HomeMy WebLinkAboutSR - ORD-08-14 - SECOND READING ORDINANCE NO. O8-14
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.
���� ` • � OAl'�L��M�ETlNG: � "�"�""'
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 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.
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 17.10.030.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:
l. 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.l.d.
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 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 Director
Habitable, less than 450 sq. ft.
with plumbing facilities CUP P
Habitable, more than 450 goss
aggregate square feet with or
without plumbing facilities CUP CUP
P=Permitted
CUP=Conditional Use Permit(Zoning Administrator)
G. 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 h 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
l. 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 17.12.020
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 XV:
Table 17.20.030 is revised to read as follows:
(Table Excerpt)
USE M1 M2
Miscellaneous Uses
Bin o Garnes 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 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. Bingo Games.
l. 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 Excerpt)
USE pj
Antennas, Satellite Dish A*
Antennas,Wireless Communication A*/C+
Bin o Games p*
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.
Vote at First Reading: AYES —Alvarez, Whitaker, Smith, Murphy,Nichols.
ADOPTED this day of , 2015.
Teresa E. Smith, Mayor, City of Orange
8
ATTEST:
Mary E. Murphy, City Clerk, City of Orange
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF ORANGE )
I, MARY E. MURPHY, City Clerk of the City of Orange, California, do hereby certify
that the foregoing Ordinance was introduced at the regular meeting of the City Council held on
the l Oth day of February 2015 and thereafter at the regular meeting of said City Council duly held
on the day of 2015, was duly passed and adopted by the following vote,
to wit:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
Mary E. Murphy, City Clerk, City of Orange
9
CITY COUNCIL MINUTES MARCH 10, 2015
8. REPORTS FROM CITY MANAGER
City Manager John Sibley reported that this was his last meeting and expressed his
appreciation to all the staff.
9. LEGAL AFFAIRS
9.1 ORDINANCE 08-14 (SECOND READING) (A2500.0)
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 —Whitaker
SECOND —Alvarez
AYES —Alvarez, Whitaker, Smith, Murphy,Nichols
Moved that Ordinance No. 08-14 be read by title only and same was approved and
adopted by the preceding vote.
10. ITEMS RELATING TO THE SUCCESSOR AGENCY OF THE ORANGE
REDEVELOPMENT AGENCY: None
11. PUBLIC HEARINGS
11.1 SALEM LUTHERAN CHURCH AND SCHOOL (C2300.E)
Time set for a public hearing to consider General Plan Amendment No. 2014-02, Zone
Change No. 1259-11, Specific Plan No. SPLAN-0002, Design Review Committee No.
4538-11, & Environmental Review No. 1827-11 — Salem Lutheran Church and School,
located at 6500 East Santiago Canyon Road.
THE MAYOR OPENED THE PUBLIC HEARING
Public Speakers
The following all spoke in favor of the project:
Frank Elfend, on behalf of the applicant
Skip Raymond Craig Olson
Kim Violette Julie Beckman
Donald Bradley Eric Lamhofer
Theresa Sears Tom Davidson
PAGE 12