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 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
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 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.
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. 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.
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:
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:
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
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. 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:
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 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 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:
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]
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.
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
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]
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.
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:
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
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