Article XI, Section 7, California Government Code 37100, et seq.,may adopt regulations to protect thepeace,health, safety and welfare of the community, and may declare that certain uses and conditions constitute a public nuisance; and WHEREAS, California Government Code 38771 authorizes the City, through its legislative body, to declareactionsandactivities that constitute apublic nuisancein its community; and
WHEREAS, California Government Code 65858 authorizes the City, through its legislative body, to protect the peace, health, safety andwelfare of the community by adopting as anurgency measureanordinanceprohibiting any usesthat may be in conflict with a contemplated general plan, specific plan, or zoning proposal that the legislative body, planning commission or theplanningdepartmentis consideringor studyingor intendsto studywithin a reasonabletime; and
WHEREAS, the Governor of the State of California signed into law legislation (" SB 9"), effective January 1, 2022, which requires the City to ministerially approve certain applications for a lot split on a single-family residentially-zoned property, which allows the creation of two half- sized lots where there was previously one lot; and
WHEREAS, SB 9 also requires the City to ministerially approve certain applications to build a secondunit on a single-family residentially- zonedproperty, which allows two residential dwellings on a single-family( Rl) lot wherethere waspreviously only one dwelling permitted; and WHEREAS, these two provisions of SB 9— allowing alot split andallowing a secondunit on a single- family lot - may be combined, resulting in the transformation of a single-family residential lot with one dwelling unit becoming two lots with two dwelling units each for a total of four dwelling units on the same- sized piece of property; and 490
WHEREAS, the single- family residential ( R1) zones in the City, which include neighborhoods with lots ranging from 6,000 to 20, 000 square feet, one acre, and one-and-a-half acres and up, were thoughtfully planned based on the goals of the General Plan of the City, the quality of life in single-family residential neighborhoods, the public safety resources, the utility and transportation infrastructure, City recreational resources, including parks andlibraries, school district considerations, and many other elements associatedwith sound and establishedplanning practices; and
WHEREAS, the City' s Zoning Code and General Plan also designatenumerous duplex and multi- family residential zones allowing higher density housing opportunities, that were also carefully planned to ensureahigh quality of life in multi- family residential neighborhoods, access to public safety resources, an efficient utility and transportation infrastructure, and an appropriate level of City recreational, park and library resources; and WHEREAS, SB 9 has the effect of a wholesale conversion of each of the carefully designed single-family residential zonesin the City into residential zoneswith double, triple and up to quadruplethe anticipateddensityof thosezones, creatingincompatibility with the City' s single-family neighborhooddevelopmentstandardsfor thosezones, amongotherCity resource concerns; and
WHEREAS, if unrestricted and left unregulated, the increase in potential density in the City' s single-family zones would causenumerous deleterious effects on the City' s infrastructure aswell asthefamiliesresidingtherein,includingparkingandtraffic problems,overuseof existing utility systems, loss of privacy, application of development standardsnot designed for higher densityhousing,fire safetyandotherpublic safetyconcerns, all of whicheffectsconstituteapublic nuisanceto the community; and
WHEREAS, SB 9 allows the City to impose certain objective requirementsregulating said applicationsto split and/or to build additionalresidentialunits on a single-family residentially- zoned property; and
WHEREAS, the Orange Municipal Code (OMC) doesnot currently contain a processor objective development standardsfor ministerially processinglot split applications; and WHEREAS, the OMC does not currently contain a process or objective development standards for ministerially processing applications to build non-ADU second dwelling units in single-family zones; and
WHEREAS, on December 14, 2021, the City Council adoptedinterim OrdinanceNo. 18- 21,.`imposingdevelopmentstandardson lot split andseconddwelling unit developmentprojects submitted pursuantto SB 9, which Ordinance was effective for forty- five days; andon January11, 2022, the City Council extended interim Ordinance No. 18-21 for an additional ten months and fifteen days, until December 13, 2022; and
491
WHEREAS, pursuant to Government Code Section 65858( a), after notice and a public hearing as required by law, the City Council may, by a four-fifths vote, extend the interim Ordinance for an additional one year, until December 13, 2023; and WHEREAS, extension of interim Ordinance No. 18- 21 will extend the development standardsapplicable to lot split and seconddwelling unit projects submitted pursuantto SB 9; and WHEREAS, notice of apublic hearing on the subjectmatter waspublished in anewspaper of general circulation in accordancewith Government Code Section 65090; and WHEREAS, a public hearing was held on November 15, 2022, to consider extension of interim Ordinance No. 18-21, for one year, until December 13, 2023; and WHEREAS, the City is continuing to study the required procedure for evaluating applications for lot splits and additional residential units in single-family zones to determine the , proper level of review required to protect the peace, health, safety andwelfare of the public; and WHEREAS, the City is also continuing to study the development standardscontained in its Zoning Code to examine under what circumstances and to what extent SB 9 allows the City to imposereasonableandobjective regulations on the potential lot splits and/or additional residential units; and
WHEREAS, the City Council of the City of Orangefinds:

1. That the ministerial approval of lot splits and second dwelling units on single- family residentially- zoned properties is not currently addressedby the current Subdivision Code or Zoning Code and, without appropriate standards, would result in a threat to public peace, health, safety or welfare; and

2. That in the absence of objective standards applicable to lot splits and second dwelling units created by SB 9, there is a current and immediate threat to the public peace,health, safety and welfare; and

3. That the second extension of interim Ordinance No. 18- 21 as set forth herein is necessary to mitigate and avoid the specific adverse impacts stated herein and will help preservethe public peace, health, safety andwelfare; and

4. That there is no feasible alternative to satisfactorily mitigate or avoid the specific, adverse impacts stated herein as well or better, with a less burdensome or restrictive effect, than extension of interim Ordinance No. 18- 21; and WHEREAS, the City finds that the provisions of this interim Ordinance are consistent with the City of Orange General Plan; and
WHEREAS, this interim Ordinance has been reviewed for compliance with the California Environmental Quality Act ( CEQA), the CEQA Guidelines, and the City' s environmental 492
procedures, and has been found to be exempt, consistent with the findings in Section XIX of this interim Ordinance; and
WHEREAS, the City Council doestherefore determine,by at least a four-fifths vote, that a second extension of this interim Ordinance is necessaryfor the immediate preservation of the public peace,health, safety and welfare of the community.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ORANGE DOES HEREBY ORDAIN AS FOLLOWS:

SECTION I:

That the recitals and findings contained herein are true and correct, incorporated herein, and with the public record, form the basis for the extensionof this interim Ordinance.

SECTION II:

Section 16. 08. 010. E of the Orange Municipal Code, " Subdivisions — Maps — General Provisions," is hereby amendedto read as follows:

E. The advisory agencywith thepower of final approval over the tentative parcel map, shall thereupon make a finding that the proposed division of land complies with all requirements of the Subdivision Map Act or this title, and all other resolutions and ordinances of this City, including, but not limited to, requirementsconcerning area, improvements and design, floodwater drainage control, appropriate improved public roads, sanitary disposal facilities, water supply availability, public safety facilities and environmental protection. For parcel maps submitted pursuant to SB 9, the Community Development Director shall approveor deny the application for a parcel map for an urban lot split ministerially without discretionary review.

SECTION III:

The title of Section 16. 12. 030 of the Orange Municipal Code, " Subdivisions — Procedure Tentative Parcel Map — Staff Review Committee Approval," is hereby amended to read as follows:

16. 12. 030 Tentative Parcel Map— Approval or Denial.

SECTION IV:

Section 16. 12. 030 of the Orange Municipal Code, " Subdivisions— Procedure— Tentative Parcel Map— Approval or Denial," is hereby amendedto addthe following:

E. The Community Development Director shall have authority to approve all parcel map applications for anurban lot split proposedin a single-family residential zone,pursuantto SB

9. Approval shall be a ministerial action without discretionary review. 493

1. For approval of a parcel map the Community Development Director shall find the following:
a. The parcel map subdivides anexisting parcel to createno more than two (2) new parcels of approximately equal lot areaprovided that one parcel shall not be smaller than 40 percent of the lot areaof the original parcel proposed for subdivision. b. Both newly createdparcels areno smaller than 1,200 squarefeet. c. The parcel being subdivided meetsall the following requirements:
i. The parcel is located within a single-family residential zone. ii. The parcel meets all requirements of Section

17. 13. 040. GGG. 1.
iii. The parcel hasnot beenestablishedthrough prior exerciseof anurbanlot split asprovidedfor in SB9.
iv. Neither the owner of the parcel being subdivided nor any person acting in concert with the owner has previously subdivided an adjacent parcel using an urbanlot split asprovidedfor in SB9.
v. The parcel map conforms to all applicable objective requirements of the Subdivision Map Act( commencing with Section 66410), except as otherwise expresslyprovided in SB 9.
d. In furtherance of the intent of SB9 to createdwelling units, plans for units on a lot undergoing a parcel map application shall have received approval through the building permit plan check process and be ready for building permit issuanceconcurrently with final parcel map approval.

2. The Community Development Director shall place the following conditions on approval of the parcel map as appropriate:
a. A requirement for easementsfor the provision of public safety services and facilities.
b. A requirement that the parcels have accessto, provide accessto, or adjoin the public right- of-way.
c. A requirementfor off-streetparkingpursuantto the single-family residence parking requirement specified in Table 17. 34. 060. A. 494
d. A requirement that the uses allowed on the lots be limited to residential uses.

3. The City shall not require dedications of rights-of-way or the construction of offsite improvements for the parcelsbeing createdasa condition of issuing a parcel map.

4. The authority for denial of a parcel map submitted pursuant to SB 9 is the building official. For denialof a parcelmapthe building official shallmakea written finding, basedupon apreponderanceof the evidence,that theproposedhousing developmentproject would have a specific, adverse impact, as defined and determined in Government Code Section 65589. 5( d)( 2), uponpublic healthandsafetyor thephysicalenvironment, for which thereis no feasible method to satisfactorily mitigate or avoid thespecific, adverseimpact.

SECTION V:

Section 16. 16. 020 of the Orange Municipal Code, " Subdivisions — Requirements- Dedications- Fees — Street, Alley and Easement Dedications," is hereby amended to add the following:

E. The City shall not require dedicationsof rights-of-way or the construction of offsite improvements for parcels created pursuant to SB 9. Easementsfor public safety services and facilitiesfor suchparcelsmayberequiredby theCommunityDevelopmentDirector.

SECTION VI:

Section 16. 16. 170 of the Orange Municipal Code, " Subdivisions — Requirements- Dedications- Fees— Soils Report Required," is hereby amendedto addthe following:

D. For parcel maps submitted pursuant to SB 9, with residential units connectedto an onsite wastewatertreatment system,the applicant may submit a percolation test completedwithin the last five( 5) years, or, if the percolation test hasbeenrecertified, within the last ten( 10) years.

SECTION VII:

Section 17. 04. 023 of the Orange Municipal Code, " Zoning = Definitions — " D" Definitions," is hereby amendedto read asfollows:

DUPLEX OR DUPLEX RESIDENTIAL - An attached or detachedbuilding containing two dwelling units wherein the occupants of each individual dwelling unit are living and functioning together as a single housekeeping unit, meaning that they have establishedties and familiarity with each other, jointly use common areas, interact with each other, share meals, household activities, expensesand responsibilities, membershipin the single housekeepingunit is fairly stableasopposedto transient, andmembershavesomecontrol over who becomesamember of the single housekeeping unit. A property designatedDuplex Residential is neither a single- family nor a multi- family property.
495
SECTION VIII:

Section 17. 04. 031 of the Orange Municipal Code, " Zoning — Definitions — " L" Definitions," is hereby amendedto read asfollows:

LOT LINE, FRONT- In the caseof an interior lot, the line dividing the lot from the street.

In the caseof a corner lot or through lot, the shorter lot line abutting a street shall be deemedthe front lot line and the longer lot line abutting a street shall be deemed an exterior side, unless determined otherwise by the Zoning Administrator. In the case of a through lot or a corner lot whose exterior lot lines are the samelength, the lot line where the principal accessto the lot is provided shall be deemedto be the front lot line. In the caseof an interior lot, when the lot line abutting a street is curved, the front lot line follows the curve; for corner lots, separation of lines occurs at the middle of the curve. For a flag lot, the front lot line is the shortestlot line adjoining the pole portion of the lot including the width of the pole asshown in the figure that follows.

Side Property Line
C
Neighboring a, o c
Property o c
J
Flag Lot a
c
10 Side Property Line
SECTION IX:

Section 17. 10. 060. D. 1. b of the Orange Municipal Code," Zoning— Specific Administrative Procedures — Site Plan Review— Minor Site Plan Review - Criteria," is hereby amended to read as follows:
b. Construction of six (6) or fewer residential units on a single parcel, when only one parcel is being developed. Units constructed in single- family ( R- 1) districts pursuant to SB 9 shall not require site plan review under this section.

SECTION X:

Section 17. 10. 060. D. 1. f of the Orange Municipal Code," Zoning— Specific Administrative Procedures — Site Plan Review— Minor Site Plan Review - Criteria," is hereby amendedto read as follows:
f. Creation of lots or building sites with no direct accessto a public street except for those with access easements created to accommodate the construction of a single- family dwelling in a single-family ( R-1) district pursuant to SB 9.

SECTION XI:
496
Section 17. 10. 070. B. 7 of the Orange Municipal Code, " Zoning— Specific Administrative Procedures— Design Review— When Design Review is Required- Exception," is hereby addedto read as follows:

7. Exception. Units createdin a single-family ( R- 1) residential zonepursuant to SB 9 shall not require design review but shall instead meet all objective design review standards specified in Section 17. 13. 040. GGG and Chapter 17. 14.

SECTION XII:

Table 17. 13. 030 of the Orange Municipal Code, " Zoning — Master Land Use Table — Permitted Uses," is hereby amended to add the following:
497
Table 17. 13. 030 Permitted Uses.

AGRICULTURA SAND

ZONIN RESIDENTIAL COMMERCIAL MIXED USE INDUSTRIA L P OVERLA &

G L OPEN SPACE I Y GRAVE
L
LAND R1 R1 R1 R2 RR M 0 CP/ C CT C C C OTMU OTMU OTMU NMU UM M M2 Al R S P FP- FP- SG USE 5 - 6 - 20 - 6 - 3 - 4 H P 1 R 2 3 R - 155 - 15 24 24 U 1 0 H I 1 2 to to to
R- R- R2
15 14 - S
0 R1
R
Housing— Includes all structures permitted as living quarters whether they be for short or long- term occupancy. Includes all usesidentified in California Building Code defmitions that are preceded with main entry words ( key terms) that include one of the following: Dwelling, unit, house, housing, congregate, residence, multifamily, dormitory, home( s), hotel, motel, residential care facility, residential facility, or lodging.

Single- P# P P P PP - P - P* P* P* P family
dwellin
g
Single- P* p* p* - - - - - - family
dwelling
created
pursuant
toSB9
498
SECTION XIII:

Section 17. 13. 040 of the Orange Municipal Code, " Zoning — Master Land Use Table — Special Use Regulations," is hereby amendedto addthe following:

GGG. Single-family Dwelling CreatedPursuantto SB 9.

1. Approval shall be subject to the proposedhousing developmentmeeting all the requirements of SB 9 which include:
a. The parcel is not locatedon a site specified in subparagraphs (B) to K), inclusive, of Government Code Section 65913.4(a)(6) that is any of the following:
i. Either prime farmland or farmland of statewide importance, as defined pursuant to United StatesDepartment of Agriculture land inventory and monitoring criteria, asmodified for California, anddesignatedon themapspreparedby the Farmland Mapping and Monitoring Program of the Department of Conservation, or land zoned or designated for agriculturalprotectionor preservationby alocalballotmeasurethatwasapprovedby thevoters of that jurisdiction.
ii. Wetlands, as defined in the United States Fish and Wildlife Service Manual, Part 660 FW 2 (June 21, 1993).
iii. Within a very high fire hazard severity zone, as determined by the Department of Forestry and Fire Protection pursuant to Section 51178, or within a high or very high fire hazardseverityzoneasindicatedon mapsadoptedby the Depattalentof Forestry and Fire Protection pursuant to Section 4202 of the Public ResourcesCode. This subparagraph does not apply to sites excluded from the specified hazard zonesby a local agency, pursuant to subdivision ( b) of Section 51179, or sites that have adopted fire hazard mitigation measures pursuant to existing building standards or state fire mitigation measures applicable to the development.
iv. A hazardous waste site that is listed pursuant to Section 65962.5 or a hazardous waste site designatedby the Department of Toxic SubstancesControl pursuant to Section 25356 of the Health and Safety Code, unless the StateDepartment of Public Health, State Water Resources Control Board, or Department of Toxic Substances Control has cleared the site for residential use or residential mixed uses. v. Within a delineatedearthquakefault zone as determined by the StateGeologist in any official mapspublished by the StateGeologist, unlessthe development complies with applicable seismic protection building code standardsadopted by the California Building Standards Commission under the California Building Standards Law ( Part 2. 5 commencing with Section 18901)of Division 13of the Health and Safety Code), andby any local building department under Chapter 12.2 (commencing with Section 8875) of Division 1 of Title

2. 499
vi. Within a special flood hazard areasubject to inundation by the 1 percent annual chance flood ( 100-year flood) as determined by the Federal Emergency Management Agency in any official maps published by the Federal Emergency Management Agency. If a development proponent is able to satisfy all applicable federal qualifying criteria in orderto providethat the sitesatisfiesthis subparagraphandis otherwiseeligible for streamlined ' approval under this section, a local government shall not deny the application on the basisthat the developmentproponentdidnotcomplywith anyadditionalpermitrequirement,standard,oraction adoptedby thatlocal governmentthatis applicableto thatsite. A developmentmaybelocatedon a site described in this subparagraph if either of the following are met: ( 1) The site has been subject to a Letterof Map Revisionpreparedby theFederalEmergencyManagementAgencyandissued to the local jurisdiction; or ( 2) The site meets Federal Emergency Management Agency requirements necessaryto meet minimum flood plain managementcriteria of the National Flood InsuranceProgram pursuantto Part 59( commencingwith Section 59.1) andPart 60 (commencing with Section 60. 1) of Subchapter B of Chapter I of Title 44 of the Code of Federal Regulations. vii. Within a regulatory floodway as determined by the Federal Emergency Management Agency in any official maps published by the Federal Emergency Management Agency, unless the development has received a no-rise certification in accordance with Section60.3(d)(3) of Title 44 of the Codeof FederalRegulations. If a developmentproponent is able to satisfy all applicable federal qualifying criteria in order to provide that the site satisfies this subparagraph and is otherwise eligible for streamlined approval under this section, a local government shall not deny the application on the basis that the development proponent did not comply with any additional permit requirement, standard, or action adopted by that local government that is applicable to that site.
viii. Lands identified for conservation in an adopted natural community conservation plan pursuant to the Natural Community Conservation Planning Act Chapter 10 ( commencing with Section 2800) of Division 3 of the Fish and Game Code), habitat conservation plan pursuant to the federal EndangeredSpeciesAct of 1973 (16 U.S.C. Sec. 1531 et seq.), or other adopted natural resource protection plan. ix. Habitat for protected species identified as candidate, sensitive,or speciesof specialstatusby stateor federal agencies,fully protected species,or species protected by the federal Endangered Species Act of 1973 ( 16 U. S. C. Sec. 1531 et seq.), the California EndangeredSpeciesAct ( Chapter 1.5 (commencing with Section 2050) of Division 3 of the Fish and Game Code), or the Native Plant Protection Act ( Chapter 10 (commencing with Section 1900) of Division 2 of the Fish and Game Code). x. Lands under conservation easement.
b. The proposedhousing development would not require demolition or alteration of any of the following types of housing:
500
i. Housing that is subject to a recorded covenant, ordinance, or law thatrestrictsrentsto levelsaffordableto personsandfamiliesof moderate, low, or very low income.
ii. Housing that hasbeen occupied by a tenant in the last three 3) years.
c. The parcel subject to the proposed housing development is not a parcel on which an owner of residential real property has exercised the owner' s rights under Chapter 12. 75 ( commencing with Section 7060) of Division 7 of Title 1 to withdraw accommodationsfrom rent or leasewithin 15yearsbefore the datethat the developmentproponent submits an application.
d. Notwithstanding any provision in the Orange Municipal Code to the contrary, theproposedhousing development doesnot allow the demolition of more than 25 percent of the existing exterior structural walls, unlessthe sitehasnot beenoccupied by a tenant in the last three ( 3) years.
e. Thedevelopmentis notlocatedwithin ahistoricdistrictor property includedon the StateHistoric ResourcesInventory, asdefinedin Section5020.1 of the Public ResourcesCode,or within asitethatis designatedorlistedasacity or countylandmarkor historic property or district pursuant to a city or county ordinance.

2. The proposed housing development may be denied if the building official makes a written finding, basedupon apreponderanceof the evidence, that the proposedhousing development project or urban lot split would have a specific, adverse impact, as defined and determined in Government Code Section 65589. 5( d)( 2), upon public health and safety or the physical environment, for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact.

3. The ministerial approval may include the conditions for a parcel map specified in section 16. 12. 030. E.

4. All rental units shall be rented for a term longer than 30 days.

5. An applicant for a parcel map to create an urban lot split shall sign an affidavit statingtheir intentto occupyoneof thehousingunits astheir principal residencefor a minimum of three( 3) years from the date of the approval of the urban lot split. Any" community land trust," as defined in Revenue and Taxation Code Section 402. 1( a)( 11)( C)( ii), or a" qualified nonprofit corporation" as described in Revenue and Taxation Code Section 214. 15, shall be exempt from the affidavit.

6. Accessory Dwelling Units ( ADUs) and/or Junior Accessory Dwelling Units ( JADUs) shall not be permitted in association with lots or units created pursuant to SB 9 501
if three units on that lot would result. ADUs or JADUs existing on a lot shall preclude the ability to construct a secondunit or obtain an urban lot split pursuant to SB 9.

7. All development, design, and parcel map standardsin this section and in Chapter17.14shallbe appliedto units createdunderSB 9, providedthatat leastan 800square foot unit is allowed to be constructed.

8. The following objective design standardsshall apply to all single-family dwellings createdpursuant to SB 9 and to associatedon-site improvements:
a. Units with identical building elevations and/or floor plans shall not be located on adjacent lots or directly acrossthe street from eachother. b. Design elements and detailing shall be continued completely around the structure. Such design elements shall include window treatments, trim detailing, exterior wall materials, and color pallet. Firewalls are not exempt from the required design elements.
c. At least two ( 2) building materials shall be used on any building frontage (excludingroof andfoundation) in additionto glazingandrailings. Any onematerial shall comprise at least 20% of the building frontage.
d. At least two ( 2) exterior colors shall be used. Elements that count toward this requirementinclude claddingmaterial, trim/accentcolors, andvisually significant colors for doors, and similar elements. Primary colors shall be used as accent colors only. e. Trash receptacleslocations shall be identified on project plans and shall demonstrate screening from public view via equivalent-height landscaping or a solid wall or fence.
f. The main entry shall not be the garage door and shall be prominently placed on the elevation facing the street.
g. Linear streetscape appearance in the building facade shall be avoided by providing variations in horizontal plane in a minimum of 50% of the building front and street side elevations. Variationsshallincludeindentations, recesses, or projectionsof two 2) feet or greater. Vertical architectural elements (pilasters, columns, piers, other structural elements) shall vertically project a minimum of eight ( 8) feet in height and project a minimum of eight ( 8) inches from the building face.
h. Units shall include a minimum three ( 3) element( s) from the following list to addvisual variety andinterestto building facadesandenhancethe connection between public and private realms: eaves, cornices, trellises, overhangs, exposed structural 502
elements such as rafters, recessed windows, columns, bay windows. Other elements may be approved if they provide equivalent visual variety and interest. i. Primary interior living spaces (bedroom and living areas) shall be offset a minimum eight ( 8) feet from a facing neighboring primary interior spaceon the same story.
j. A minimum eight( 8) feet shall be maintained between any primary interior living space (bedroom and living area) and an existing neighboring primary living space on the same story.
k. Trim surrounds shall be provided at all exterior window and door openings. Trim shall be substantial, visible, and at least two ( 2) inches in depth.

1. Classical window proportions shall be provided such as 2:1, 3:2, or 4: 3.
m. No building facademay extend in a continuous plane for more than 20 feet without a window, door, variation in horizontal plane, or vertical architectural element. n. A minimum three ( 3) foot wide interior clear planter width landscaping shall be provided between the closest parallel property line to a driveway and the subject property. For flag lots, the planter shall only be required adjacent to the property not part of the project. Within the planter area, landscaping shall be maintained at a height of no greater than 42 inches to allow for line of sight to pedestrians and motorists for vehicles exiting the driveway.
o. Driveways to required parking shall not be asphalt, shall be a minimum 12 feet in width, and shall be concrete, pavers, stone, brick, or similar material. No driveway shall be allowed for units that do not require an on- site covered parking space and are not electing to include covered parking. Controlled or restricted entrances to required or provided parking areprohibited.

SECTION XIV:

Section 17. 14. 060 of the Orange Municipal Code, " Zoning — Residential Districts — Reserved," is hereby replaced with the following:

17. 14. 060 - Units Created in a Single- family ( R- 1) Residential Zone Pursuant to SB 9.

The development standards specified in Section 17. 13. 040. GGG and Table 17. 14. 060 shall apply to dwelling units created under SB 9. In addition, the following shall apply:
503
A. In the event development standardsphysically preclude the construction of up to two ( 2) units or preclude either of the two ( 2) units from being at least 800 squarefeet in floor area, a minimum 800 square foot unit shall be allowed with code waivers chosen and authorized by the Community Development Director based on prioritizing preservation of neighborhood characterandprivacy to adjacentproperties. The Director may consider waivers such as, but not limited to:

1. Allowing half basementconstruction to facilitate two- story construction no greaterthan 16 feet tall.

2. Allowing a reduced front yard setback.

3. Reducing distancing from an existing structure on the original parcel.

B. Parking shall be provided asspecified in Chapter 17.34 C. One ( 1) bedroom is allowed for each five hundred ( 500) square foot increment of unit squarefeet. Increments arerounded up, e.g., a 1,001 squarefoot unit may have 3 bedrooms.

Bedroom and bathroom square feet shall be limited to no greater than 63. 5% of the total square feet of the unit. Direct exterior accessto bedrooms is prohibited, except for the largest bedroom.

D. All accessorystructures, including garages, shall be subject to the provisions of Title 17, including but not limited to setbacks,floor arearatio, lot coverage, distancing from other structures, ratio of structuresto dwelling, open space, and height. No Accessory Dwelling Units or Junior Accessory Dwelling Units shall be allowed on property createdor developedpursuant to SB 9.

Table 17. 14. 060

RESIDENTIAL DEVELOPMENT STANDARDS FOR UNITS CREATED IN A SINGLE- FAMILY ( R- 1) RESIDENTIAL ZONE PURSUANT TO SB 9
See next page]
504
Table 17. 14. 060
RESIDENTIAL DEVELOPMENT STANDARDS FOR UNITS CREATED IN A SINGLE- FAMILY ( R- 1) RESIDENTIAL ZONE PURSUANT TO SB 9
District Maximum Minimum Minimum Minimum Minimum Minimum Yard Setback in Feet Maximum Maximum Minimum Units Per Lot Lot Area in Lot Area Per Lot Frontage Lot Depth in ( c)( d)( e) Height( Feet- Floor Area Usable Open Sq. Ft. ( a) Unit in Sq. in Feet( b) Feet Front Side Rear Stories) Ratio ( f) Spacein Sq.

Ft. ( a) whichever Ft.
height is less
All R1. 2 1, 200 a) 30 40 20 4 4 16' - 1 story N/ R( g) h) districts
N/ R= No requirement
a) If thelot is createdby anewparcelmapandtheparcelmapsubdividesanexistingparcelto createnomorethantwo (2) newparcels, theparcelsshallbeof approximately equal lot area, provided that one parcel shall not be smaller than 40% of the lot areaof the original parcel proposed for subdivision. No lot shall be smaller than 1,200 square feet.
b) Therequiredwidth of thepolesegmentof aflag lot, or easementfor accessto alot with requiredparking, shallbe 15feet, which includestherequired12-foot driveway width andathree-foot propertyline landscapebuffer. Suchwidth is alsorequiredfor lotswithoutrequireddrivewaysandparking. A lesseror greatereasementwidth maybe authorizedby theCommunityDevelopmentDirectorbasedon evidencejustifying the adjustment. Units locatedfurtherthanFireDepaitiiienthosepull reachrequirements shallprovidea20-footwide easementfor emergencyvehicleaccessandapavedsurfacemeetingFire Codeweightbearingrequirements. c) No setbackshall be required for an existing structure or a structure constructed in the samelocation andto the samedimensions as an existing structure. d) An application shall not berejected solely becauseit proposesadjacentor connectedstructuresprovided that the structuresmeetbuilding code safety standardsand are sufficient to allow separateconveyance. Therefore, connectedunits may be authorized, including units connectedto units on an adjacentlot pursuant to SB 9. e) Garagesareaccessorystructures. Attached garagesshall adhereto setbackrequirements of eachrespective zoning district in Table 17.14.070. Detachedgaragesand accessorystructuresshall adhereto the requirements of Section 17.14.160. f) Whereaccessorystructuresareproposedor exist, includingattachedor detachedgarages, themaximumFloor AreaRatio (FAR) for accessorystructuresshallbe calculatedby combiningthesumof squarefeetof theproposedunit, anyexistingunits, andall accessorystructures, andshallbelimited by thedistrictmaximumFAR specified in Table 17. 14. 070.
505
g) In lieu of a Floor Area Ratio requirement, each unit shall be limited in square feet based on lot size as follows:

Lot Area in Square Maximum Unit
Feet Square Feet*
1, 200- 4, 999 800 square feet
5, 000- 5, 999 800 square feet
6, 000- 6, 999 800 square feet
7, 000- 7, 999 800 square feet
8, 000- 9, 999 850 square feet
10, 000- 11, 999 900 square feet
12, 000- 14, 999 950 square feet
15, 000- 19, 999 1,000 square feet
20, 000- 39, 999 1, 100 square feet
40, 000 and greater 1,200 square feet
Existing units may maintain existing FAR andlot coveragebut any expansion shall comply with development standardsin Table 17.14.070 h) Minimum usable open space, asdefined in Section 17.04.034, shall require the following squarefeet per district:

Minimum
District
Usable Open
Space in Sq.

Ft. ( q)
R1- 5 1, 000 sf
R1- 6 1, 100 sf
R1- 7 1, 100 sf
R1- 8 1,200 sf
R1- 10 1,200 sf
R1- 12 1, 300 sf
R1- 15 1, 700 sf
R1- 20 2, 500 sf
R1- 40 2, 500 sf
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SECTION XV:

Table 17. 14. 070 of the Orange Municipal Code, " Zoning — Residential Districts — Residential Development Standards," is hereby amendedto read asfollows:

Table 17. 14. 070

RESIDENTIAL DEVELOPMENT STANDARDS
See next page]
507
Table 17. 14. 070

RESIDENTIAL DEVELOPMENT STANDARDS
District Units Minimum Minimum Minimum Minimum Minimum Yard Setback in Feet ( b, h) Maximum Maximum Minimum Per Lot Area in Lot Area Lot Lot Depth in Front Side Rear Height ( Ft.- Floor Area Usable Lot Sq. Ft. ( x) Per Unit in Frontage in Feet Stories) Ratio ( o) or Open Sq. Ft. Feet ( a) whichever Lot Space in
is less ( g) Coverage Sq. Ft. ( q)
p)
R1- 5 1 5, 000( v. 1) N/ R 50( k) 90 Bld- 15 c, v. 2) v. 2) 32'- 2 Based on 875 sf aa) Gar- 20 ( v. 2) stories bldg.
pad(v.3.w)
R1- 6 1 6, 000 N/ R 60( k) 100 20 5( c) 20( d, e, f) 32'- 2 u) 900 sf aa) stories( y)
R1- 7 1 7, 000 N/ R 60( k) 100 20 5( c) 20( d, e, f) 32'- 2 u) 950 sf aa) stories
RI- 8 1 8, 000 N/ R 60( k) 100 20 5( c) 20( d, e, f) 32'- 2 u) 1, 000 sf aa) stories
R1- 10 1 10, 000 _ N/ R 80( k) 100 20 5( c) 20( d, e, f) 32'- 2 u) 1, 000 sf aa) stories
R1- 12 1 12, 000 N/ R 80( k) 100 20 5( c) 20( d, e, f) 32'- 2 u) 1, 000 sf aa) stories
R1- 15 1 15, 000 N/ R 80( k) 100 20 5( c) 20( d, e, f) 32'- 2 u) 1, 200 sf aa) stories
R1- 20 1 20, 000 N/ R 100( k) 100 20 5( c) 20( d, e, f) 32'- 2 u) 1, 500 sf aa) stories
R1- 40 1 43, 560 N/ R 100( k) 100 20 5( c) 20( d, e, f) 32'- 2 0. 40 FAR 2, 000 sf aa) stories
R1- R 1 108, 900 N/ R 100( k) 100 20 5( c) 20( d, e, f) 32'- 2 0. 40 FAR 2, 000 sf aa) stories
Notes:
aa) For all units constructed or lots created pursuant to SB 9, apply the development standards in Table 17. 14. 060. 508
SECTION XVI:

The first paragraph of Section 17. 14. 080 of the Orange Municipal Code, " Zoning — Residential Districts— Building Lot Area Requirements," is hereby amendedto read asfollows:

Tables 17.14.060 and 17.14.070 indicate the minimum building lot areafor individual lots.

The following portions of a lot shall not be included in the minimum building lot calculation:

SECTION XVII:

The Single-family Dwelling Useprovisions of Table 17.34.060.A of the OrangeMunicipal Code, " Zoning — Off- Street Parking and Loading — Required Number of Parking Spaces for Residential Uses," is hereby amendedto read asfollows:

Table 17. 34. 060. A

REQUIRED NUMBER OF PARKING SPACES FOR RESIDENTIAL USES

USE REQUIRED NUMBER OF SPACES
Single- 2 enclosedgaragespaces/unit up to 4 bedrooms accessedby a 12 foot wide 20 family foot long driveway. For 5 or more bedrooms, 1 additional enclosedspacewhich Dwelling may be in tandem configuration but may not be in a required front yard setback.

For bedroom additions to homesbuilt prior to the effective dateof Ordinance 17- 08, refer to Section 17. 34. 020( A).

For PUDs, units with 3 or more bedrooms shall provide an additional 1.5 guest parking spacesper dwelling unit. Of this requirement, 1 openparking spacemay be provided at the residencesubject to compliance with Section 17.16.060.

Enclosed spaces demolished or converted in association with construction of an accessorydwelling unit shall not require replacement.

For dwelling units createdunder SB 9: one enclosedparking space, accessedby a 12 foot wide 20 foot long driveway, shall be provided for parcels unless they are located within 1/2 mile walking distance of either a high-quality transit corridor, a major transit stop, or within 1 block of a car share vehicle. No parking spaceshall be required for parcels within %2 mile walking distance of either a high-quality transit corridor, a major transit stop, or within 1block of a car share vehicle.

SECTION XVIII:

Section 17. 38. 080 of the Orange Municipal Code," Zoning— Nonconforming Uses— Urban Lot Split( SB 9) Exception to Compliance( Nonconformities)," is hereby added to read as follows:
509

17. 38. 080 Urban Lot Split ( SB 9) Exception to Compliance ( Nonconformities).

The City shall not require the correction of nonconforming zoning conditions asa condition for ministerialapprovalof aparcelmapapplicationfor thecreationof anurbanlot split pursuant to SB 9.

SECTION XIX:

The subject interim Ordinance is exempt from the provisions of the California Environmental Quality Act ( CEQA) per State CEQA Guidelines 15060( c)( 2), 15060( c)( 3) and 15061(b)(3) becauseit will not result in adirect or reasonablyforeseeableindirect physical change in the environment, because there is no possibility it will have a significant effect on the environment, and it is not a " project", as defined in Section 15378 of the State CEQA Guidelines.

In the unlikely event the interim Ordinance would constitute a project under CEQA, it is exempt from the provisions of CEQA per StateCEQA Guideline 15321 (Class21, Enforcement Actions by Regulatory Agencies) becauseit is an action taken by the City as a regulatory agency, as authorized by local ordinance, to regulate as authorized by SB 9, the processing of lot splits and applications for construction of seconddwelling units in single-family residential zonesin order to prevent apublic nuisance. As such, no further analysis is warranted or required.

SECTION XX:

This interim Ordinanceis intended to immediately supersedeany existing provisions of the Orange Municipal Code to the extent those existing provisions are inconsistent with this interim Ordinance.

SECTION XXI:

If any section, subdivision, paragraph, sentence, clauseor phraseof this interim Ordinance is for any reasonheld to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this interim Ordinance. The City Council hereby declares that it would have passedthis interim Ordinance, and each section, subdivision, paragraph, sentence, clause and phrase thereof, irrespective of the fact that any one (or more) section, subdivision, paragraph, sentence, clauseor phrasehad been declaredinvalid or unconstitutional.

SECTION XXII:

In accordance with Government Code 65858, Ordinance No. 18- 21- B shall remain in effect for anadditionaloneyear, until December13, 2023, in orderto protectthepublic peace, health, safety and welfare of the community unless otherwise repealedor extended.

ADOPTED this 15th day of November, 2022.
ma, 41
Mark A. Murphy, Mayor City Orange
510
ATTEST:

PamelaColeman, City Clerk, City of Orange

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 extension of an interim Ordinance was duly passedand adopted at a regular adjourned meeting of the City Council held on the 15th day of November, 2022 by the following vote, to wit:

AYES: COUNCILMEMBERS: Murphy, Nichols, Monaco, Barrios, Dumitru, Tavoularis, Gutierrez
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
ABSTAIN: COUNCILMEMBERS: None
Pamela Coleman, City Clerk, City of Orange
511
City Council Minutes November 15, 2022
Mayor Murphy closed the Public Hearing at 10: 20 p. m.

During deliberations, Council discussed parking, width of paseo, and size of third building.

A motion was made by Councilmember Barrios, seconded by Councilmember Gutierrez to approve Buildings 1 and 2, excluding Building 3 to allow for additional parking.

During further discussion, Council asked about the possibility of widening the paseo.

Councilmember Dumitru made a substitute motion to approve the project as recommended with the removal of the glass partitions between buildings 2 and 3 creating a second outdoor pedestrian access.

A motion was made by Councilmember Dumitru, seconded by Mayor Murphy, to:
1) Introduce and conduct First Reading of Ordinance No. 08- 22 approving Development Agreement No. 0008- 22 vesting development rights with Old Town Gateway, LLC in return for dedication and maintenance of a public access pedestrian walkway between N. Atchison Street and N. Cypress Street. An Ordinance of the City Council of the City of Orange approving
a Development agreement with Old Town
Gateway, LLC for a project on a site located at 401 W. Chapman Avenue and 135 N.

Atchison Street.
2) Adopt Resolution No. 11421. A Resolution of the City Council of the City of Orange approving Major Site Plan Review No. 1013- 20, Tentative Parcel Map No. 0017- 20, Design Review No. 5011- 20 and Development Agreement No. 0008- 22 to rehabilitate two historic buildings and remove non- historic sheds to construct two new commercial buildings and create a pedestrian paseo at 410 W. Chapman Avenue and 135 N.

Atchison Street.
3) Remove glass partitions between buildings 2 and 3 creating a second outdoor
pedestrian access.

The motion carried by the following vote:

Ayes: Nichols, Dumitru, Tavoularis, and Murphy
Noes: Barrios, and Gutierrez

Absent: Monaco
Item 8. 5 was re- ordered to be heard before Item 8. 4.)

8. 5. Public Hearing to receive and file report summarizing measures taken to evaluate impacts addressed by interim Ordinance No. 18- 21; and to consider adoption of second extension of interim Ordinance No. 18- 21 and finding of CEQA exemption.

Mayor Murphy opened the Public Hearing at 11: 12 p. m.; there being no speakers, Mayor Murphy closed the Public Hearing at 11: 12 p. m.

A motion was made by Mayor pro tern Nichols, seconded by Councilmember Gutierrez, to:
1) Receive and file report of measures taken.
2) Adopt Ordinance No. 18- 21- B. Second extension of an interim Ordinance of the City