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Home My WebLink AboutSR - ORD-04-15 -H of ORa, �o.. LUNY C� AGENDA ITEM November 10, 2015 TO: Honorable Mayor and Members of the City Council THRU: Rick Otto City Manager J4 FROM: William Crouch Community Development Director Reviewed/Verified B City Manager Finance Director To Be Presented By: Anna Pehoushek Cons Calendar City Mgr Rpts Council Reports _ Legal Affairs Boards /Crates X Public Hrgs 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 clarify City standards for residential accessory structure setbacks. 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. On February 10, 2015 the City Council approved Ordinance 08 -14, which included modified standards for accessory structures in Residential zoning districts, among a number of Code streamlining actions. The residential accessory structure setback table was removed from the Code in error. The proposed Ordinance returns the table to the Code. 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) Approve the First Reading of Ordinance No. 04 -15 amending Title 17 of the Orange Municipal Code to clarify City standards for residential accessory structure setbacks. 4. FISCAL IMPACT None. ITEM AX.o 1 11/10/15 5. STRATEGIC PLAN GOAL(S) 1 d. Assure the development of the City occurs in a fashion that maximizes public safety. 3a. Support and enhance attractive, diverse living environments. 6. GENERAL PLAN IMPLEMENTATION Land Use Element Goal 6.0: Advance development activity that is mutually beneficial to both the environment and the community. 7. DISCUSSION and BACKGROUND On February 10, 2015 the City Council approved the Second Reading of Ordinance 08 -14, which included modified standards for accessory structures in Residential zoning districts, among a number of Code streamlining actions. The manner in which the Code revisions were presented and ultimately interpreted in the formal incorporation of the revisions into the Orange Municipal Code caused a key table that identifies setback requirements for accessory structures to be removed from the Code. This table is routinely reference by Planning staff when assisting property owners who wish to construction new, or make modifications to existing accessory structures on residential properties. The proposed Ordinance returns the following table to the Code: Table 17.14.160.A SETBACK REQUIREMENTS Detached Accessory Structures and Garages (a) ITEM 2 11/10/15 Minimum street Side Minimum Yard Setback Distance from Minimum Minimum of Corner or Minimum Rear Principal Front Yard Interior Side Reverse Yard Setback Structure Setback Yard Setback Corner Lot (in (in feet) Zone in feet in feet in feet feet RI -6 through 6 20 0 ( c,d,e,f) 10 0 (b, c,d,e,f) RI -R R2 through R2- 6 20 0 (c,d,e,f) 10 0 (b, c,d,e,f) 8 R -3 and R -4 6 20 0 (c,d,e,f) 10 0 (b, c,d,e,f) ITEM 2 11/10/15 NOTES: (a) In all cases, detached garages and carports which open onto an abutting street shall be set back a minimum of twenty (20) feet from the property line. (b) The accessory structure may abut the rear lot line only if it is not intended for habitation (interior is unfinished, such as a garage, workshop, storage shed, etc.) and the accessory structure and permitted extensions of the primary structure do not cover more than forty (40) percent of the required rear yard area. Also, a minimum five -foot rear yard setback is required for a corner or reverse corner lot. (c) No eave, projection or overhang shall extend over a property line. (d) Precautionary measures shall be taken to ensure runoff is deflected away from side and rear property lines. (e) Building height shall not exceed ten feet for that portion of the accessory structure that occurs within the side or rear setback areas, as defined for principal structures. (f) Any accessory structure intended for habitation (having a finished interior, insulated ceiling and/or walls, and which can be temperature controlled, such as a guest room, recreation room, office, etc.) shall conform to the setback requirements for a principal building. Planning Commission Review The City Planning Commission considered the Ordinance at a public hearing on September 9, 2015. The Planning Commission recommended approval to the City Council by a vote of 4 -0 in favor. There were no comments from members of the public on the item. Public Notice A City Council public hearing notice was published in the Orange City News on October 28, 2015. Due to the citywide applicability of the Ordinance, there was no direct mailing of the notice to individual property owners. Hearing notices were also posted at City Hall, City Library, and City Fire Department posting locations. 8. ATTACHMENTS 1. Ordinance No. 04 -15 (clean copy) 2. Ordinance No. 04 -15 (tracked changes copy) 3. Planning Commission Resolution No. 27 -15 4. Planning Commission Minutes, September 9, 2015 5. Planning Commission Staff Report, September 9, 2015 N: \CDDTLNG \Ordinance Amendments\ Dev_ Strm _AccStr_Table_Cleanup \CC_Rpt_I 1_10_15.docx ITEM 3 11/10/15 ORDINANCE NO. 04-15 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ORANGE AMENDING TITLE 17 OF THE ORANGE MUNICIPAL CODE TO CLARIFY CITY STANDARDS FOR RESIDENTIAL ACCESSORY STRUCTURE SETBACKS WHEREAS, the City desires to put in place policies and procedures that avail the public of efficient and expeditious review of 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 adopted Ordinance No. 08 -14 on February 10, 2015 establishing modified development standards and Code provisions for accessory structures to accommodate a greater variety of conveniences and amenities in residential accessory structures; and WHEREAS, Table 17.14.160 of the Code in place prior to Ordinance adoption, which identified required accessory structure property line setbacks was erroneously removed from the Code and needs to be re- established in Section 17.14.160; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ORANGE DOES HEREBY ORDAIN AS FOLLOWS: SECTION I: Section 17.14.160 is revised to amend subsection D and insert Table 17.14.160.A as follows: D. Detached Accessory Structure of Garages. Where a garage, or accessory structure is detached from the principal structure, the setback and height requirements outlined in Table 17.14.160.A shall apply. ATTACHMENT NO. 1 ORDINANCE NO. 04-15 (CLEAN) RESIDENTIAL ACCESSORY STRUCTURE SETBACKS NOVEMBER 10, 2015 CC MTG.