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HomeMy WebLinkAboutSR - ORD-08-13 - G,��-t��..a.,�°c� �::. :a� AGENDA ITEM �`����:��;,�' `�'� February 10, 2015 Reviewed/Verifie TO: Honorable Ma or and City Ma er Y Finan irector Members of the City Council To B ed sy: Anna Pehoushek THRU: John W. Sibley Cons Calendar City Mgr City Manager _ Rpts Council Reports Legal Affairs FROM: Rick Otto,Inte1'im � Boards/Cmtes X Public Hrgs Community Develo ment Director Admin Reports Plan/Environ 1. SUBJECT An Ordinance of the City Council of the City of Orange amending Title 17 of the Orange Municipal Code to streamline City review and clarify standards for certain types of residential accessory structures, bingo games, churches in Industrial zones, and parking structure floor area ratio. 2. SUMMARY In October 2012,the City Council directed the Community Development Department to undertake amendments to Title 17 of the Orange Municipal Code (Zoning Ordinance) with the purpose of streamlining the review of certain types of development applications and uses in order to simplify and make the public's interaction with the City more streamline, as well as to make more efficient use of City staff resources. The subject Ordinance represents the third phase of Code streamlining and addresses certain types of residential accessory structures,bingo games,churches in Industrial zones, and parking structure floor area ratio. 3. RECOMMENDATION (1) Find the Ordinance categorically exempt from the provisions of the California Environmental Quality Act(CEQA)per State CEQA Guidelines Section 15305. (2) Adopt Ordinance No. 08-14 amending Title 17 of the Orange Municipal Code related to accessory structures, bingo games, churches in Industrial zones, and parking structure floor area ratio. 4. FISCAL IMPACT None. ITEM �, ` 1 2/10/15 5. STRATEGIC PLAN GOAL(S) 4a. Obtain, implement and evaluate public input into our services and programs. 4b. Provide facilities and services to meet customer expectations. 6. GENERAL PLAN IMPLEMENTATION Land Use Element Goa16.0: Advance development activity that is mutually beneficial to both the environment and the community. 7. DISCUSSION and BACKGROUND The subject Ordinance represents the third tier of development streamlining opportunities stemming from the City's 2012 Organizational Assessment. A fourth phase of Code streamlining amendments is presently under development to continue this effort. The proposed Ordinance addresses the review process and clarifies City standards for certain types of residential accessory structures, bingo games, churches in Industrial zones, and parking structure floor area ratio. Specifically,the Ordinance: • Provides new parameters for plumbing facilities, washing machines, and water heaters in accessory structures. • Provides new definitions for habitable and non-habitable accessory structures and distinguishes them from accessory second dwelling units. • Consolidates and clarifies standards for attached and detached accessory structures. • Provides greater flexibility for the City to allow bingo games as an accessory use, and a more streamlined review process far bingo games as a stand-alone use. • Establishes a process for allowing churches in the Industrial zone based on a review of parking conditions rather than as a conditionally permitted use. � Codifies the City's practice of not including parking structures in the calculation of floor area ratio. A detailed discussion of the Code revisions is presented in Attachment 5 to this report. The following discussion summarizes the Code changes related to each matter. ITEM 2 2/10/15 Residential Accessory Structures Staff receives routine inquiries from the public about a wide variety of accessory structure scenarios including: • Installation of utility sinks, washing machines, and water heaters in garages. • Installation of wet bars and/or bathrooms in various types of detached accessory structures (e.g.,recreation rooms,pool houses, exercise rooms, guest houses). Presently, the Code allows plumbing facilities in accessory structures in a limited capacity. Specifically,detached accessory structures with unfinished interiors may contain a utility sink,and detached accessory structures less than 150 sq. ft. may contain a half-bath (toilet and sink). Additional interior plumbing facilities for accessory structures not meeting either of these criteria are allowed only with approval of a conditional use permit. Existing Code requirements also lead to ambiguity regarding the treatment of detached habitable accessory structures such as pool houses, recreation rooms, exercise rooms, and guest houses. These structures generally exceed 150 sq. ft. in area. Property owners often want to incorporate bathrooms and wet bars into these types of structures. Here again, approval of a conditional use permit is required. While the limitations in the present Code language serve a purpose, and are designed to preserve onsite parking accessibility, and discourage illegal accessory structure conversions to living units, in some instances the amenities being requested are simply functional and justifiable given the circumstances, and the Code requirement for a conditional use permit places an unnecessary burden on the property owner, as the requested activity presents no potential adverse effects on its surrounding (e.g., utility sink and water heater together in an accessory structure, or a bathroom and wet bar in a pool house). In order to simplify the Code requirements for accessory structures, and streamline the approval process for accessory structures with certain types of amenities, Staff has proposed the following Code revisions: • Establish definitions for "habitable accessory structure" and "non-habitable accessory structure"to distinguish them from"accessory second housing unit." • Revise the definition of "kitchen" to distinguish a full kitchen intended for typical household use from incidental kitchen-like amenities commonly associated with an accessory structure intended for recreational uses (i.e., wet bar, microwave, mini- refrigerator). • Combine the development standards for attached and detached accessory structures. ITEM 3 2/10/15 • Allow installation of a utility sink, washing machine, water heater, or similar plumbing facilities in a residential garage provided that the garage remains available for parking. • Allow habitable accessory structures up to 450 sq. ft. in size to include plumbing facilities as a permitted use on residential properties with a lot size greater than 20,000 sq. ft. • Require approval of a conditional use permit by the Zoning Administrator for habitable accessory structures up to 450 sq. ft. in size with plumbing facilities on residential lots smaller than 20,000 sq. ft. • Require approval of a conditional use permit by the Zoning Administrator for habitable accessory structures larger than 450 sq. ft. in aggregate area, either with or without plumbing facilities. Where such structures meet the criteria for an "accessory second housing unit" as defined in the Code, they would be permitted, and be subject to the provision of additional on-site parking. These changes enable over-the-counter review and approval of a substantial portion of accessory structure improvements that come before Planning staff. It should be noted that the proposed Ordinance has undergone refinement since the Planning Commission hearing in September 2014 in response to Council feedback during briefings in preparation for the City Council public hearing. Specifically: 1) the proposed Ordinance did not provide a differentiated review process for detached habitable accessory structures up to 450 sq. ft. in area with plumbing facilities based on lot size; 2)the proposed Ordinance did not originally include review of conditional use permits by the Zoning Administrator. As presented in Attachments 1 and 2, public hearings for certain habitable accessory structures would be subject to a streamlined Zoning Administrator hearing process rather than consideration by the Planning Commission. This process continues to provide closer scrutiny of property changes related to accessory structures that could fundamentally alter property characteristics in a manner that is incompatible with the prevailing neighborhood character and intent and purpose of the underlying residential General Plan land use designation and zoning classification for the property (e.g., creation of illegal dwelling units or a compound). Should the circumstances be controversial, action on the conditional use permit could be appealed to the Planning Commission and ultimately the City Council. Parking Structures and Floor Area Ratio As a practice, the City has not included parking structures in the calculation of floor area ratio (FAR) for new development, in order to encourage land to be put to higher and better use, and provide property owners and developers with greater flexibility. This exemption, however, is not clearly presented in the Code. Staff proposes a revision to the definition of FAR to indicate that parking structure floor area shall not be included in the calculation of FAR. ITEM 4 2/10/15 Bingo Games The Code presently requires bingo games subject to approval of a conditional use permit. Often Bingo is proposed as an accessory activity to existing church, fraternal organization, or similar not-for-profit uses; however, in some instances,bingo is proposed as a stand-alone use. Conditional use permits for Bingo involve a recommendation from the Planning Commission,and ultimate approval by the City Council. City Council review typically does not result in public input or the addition of conditions of approval beyond those recommended by the Planning Commission. Therefore, staff is proposing revisions to the Code that would allow bingo as an accessory to certain uses to occur without a conditional use permit provided that the activity is conducted in accordance with Chapter 5.95 of the Orange Municipal Code (Business Taxes and Regulations, Bingo). The Code revisions would allow bingo as a stand-alone use through the approval of a conditional use permit by the Planning Commission. City Council approval would no longer be required. The proposed changes also address bingo uses in Industrial and Public Institution zones, as bingo is not presently included in the land use tables for these zones. Churches in Industrial Zones The City presently requires approval of a conditional use permit for churches in Industrial zones. This requirement is based primarily on the need to confirm that parking demand associated with a church does not negatively impact industrial activity occurring on a shared site. The City requests information about hours of peak activity and parking demand for proposed churches and adjacent uses to confirm that peak demand for shared parking does not conflict. Based on this review,the City routinely grants approval of these types of conditional use permits. Staff is proposing revisions to the Code that allow churches in Industrial zones as a permitted use. Where a church occupies a tenant space in a multi-tenant industrial center, approval of a parking management plan via the Minor Site Plan Review process would be required. This change provides relief from the Planning Commission public hearing process. Planning Commission Review The Planning Commission conducted a public hearing on the proposed Ordinance on September 15,2014. The Commission requested information about whether or not churches were allowed by right in any one of the City's zoning districts, and if the Code change was intended to encourage churches in industrial zones rather than other areas of the community. The Commission also asked whether staff had any concerns about parking issues related to bingo as an accessory use. There were no comments from members of the public on the item. ITEM 5 2/10/15 With regard to churches as a use in the various zoning districts,a conditional use permit is presently required in all zoning districts that accommodate churches as a use. With the Code changes, the two industrial zones would be the only zoning districts that would not require a church to obtain a conditional use permit. Staff believes that allowing churches by right in the industrial zones is appropriate given the fact that these zones are found in areas of the city that are generally developed with large buildings and sites that can accommodate gatherings of people, and are typically separated from sensitive land uses, such as residential neighborhoods, that have greater potential to be negatively impacted by parking,traffic,and evening activities commonly associated with churches. The Code changes are not designed to encourage churches in industrial zones, but rather to streamline the review process due to the minimal potential for negative effects on surrounding land uses. In the case of parking demand related to bingo as an accessory use, staff does not believe that bingo would generate an inordinate amount of parking demand beyond other types of gatherings associated with the primary use of the property (e.g., musical programs, lectures). 7. ATTACHMENTS 1. Ordinance No. 08-14 (clean copy) 2. Ordinance No. 08-14 (redline copy) 3. Planning Commission Resolution No. 15-14 4. Planning Commission Minutes, September 15, 2014 5. Planning Commission Staff Report, September 15, 2014 N:\CDD�PLNG\Ordinance Amendments�Dev_Strm_AccStrct_Bingo_PkgStrFAR_ChurchesIndZones(Ord_08-14)\CC\CC_Rpt_2_10_14.docx ITEM 6 2/10/15 ORDINANCE NO. 08-14 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ORANGE AMENDING TITLE 17 OF THE ORANGE MUNICIPAL CODE TO STREAMLINE THE REVIEW PROCESS AND CLARIFY CITY STANDARDS FOR CERTAIN TYPES OF RESIDENTIAL ACCESSORY STRUCTURES, BINGO GAMES, CHURCHES IN INDUSTRIAL ZONES, AND PARKING STRUCTURE FLOOR AREA RATIO WHEREAS,the City desires to put in place policies and procedures that avail the public of efficient and expeditious review of new residential accessory structures that provide conveniences and amenities for single-family residences, while ensuring preservation of the distinctive quality and character of Orange's diverse neighborhood environments; and WHEREAS,the City recognizes that Bingo games most commonly occur as an accessory activity to churches, fraternal organizations,and similar uses as a not-for-profit fundraising tool to support organization and community service efforts, and that the Planning Commission's public hearing process provides an adequate forum for vetting concerns and imposing conditions for Bingo games as stand-alone uses; and WHEREAS, the City desires to accommodate churches in Industrial zones without the need for a public hearing,provided that they do not negatively impact parking,and create negative conditions for conducting business consistent with the land use and economic development objectives of the City's industrial zones; and WHEREAS,the City recognizes that site redevelopment or intensification often involves the need for structured parking to satisfy project parking as required by the Zoning Ordinance, and desires to exempt the floor area of structured parking for purposes of calculating a project's floor area ratio in order to facilitate site redevelopment at levels of intensity allowed for in the General Plan. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ORANGE DOES HEREBY ORDAIN AS FOLLOWS: SECTION I: Section 17.04.020 is revised to amend the definition of Accessory Structure as follows: ACCESSORY STRUCTURE—A building attached to or detached from the principal building on the same lot and customarily incidental and subordinate to the principal building. In no circumstances shall an accessory building contain facilities for fully independent living. 1 ATTACHMENT NO. 1 ORDINANCE NO.08-14(CLEAN COPY) TITLE 17 PUBLIC HEARING FEBRUARY 10,2015 CC MEETING SECTION II: Section 17.04.020 is revised to add definitions for Habitable Accessory Structure and Non- Habitable Accessory Structure as follows: ACCESSORY STRUCTURE, HABITABLE — an accessory structure constructed in accordance with the Uniform Building Code criteria for habitable space, which may include a bathroom or similar plumbing facilities, does not include a kitchen as defined by this Code, and is located on a parcel developed with an existing single-family dwelling. Habitable accessory structures shall be functionally related to the principal residence. A habitable accessory structure is not an "accessory second housing unit" and shall not have a separate utility meter or address. ACCESSORY STRUCT'URE, NON-HABITABLE — an accessory structure that does not meet the Uniform Building Code criteria for habitable space. SECTION III: Section 17.04.025 is revised to amend the definition of Floor Area Ratio as follows: FLOOR AREA RATIO (F.A.R.) — The building square footage divided by lot area. Building square footage shall include all structures on a lot, including garages and accessory structures, unless otherwise provided in this Code. Parking structures shall not be included in the calculation of F.A.R. SECTION IV: Section 17.04.030 is revised to amend the definition of Kitchen as follows: KITCHEN — A room or portion thereof containing facilities designed or used for the cooking and/or preparation of food; including a sink and the presence of a range or oven, or utility connections suitable for servicing a range or oven. 2 SECTION V: Section 17.04.035 is revised to add a definition for Parking Structure as follows: PARKING STRUCTURE — An attached or detached structure or portion thereof composed of more than one level or floor used exclusively for the parking or storage of motor vehicles. A parking structure may be totally below grade (as in an underground parking garage) or either partially or totally above grade with those levels being either open or enclosed. SECTION VI: Section 17.10.030.D is revised to delete Subsection 3, and renumber Subsections 4 through 7 as 3 through 6, accordingly. SECTION VII: Section 17.10.060.D is revised to add a new subsection k. to read as follows: k. Parking management plans for churches or religious assembly uses in industrial zones pursuant to Section 17.20.060.E. SECTION VIII: Section 17.10.030.E.1 is revised to add a new subsection d to read as follows: d. Habitable accessory structures as set forth in Section 17.14.160. SECTION IX• Section 17.14.OSO.A.1 is revised to read as follows: 1. Accessory second housing units shall be permitted only on lots which contain one existing permanent single-family dwelling unit,but in no case shall be permitted where there is an existing accessory second unit. Lots that are not developed with a permanent single-family dwelling unit but are occupied solely by a tent, trailer and/or other temporary structure shall not be considered for development of an accessory second unit housing. SECTION X: Section 17.14.160 and Section 17.14.170 are combined as a revised Section 17.14.160 to read as follows: 3 17.14.160 Accessory Structures or Garages. A. Purpose and Intent. The purpose of these standards is to accommodate residential accessory structures that provide conveniences and amenities for single- family residences, while ensuring preservation of neighborhood quality and character. B. Principal Structure Required. Accessory structures or garages shall only be permitted on a lot developed with an existing legal single-family, duplex, or multiple-family dwelling units under the same ownership. For purposes of this section the term accessory structure shall mean either habitable or non-habitable accessory structures. C. Attached Accessory Structures or Garages. Where a garage or accessory structure is attached to and made a part of the principal structure, at least fifty (50) percent of the length of one of the walls of the accessory structure or garage shall be an integral part of the principal structure, and the garage or accessory structure shall comply in all respects with the requirements of this title applicable to a principal structure. D. Detached Accessory Structures or Garages. Where a garage, or accessory structure is detached from the principal structure, the setback and height requirements outlined in Table 17.14.160 shall apply. E. Square Footage Limitation. The total aggregate square footage of all attached or detached accessory structures on a lot shall not exceed fifty(50)percent of the square footage of the principal structure. 1. Habitable Accessory structures greater than four hundred fifty (450) gross aggregate square feet 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. F. Interior Plumbing. Interior plumbing facilities are permitted in accessory structures as follows: 1. Any non-habitable accessory structure, such as a warkshop or garage, may contain a utility sink,washer and dryer,and/or water heater or other accessory plumbing facilities deemed similar by the Community Development Director. In the case of residential garages, such facilities are allowed provided that the garage remains available for parking in accordance with Section 17.34.050. 2. Habitable accessory structures of any size on lots less than 20,000 square feet in size may contain plumbing facilities subject to the approval of a conditional use permit. 3. Habitable accessory structures on lots larger than 20,000 square feet in size may contain plumbing facilities as a permitted use provided that they are limited in size to not more than four hundred fifty (450) gross square feet. 4 Table 17.14.160 ACCESSORY STRUCTURES Lot Size Lot Size <20,000 s . ft. >20,000 s . ft. Non-habitable of any size with washing machine,water heater, utility sink,or other facilities deemed similar by the Community P P Development Directar Habitable, less than 450 sq. ft. with plumbing facilities CUP P Habitable,more than 450 gross aggregate square feet with or without plumbing facilities CUP CUP P=Permitted CUP=Conditional Use Permit(Zoning Administrator) F. Garage Doors. Residential garages shall be designed and constructed to accommodate motor vehicles typically associated with household use. Residential garage doors exceeding eight feet in height that are visible from the street may be permitted only upon approval of a minor site plan review in accordance with Section 17.10.060 of this title (Ords. 6-00; Ord. 12-95). SECTION XI: Table 17.18.030 is revised as follows: (Table Excerpt) USE OP CP/C 1 CTR C2 C3 CR Miscellaneous Uses Adult Ente rise - - - - P - Ambulance Service - C C C C - Antennas, Satellite Dishes - A* A* A* A* A* Antennas,Wireless Communication A*/C+ A*/C+ A*/C+ A*/C+ A*/C+ A*/C+ Bin o Games A*/C+ A*/C+ A*/C+ A*/C+ A*/C+ A*/C+ Businesses rovidin drive-throu windows - C+ C+ C+ C+ P* Cemete (not includin crematorium) - C C C C - 5 SECTION XII: Section 17.18.060 is revised to add a new subsection H as follows, with existing subsections H through R re-labeled as I through S, accordingly: H. Bingo Games 1. Bingo games may be conducted as an accessory use on the same site or property as a recreation or assembly hall, clubroom, or church in a space designed for group activities. 2. All bingo games shall comply with the provisions of Chapter 5.95 of the Orange Municipal Code. SECTION XIII: Section 17.18.070 is revised as follows: J. Bingo Games 1. Bingo games as a stand-alone use shall only be conducted within a recreation or assembly hall, clubroom,-or similar facility designed for group activities. 2. All bingo games shall comply with the provisions of Chapter 5.95 of the Orange Municipal Code. SECTION XIV: Table 17.19.030 is revised to read as follows: (Table Excerpt) MIXED USE DISTRICTS OTMU-15S OTMU-15 OTMU-24 NMU-24 UMU Additional USE Re uirements Miscellaneous Uses Antennas, Satellite Dishes A A A A A 17.12A20 Antennas,Wireless Communication A/C A/C A/C A/C A/C 17.12.025 Assembly uses(clubs,lodges,and similar C C C C C uses) Bingo Games A*/C A*/C A*/C A*/C A*/C 17.18.060 17.18.070 Businesses providing drive-through _ _ _ C C 17.19.070 windows Church C C C C C 6 SECTION XV: Table 17.20.030 is revised to read as follows: (Table Excerpt) USE Ml M2 Miscellaneous Uses Bin o Games A*/C+ - Caretalcer's residence includin mobile home P* P* Cemete ;crematorium C C Church or reli ious assembl P* P* Conversion of a residential structure to a non residential use P* P* Creation of a lot without fronta e on a ublic street P* P* SECTION XVI: Section 17.20.050 is revised to add a new Subsections C as follows,with existing subsection C re- labeled D, and existing subsection E through L, re-labeled as F through M, accardingly: C. Bingo Games. 1. Bingo games may be conducted as an accessory use on the same site or property as a church. 2. All bingo games shall comply with the provisions of Chapter 5.95 of the Orange Municipal Code. SECTION XVII: Section 17.20.050 is revised to add a new Subsection D as follows, with existing subsection D through L, re-labeled as E through M, accordingly: D. Church or Religious Assembly. Churches or religious assembly uses that occupy tenant space in an industrial property with more than one tenant and shared on-site parking are permitted in the industrial zones subject to the approval of a parking management plan in accordance with Section 17.10.060.D. The parking management plan shall provide information about parking requirements and availability, and hours of operation for the church or religious assembly use as well as other individual uses sharing on-site parking. The parking management plan shall demonstrate that the church or religious assembly use can be accommodated on the site without impacting the availability of required parking for other on-site uses. Shared on-site parking requires parking management plan review and Minor Site Plan Review in accordance with Section 17.10.060. For shared off-site parking, a conditional use permit is required in accordance with Section 17.34.100. 7 SECTION XVIII: Section 17.20.060 is revised to add new Subsections C and E as follows, with existing subsection C re-labeled D, and existing subsection E through M, re-labeled as F through O, accordingly: C. Bingo Games. 1. Bingo games as a stand-alone use shall comply with the provisions of Chapter 5.95 of the Orange Municipal Code. SECTION XIX: Table 17.24.020 is revised to read as follows: (Table Exce t) USE PI Antennas,Satellite Dish A* Antennas,Wireless Communication A*/C+ Bin o Games A* Cemeteries,crematoriums,and mausoleums P Churches(includin church schools) P SECTION XX: Section 17.24.040 is revised to add a new Subsections C as follows, with existing subsections C through I re-labeled as D through J, accordingly: C. Bingo Games. 1. Bingo games may be conducted as an accessory use on the same site or property as a church. 2. All bingo games shall comply with the provisions of Chapter 5.95 of the Orange Municipal Code. N:\CDD�PLNG\Ordinance Amendments�Dev_Strm_AccStrct_Bingo_PkgSVFAR_ChurcheslndZones(Ord_08-14)\CC\CC_Ord_DRAFT_Clean_Rev_t_15_2015.docx 8 ORDINANCE NO. 08-14 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ORANGE AMENDING TITLE 17 OF THE ORANGE MUNICIPAL CODE TO STREAMLINE THE REVIEW PROCESS AND CLARIFY CITY STANDARDS FOR CERTAIN TYPES OF RESIDENTIAL ACCESSORY STRUCTURES, BINGO GAMES, CHURCHES IN INDUSTRIAL ZONES, AND PARKING STRUCTURE FLOOR AREA RATIO WHEREAS,the City desires to put in place policies and procedures that avail the public of efficient and expeditious review of new residential accessory structures that provide conveniences and amenities for single-family residences, while ensuring preservation of the distinctive quality and character of Orange's diverse neighborhood environments; and WHEREAS,the City recognizes that Bingo games most commonly occur as an accessory activity to churches, fraternal organizations,and similar uses as a not-for-profit fundraising tool to support organization and community service efforts, and that the Planning Commission's public hearing process provides an adequate forum for vetting concerns and imposing conditions for Bingo games as stand-alone uses; and WHEREAS, the City desires to accommodate churches in Industrial zones without the need for a public hearing,provided that they do not negatively impact parking,and create negative conditions for conducting business consistent with the land use and economic development objectives of the City's industrial zones; and WHEREAS,the City recognizes that site redevelopment or intensification often involves the need for structured parking to satisfy project parking as required by the Zoning Ordinance,and desires to exempt the floor area of structured parking for purposes of calculating a project's floor area ratio in order to facilitate site redevelopment at levels of intensity allowed for in the General Plan. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ORANGE DOES HEREBY ORDAIN AS FOLLOWS: SECTION I: Section 17.04.020 is revised to amend the definition of Accessory Structure as follows: ACCESSORY STRUCTURE—A building attached to or detached from the principal building on the same lot and customarily incidental and subordinate to the principal building. "^ �^^����r�� J4«„C �.4 r�4n�r� r.4o.�.� v��iim�ir�rt ��n��i4.on r��v i�n nzi ii t +�, t, a..oa �;�+., i�cm ,. o � �, ... ATTACHMENT NO.2 1 ORDINANCE NO.08-14(REDLINE COPY) TITLE 17 PUBLIC HEARING FEBRUARY 10,2015 CC MEETING ,.1,;,.t, ,. ;+„-.�.,,. „*.,;,, „ o+1,�„ „ o L,�1�1,�+1, l,,,,o r.,;lot�„�1 e�e-s�lc�. In no circumstances shall an accessory building contain facilities for fully independent living. SECTION II: Section 17.04.020 is revised to add definitions for Habitable Accessory Structure and Non- Habitable Accessory Structure as follows: ACCESSORY STRUCTURE, HABITABLE — an accessory structure constructed in accordance with the Uniform Buildin� Code criteria for habitable snace, which mav include a bathroom or similar plumbing facilities, does not include a kitchen as de�ned bv this Code, and is located on a narcel develoned with an existing single-familv dwellinQ. Habitable accessory structures shall be functionallv related to the principal residence. A habitable accessory structure is not an "accessory second housinQ unit"and shall not have a senarate utilitv meter or address. ACCESSORYSTRUCTURE, NON-HABITABLE—an accessory structure that does not meet the Uniform Building Code criteria for habitable snace. SECTION III: Section 17.04.025 is revised to amend the definition of Floor Area Ratio as follows: FLOOR AREA RATIO (F.A.R.) — The building square footage divided by lot area. Building square footage shall include all structures on a lot, including garages and accessory structures, unless otherwise provided in this Code. ParkinP structures shall not be included in the calculation of F.A.R. SECTION IV: Section 17.04.030 is revised to amend the definition of Kitchen as follows: KITCHEN — A room or portion thereof containing facilities designed or used for the cookinp and/or preparation of food; including a sink and the vresence of a range or oven, or utilitv connections suitable for servicinQ a ran�e or oven �g �ci-1?�e�-s�e�-�� v o 0 0 0 .,a i�r �.�� � „ �, ..., „� ,. �• 2 SECTION V: Section 17.04.035 is revised to add a definition for Parking Structure as follows: PARKING STRUCTUR�—An attached or detached structure or portion thereof composed of more than one level or floor used exclusivelv for the parking or stora�e of motor vehicles. A parking structure mav be totallv below Qrade (as in an underQround parkin� QaraQe) or either partiallv or totally above grade with those levels being either oven or enclosed. SECTION VI: Section 17.10.030.D is revised to delete Subsection 3, and renumber Subsections 4 through 7 as 3 through 6, accordingly. � u;,,,.,, r:,,,,,o� „ „r++„ ca,.r;�„ t� i Q n�n �. . . . SECTION VII: Section 17.10.060.D is revised to add a new subsection k. to read as follows: k. Parkin� management nlans for churches or religious assemblv uses in industrial zones pursuant to Section 17.20.060.E. SECTION VIII: Section 17.10.030.E.1 is revised to add a new subsection d to read as follows: d. Habitable accessory structures as set forth in Section 1�14.160. SECTION IX: Section 17.14.OSO.A.1 is revised to read as follows: 1. Accessory second housing units shall be permitted only on lots which contain one existing permanent single-family dwelling unit,but in no case shall be permitted where there is an existing g�es�ke�se,���-�=�,~"'''''� " 'n«o��='��"^:� accessory second unit. Lots E� that are not developed with a nermanent sinQle-familv dwellin� unit but are occunied solelv bv a tent, trailer and/or other temporary structure shall not be considered for development of an accessory second unit housing. 3 SECTION X: Section 17.14.160 and Section 17.14.170 are combined as a revised Section 17.14.160 to read as follows: 17.14.160 "+�Accessory Structures or Garages. A. Purpose and Intent. The purpose of these standards is to accommodate residential accessory structures that nrovide conveniences and amenities for sinQle-familv residences, while ensurin� nreservation of nei�hborhood qualitv and character. B. Princinal Structure Required. Accessory structures or garages shall onlv be permitted on a lot developed with an existinQ leQal sin�le-family, duple.z, or multinle-familv dwellinF units under the same ownership. For purposes of this section the term accessory structure shall mean either habitable or non- habitable accessory structures. C. Attached Accessory Structures or Gara�es. Where a garage or accessory structure is attached to and made a part of the principal structure, at least fifty (50) percent of the length of one of the walls of the accessory structure or garage shall be an integral part of the principal structure, and the garage or accessory structure shall comply in all respects with the requirements of this title applicable to a principal structure. u •a *' 1 i, tt i,o ,�v�:,.�oa „a „��,.,,,.+o,� �� .u.,,,..,,,,,,,a.,+o a• �,+ � � • i, „i,�.., , �.o ;+�aa ,,,,i. ,,�n„ .,i „�„ �;.o S b b nJ r� �� �r rrN . . . . � . `�, �.,/ 1^/ 1 A 1^IIl il + i....7 A.....�nn...... C+..,,..4�...0� �..f . . ., ..a .�»�»b�..,. z-'�.�—p rrrEi�3��-��lE�i'�--���krr2E���EE2S$0«.. �+,.,,,.+,,,.o� �l,�ll_,,,,1., � '4+ rl '+1� �.�1�10....;.�i.�rol �.+r»ntii«o...�.+1�0�. o .�rl:....o.�f 1�+,,...lo« o � 4L.o c.�� ED. Detached Accessory Structures or Garages. Where a QaraFe, or accessory structure is detached from the principal structure, n—��t�Ek�—the setback and height requirements outlined in Table 17.14.-�9(�}160 shall apply. � u��+ u t,+ o o„�� � ��,. ,.*��ro� �i,,,it t,o .t,a � t + +,,,.o� ,.. „ �;aoa �„ rr„t�to i� i n 1^7(1!R\_ � � � .. ... ....,.., � ,.� �.�.-:,�:.�. �E. Square Footage Limitation. The total a��re�ate square footage of all attached or detached accessory structures on a lot shall not exceed fifty (50) percent of the square footage of the principal structure. 1. Habitable Accessory structures�reater than four hundred�ftv (450) ,�ross a��re�ate sQuare feet are allowed subiect to the anuroval of a conditional 4 use permit bv the ZoninQ Administrator in accordance with Section 17.10.030.E.1.d. �F Interior Plumbing. Interior plumbing facilities are permitted in accessory structures^�'�� � ��'�r*'�� �"���•�„� � m�*����� as ollows: '.�-Rscesr.�e��t�ttEt�tr�--�esj,.rt�,,,,, ,. o �,,,,,a,.�,�r���� f o+ ; ,,,,��;,, � L,�l�l.�+l, l,,,,o�,,;lo+ �,,.1 „ „L\ �1. Any non-habitable accessory structure����+'� ����„�^��'��a��*�r�^r,such as a workshop or garage,may contain a utility sink, washer and drver,and/or water heater or other accessory plumbing facilities deemed similar bv the Communitv Develoument Director. In the case of residential QaraQes, such facilities are allowed nrovided that the �ara�e remains available for parkin� in accordance with Section 17.34.050. �2. naa;�;,,,,.,i „*o,.;,,,. ,.i,,,,,�.;,,,� �,.;i;�;o� ,,, . �.o �o,.,.,;++oa „i., , ���� � ra�*����' � � ���*.Habitable accessory structures of anv size on lots less than 20,000 spuare feet in size mav contain nlumbin�facilities subiect to the anproval of a conditional use nermit. 3. Habitable accessory structures on lots larFer than 20,000 spuare feet in size mav contain nlumbin�facilities as a nermitted use nrovided that thev are limited in size to not more than four hundred rftv (450)gross spuare feet. Table 17.14.160 ACCESSORYSTRUCTURES Lot Size Lot Size <20 000 s . � >20 000 s . t. Non-habitable of anv size with washing machine, water heater, utilitv sink, or other facilities deemed similar bv the Communitv P P Development Director Habitable,less than 450 sq. ft. with plumbing facilities CUP P Habitable, more than 450 Qross a��re�ate sQuare feet with or without plumbin�facilities CUP CUP P=Permitted CUP=Conditional Use Permit(ZoninQ Administrator) 5 F. Garage Doors. Residential garages shall be designed and constructed to accommodate motor vehicles typically associated with household use. Residential garage doors exceeding eight feet in height that are visible from the street may be permitted only upon approval of a minor site plan review in accordance with Section 17.10.060 of this title (Ords. 6-00: Ord 12-95). SECTION XI: Table 17.18.030 is revised as follows: (Table Excerpt) USE OP CP/C1 CTR C2 C3 CR Miscellaneous Uses Adult Ente rise - - - - P - Ambulance Service - C C C C - Antennas,Satellite Dishes - A* A* A* A* A* Antennas,Wireless Communication A*/C+ A*/C+ A*/C+ A*/C+ A*/C+ A*/C+ Bin o Games A*/C+ A*/C+ A*/C+ A*/C+ A*/C+ A*/C+ Businesses rovidin drive-throu h windows C+ C+ C+ C+ P* Cemete (not includin crematorium) - C C C C - SECTION XII: Section 17.18.060 is revised to add a new subsection H as follows, with existing subsections H through R re-labeled as I through S, accordingly: H. BinQo Games 1. BinQo�ames mav be conducted as an accessory use on the same site or propertv as a recreation or assemblv hall, clubroom, or church in a space desi�ned for�roup activities. 2. All bingo Qames shall complv with the nrovisions of Chapter 5.95 of the Oran�e Municipal Code. SECTION XIII: Section 17.18.070 is revised as follows: J. Bingo Games 1. Bingo games as a stand-alone use shall only be conducted within a recreation or assembly hall, clubroom,�}or similar facility designed for group activities. 6 2. All bingo games shall comply with the provisions of Chapter 5.95 of the Orange Municipal Code. 3�1}_,.,,,,a;.;,,,,.,� o :+� � +�. � •++• �,• �, �� • .,..............�. ..�� 1,....,...., oi-crr�piirpv�vrpcn�a-�rcmg-rnrrgv garrxc�-�niarrcclzxiTv 0 1..,rl,o !'';*.. ('',,,,,,,,;1 ,,,7.,+;,,,, 1,..rl,o D1.,,,,,:.,,. !'� _.,.,.........�v vJ �.iv vi�� vvuaavii� u�via i�.vviiiIIiGTI�TCC[i�1TPrl1Zl,TiT[III2iii��,p'IiiiiIi.�Ji�7ir SECTION XIV: Table 17.19.030 is revised to read as follows: (Table Excerpt) MIXED USE DISTRICTS OTMU-155 OTMU-15 OTMU-24 NMU-24 UMU Additional USE Re uirements Miscellaneous Uses Antennas, Satellite Dishes A A A A A 17.12.020 Antennas,Wireless Communication A/C A/C A/C A/C A/C 17.12.025 Assembly uses(clubs,lodges,and similar C C C C C uses) Bingo Games A*/C A*/C A*/C A*/C A*/C 17.18.060 17.18.070 Businesses providing drive-through _ _ _ C C 17.19.070 windows Church C C C C C SECTION XV: Table 17.20.030 is revised to read as follows: (Table Exce t) USE M1 M2 Miscellaneous Uses Bin o Games A*/C+ Caretaker's residence includin mobile home P* P* Cemete ;crematorium C C Church or reli ious assembl E P* �P* Conversion of a residential structure to a non residential use P* P* Creation of a lot without fronta e on a ublic street P* P* 7 SECTION XVI: Section 17.20.050 is revised to add a new Subsections C as follows,with existing subsection C re- labeled D, and existing subsection E through L, re-labeled as F through M, accordingly: C. BinQo Games. 1. BinQo�ames may be conducted as an accessory use on the same site or propertv as a church. 2. All bin�o,�ames shall complv with the provisions of Chapter 5.95 of the Oran�e Municipal Code. SECTION XVII: Section 17.20.050 is revised to add a new Subsection D as follows, with existing subsection D through L, re-labeled as E through M, accordingly: D. Church or Reli,�ious Assemblv. Churches or reliQious assembly uses that occupy tenant space in an industrial nrouertv with more than one tenant and shared on-site parkin� are permitted in the industrial zones subiect to the approval of a parkinQ management plan in accordance with Section 17.10.060.D. The parkinQ mana�ement plan shall provide information about parkinQ repuirements and availabilitv, and hours of operation for the church or reli�ious assemblv use as well as other individual uses sharin� on-site parkin� The parkin� mana�ement plan shall demonstrate that the church or religious assemblv use can be accommodated on the site without impactinQ the availabilitv of' reqruired parkin� for other on-site uses. Shared on-site parkin� repuires parkin� mana,�ement plan review and Minor Site Plan Review in accordance with Section 17.10.060. For shared off site parkinQ, a conditional use permit is required in accordance with Section 17.34.100. SECTION XVIII: Section 17.20.060 is revised to add new Subsections C and E as follows,with existing subsection C re-labeled D, and existing subsection E through M, re-labeled as F through O, accordingly: C. Bin,�o Games. 1. Bin�o�ames as a stand-alone use shall complv with the nrovisions of Chapter 5.95 of the Oran�e Municipal Code. 8 SECTION XIX: Table 17.24.020 is revised to read as follows: (Table Excerpt) USE PI Antennas,Satellite Dish A* Antennas,Wireless Communication A*/C+ Bin o Games A* Cemeteries,crematoriums,and mausoleums P Churches(includin church schools) P SECTION XX: Section 17.24.040 is revised to add a new Subsections C as follows, with existing subsections C through I re-labeled as D through J, accordingly: C. Bin�o Games. 1. BinQo�ames may be conducted as an accessory use on the same site or propertv as a church. 2. All bin�o �ames shall comply with the provisions of Chapter 5.95 of the Oran�e Municipal Code. N:\CDD�PLNG\Ordinance Amendments�Dev_Strtn_AccStrct_Bingo_PkgSVFAR_ChurcheslndZones(Ord_08-14)\CC\CC_Ord_DRAFT_Tracked_Rev_1_15_2015.docx 9 ORDINANCE AMENDMENT DEVELOPMENT STREAMLINING ACCESSORY STRUCTURES, B1NG0, CHURCHES IN 1NDUSTRIAL ZONES, AND � PARKING STRUCTURE FLOOR AREA RATIO RESOLUTION NO. PC 15-14 � A RESOLUTION OF THE PLANNING COMMISSION RECOMMENDING CITY COUNCIL APPROVAL OF AN ORDINANCE AMENDING TITLE 17 OF THE ORANGE MUNICIPAL CODE TO STREAMLINE THE REVIEW PROCESS AND CLARIFY CITY STANDARDS FOR CERTAIN TYPES OF RESIDENTIAL ACCESSORY STRUCTURES, BINGO GAMES, CHURCHES IN INDUSTRIAL ZONES, AND PARHING STRUCTURE FLOOR AREA RATIO APPLICANT: CITY OF ORANGE Moved by Commissioner Buttress and seconded by Commissioner Gladson that the following resolution be adopted: WHEREAS, the City desires to put in place policies and procedures that avail the public of efficient and expeditious review of new residential accessory structures that provide conveniences and �amenities for single-family residences, while ensuring preservation of the distinctive quality and character of Orange's diverse neighborhood environments; and WHEREAS, the City recognizes that Bingo games most commonly occur as an accessory activity to churches, fraternal organizations, and similar uses as a not-for-profit fundraising tool to support organization and community service efforts, and that the Planning Commission's public hearing process provides an adequate forum for vetting concerns and imposing conditions for Bingo games as stand-alone uses; and WHEREAS, the City desires to accommodate churches in Industrial zones without the need for a public hearing, provided that they do not negatively impact parking, and create negative conditions for conducting business consistent with the land use and economic development objectives of the City's industrial zones; and WHEREAS,the City recognizes that site redevelopment or intensification often involves the need for structured parking to satisfy project parking as required by the Zoning Ordinance, and desires to exempt the floor area of structured parking for purposes of calculating a project's floor area ratio in order to facilitate site redevelopment at levels of intensity allowed for in the General Plan; and, WHEREAS, on October 23, 2012, the City Council directed staff to initiate changes to � the Orange Municipal Code with the purpose of streamlining the review process for certain types ATTACHMENT NO.3 PLANNING COM.RESO NO. 15-14 TITLE 17 PUBLIC HEARING FEBRUARY 10,2015 CC MEETING Resolution No. PC 15-14 Page 2 of 3 \ of development and use applications and building modifications, with the subject Ordinance Amendment representing the third tier of these changes in the form of modifications to procedures and standards contained in Sections 17.04.020, 17.04.025, 17.04.030, 17.04.035, 17.10.030, 17.10.060, 17.14.050, 17.14.160, 17.14.170, 17.18.030, 17.18.060, 17.18.070, 17.19.030, 17.20.030, 17.20.050, 17.20.060, 17.24.020, and 17.24.040 as provided in this Ordinance; and, WHEREAS, the Planning Commission, having considered the proposed changes to the Orange Municipal Code contained herein at a public hearing held on September 15, 2014, including review of the staff report and having received public testimony on the item, has determined the proposed amendment is justified and recommends approval thereof. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission recommends that the City Council approve the subject Ordinance Amendment, shown as Attachment A, attached hereto, based on the following findings: SECTION 1- F1NDINGS 1. The Code revisions associated with the Ordinance are consistent with the Land Use and Economic Development Elements of the General Plan in that they support preserving the quality of life and enjoyment of property in residential neighborhoods •by providing clarification and refinements to City standards related to accessory structures. The Code revisions pertaining to parking structures and floor area ratio encourage economic development and property reinvestment by facilitating infill development. Modifications to the Code related to bingo games also continue to protect the quality of life in the community while reducing the time and cost to applicants associated with City review and approval. The Ordinance improves customer service to the public and more efficient use of City staff time and resources for circumstances where the public request has a benign effect on the community. SECTION 2-ENVIRONMENTAL REVIEW The draft Ordinance Amendment is categorically exempt from the provision of the California Environmental Quality Act (CEQA) per State CEQA Guidelines Section 15305 (Class 5-Minor Alterations in Land Use Limitations. Resolution No. PC 15-14 Page 3 of 3 � I hereby certify that the Planning Commission of the City of Orange adopts the foregoing resolution on September 15, 2014 by the following vote: AYES: Commissioners Buttress, Cathcart, Correa, Gladson& Steiner NOES: None ABSTAIN: None ABSENT: None William Steiner, Planning Commission Chair iv� �y Date Planning Commission September 15, 2014 3. CONTINUED ITEM: 3.1 ORDINANCE AMENDMENT — DEVELOPMENT STREAMLINING This item was continued from the August 4, 2014 Planning Commission meeting. An Ordinance to streamline the review process and clarify City standards for certain types of residential accessory structures, bingo games, churches in industrial zones, and parking structure floor area ratio. LOCATION: Citywide NOTE: The draft Ordinance Amendment is exempt from the provisions of the California Environmental Quality Act (CEQA) per State CEQA Guidelines 15305 (Class 5 — Minor Alterations in Land Use Limitations). RECOMMENDED ACTION: ' Adopt Planning Commission Resolution 15-14 recommending City Council approval of an Ordinance amending Title 17 of the OMC standards to streamline certain types of residential accessory structures, bingo games, churches in industrial zones and parking structure floor area ratio. Discussion: Anna Pehoushek, Principal Planner, presented a project overview consistent with the Staff Report. Chair Steiner officially opened the public hearing for those wanting to speak in favor of or in opposition to the proposed project. Chair Steiner officially closed the public hearing. A motion was made to adopt Planning Commission Resolution PC 15-14 recommending City Council approval of an Ordinance amending Title 17 of the Orange •Municipal Code to streamline the review process and clarify City standazds for certain types of residential accessory structures, bingo games, churches in industrial zones, and parking structure floor area ratio. MOTION: Commissioner Buttress 5ECOND: Commissioner Gladson AYES: Commissioners Steiner, Cathcart, Correa, Buttress and Gladson NOES: None MOTION CARRIED 3 ATTACHMENT NO.4 PLANNING COM.MINUTES 9-15-14 TITLE 17 PUBLIC HEARING FEBRUARY 10,2015 CC MEETING G`��.�.���� Planning Commission *� �* A enda Item �: :�� g �.. ,p� �'N�wn a CPyis fltvTY September 15, 2014 TO: Chair Steiner and Members of the Planning Commission THRU: Leslie Roseberry, Planning Manager FROM: Anna Pehoushek,AICP, Principal Planner SUBJECT PUBLIC HEARING: An ordinance to streamline the review process and clarify City standards for certain types of residential accessory structures, Bingo games, churches in Industrial zones, and parking structure floor area ratio. SUMMARY In October 2012, the City Council directed the Community Development Department to undertake amendments to Title 17 of the Orange Municipal Code (Zoning Ordinance) with the purpose of streamlining the review of certain types of development applications and uses in order to simplify and make the public's interaction with the City more streamline, as well as to make more efficient use of City staff resources. The subject Ordinance Amendment represents the third phase of Code streamlining and addresses certain types of residential accessory structures, bingo games, churches in Industrial zones, and parking structure floor area ratio. RECOMMENDED ACTION 1) Adopt Planning Commission Resolution No. PC 15-14 entitled: A RESOLUTION OF THE PLANNING COMMISSION RECOMMENDING CITY COUNCIL APPROVAL OF AN ORDINANCE AMENDING TITLE 17 OF THE ORANGE MUNICIPAL CODE TO STREAMLINE THE REVIEW PROCESS AND CLARIFY CITY STANDARDS FOR CERTAIN TYPES OF RESIDENTIAL ACCESSORY STRUCTURES, BINGO GAMES, CHURCHES IN INDUSTRIAL ZONES, AND PARKING STRUCTURE FLOOR AREA RATIO ATTACHMENT NO.5 PLANNING COM.STAFF REPORT 9-15-14 TITLE 17 PUBLIC HEARING FEBRUARY 10,2015 CC MEETING Planning Commission Staff Report September 15, 2014 Page 2 AUTHORIZATION/GUIDELINES Orange Municipal Code (O.M.C.) Section 17.10.020 requires City Council approval of amendments to the Zoning Ordinance, and also establishes procedures by which the Planning Commission reviews such amendments and makes recommendations to the City Council. PUBLIC NOTICE Public notice of the proposed Ordinance Amendment was published in the Orange City News newspaper on July 23, 2014. Because of the large geographic areas of the City affected by the proposed Ordinance, no single property was posted. Hearing notices were also posted at City Hall, Police, and Library posting locations. ENVIRONMENTAL REVIEW Categorical Exemption: The draft Ordinance Amendment is exempt from the provisions of the California Environmental Quality Act (CEQA)per State CEQA Guidelines Section 15305 (Class 5, Minor Alterations in Land Use Limitations). There is no public review required. PROJECT BACKGROUND In 2012 the City completed an Organizational Assessment that included an evaluation of the Community Development Department's development review process and procedures. The report concluded that opportunities exist for the City to streamline its review process to minimize applicant waiting periods for the City approvals. As a follow up to the Organizational Assessment, Community Development Department staff identified a series of Code requirements and internal procedures where changes could be made to make City operations more efficient, and offer a more user-friendly experience for the public. Based on the findings of the Organizational Assessment, the City Council directed staff to prioritize and undertake the identified Code amendments. The subject Ordinance Amendment addresses the third tier of streamlining opportunities. PROJECT DESCRIPTION The proposed Ordinance Amendment makes revisions to the Zoning Ordinance for purposes of streamlining the review of certain types of development applications and uses in order to simplify and make the public's interaction with the City more streamline, as well as to make more efficient use of City staff resources. To date, two sets of Zoning Ordinance amendments have been approved by the City Council. The subject Ordinance Amendment represents the third phase of Code streamlining and addresses certain types of residential accessory structures, bingo games, churches in Industrial zones, and parking structure floor area ratio. Specifically, the Ordinance: Planning Commission Staff Report September 15, 2014 Page 3 • Provides new parameters for plumbing facilities, washers, and water heaters in accessory structures. • Provides new definitions for habitable and non-habitable accessory structures and distinguishes them from accessory second dwelling units. • Consolidates and clarifies standards for attached and detached accessory structures. • Provides greater flexibility for the City to allow bingo games as an accessory use, and a more streamlined review process for bingo games as a stand-alone use. • Establishes a process for allowing churches in the Industrial zone based on a review of parking conditions rather than as a conditionally permitted use. • Codifies the City's practice of not including parking structures in the calculation of floor area ratio. APPLICATION(S) REQUESTED/REQUIRED FINDINGS The City is proposing an Ordinance Amendment to zoning provisions in Title 17 of the O.M.C. related to residential accessory structures and amenities, the review process for bingo games and churches in Industrial zones, and the exclusion of parking structures from the calculation of floor area ratio. Required Findings: Although there are no required findings for an Ordinance Amendment, since it is considered a legislative action, per O.M.C. Section 17.10.020, the Planning Commission shall address the following in its Resolution recommending approval of the Ordinance Amendment to the City Council: • Reasons for the recommendation. • The relationship of the proposed amendment to the General Plan. • Environmental determination. ANALYSIS/STATEMENT OF THE ISSUES Issue 1: Residential Accessory Structures The development standards in the Zoning Ordinance for accessory structures in Residential districts are presented in separate sections for attached and detached structures. Staff receives routine inquiries from the public about a wide variety of accessory structure scenarios including: • Installation of utility sinks, washers, dryers, and water heaters in garages. • Installation of wet bars and/or bathrooms in various types of detached accessory structures(e.g., recreation rooms, pool houses, exercise rooms, guest houses). Planning Commission Staff Report September 15, 2014 Page 4 Presently, the Code allows plumbing facilities in accessory structures in a limited capacity. Specifically, detached accessory structures with unfinished interiors may contain a utility sink, and detached accessory structures less than 150 sq. ft. may contain a half-bath (toilet and sink). Additional interior plumbing facilities for accessory structures not meeting either of these criteria are allowed only with approval of a conditional use permit. Therefore, when a property owner inquires about installing a combination of a utility sink along with a washing machine and/or water heater in a detached garage, staff explains the conditional use permit requirement, that often leads to an involved discussion and over-the-counter negotiations with property owners about ways to accommodate desired amenities. Existing Code requirements also lead to ambiguity regarding the treatment of detached habitable accessory structures such as pool houses, recreation rooms, exercise rooms, and guest houses. These structures generally exceed 150 sq. ft. in area. Property owners often want to incorporate bathrooms and wet bars into these types of structures. Here again, approval of a conditional use permit is required. While the limitations in the present Code language serve a purpose, and are designed to preserve onsite parking accessibility, and discourage illegal accessory structure conversions to living units, in some instances the amenities being requested are simply functional and justifiable given the circumstances, and the Code requirement for a conditional use permit places an unnecessary burden on the property owner, as the requested activity presents no potential adverse effects on its surrounding (e.g., utility sink and water heater together in an accessory structure, or a bathroom and wet bar in a pool house). Resolution In order to simplify the Code requirements for accessory structures, and streamline the approval process for accessory structures with certain types of amenities, Staff has proposed the following Code revisions: • Establish definitions for "habitable accessory structure" and "non-habitable accessory structure"to distinguish them from "accessory second housing unit." • Revise the definition of "kitchen" to distinguish a full kitchen intended for typical household use from incidental kitchen-like amenities commonly associated with an accessory structure intended for recreational uses (i.e., wet bar, microwave, mini- refrigerator). • Combine the development standards for attached and detached accessory structures. • Allow installation of a utility sink, washing machine, dryer, water heater, or similar plumbing facilities in a residential garage provided that the garage remains available for parking. Planning Commission Staff Report September 15, 2014 Page 5 • Allow habitable accessory structures up to 450 sq. ft. in size to include plumbing facilities. • Require approval of a conditional use permit for habitable accessory structures larger than 450 sq. ft. in aggregate area, either with or without plumbing facilities. Where such structures meet the criteria for an "accessory second housing unit" as defined in the Code, they would be permitted, and be subject to the provision of additional on-site parking. Revisions to Sections 17.04.020, 17.04.030, 17.14.050, and 17.14.160 addressing accessory structures and are presented in Attachment 1. Issue 2: Parkin� Structures and Floor Area Ratio The City's General Plan accommodates intensification of development in certain areas of the community through the various floor area ratios associated with various land use designations. Because of the largely built-out development conditions in Orange, future new development or site redevelopment will occur as in-fill development. As a practice, the City has not included parking structures in the calculation of floor area ratio (FAR) for new development, in order to encourage land to be put to higher and better use, and provide property owners and developers with greater flexibility. This exemption, however, is not clearly presented in the Code. Resolution Staff proposes a revision to the definition of FAR to indicate that parking structure floor area shall not be included in the calculation of FAR. The revision to Section 17.04.025 is presented in Attachment 1. Issue 3: Bingo Games The Code presently requires bingo games subject to approval of a conditional use permit. Often Bingo is proposed as an accessory activity to existing church, fraternal organization, or similar not-for-profit uses; however, in some instances, bingo is proposed as a stand-alone use. Conditional use permits for Bingo involve a recommendation from the Planning Commission, and ultimate approval by the City Council. City Council approval of a conditional use permit for bingo presents a lengthy and costly review process for applicants, and typically does not result in public input or the addition of conditions of approval beyond those recommended by the Planning Commission. Resolution: In order to streamline the review process for bingo games, Staff is proposing revisions to the Code that would allow Bingo as an accessory to certain uses to occur without a conditional use permit provided that the activity is conducted in accordance with Chapter 5.95 of the Orange Planning Commission Staff Report September 15, 2014 Page 6 Municipal Code (Business Taxes and Regulations, Bingo). The Code revisions would allow bingo as a stand-alone use through the approval of a conditional use permit by the Planning Commission. City Council approval would no longer be required. The proposed changes also address bingo uses in Industrial and Public Institution zones, as bingo is not presently included in the land use tables for these zones. The proposed changes to Sections 17.18.070, 17.18.030, 17.18.060, 17.18.070, 17.19.030, 17.20.030, 17.20.050, 17.20.060, 17.24.020, and 1724.040 are presented in Attachment 1. Issue 4: Churches in Industrial Zones The City presently requires approval of a conditional use permit for churches in Industrial zones. This requirement is based primarily on the need to confirm that parking demand associated with a church does not negatively impact industrial activity occurring on a shared site. The City requests information about hours of peak activity and parking demand for proposed churches and adjacent uses to confirm that peak demand for shared parking does not conflict. Based on this review, the City routinely grants approval of these types of conditional use permits. Resolution In order to streamline the review of churches in Industrial zones, staff is proposing revisions to the Code that allow churches as a permitted use. Where a church occupies a tenant space in a multi-tenant industrial center, approval of a parking management plan via the Minor Site Plan Review process would be required. This change provides relief from the costly and lengthy Planning Commission public hearing process associated with a conditional use permit. The proposed changes to Table 17.20.030 and Section 17.20.050 are presented in Attachment 1. ADVISORY BOARD RECOMMENDATION The proposed Ordinance was not reviewed by either the Staff Review Committee or the Design Review Committee due to the fact that the Code amendments do not involve a specific development project. ATTACHMENTS/EXHIBITS Attachments to Report: 1. Planning Commission Resolution No. PC 15-14(including Draft Ordinance) 2. Draft Ordinance with tracked changes N:\CDD�PLNG\Ordinance Amendments�Development_Streamlining�Batch_3�PC_StaffRpt_8_4_2014.doc ORDINANCE NO. 08-14 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ORANGE AMENDING TITLE 17 OF THE ORANGE MUNICIPAL CODE TO STREAMLINE THE REVIEW PROCESS AND CLARIFY CITY STANDARDS FOR CERTAIN TYPES OF RESIDENTIAL ACCESSORY STRUCTURES, BINGO GAMES, CHURCHES IN INDUSTRIAL ZONES, AND PARKING STRUCTURE FLOOR AREA RATIO WHEREAS, the City desires to put in place policies and procedures that avail the public of efficient and expeditious review of new residential accessory structures that provide conveniences and amenities for single-family residences, while ensuring preservation of the distinctive quality and character of Orange's diverse neighborhood environments; and WHEREAS, the City recognizes that Bingo games most commonly occur as an accessory activity to churches, fraternal organizations, and similar uses as a not-for-profit fundraising tool to support organization and community service efforts, and that the Planning Commission's public hearing process provides an adequate forum for vetting concerns and imposing conditions for Bingo games as stand-alone uses; and WHEREAS, the City desires to accommodate churches in Industrial zones without the need for a public hearing, provided that they do not negatively impact parking, and create negative conditions for conducting business consistent with the land use and economic development objectives of the City's industrial zones; and WHEREAS,the City recognizes that site redevelopment or intensification often involves the need for structured parking to satisfy project parking as required by the Zoning Ordinance, and desires to exempt the floor area of structured parking for purposes of calculating a project's floor area ratio in order to facilitate site redevelopment at levels of intensity allowed for in the General Plan. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ORANGE DOES HEREBY ORDAIN AS FOLLOWS: SECTION I: Section 17.04.020 is revised to amend the definition of Accessory Structure as follows: ACCESSORY STRUCTURE—A building attached to or detached from the principal building on the same lot and customarily incidental and subordinate to the principal building. In no circumstances shall an accessory building contain facilities for fully independent living. 1 SECTION II: Section 17.04.020 is revised to add definitions for Habitable Accessory Structure and Non- Habitable Accessory Structure as follows: ACCESSORY STRUCTURE, HABITABLE — an accessory structure constructed in accordance with the Uniform Building Code criteria for habitable space,which may include a bathroom or similar plumbing facilities, does not include a kitchen as defined by this Code, and is located on a parcel developed with an existing single-family dwelling. Habitable accessory structures shall be functionally related to the principal residence. A habitable accessory structure is not an "accessory second housing unit" and shall not have a separate utility meter or address. ACCESSORY STRUCTURE, NON-HABITABLE — an accessory structure that does not meet the Uniform Building Code criteria for habitable space. SECTION III: Section 17.04.025 is revised to amend the definition of Floor Area Ratio as follows: FLOOR AREA RATIO (F.A.R.) — The building square footage divided by lot area. Building square footage shall include all structures on a lot, including garages and accessory structures, unless otherwise provided in this Code. Parking structures shall not be included in the calculation of F.A.R. SECTION IV: Section 17.04.030 is revised to amend the definition of Kitchen as follows: KITCHEN — A room or portion thereof containing facilities designed or used for the cooking andlor preparation of food; including a sink and the presence of a range or oven, or utility connections suitable far servicing a range or oven. SECTION V: Section 17.04.035 is revised to add a definition for Parking Structure as follows: 2 PARKING STRUCTURE — An attached or detached structure or portion thereof composed of more than one level or floor used exclusively for the parking or storage of motor vehicles. A parking structure may be totally below grade (as in an underground parking garage) or either partially or totally above grade with those levels being either open or enclosed. SECTION VI: Section 17.10.030.D is revised to delete Subsection 3, and renumber Subsections 4 through 7 as 3 through 6, accordingly. SECTION VII: Section 17.10.060.D is revised to add a new subsection k. to read as follows: k. Parking management plans for churches or religious assembly uses in industrial zones pursuant to Section 17.20.060.E. SECTION VIII: Section 17.14.OSO.A.1 is revised to read as follows: 1. Accessory second housing units shall be permitted only on lots which contain one existing permanent single-family dwelling unit, but in no case shall be pertnitted where there is an existing accessory second unit. Lots that are not developed with a permanent single-family dwelling unit but are occupied solely by a tent, trailer and/or other temporary structure shall not be considered for development of an accessory second unit housing. SECTION IX: Section 17.14.160 and Section 17.14.170 are combined as a revised Section 17.14.160 to read as follows: 17.14.160 Accessory Structures or Garages. A. Purpose and Intent. The purpose of these standards is to accommodate residential accessory structures that provide conveniences and amenities for single-family residences, while ensuring preservation of neighborhood quality and character. B. Principal Structure Required. Accessory structures or garages shall only be permitted on a lot developed with an existing legal single-family, duplex, or multiple-family dwelling units under the same ownership. For purposes of this section the term accessory structure shall mean either habitable or non-habitable accessory structures. 3 C. Attached Accessory Structures or Garages. Where a garage or accessory structure is attached to and made a part of the principal structure, at least fifty (50) percent of the length of one of the walls of the accessory structure or garage shall be an integral part of the principal structure, and the garage or accessory structure shall comply in all respects with the requirements of this title applicable to a principal structure. D. Detached Accessory Structures or Garages. Where a garage, ar accessory structure is detached from the principal structure, the setback and height requirements outlined in Table 17.14.160 shall apply. E. Square Footage Limitation. The total aggregate square footage of all attached or detached accessory structures on a lot shall not exceed fifty (50) percent of the square footage of the principal structure. 1. Habitable Accessory structures greater than four hundred fifty (450) gross aggregate square feet are allowed subject to the approval of a conditional use permit,regardless of the presence of plumbing facilities. F. Interior Plumbing. Interior plumbing facilities are permitted in accessory structures as follows: 1. Any non-habitable accessory structure, such as a workshop or garage, may contain a utility sink, washer and dryer, and/or water heater or other accessory plumbing facilities deemed similar by the Community Development Director. In the case of residential garages, such facilities are allowed provided that the garage remains available for parking in accordance with Section 17.34.050. 2. Habitable accessory structures may contain plumbing facilities provided that they are limited in size to not more than four hundred fifty (450) gross square feet. F. Garage Doors. Residential garages shall be designed and constructed to accommodate motor vehicles typically associated with household use. Residential garage doors exceeding eight feet in height that are visible from the street may be permitted only upon approval of a minor site plan review in accordance with Section 17.10.060 of this title (Ords. 6-00; Ord. 12-95). SECTION X: Table 17.18.030 is revised as follows: 4 (Table Excerpt) USE OP CP/Cl CTR C2 C3 CR Miscellaneous Uses Adult Ente rise - - - - P - Ambulance Service - C C C C - Antennas, Satellite Dishes - A* A* A* A* A* Antennas,Wireless Communication A*/C+ A*/C+ A*/C+ A*/C+ A*/C+ A*/C+ Bin o Games A*/C+ A*/C+ A*/C+ A*/C+ A*/C+ A*/C+ Businesses rovidin drive-throu windows - C+ C+ C+ C+ P* Cemete (not includin crematorium) - C C C C - SECTION XI: Section 17.18.060 is revised to add a new subsection H as follows, with existing subsections H through R re-labeled as I through S, accordingly: H. Bingo Games 1. Bingo games may be conducted as an accessory use on the same site or property as a recreation or assembly hall, clubroom, or church in a space designed for group activities. 2. All bingo games shall comply with the provisions of Chapter 5.95 of the Orange Municipal Code. SECTION XII: Section 17.18.070 is revised as follows: J. Bingo Games 1. Bingo games as a stand-alone use shall only be conducted within a recreation or assembly hall, clubroom, or similar facility designed for group activities. 2. All bingo games shall comply with the provisions of Chapter 5.95 of the Orange Municipal Code. SECTION XIII: Table 17.19.030 is revised to read as follows: 5 (Table Excerpt) MIXED USE DISTRICTS OTMU-15S OTMU-15 OTMU-24 NMU-24 UMU Additional USE Re uirements Miscellaneous Uses Antennas,Satellite Dishes A A A A A 17.12.020 Antennas,Wireless Communication A/C A/C A/C A/C A/C 17.12.025 Assembly uses (clubs, lodges, and C C C C C similar uses) Bingo Games A*/C A*/C A*/C A*/C A*/C 17.18.060 17.18.070 Businesses providing drive-through _ _ C C 17.19.070 windows Church C C C C C SECTION XIV: Table 17.20.030 is revised to read as follows: (Table Excerpt) USE M1 M2 Miscellaneous Uses Bin o Games A*/C+ - Caretaker's residence includin mobile home P* P* Cemete ;crematorium C C Church or reli ious assembl P* P* Conversion of a residential structure to a non residential use P* P* Creation of a lot without fronta e on a ublic street P* P* SECTION XV: Section 17.20.050 is revised to add a new Subsections C as follows, with existing subsection C re-labeled D, and existing subsection E through L, re-labeled as F through M, accordingly: C. Bingo Games. 1. Bingo games may be conducted as an accessory use on the same site or property as a church. 2. All bingo games shall comply with the provisions of Chapter 5.95 of the Orange Municipal Code. SECTION XVI: Section 17.20.050 is revised to add a new Subsection D as follows, with existing subsection D through L, re-labeled as E through M, accordingly: 6 D. Church or Religious Assembly. Churches or religious assembly uses that occupy tenant space in an industrial property with more than one tenant and shared on-site parking are permitted in the industrial zones subject to the approval of a parking management plan in accordance with Section 17.10.060.D. The parking management plan shall provide information about parking requirements and availability, and hours of operation for the church or religious assembly use as well as other individual uses sharing on-site parking. The parking management plan shall demonstrate that the church or religious assembly use can be accommodated on the site without impacting the availability of required parking for other on-site uses. Shared on-site parking requires parking management plan review and Minor Site Plan Review in accordance with Section 17.10.060. For shared off-site parking, a conditional use permit is required in accordance with Section 17.34.100. SECTION XVII: Section 17.20.060 is revised to add new Subsections C and E as follows,with existing subsection C re-labeled D, and existing subsection E through M, re-labeled as F through O, accordingly: C. Bingo Games. 1. Bingo games as a stand-alone use shall comply with the provisions of Chapter 5.95 of the Orange Municipal Code. SECTION XVIII: Table 17.24.020 is revised to read as follows: (Table Excerpt) USE PI Antennas, Satellite Dish A* Antennas,Wireless Communication A*/C+ Bin o Games A* Cemeteries,crematoriums,and mausoleums P Churches(includin church schools) P SECTION XIX• Section 17.24.040 is revised to add a new Subsections C as follows, with existing subsections C through I re-labeled as D through J, accordingly: C. Bingo Games. 1. Bingo games may be conducted as an accessory use on the same site or property as a church. 7 2. All bingo games shall comply with the provisions of Chapter 5.95 of the Orange Municipal Code. N:\CDD�PLNG\Ordinance Amendments�Dev_Strm_AccStrct_Bingo_PkgSVFAR_ChurcheslndZones(Ord_08-14)\CC\CC_Ord DRAFT_Clean_ll_l2_2014.docx 8 ORDINANCE NO. 08-14 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ORANGE AMENDING TITLE 17 OF THE ORANGE MUNICIPAL CODE TO STREAMLINE THE REVIEW PROCESS AND CLARIFY CITY STANDARDS FOR CERTAIN TYPES OF RESIDENTIAL ACCESSORY STRUCTURES, BINGO GAMES, CHURCHES IN INDUSTRIAL ZONES, AND PARKING STRUCTURE FLOOR AREA RATIO WHEREAS, the City desires to put in place policies and procedures that avail the public of efficient and expeditious review of new residential accessory structures that provide conveniences and amenities for single-family residences, while ensuring preservation of the distinctive quality and character of Orange's diverse neighbarhood environments; and WHEREAS, the City recognizes that Bingo games most commonly occur as an accessory activity to churches, fraternal organizations, and similar uses as a not-for-profit fundraising tool to support organization and community service efforts, and that the Planning Commission's public hearing process provides an adequate forum for vetting concerns and imposing conditions for Bingo games as stand-alone uses; and WHEREAS, the City desires to accommodate churches in Industrial zones without the need for a public hearing, provided that they do not negatively impact parking, and create negative conditions for conducting business consistent with the land use and economic development objectives of the City's industrial zones; and WHEREAS,the City recognizes that site redevelopment or intensification often involves the need for structured parking to satisfy project parking as required by the Zoning Ordinance, and desires to exempt the floor area of structured parking for purposes of calculating a project's floor area ratio in order to facilitate site redevelopment at levels of intensity allowed for in the General Plan. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ORANGE DOES HEREBY ORDAIN AS FOLLOWS: SECTION I• Section 17.04.020 is revised to amend the definition of Accessory Structure as follows: ACCESSORY STRUCTURE—A building attached to or detached from the principal building on the same lot and customarily incidental and subordinate to the principal building. +.., ,.�„ ,.� .,.,, „�o �i, ,,,�,;,, �,.;t't'o „io ;+� � ILJ ii i +t, o t,,,,,a,.oa ��+., ii cm ,� o �o� � 1 l,' 1, '+ „+.,;,, „ o +L,.,., „ o l,�if 1-,�fl, L.,.,v�,,;lo* �„�' �„� ���'�`. In no circumstances shall an accessory building contain facilities for fully independent living. SECTION II: Section 17.04.020 is revised to add definitions for Habitable Accessory Structure and Non- Habitable Accessory Structure as follows: ACCESSORY STRUCTURE, HABITABLE — an accessory structure constructed in accordance with the Uniform Buildin� Code criteria for habitable space, which may include a bathroom or similar nlumbing facilities, does not include a kitchen as derned bv this Code, and is located on a parcel develoned with an existinQ sinFle-familv dwellin� Habitable accessory structures shall be functionallv related to the princinal residence. A habitable accessory structure is not an "accessory second housin� unit" and shall not have a separate utilitv meter or address. ACCESSORY STR UCTURE,NON-HABITABLE—an accessory structure that does not meet the Uniform Building Code criteria for habitable space. SECTION III: Section 17.04.025 is revised to amend the definition of Floor Area Ratio as follows: FLOOR AREA RATIO (F.A.R.) — The building square footage divided by lot area. Building square footage shall include all structures on a lot, including garages and accessory structures, unless otherwise provided in this Code. Parkin�structures shall not be included in the calculation of F.A.R. SECTION IV: Section 17.04.030 is revised to amend the definition of Kitchen as follows: KITCHEN — A room or portion thereof containing facilities designed or used for the cookin� and/or preparation of food; including a sink and the presence of a ran�e or oven, or utilitv connections suitable for servicin� a ranQe or oven �g 2 €ac�l�ties�}e�i-as��� o 0 0 .,a�,,,. �.,.+ , � "� " �te• SECTION V: Section 17.04.035 is revised to add a definition for Parking Structure as follows: PARKING STRUCTURE—An attached or detached structure or portion thereof comnosed of more than one level or floor used exclusivelv for the narkin� or stora�e of motor vehicles. A parkin� structure mav be totallv below grade (as in an underground narking garaQe) or either nartially or totally above ,�rade with those levels bein�either open or enclosed. SECTION VI: Section 17.10.030.D is revised to delete Subsection 3, and renumber Subsections 4 through 7 as 3 through 6, accordingly. ��nge-�a����e-�eE�ie„ ,����-,-'�� SECTION VII: Section 17.10.060.D is revised to add a new subsection k. to read as follows: k. Parkin,� management plans for churches or reliQious assemblv uses in industrial zones nursuant to Section 17.20.060.E. SECTION VIII: Section 17.14.OSO.A.1 is revised to read as follows: 1. Accessory second housing units shall be permitted only on lots which contain one existing permanent single-family dwelling unit, but in no case shall be permitted where there is an existing � ����, ar�^^��'��������� „�*, ���a'� � ���r� � m;'�r €ac-�-1-i�}� accessory second unit. Lots E�g that are not develoned with a permanent sin�le-familv dwellinQ unit but are occunied solelv bv a tent, trailer and/or other temporary structure shall not be considered for development of an accessory second unit housing. 3 SECTION IX: Section 17.14.160 and Section 17.14.170 are combined as a revised Section 17.14.160 to read as follows: 17.14.160 "*��Accessory Structures or Garages. A. Purpose and Intent. The purpose of these standards is to accommodate residential accessory structures that provide conveniences and amenities for sinQle-familv residences, while ensurin� preservation of nei�hborhood qualitv and character. B. Princinal Structure Repuired. Accessory structures or Qarages shall onlv be nermitted on a lot develoued with an existin�leQal sinQle-familv, dunlex, or multiple-familv dwelling units under the same ownershin. For purposes of this section the term accessory structure shall mean either habitable or non- habitable accessory structures. C. Attached Accessory Structures or Gara�es. Where a garage or accessory structure is attached to and made a part of the principal structure, at least fifty (50) percent of the length of one of the walls of the accessory structure or garage shall be an integral part of the principal structure, and the garage or accessory structure shall comply in all respects with the requirements of this title applicable to a principal structure. n :ao�+:,,i �t,.,i, �.v ao�;,.,,oa „a .,�.,.,,,.+oa *„ „a��a �ter��e-�c,�,*�_,."'�.roe��e�;�e�el3e��o vo�;ao��;,,� ,� v a,,,,,.� va; ,.i,r �o+ L,o ,tl.t l,o ;*+oa „1. ���1 ,.F ., .nte-�'�-�2�+�2�-i�1-�66e�`t1�C��t��eEt�6„ ��.�n n�n „�+t,;��o �n,.a� � nn� �'�• �a--�-��7 ��.�,t.��n n,.+.,,.►,,,a �,.,.�n�,...., c+..,,,.+,,,.�� ,,,. r.,,..,.�or_ -^.��iEt}�Qt�6t�'c-��e���a n,.,.o��,,..., ��..,,,.�,,,-o� �l,�ll „t.r t,o ...,,;++o,a . .;*l, �;L.lo .. ..�1 �rr,,..+„ro �,,, rl,o � .,rl;�..o„+ 1.,+ � � � VIll 1VL 1llY0r�No c� »[�N1f1 ED. Detached Accessory Structures or Gara�es. Where a Qara�e, or accessory structure is detached from the principal structure, �--��t�e�cTthe setback and height requirements outlined in Table 17.14.'��160 shall apply. r u��� uo ,.�.+ ,.o 0 0„+� � .,.,.,., ��:����..,� ��:�ii �.� �!:� „�...� ��' � � .,i �+... „�„ r+ „ ,;aoa ,,, rr�t,ta t� in i�nir�� o�� a . . �E. Square Footage Limitation. The total a��re�ate square footage of all attached or detached accessory structures on a lot shall not exceed fifty (50) percent of the square footage of the principal structure. 4 1. Habitable Accessory structures greater than four hundred�ftv (450) ,�ross aggre�ate square feet are allowed subiect to the avnroval of a conditional use permit, re�ardless of the nresence of nlumbinQ facilities. �F. Interior Plumbing. Interior plumbing facilities are permitted in accessory structures as ollows: � n„ ��m ,.+„ lo �t,., ,,,,v t„ �a«oa ��+. �t cm . TJVJ .�1VJJ J�UU1V Yao+ 1 1'��n�l'� n Nn�Y �!l*� �Al'���l1l�Ot_IlM/Y /� 1'��J` �1. Any non-habitable accessory structure � ��+'� „�„��'���' ~*�~;�~ _ � such as a workshop or garage, may contain a utility sink, washer and drver, and/or water heater or other accessory plumbinQ facilities deemed similar by the Communitv Development Director. In the case of residential�ara�es, such /'acilities are allowed provided that the�arage remains available for parking in accordance with Section 17.34.050. �2. naa•�' l +o �i, ,,,�,;,, � ;t;+;v �.o ;++oa �ni.. �.f.�c�e�,�Ee�t�e�-t�se-�c.�� '}r*�Habitable accessory structures mav contain nlumbin� facilities nrovided that thev are limited in size to not more than four hundred fiftv (450)gross square feet. F. Garage Doors. Residential garages shall be designed and constructed to accommodate motor vehicles typically associated with household use. Residential garage doors exceeding eight feet in height that are visible from the street may be permitted only upon approval of a minor site plan review in accordance with Section 17.10.060 of this title (Ords. 6-00; Ord. 12-95). SECTION X: Table 17.18.030 is revised as follows: (Table Excerpt) USE OP CP/Cl CTR C2 C3 CR Miscellaneous Uses Adult Ente rise - - - - P - Ambulance Service - C C C C - Antennas,Satellite Dishes - A* A* A* A* A* Antennas,Wireless Communication A*/C+ A*/C+ A*/C+ A*/C+ A*/C+ A*/C+ Bin o Games A*/C+ A*/C+ A*/C+ A*/C+ A*/C+ A*/C+ Businesses rovidin drive-throu windows C+ C+ C+ C+ P* Cemete (not includin crematorium) - C C C C - SECTION XI: Section 17.18.060 is revised to add a new subsection H as follows, with existing subsections H through R re-labeled as I through S, accordingly: 5 H. BinQo Games 1. Bingo,�ames mav be conducted as an accessory use on the same site or vronertv as a recreation or assemblv hall, clubroom, or church in a space desiQned for�roup activities. 2. All bin�o �ames shall complv with the provisions of Chapter 5.95 of the OranQe Municinal Code. SECTION XII: Section 17.18.070 is revised as follows: J. Bingo Games 1. Bingo games as a stand-alone use shall only be conducted within a recreation or assembly hall, clubroom,�;or similar facility designed for group activities. 2. All bingo games shall comply with the provisions of Chapter 5.95 of the Orange Municipal Code. , . SECTION XIII: Table 17.19.030 is revised to read as follows: (Table Exce t) MIXED USE DISTRICTS OTMU-15S OTMU-15 OTMU-24 NMU-24 UMU Additional USE Re uirements Miscellaneous Uses Antennas, Satellite Dishes A A A A A 17.12.020 Antennas,Wireless Communication A/C A/C A/C A/C A/C 17.12.025 Assembly uses (clubs, lodges, and C C C C C similar uses) Bingo Games A*/C A*/C A*/C A*/C A*/C 17.18.060 17.18.070 Businesses providing drive-through _ _ _ C C 17.19.070 windows Church C C C C C 6 SECTION XIV: Table 17.20.030 is revised to read as follows: (Table Excerpt) USE M1 M2 Miscellaneous Uses Bin o Games A*/C+ Caretaker's residence includin mobile home P* P* Cemete ;crematorium C C Church or reli ious assembl E P* �P* Conversion of a residential structure to a non residential use P* P* Creation of a lot without fronta e on a ublic street P* P* SECTION XV: Section 17.20.050 is revised to add a new Subsections C as follows, with existing subsection C re-labeled D, and existing subsection E through L, re-labeled as F through M, accordingly: C. Bin�o Games. 1. Bin�o pames mav be conducted as an accessory use on the same site or pronertv as a ch urch. 2. All bin�o ,�ames shall complv with the provisions of Chapter 5.95 of the OranQe Municipal Code. SECTION XVI: Section 17.20.050 is revised to add a new Subsection D as follows, with existing subsection D through L, re-labeled as E through M, accordingly: D. Church or Religious Assemblv. Churches or reli�ious assemblv uses that occupv tenant svace in an industrial propertv with more than one tenant and shared on-site narkinQ are nermitted in the industrial zones subiect to the approval of a parking manaQement plan in accordance with Section 17.10.060.D. The parkin� manaQement plan shall provide information about parkin�requirements and availabilitv, and hours of operation for the church or religious assemblv use as well as other individual uses sharin,� on-site parkin�. The narkin� mana�ement plan shall demonstrate that the church or reli�ious assembly use can be accommodated on the site without impactin� the availabilitv of required parkinQ for other on-site uses. Shared on-site narkin� repuires parkinP manaQement plan review and Minor Site Plan Review in accordance with Section 17.10.060. For shared off site parking, a conditional use permit is repuired in accordance with Section 17.34.100. 7 SECTION XVII: Section 17.20.060 is revised to add new Subsections C and E as follows, with existing subsection C re-labeled D, and existing subsection E through M, re-labeled as F through O, accordingly: C. BinQo Games. 1. Bin�o Qames as a stand-alone use shall comulv with the provisions of Chapter 5.95 of'the Oran,�e lt�unicipal Code. SECTION XVIII: Table 17.24.020 is revised to read as follows: (Table Exce t) USE PI Antennas, Satellite Dish A* Antennas,Wireless Communication A*/C+ Bin o Games A* Cemeteries,crematoriums,and mausoleums P Churches(includin church schools) P SECTION XIX: Section 17.24.040 is revised to add a new Subsections C as follows, with existing subsections C through I re-labeled as D through J, accordingly: C. Bin�o Games. 1. BinQo �ames mav be conducted as an accessory use on the same site or propertv as a ch urch. 2. All bin�o,�ames shall complv with the provisions of Chapter 5.95 of the OranQe Municipal Code. N:\CDD�PLNG\Ordinance Amendments�Dev_Strtn_AccSVct_Bingo_PkgStrFAR_ChurcheslndZones(Ord_08-14)\CC\CC_Ord_DRAFT_Tracked_ll_12_2014.doc�c 8 AFFIDAVIT OF PUBLICATION PROOF OF PUBLICATION STATE OF CALIFORNIA, ) ) ss. County of Orange ) I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the above entitled matter.I am the principal clerk ono�wurce No.os.0 � Proof o1 AN ORDINANCE OF iHE CITY COUNCIL OF THE of the Orange City News, a newspaper that has nNQE M Nl�C PAL CODE�TO S REAMLINE THE RE- � VIEW PROCESS iAND CLARIFY CITY STANDARDS I FOR CERTAIN TYPES OF RESIDENTWL ACCESSORY r been adjudged to be a newspaper of general STRUCTURES, BINGO GAMES, CHURCHES IN IN- DUSTRIAL 20NES, AND PARKING STRUCTURE FLOORy4REA RAT10: circulation by the Superior Court of the County SYNOPSIS: Streamling Ordinance: of Orange, State of California, on August 17, This Ordinance was adopted at the March 10, 2015 City Council Meetina. The full text ot the Ordinence has been osted in the C�y Clerk's Off'�ce as of MarCh 11,2015. 1970, Case No. A-66522 in and for the City of �no�e:���a��44-5600 ROBERT ZORNADO CHIEF CLERK OF THE CITY OF ORANGE Published:The Oranpe C'rtv News March 18 20151002747� Orange, County of Orange, State of Califomia; that the notice, of which the annexed is a true printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to wit: March 18,2015 "I certify (or declare) under the penalty of perjury under the laws of the State of California that the foregoing is true and correct": Executed at Santa Ana, Orange County, California,on Date March 18,2015 Signature Orange City News 625 N.Grand Ave. Santa Ana,CA 92701 (714)796-2209 CITY COUNCIL MINUTES FEBRUARY 10, 2015 � ll. PLANNING AND ENVIRONMENT (Continued) ' 11.2 Appeal of the City Traffic Commission's action approving the installation of "2- Hour" time limit parking on both sides of Waverly St. from Chapman Ave. to the Southerly property lines of the commercial properties addressed to 942 and 1006 E. Chapman Ave. (A4000.0) ' PUBLIC SPEAKERS Bertie Chawla— Spoke against the two hour parking limit. Pamela Kaa— Asked Council to retain the two hour parking limits. � Kent Robertson - Spoke against the two hour parking limit. Dr. Montelongo - Asked Council to retain the two hour parking limits. MOTION - Murphy SECOND - Whitaker AYES -Alvarez, Whitaker, Smith, Murphy,Nichols Moved to deny the appeal and direct staff to install the "2-Hour"time limit parking. 12. PUBLIC HEARINGS 12.1 STREAMLINING ORDINANCE (A2500.0) Time set for a continued public hearing to consider streamlining of City review and clarify standards for certain types of residential accessory structures, bingo games, churches in industrial zones, and parking structure floor area ratio. (Continued from January 13, 2015.) ORDINANCE 08-14 (FIRST READING) An Ordinance of the City Council of the City of Orange Amending Title 17 of the Orange Municipal Code to Streamline the Review Process and Clarify City Standards for Certain Types of Residential Accessory Structures, Bingo Games, Churches in Industrial Zones, and Parking Structure Floor Area Ratio. MOTION - Smith SECOND - Whitaker AYES -Alvarez, Whitaker, Smith, Murphy,Nichols Moved that Ordinance No. 08-14 be read by title only and same was set for second reading by the preceding vote and find the Ordinance categorically exempt from the provisions of the California Environmental Quality Act (CEQA) per State CEQA Guidelines Section 15305. PAGE 14