HomeMy WebLinkAboutORD 08-14 Amending Title 17 Residential Accessory StructuresORDINANCE 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.
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.
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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 17.10.030.1) 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.I 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 17.14.050.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:
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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 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.
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Table 17.14.160
A C_FgROR RTRiJCTURES
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:
k. uv t...
USE
Lot Size Lot Size
CTR
20,000 s . ft.20,000 s . ft.
Non - habitable of any size with
Miscellaneous Uses
washing machine, water heater,
utility sink, or other facilities P
deemed similar by the Community P
Development Director
Habitable, less than 450 sq. ft.
C
with plumbing facilities CUP P
Habitable, more than 450 gross
Antennas, Satellite Dishes
Antennas, Wireless Communication
Bingo Games
A * /C+
A */ C+
aggregate square feet with or CUP CUP
without plumbing facilities
A*
A * /C+
A */ C+
Businesses rovidin drive-through window s
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:
k. uv t...
USE OP CP /Ct CTR C2 C3 CR
Miscellaneous Uses
Adult Enterprise
Ambulance Service C C C C
Antennas, Satellite Dishes
Antennas, Wireless Communication
Bingo Games
A * /C+
A */ C+
A*
A * /C+
A */ C+
A*
A * /C+
A */ C+
A*
A * /C+
A */ C+
A*
A * /C+
A */ C+
A*
A * /C+
A */ C+
Businesses rovidin drive-through window s C+C+C+C+P*
Cemetery (not including crematorium)C C C C
E
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 Excernt)
ee
MIXED USE DISTRICTS
USE
6TMU -15S 0"1 - MU -15 OTMU -24 NMU -24 UMU Additional
Requirements
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 uses)C C C C C
Bingo Games A */ C A */ C A */ C A */ C A */ C 17.18.060
17.18.070
Businesses providing drive - through
windows C C 17.1
Church C C C C C
ee
SECTION XV:
Table 17.20.030 is revised to read as follows:
USE M1 M2
Miscellaneous Uses
Bingo Games A * /C +
Caretaker's residence including mobile home P*P*
Cemetery; crematorium C C
Church or religious assembly P P
Conversion of a residential structure to a non residential use P*P*
Creation of a lot without frontage on a public street P*P*
SECTION XVL•
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 XVIL•
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.
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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 Excernt)
USE PI
Antennas, Satellite Dish A*
Antennas, Wireless Communication A * /C+
Bingo Games A*
Cemeteries, crematoriums, and mausoleums P
Churches (including 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.
ADOPTED this lo day of March, 2015.
c.a - ate
Teres E. Smith, Mayor, City of Orange
ATTEST:
Mary E. Mur ty Clerk, City o nge
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 IO day of February 2015 and thereafter at the regular meeting of said
City Council duly held on the IO day of March 2015, was duly passed and adopted by the
following vote, to wit:
AYES: COUNCILMEMBERS: Alvarez, Whitaker, Smith, Murphy, Nichols
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
ABSTAIN: COUNCILMEMBERS: None
Mary E Clerk, of Orange
E