ORDINANCE NO. 03- 21
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF ORANGE AMENDING TITLE 17 OF THE
OR NGE MUNICIPAL CODE TO ADD
DEFINITIONS, REVISE PROCEDURES FOR
REVIEW, . AND ; ESTABLISH STANDARDS FOR
PROCESSING APPLICATIONS FOR ACCESSORY
DWELLING UNITS
WHEREAS, on January1, 2020, AB 68, AB 881, SB 13, AB 587, AB 670 andAB 671 becameeff.ective, addressingbarriersto thedevelopmentof accessorydwelling units andjunior accessorydwelling units thatmayoccurunderexistinglocal ordinancesandestablishingcertain minimum standardsfor approvingsuchdwellingunits; and
WI3EREAS, tlie City,desiresto revisethe OrangeMunicipal Coie to complywith state law.
NOW, THEREFORE, THE CITY COUNCIL OF TI3E CITY OF ORANGE DOES HEREBY ORDAIN AS FOLLOWS:
SECTION I:
This ordinanceis statutorily exemptunder the California EnvironmentalQuality Act CEQA") pursuant to Publ.ic ResourcesCode Section 21080.17 and Title 14, California Code of Regulations Section 15282(h) which exempts adoption of an ordinance regarding secondunits to implement provisions of Sections65852.2 and 65852.22 of the Government Code. Additionally, this ordinance is categorically exempt pursuant to Sections 15303 ( New Construction or Conversion of Small Structures) and 15305 ( Minor Alterations in Land Use/ Limitations).
Similarly, theministerial approval of accessorydwelling units andjunior accessorydwelling units is not a" project" for CEQA purposes, arid environmental review is not required.
SECTION II:
Oran. ge. Municipal Code Section 17. 04. 020, " A" Definitions, is hereby amended to revise the following definitions in their entirety:
ACCESSORY DWELLING . UNIT ( ADU)— An attached or detached permanent residential dwelling unit that provides complete independent living facilities for one or more personsandis locatedon a lot with a proposedor existingprimary residence. An ADU shallbe accessory to the primary residence. It shall includepermanentprovisionsfor living, sleeping, eating, cooking and sanitation on the sameparcel asthe single-family or multifamily dwelling is or will be situated and shall include a common living area. The kitchen and common living area shall be of sufficient size to accommodate at least one person per bedroom. An ADU has the attributesof a private residenceand not a boaxdinghouseor dormitory, e.g. shall not have microwaves, sinks and/ or refrigerators in each bedroom; shall not have exterior access to each bedroom; shall not advertise individual rooms. An accessory dwelling unit also includes the following:
1) An efficiency unit, asprovided under Health and Safety Code Section 17958.1; and 2) A manufactured home, asprovided under Health and Safety Code Section 18007.
ACCESSORY STRUCTURE— A structure that is accessoryand incidental to a dwelling located on the same lot.
ACCESSORY STRUCTURE, HABITABLE - An accessory structure constructed in accordancewith the Uniform Building Codecriteria for habitablespace, which may includea bathroomor similarplumbingfacilities, doesnotincludeakitchenasdefinedby this code, andis locatedon a parcel developedwith one or more existing dwelling units. Habitableaccessory structures shall be functionally related to the principal residence. A habitable accessorystructure is not a junior accessorydwelling unit or accessorydwelling unit and shall not have a separate utility meter or address.
SECTION III:
Orange Municipal Code Section 17. 04. 020, " A" Definitions, is hereby amendedto add the following definitions:
ACCESSORY— Existing in a minor way. Subordinate and incidental both in size and in intensity of useto the primary use and structure.
ACCESSORY DWELLING iJNIT, JUNIOR ( JADU) — A unit that is no more than 500 square feet in size and contained entirely within a single- family residence. A JADU shall have independent cooking facilities, and may include separatesanitation facilities ( toilet and bathing facilities), or may sharesanitation facilities with the existing structure.
ACCESSORY DWELLING UNIT PASSAGEWAY — A pathway that is unobstructed clear to the sky and extendsfrom a streetto one entranceof the accessorydwelling unit.
SECTION IV:
Orange Municipal Code Section 17. 04. 020, " A" Definitions, is hereby amendedto delete the following definition:
ACCESSORY SECOND HOUSING UNIT.
SECTION V:
Orange Municipal Code Section 17. 04. 021, " B" Definitions, is hereby amendedto revise the following definitions in their entirety:
BEDROOM— Any habitableroom in adwelling unit other than abathroom, kitchen, dining room or living room with the following features: an interior door that can be closed or an opening into theroom in which an interior door or doubledoor canbe easilyinstalled; a window; anda closet or room for a wardrobe in addition to a bed. In general, a bedroom may not contain a door directlyto theoutside, facilitiesfor asink,refrigeratorormicrowave, e.g., awetbar, akitchenette, or infrastructure that canbe easily converted to a wet bar or kitchenette, e.g., GFCI outlets.
SECTION VI:
Orange Municipal Code Section 17. 04. 026, " G" Definitions, is hereby amendedto delete the following definition:
GRANNY" HOUSING
SECTION VII:
Orange Municipal Code Section 17. 04. 035, " P" Definitions, is hereby amendedto addthe following definitions:
PRIMARY RESIDENCE or PRIMARY DWELLING— A residence located on a lot zoned for a residential dwelling( s) and consisting of at least 50% greater floor space than any other dwelling on the lot. A primary residencehas direct utility connections, is typieally the first residence constructed on a lot, and is the largest unit when an accessory dwelling unit is constructed concurrently. Multi- family structures are a conglomerate of two or more dwelling units that together form the primary residence. Accessory Dwelling Units are not primary residences.
PRINCIPAL BUILDING,- RESIDENTIAL- An existing or proposedlegal single-family, duplex, or multiple- family dwelling unit, as contrastedwith an accessorystructure. An attached garageshall not be consideredpart of the residential principal building exceptasspecifically stated in this title.
SECTION VIII:
Orange Municipal Code Section 17. 10. 060. C," Site Plan Review— When Site Plan Review is Required," is hereby amendedin its entirety to read asfollows:
C. When Site Plan Review is Required. Site plan review shall apply to any new use of previously vacant land, new construction, or rehabilitation or expansion of existing structures in all zones. Exception: Site plan review shall not be required for construction of a new single- family residence, ADU or JADU unit that otherwise complies with Government Code section 65852. 2, or rehabilitation of an existing single- family residential structure in zoning districts permitting such use. Expansion of an existing single- family residence is also exempt from site plan review.
SECTION IX:
Orange Municipal Code 17. 13. 030 - PermittedUses, Table17.13.030, isherebyamendedinpertinentparttoreadasfollows:
Zonin RES COMM MIXED USE IND AG/ OS PI OVERLAY SAND
I : ' .
Housing— Includesallstructurespermittedaslivingquarterswhethertheybeforshortorlong-termoccupancy. IncludesallusesidentifiedinCaliforniaBuildingCodedefinitionsthatareprecededwithmainentrywords e terms that include one of the following: Dwelling, Unit, House, Housing, Congregate, Residence, Multifamily, Dormitory, Home( s), Hotel,Motel,ResidentialCareFacility,ResidentialFacilityor,Lodging.
Y
Accessory
Dwelling A* A* A* A* A* A* - A* A* A* A* A* - A* A* A* A* A* A Unit
Accessory
Dwelling A* A* A* A* A* A* - A* A* A* A* A* - A* A* A* A* A* A ' Unit, Junior
SECTION X:
Orange Municipal Code Section 17. 13. 040. A, " Special Use Regulations — Accessory Dwelling Unit," is herebyrevised to deleteSections17.13.040.A. 1through 17.13.040.A. 15in their entirety, and to revise Section 17.13.040.A in its.entirety to read asfollows:
A. Accessory Dwelling Unit, Including Junior Accessory Dwelling Unit. Accessory Dwelling Units and Junior Accessory Dwelling Units shall comply with Chapter 17.29.
SECTION XI:
Orange Municipal Code Table 17. 14. 120, " Required Distances Between Buildings," is hereby revised in its entirety to read asfollows:
Table 17. 14. 120
REQUIRED DISTANCES BETWEEN STRUCTURES
Minimum Required Distance Between Structures on the Same Lot Principal Structures ( a), ( b)
Acces§ ory Structures
b)
Number of Front/ Any Other All Other Minimum Distance
Structures Building Wall Configurations Between Structures One N/ A N/ A 6 feet
Two to Four 15 feet 8 feet 6 feet
25 feet from view allowing windows in one
structure to facing windows in any adjacent
Five or More structure. 15 feet minimum between solid facing 6 feet walls; or when windows are located on only one
facing wall:
NOTES:
a) For obliquely aligned buildings, the required distancebetween two principal structures may be decreasedby up to five feet if the distance at the opposite corner is increased by an equalor greater distance.
b) Excludes patio covers, eaves, canopies;andbreezeways.
SECTION XII:
Orange Municipal Code Section 17. 14. 130, " Minimum Floor Area in R- 3 and R- 4 Districts," is hereby revised in its entirety to readasfollows:
The minimum floor areafor primary residencesshall be asfollows:
A. Studio Units. 550 square feet.
B. , Bachelor and One Bedroom Units. 600 square feet.
C. Units Having More Than OneBedroom. 600 squarefeet plus 150squarefeet for each additional bedroom.
SECTION XIII:
Orange Municipal Code Section 17. 14. 160. B, " Accessory Structures, Garages, and Accessory Dwelling Units— Principal Structure Required," is hereby revised in its entirety to read as follows:
B. Principal Structure Required. Accessory structures or garages shall only be permitted on a lot developed with an existing legal single-family dwelling unit, duplex dwelling unit, or multiple- family dwelling units under the sameownership. ADUs andJADUs shall only be permitted asauthorized in Chapter 17.29. For purposesof this sectionthe term accessorystructure shall mean either habitable or non- habitable accessory structures.
SECTION XIV:
Orange Munieipal Code Section 17. 14. 160. C, " Accessory Structures, Garages, and Accessory Dwelling Units — Attached Accessory Structures, Garages, or Accessory Dwelling Units," is hereby revised in its entirety to read asfollows:
C. Attached Accessory Structures, Garages, or Accessory Dwelling Units. Where a garage, accessorystructure, or ADU is attachedto and made a part of the principal structure, at least fifty percent ( 50%) of the length of one of the walls of the accessorystructure; garage, or ADU shall be an integral part of the principal structure, andthe garageor accessorystructure shall comply in all respectswith the requirements of this title applicable to a principal structure. ADUs shall comply with•requirements of Chapter 17.29.
SECTION XV:
Orange Municipal Code Section 17. 14. 160. D, " Accessory Structures, Garages, and Accessory Dwelling Units — Detached Accessory Structure, Garages, or Accessory Dwelling Units," is hereby revised in its entirety to read asfollows:
D. Detached Accessory Structure, Garages, or Accessory Dwelling Units. Where a garage, accessory structure, or ADU is detached from the principal structure, the setback requirements outlined in Table 17. 14. 160. D shall apply. Setback requirements in Table
17.14.160.D shall not apply to that portion of an ADU converted from an existing permitted dwelling unit area or, that portion of an ADU converted from an existing permitted accessory structure, or to ADUs qualifying for a lesser setback pursuant to Chapter 17. 29.
SECTION XVI:
Orange Municipal Code Table 17.14.160.A is hereby renumbered as Table 17.14.160.D, Setback Requirements," and is amended in its entirety to read as follows:
Table 17. 14. 160. D
SETBACK REQUIREMENTS
DetachedAccessory Structures, Garages, and Accessory Dwelling Units Greater than 800 Square Feet
Minimum
Minimum
Minimum Minimum
Street Side
Minimum
Distance from
Front Yard Interior Side
Yard Setback
Rear Yard
Zone Principal •
Setback Yard Setback
of Corner or
Setback
Structure
feet) ( a) ( in feet)
Reverse
feet) ( a)
in feet) Corner Lot
in feet) ( a)
Rl- 6 through Rl- R . 6 20 0 ( c, d, e, 10 0 ( b, c,d, e, R2 through R2- 8 6 20 0 ( c, d, e, 10 0 ( b, c, d, e;
R- 3 and R- 4 6 20 0 ( c, d, e, 10 0 (b,c,d,e,fl
NOTES:
a) In all cases, detachedgaragesand carportswhich openonto anabutting streetshall be set back a minimum of twenty( 20) feet from the property line. b) The accessorystructure may abut the rear lot line only if it is not intended for habitation interior is unfinished, such as a garage, workshop, storage shed, etc.) and the accessory structure andpermitted extensionsof the primary structure do not cover more than forty percent( 40%) of therequired rear yard area.Also, aminimum five- foot rear yard setback is required for a corner or reverse corner lot.
c) No eave,projection or overhang shall extend over aproperty line. d) Precautionary measuresshall be taken to ensurerunoff is deflected away from side and rear property lines.
e) Building height shall not exceedten feet for that portion of the accessorystructure or ADU that occurs within the side or rear setback areas, as defined for principal structures.
Any accessory structure intended for habitation ( having a finished interior, insulated ceiling and/or walls, and which can be temperature controlled, such as a guest room, recreation room, office, etc.) or ADU greater than 800 square feet shall conform to the . setback requirements for a principal building, unless otherwise authorized by Chapter
17.29, or asrequired by statelaw.
SECTION XVII:
Orange Municipal Code Section 17. 14. 160. E, " Accessory Structures, Garages, and Accessory Dwelling Units — Square Footage Limitation," is hereby revised in its entirety to read as follows:
E. Square Footage Limitation. The total aggregate square footage of all attached or detached accessory structures on a lot shall not exceed fifty percent ( 50%) of the square footage of the principal structure, provided that one ADU of 800 or fewer squarefeet shall be allowed in the event the aggregate is exceeded.
1. Habitable accessorystructuresgreaterthan 450 grossaggregatesquarefeet are allowed subject to the approval of a conditional use permit by the Zoning Administrator in accordance with Section 17. 10. 030. E. 1.d.
2. Attached and detachedgaragesshall not be consideredasliving areasquare footage of the principal structure.
SECTIOla1 XVIII:
Orange Municipal Code Section 17. 14. 160. F, " Accessory Structures, Garages, and Accessory Dwelling Units— Interior Plumbing," isherebyrevisedin its entiretyto readasfollows:
F. Interiar Plumbing. Interior sanitation facilities are required for all ADUs. Interior plumbing facilities arepermitted in all other accessorystructuresasfollows:
1. Any non-habitable accessorystructure, such as a workshop or garage, may contain a utility sink, washer and dryer, and/or water heater or other accessory plumbing facilities deemedsimilar by the Community Development Director. In the caseof residential garages, such facilities are allowed provided that the garageremains available for parking.
2. A conditional use permit is required for plumbing facilities in habitable accessorystructuresof any size on lots lessthan 20,000 squarefeet.
3. No conditional use permit is required for plumbing facilities in habitable accessorystructuresof lessthan 450 grosssquarefeet on lots larger than 20,000 squarefeet.
4. A conditional use permit is required for plumbing facilities in habitable accessory structures of 450 gross square feet or greater on lots larger than 20,000 square feet.
SECTIOlV XIX:
Orange Municipal Code Table 17.14.160.B is hereby renumbered as Table 17.14.160.F, Plumbing in Accessory Structures," and is amended in its entirety to read as follows:
Table 17. 14. 160. F
PLUMBING IN ACCESSORY STRUCTURES
Lot Size Lot Size
20, 000 > 20, 000
sq. ft. sq: ft.
Nori-liabitable of any size with washing machine, water heater, utility sink, or other facilities deemed similar by the Community Development P P Director
Habitable, less than 450 gross aggregate square feet with plumbing CUP P facilities
Habitable, more than 450 gross aggregate square feet with or without
CUP CUP
plumbing facilities
Accessory Dwelling LTnit Per Chapter 17. 29
P - Permitted
CUP - Conditional Use Permit( Zoning Administrator)
SECTION XX:
Orange Municipal Code Chapter 17. 29, " Accessory Dwelling Units and Junior Accessory Dwelling Units," is hereby addedto read asfollows:
Chapter 17. 29— ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY
DWELLING UNITS
17. 29. 010 - Purpose and Intent.
The purpose of this chapter is to comply with statelaw pertaining to Accessory Dwelling Units ( ADU) and Junior Accessory Dwelling Units ( JADU) and further the implementation of the General Plan.
17. 29. 020 - Permitted Uses.
A. Table 17.13.030 indicates all zones where ADUs and JADUs may be permitted subject to the regulations in this chapter.
B. ADUs are limited to properties zoned to allow single-family or multifamily dwellings when the property includes a proposed or existing primary residence in the form of a single- family or multifamily dwelling. Properties zoned to allow residential uses exclusively as an accessoryuse, or as a usethat is not permanentlong-term housing, shall not be eligible for an ADU or JADU unlessthe property is exclusively developedwith aprimary, legal-nonconforming, long-term, permanent residential use.
C. JADUs are limited to properties zonedto allow single-family dwellings when the property includes aproposedor existing primary residencein the form of asingle-family dwelling.
D. ADUs and JADUs shall be an accessoryuseonly, asdefined herein.
E. ADUs maybelocatedin anaccessorystructure:JADUsshallbelocatedin aportion of aproposedor existingprimaryresidencein theform of a single-family dwelling.
17. 29. 030— Applications for ADUs or JADUs
A. Application Form Required. A completed Community Development Department Accessory Dwelling Unit Application ( ADU Application) provided by the Planning Division of theCommunityDevelopmentDepartmentis requiredfor anADU or JADU.
B. Application Fee. A fee commensurate to the fee schedule cost for Administrative Design Review shall be charged for review and ministerial approval of a completed application.
C. Contents of Applications. The completed ADU Application shall include the application and all required application materials specified in the application packet.
D. Acceptance of Applications. A Community DevelopmentDepartmentADU Application shall be acceptedand deemed complete upon receipt by the City of all information and submittal materials required in the application submittal checklist, including review fees.
E. Ministerial Approval of Applications. An ADU Application shall be considered without discretionary review or a hearing and approvedministerially if it meetsthe requirements of this chapter.
F. Processing Time. The City shall act on the ADU Application to create an ADU or a JADU within 60 days from the date an application is deemed complete.
1. If the ADU Application is submitted with a permit application to create a new single-family dwelling on the lot, the City may delay acting on the ADU Application until the City permits the new single- family dwelling, but the ADU Application shall be considered without discretionary review or hearing.
2. If theapplicantrequestsaprocessingdelay, the60-daytimeperiodshallbe tolled for the period of the delay.
G. Building Permit Required. Subsequentto an approvedADU Application, abuilding perrnit application shall be submitted with required plans for plan check and shall be processed subject to requirements and timelines equal to plan checks with commensurate floor area and building type.
17. 29. 040— Location and Number of ADUs and JADUs Permitted.
A. Allowable Location and Number of JADUs.
1. JADUs are allowed only within the livable areaof an existing or proposed single-family dwelling, or existing attachedgarageof a single-family dwelling.
2. One JADU is permitted per lot, if all of the following apply:
a. No expansionof the single-family dwelling or garagefootprint shall occur to facilitate JADU construction.
b. The JADU shall comply with therequirements of Government Code Section 65852.22, Health and Safety Code Section 17958.1, and the California Building Code including:
1) Prior to occupancy, the JADU shall have a recorded deed restriction, satisfactoryto theCity, thatprohibitsthesaleof theJADU separate-from the saleo£ the single-family residenceand shall include a statementthat the deedrestriction may be enforced against future purchasersandshall run with the land.
2) The JADU shall be restricted to the size and attributes shown on.plans.approvedwith the building permit.
3) JADU occupancy shall be limited to no more than two personsconsistentwith California Health and SafetyCode Section 17958.1. 4) The JADU shall be constructedentirely within the walls of the proposedor existing single family residenceandmay be locatedwithin an attachedgaragebut may not be in any other accessorystructure.
5) The JADU shall include exterior access separate from the main entranceto the proposedor existing single-family residence.
3. The JADU shall, at a minimum, include all the following:
a. An efficiency kitchen with a kitchen sink, cooking appliance and refrigeration facilities, eachhaving a clear working spaceof not lessthan 30 inches in front. b. Storage cabinets that are of reasonable size in relation to the size of the JADU.
c. A separate closet.
d. Light and ventilation conforming to the California Building Code. e. Either a separatebathroom containing a water closet, lavatory, and bathtub or shower or direct accessto suchfacilities in the existing single-family residence.
B. Allowable Location and Number of ADUs.
1. Pursuant to the regulations of this chapter, ADUs shall be either attached to, or located within, the proposed or existing primary dwelling, including attachedgarages, storage areasor similaruses;or anaccessorystructure, or detachedfrom theproposedor existingprimary dwelling and located on the samelot asthe proposedor existing primary dwelling.
2. One ADU is permitted on a lot with a proposed or existing single-family dwelling.
3. Attached ADUs are allowed within the proposed or existing living areaof a single-family dwelling, or within existing non-habitable space attached to a single-family dwelling, including attached garages. New construction ADUs attached to an existing single- family dwelling are allowed asfollows:
a. One attached ADU is permitted per lot, where no detachedADU exists. An existing JADU may be converted to an attachedADU permitted by this subsectionif no attached or detached ADU exists.
b. In addition to meeting all requirementsof this chapter,the following shall apply:
1) Expansions of existing non-habitable accessory structures attachedto theprimary single-family dwelling or expansionsof existing living areafor the creation of an ADU, including attachedgarages, shall not exceedthe following:
i. That square footage needed to bring the total square footage of the ADU up to 850 squarefeet for a one bedroom unit or 1000 squarefeet for a two or more bedroom unit, when zoning district setbacks are maintained. ii. 800 square feet where setbacks less than zoning
district standards but not less than four- feet can be maintained. iii. No more than 150 square feet beyond the same
physical dimensions of the converted space, only if neededto accommodateingress and egress, which may occur in side or rear setbacksif acceptablefor fire and safety. 2) The ADU shall have exterior access separate from the main entranceof the proposedor existing single-family dwelling.
4. Detached, new construction or repurposed existing accessory structure conversion ADUs on a lot with a proposed or existing single-family dwelling are allowed as follows:
a. One detached, new construction, or repurposed existing accessory structure conversion ADU is permitted per lot with a proposedor existing single-family dwelling where no attached ADU exists.
b. In addition to meeting all requirements of this chapter, distances betweenbuildings shall beprovided pursuant to Table 17.14.120,unlesslegal nonconformity of a repurposedbuilding exists pursuantto Chapter 17.38.
5. ADUs within portions of existing multifamily dwelling structures are allowed as follows:
a. A minimum of one ADU and amaximum of up to 25 percent of the number of existing multifamily dwelling units arepermitted within existing multifamily dwelling structures. The ADUs must be within the portions the existing multifamily dwelling structurethat are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages, if eachunit complies with statebuilding standardsfor dwellings.
b. In addition to meeting all requirementsof this chapter,the.following shall apply:
1) All calculations resulting in fractional units shall be rounded down to the nearest whole number.
2) An ADU greaterthan 800 squarefeet shall not exceedfifty percent( 50%) of the squarefootage of the largest multifamily dwelling unit. 3) Addition of another principal dwelling unit to a lot is not permitted as long as an ADU is present.
6. DetachedADUs on lots with an existing multifamily dwelling are allowed as follows:
a. Not more than two detachedADUs arepermitted.
b. In addition to meeting all requirementsof this chapter,the following shall apply:
1) Distances between buildings shall be provided pursuant to Table 17. 14. 120
2) Addition of another principal dwelling unit to a lot is not permitted as long as an ADU is present.
17. 29. 050— JADU and ADU Maximum Size.
A. Junior Accessory Dwelling Units.
1. A JADU may not be smaller than the minimum efficiency unit size established in Health and Safety Code Section 17958. 1, currently set at 150 square feet.
2. A JADU may not exceed 500 square feet.
B. Accessory Dwelling Units.
1. No ADU with fewer than two bedroomsmay exceed850 squarefeet except for ADUs constructedwithin the living areaof anexisting single-family dwelling or existing floor areaof a detachedaccessorystructure.
2. No ADU with two ormorebedroomsmayexceed1,000squarefeet, except for ADUs constructedwithin the living areaof anexisting single-family dwelling or existing floor areaof a detachedaccessorystructure.
3. When an ADU is constructed solely through the conyersion of an existing building or structure or in the samelocation and to the samedimensions as an existing structure, it shall be limited in size to the existing squarefootage of the building or structure converted or replaced, except that the existing building or structure may be expandedup to 150 sq. ft. for the purposesof ingress and egressto the ADU only.
17. 29. 060— Ratio of ADU to Primary Dwelling Size.
A. Single- Family Dwellings. The total floor area of either an attached or detached ADU shall not exceed fifty percent( 50%) of the existing primary single-family dwelling, provided that an ADU of at least 800 squarefeet is permitted.
B. Multi- Family Dwellings. An ADU greater than 800 squarefeet shall not exceed fifty percent( 50%) of the squarefootageof the largestexisting multifamily dwelling unit, provided that an ADU of at least 800 square feet is permitted.
17. 29. 070— ADUs and JADUs in Density Calculations.
A. ADUs and JADUs shall not be consideredto exceedthe allowable density for the lot upon which they arelocated.
B. Although ADUs and JADUs arenot consideredasexceedingallowable density for the lot, the squarefootage of all the structureson a lot, including existing ADUs and JADUs, and both habitable and non-habitable accessorystructures are to be included in calculations toward maximum floor arearatio or lot coverage for additions to the primary dwelling unit, including JADUs, and for the construction of any subsequent accessory structures. 1729. 080— ADU Setbacks. .
A. Any Size ADU Within Existing Building Area. No setbackshall be required for an existing living areaor accessorystructure or astructure constructedin the samelocation andto the samedimensions as an existing structure that is converted to an ADU or to a portion of an ADU.
Portions of the ADU constructed outside of the existing structure shall comply with the setbacks of the zoning district.
B. ADUs of 800 Square Feet or Less.
1. Setbacks of no more than four feet from the side and rear lot lines shall be required for anADU that is not converted from an existing structureor anew structure constructed in the samelocation and to the samedimensions asan existing structure.
2. Front setbacksshall be pursuantto the setbackfor the zoning district.
3. An Administrative Adjustment may not be granted to lessen required setbacks.
C. ADUs greater than 800 Square Feet.
1. Side and rear setbacksof no more than four feet shall be required for any ADU in excess of 800 square feet.
2. Front setbacksshall be pursuant to the setbackfor the zoning district.
D. Fire and Safety Setbacks. Setbacks in all instances shall be sufficient for fire and safety, asdetermined by City fire and safetypersonnel.
17. 29. 090 - ADU and JADU Design Standards.
A. The City may apply design standardson ADUs to prevent adverseimpacts on any real property that is listed in the California Register of Historic Resources.
B. The City may impose standardsincluding, but not limited to, design, development, and historic district design standards on ADUs. ADUs in a historic district shall adhere to the Historic Preservation Design Standards for that district.
C. For all new construction ADUs, roof forms and pitch shall match the principal residence.
D. Any garage door(s) shall be removed from a garageor other accessorystructure thatis convertedto anADU or JADU, andtheopeningshallbetreatedandfinishedto matchthe building.
E. Exception. An ADU or JADU that complies with the requirements of Government Code section 65852. 2( e) shall not be subject to design and development standards unless otherwise provided herein.
17. 29. 100 - Lot Size.
There shall be no minimum lot size in order to construct an ADU or JADU.
17. 29: 110 - Number of Bedrooms.
To ensure the accessory status of ADUs, to provide for reasonable livability, and to accommodate differing bedroom counts to fulfill diverse living needs in the community, the number of bedrooms in an ADU or JADU sliall be proportionate to the squarefeet of living area for the ADU or JADU as follows:
A. ADUs or JADUs 150 to 500 square feet shall be limited to one bedroom.
B. ADUs 501 to 1, 000 square feet shall be limited to two bedrooms.
C. ADUs createdfrom repurposedaccessorystructureshaving more than 1,000 square feet may have one additional bedroom for each500 squarefoot increment of living area.
17. 29. 120 - Rental, Occupancy, and Conveyance.
A. An ADU may be rented separatefrom the primary residence, but may not be sold or otherwise conveyed separatefrom the primary residence.
B., Owner occupancy is not required for an ADU or primary residence until after January 1, 2025, at which time owner occupancyshall berequired for new ADUs if the applicable provision of statelaw is not extended.
C. Owner- occupancy is required for a single- family dwelling with a JADU. The owner may reside in either the remaining portion of the single-family dwelling or in the JADU. Owner- occupancyshallnotberequiredif theowneris anothergovernmentalagency,landtrust,orhousing organization.
D. ADU and JADU rentals shall be for a term longer than 30 days and shall not be eligible as a short term rental.
17. 29. 130— Parking.
A. No additional parking shall be required in associationwith the creation of a JADU.
However, anyrequiredparkingfor the primaryresidencethatis eliminatedfor thecreationof a JADU shall be replaced on- site in conformance with all requirements of Chapter 17. 14:
B. Except as specified in Section 17. 29. 130. D, an ADU requires one additional parking spaceper ADU or per bedroom, whichever is less.
1. Requiredparking spacesmay be provided astandemparking on a driveway only if the required parking spaceis not within the setbackestablishedfor the zoning district.
2. Required parking spacesmay also be provided in a tandem configuration within a carport or garagemeeting the setbackrequirements of the zoning district.
3. Eachparking spacemust maintain 20 feet deepby 10feet wide interior clear dimensions.
4. In the eventthat required ADU parking is unable to be provided pursuantto subsections 1 or 2 above, and the parking areameeting the dimensions of subsection 3 can be accommodatedon-site within required setbacks, an alternateparking location shall be determined by the Community Development Director.
C. When a garage, carport, or coveredparking structure is demolished in conjunction with the construction of anADU or converted to an ADU, those off streetparking spacesarenot required to be replaced. Only those portions of garage, carport, or covered parking structure necessaryto accommodate the ADU are authorized for demolition. Any remaining area with interior dimensions of at least 18 feet long by 9 feet wide shall remain asparking when required for the primary residence.
D. No parking is required for anADU in any of the following instances:
1.. The ADU is located within one-half mile walking distanceof public transit . asdefined by the Department of Housing and Community Development.
2. The ADU is located within an architecturally and historically significant historic district.
3. The ADU is part of the proposed or existing primary residence or an accessory structure.
4. In the event on-street parking permits are required but not offered to the occupant of the ADU.
5. When there is a permanently reserved parking space or parking facility specifically for a car share vehicle located within one block of the accessory dwelling unit.
17. 29. 140 - Open Space.
Open space requirements of Sections 17. 14. 110 and 17. 19. 090 are not applicable for the construction of an ADU up to 800 squarefeet but shall apply for an ADU greaterthan 800 square feet.
17. 29. 150— ADU and JADU Height.
ADUs and JADUs nay not exceedthe greaterof 16 feet in height or the height of existing spacebeing converted.
17. 29. 160 - Nonconformities.
J
A. The correction of nonconforming zoning conditions shall not be required for the creation of an ADU or JADU. However, all space for occupancy and all newly permitted construction must meet fire andbuilding and safety codes.
B. A single-family residentially designatedproperty with an existing legal or legally non-conforming. accessorydwelling unit shall not be considered a multiple- family property and the existing, subsequentlyconstructed, dwelling unit shall be considered an ADU, regardlessof size, location, or configuration.
17. 29. 170 - Fire Sprinklers.
The installation of fire sprinklers shall not be required in an ADU if sprinklers are not required for the primary residence. Construction of an ADU may impose fire sprinkler requirements for the primary residenceand ADU.
17. 29. 180— Impact Fees.
No impact fees shall be imposed upon the development of an ADU less than 750 square feet. Impact fees charged for an accessorydwelling unit of 750 square feet or more shall be chargedproportionately in relation to the squarefootage of the primary dwelling unit.
17. 29. 190— Prohibited Dwelling Units.
A. The following ADUs and JADUs proposed or created after adoption of this ordinance areprohibited:
1. Any ADU or JADU with no primary dwelling existing or proposed on-site.
2. An attached or detached ADU greater than 1,000 square feet except for an ADU constructed within the floor areaof an existing single-family dwelling or existing detached accessory structure.
3. An ADU with one or fewer bedrooms and greater than 850 square feet except for an ADU constructed within the floor area of an existing single-family dwelling or existing detachedaccessorystructure.
4. An ADU on property not zoned for single-family residential, duplex residential, multi- family, or mixed use. An exception shall be for properties developed with an existing legal single-family residence, continually used as a residence, as the sole use of the property and the property is legally nonconforming only due to non-residential zoning.
5. A JADU on any property that doesnot consist of a single-family residence as the primary use.
6. A JADU over 500 square feet.
7. Any ADU or JADU that doesnot meet the requirements of this chapter.
B. The following arenot an ADU or JADU andmay not be occupied as a permanent dwelling unit in any residential zoning district nor may permanentutility connectionsbe provided for them:
1. Park trailers asdefined in Health and Safety Code Section 18009.3.
2. Recreationalvehicles as defined in Health and Safety Code Section 18010.
3. Trailer coaches as defined in Vehicle Code Section 635.
17. 29. 200 - Deed Restriction Required
Recordation of a deed restriction, approved as to form by the City Attorney, shall be required for any ADU or JADU and shall:
A. Run with the land.
B. Be filed with the City after recording.
C. Prohibit the sale of the ADU or JADU separate from the sale of the primary dwelling.
D. Include a statement that the deed restriction may be enforced against future purchasers.
E. Deed restrictions for JADUs shall restrict the size and attributes as stated in the permit.
17. 29. 210— General ADU requirements
A. No passagewayshall be required in conjunction with construction of an ADU.
B. An ADU shall have an individual numeric addressprovided on-site in a location visible from the public right- of- way. Numbers shall be assignedby the Department of Public Works.
C. No fencing that separatesan ADU from the existing or proposed primary single family dwelling is permitted.
D. The occupantsof a JADU or ADU shall be permitted egressover all areasof the property that arenot coveredwith a structure.
E. If ambiguity arisesconcerning the application of any provisions of this chapter, the Community Development Director shall provide an interpretation in furtherance of state law for the provision of housing.
SECTIOloT XXI:
Orange Municipal Code Table 1.7. 34. 060. A, " Off- Street Parking and Loading— Required Number of Parking Spaces for Residential Uses," is hereby amendedin its entirety to read as follows:
able 17. 34. 060. A
REQUIRED NUMBER OF PARHING SPACES FOR RESIDENTIAL USES
US REQUIRED NUMBER OF SPACES
Accessory Dwelling Unit Parking shall be provided asspecified in Chapter 17.29. 2 enclosedgaragespaces/unit up to 4 bedroomsaccessedby a 12 foot wide 20 foot long driveway. For 5 or more bedrooms, 1 additional enclosed space. 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 Single- family Dwelling convertedby creation of an ADU shall not require replacement.
For PUDs, units with 3 or more bedrooms shall provide an additional 1.5 guest parking spacesper dwelling unit. Of this requirement, 1 open parking space may be provided at the residence subject to compliance with Section 17. 16. 060. 2 parking spacesper unit, one of which shall be in an enclosed Duplex, Duplex Residential garage. Enclosed or covered spacesdemolished or converted by creation of an ADU shall not require replacement.
Development Size- 3 units to 50 units Development Size- 51+ Units If unenclosed if unenclosed
resident parking is residentparking is
provided ( e. g. If enclosed resident provided( e. g. If enclosed resident parking structure, parking is provided: parking structure( s), parking is provided:
surface parking lots, surfaceparking lots,
carports): carports):
Studio- 1. 3 Studio- 1.4 Studio- 1.2 Studio- 1.4
spaces/ unit spaces/ unit spaces/ unit spaces/ unit
One Bedroom- 1. 8 One Bedroom- 1. 9 One Bedroom- 1. 7 One Bedroom- 1. 9 spaces/ unit spaces/ unit spaces/ unit spaces/ unit
Two Bedroom- 2. 3 Two Bedroom- 2. 3 Two Bedroom- 2. 0 Two Bedroom- 2. 3 spaees/ unit spaces/ unit spaces/ unit spaces/ unit
Multifamily
Three Bedrooms— Three Bedrooms— Three Bedrooms—,- Three Bedrooms— Residential
2•6 spaces/ unit 2. 6 spaces/ unit 2. 4 spaces/ unit 2. 6 spaces/ unit 3 units or Each additional Each additional Each additional Each additional more) bedroom above bedroom above bedroom above bedroom above three- 0. 4 three- 0. 5 three- 0. 3 three- 0. 5
spaces/ bedroom/ unit spaces/ bedroom/ unit spaces/ bedroom/ unit spaces/ bedroom/ unit Of the above requirements a minimum of one spaceper unit shall be covered. A minimum of 0.2 spacesper unit shall (with a minimum of two guest spacesin a multifamily development) be provided as easily accessible and distinguishable guestparking in addition to the required parking for eachunit.
For multifamily residential units without driveways that areat least 18feet in length, a minimum of 0.3 spacesper unit shall (with a minimum of two guest spacesin a multifamily residential development) be provided as easily accessible and distinguishable guestparking in addition to the required parking for eachunit.
If a space that would otherwise meet the definition of a room or bedroom omits one of four encompassing walls, that room shall not be counted as a bedroom for purposesof calculating required number of parking spaces.
Enclosed or covered spacesdemolished or convertedby creation of an ADU shall not require replacement.
SECTION XXII:
To the extent required to implement the provisions of this Ordinance, City staff is directed to modify any Administrative Policies in conflict herewith and return to the City Council for any City Council approvals deemed necessary.
SECTION XXIII:
If any section, subdivision, paragraph, sentence, clauseor phraseof this Ordinance is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of tlie remaining portions of this Ordinance. The City Council hereby declaresthat it would havepassed this 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 declared invalid or unconstitutional.
SECTION XXIV:
The City Clerk is hereby directed to certify the adoption of this Ordinance and causea summary of the sameto be published asrequired by law. This Ordinance shall take effect thirty 30) days from and after the dateof its final passage.
ADOP' TED this 13th day of April, 2021.
vL %`
Mark A. Murphy, Mayor, City of ra ge
EST:
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 Ordinance wasintroduced at the regular meeting of the City Council held on the 9th day of March, 2021, and thereafter at the regular meeting of said City Council duly held on the 13th day of April, 2021 was duly passedand adoptedby the following vote, to wit:
AYES: COUNCILMEMBERS: Murphy, Nichols, Monaco, Barrios, Dumitru, Gutierrez NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
ABSTAIN: COUNCILMEMBERS: None
Pamela Coleman, City Clerk, City of Orange