HomeMy WebLinkAboutORD 07-12 Accessory Second Housing UnitsORDINANCE NO. 7 -12
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF ORANGE AMENDING TITLE 17 OF THE
ORANGE MUNICIPAL CODE RELATING TO
ACCESSORY SECOND HOUSING UNITS AND
MULTI - FAMILY USES MADE NON - CONFORMING
BY THE 2010 GENERAL PLAN.
WHEREAS, on March 9, 2010, the City Council of the City of Orange adopted the
2010 General Plan; and
WHEREAS, the 2010 General Plan resulted in changes in land use designations for
eight focus areas in the City; and
WHEREAS, some properties that had been legally developed with duplex and multi-
family uses under then existing zoning designations experienced a change in zoning
designation to Single Family Residential; and
WHEREAS, without the adoption of Ordinance No. 7 -12, these properties would
become legal non - conforming uses; and
WHEREAS, there was conflicting evidence presented during hearings on the
proposed low density residential zoning that the label of "legal non - conforming use" would
make it more difficult and/or expensive to obtaining financing on the property; and
WHEREAS, some property owners expressed concerns that the "legal non-
conforming use label" would also preclude them from making planned improvements to their
properties; and
WHEREAS, notwithstanding the conflicting evidence that was presented, the City
Council desires to provide some relief from the potential impacts of the changes in land use
designation brought about by the adoption of the 2010 General Plan; and
WHEREAS, during the hearings on the proposed low density residential zoning it
was brought to the attention of the City Council that on a limited number of properties,
property owners are not able to construct an accessory second housing unit of 640 square
feet, which is the maximum size permitted by the Orange Municipal Code, because of an
Orange Municipal Code provision (section 17.14.170D) limiting detached accessory
structures to 50% of the size of the primary structure; and
WHEREAS, the City Council has determined to provide property owners with some
limited relief from the application of section 17.14.170D as provided in this Ordinance.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ORANGE
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION I:
Section 17.14.050.A.5 relating to Accessory Second Housing Units is deleted in its
entirety and replaced with the following:
5. All construction shall conform to Code requirements of
height, setback, lot coverage, local building architectural
compatibility standards, fees, charges, and other zoning
requirements applicable to residential construction in the
applicable zone; provided, however, that irrespective of
whether the construction of a detached accessory second
housing unit would cause the property to exceed the square
footage limitation of Section 17.14.170.D, a property owner
shall be permitted to construct an accessory second housing
unit which otherwise meets all other requirements of this
Code."
SECTION II:
Section 17.14.050.G — Special Use Regulations is hereby amended to add a new
subsection G as follows, and re -label existing subsections G through N, H through O,
accordingly:
G. Duplex and Multiple - Family Dwellings — 2010 General
Plan. Notwithstanding this Code's definition of legal non-
conforming use, duplex and multiple- family dwellings located
within the 2010 General Plan Land Use Focus Areas that
experienced a change in zoning to Single Family Residential
R -1) are recognized as permitted uses provided that they were
legally established at the time of the change to such zoning.
Additions, reconstruction or alterations to the affected
properties may occur provided that no new dwelling units are
added and the development is otherwise undertaken in
accordance with all applicable Code standards. Duplexes shall
apply the development standards of the R2 -6 Zoning District.
Multi - family properties (three or more units) shall apply the
development standards of the R -3 Zoning District. Maps
depicting the affected properties shall be a public record and
remain on file with the Community Development Department."
Pj
SECTION III:
Section 17.17.065 — "Historic duplex and multi family structures" is deleted in its
entirety.
SECTION IV:
Should any section, subsection, clause, or provision of this Ordinance for any reason
be held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect
the validity or constitutionality of the remaining portions of this Ordinance; it being hereby
expressly declared that this Ordinance, and each section, subsection, sentence, clause and
phrase hereof would have been prepared, proposed, approved and ratified irrespective of the
fact that any one or more sections, subsections, sentences, clauses or phrases be declared
invalid or unconstitutional.
EC'TION V!
A summary of this Ordinance shall be published and a certified copy of the full text
of this Ordinance shall be posted in the Office of the City Clerk at least fifteen (15) days
prior to the City Council meeting at which this Ordinance is to be adopted. A summary of
this Ordinance shall also be published once within fifteen (15) days after its passage in a
newspaper of general circulation in the City of Orange. The City Clerk shall post in the
Office of the City Clerk a certified copy of the full text of the adopted Ordinance along with
the names of those City Council members voting for and against the Ordinance in accordance
with Government Code Section 36933.
ADOPTED this 12` day of June, 2012.
ATTEST:
Mary E City Cler f 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 22' day of May, 2012, and thereafter at the regular meeting of said City
Council duly held on the 12 day of June, 2012, was duly passed and adopted by the
following vote, to wit:
AYES:COUNCILMEMBERS:
NOES:COUNCILMEMBERS:
ABSENT:COUNCILMEMBERS:
ABSTAIN:COUNCILMEMBERS:
Whitaker, Smith, Cavecche, Bilodeau, Dumitru
Mary E. M City Clerk, City f Orange