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 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
2 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 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.
4 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:
5 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
6 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:
9 7
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
8 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
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:
10 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 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 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 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 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 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 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
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17 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 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 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 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