HomeMy WebLinkAboutORD-07-07 Amending Ch 17.04 Defining Residential UnitsORDINANCE NO. 7-
07 AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF ORANGE AMENDING CHAPTER 17.04
OF TITLE 17 OF THE ORANGE MUNICIPAL
CODE DEFINING SINGLE-FAMILY
AND DUPLEX
RESIDENTIAL UNITS.WHEREAS, the City has received numerous complaints from
residents that single family homes are being rented out to large numbers of transient tenants
who have no established ties or affiliations to either each other or to the
neighborhood; and WHEREAS, the rental of single family homes on a room by room
basis to persons who have no established ties or affiliations with one another
constitutes a commercial activity indicative of apartment complexes and often leads to
a transient
population; and WHEREAS, the common experience is that in general, individuals who
live in the home they own take greater pride in the home and are more willing to invest
in the upkeep of their homes than are owners who rent their properties, especially
where the renters are transient, are essentially just renting a room, have no financial
investment in the value of the home or have no established ties or affiliations to one
another; and WHEREAS, in terms of available garage space, off-
street parking, on-street parking, storage space, kitchen facilities, etc.,
single family residential neighborhoods and duplex residential units are generally not designed
for occupancies in which significant numbers of unrelated and unaffiliated persons, especially
adults, reside in the
same dwelling unit; and WHEREAS, single-family neighborhoods have also
come under pressure due to state and federal laws which pre-empt zoning
regulations, requiring the City to permit specified group homes in single-family neighborhoods,
of which there are estimated to
be over 100 in single-family neighborhoods; and WHEREAS, the problems that
have been reported by residents in single family neighborhoods associated
with boarding house type uses include excessive noise,additional neighborhood traffic, safety concerns
for children playing in or near the street,dilapidation of the
dwelling unit, illegal garage conversions, decline in neighboring property values, unpermitted additions and
walls, the flight of traditional families, lack of on-street parking for adjoining
neighbors and their guests, and lack of familiarity with neighbors which can lead
to increased crime, all of
which destroy the single-family character of the neighborhood; and WHEREAS, the
purposes of this Ordinance are to, among other things, preserve
values, reduce traffic, preserve safety, provide adequate off street parking, reduce noise,
and reduce the number of complaints generated which require a City response.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ORANGE
DOES ORDAIN AS FOLLOWS:
SECTION I:
The definitions contained in Section 17.04.023 of the Orange Municipal Code are
modified as follows:
DUPLEX" is deleted in its entirety and replaced with the following:
DUPLEX OR DUPLEX RESIDENTIAL - An attached or detached
building containing two Dwelling Units wherein the occupants of
each individual Dwelling Unit are living and functioning together as a single
housekeeping unit, meaning that they have established ties and familiarity
with each other, jointly use common areas, interact with each other,
share meals, household activities, expenses and responsibilities,membership
in the single housekeeping unit is fairly stable as opposed to transient,
and members have some control over who becomes a member of the
single housekeeping unit."DWELLING,
SINGLE-FAMILY" is deleted in its entirety and replaced with the
following:
DWELLING, SINGLE-FAMILY - An attached or detached building not
to contain more than one kitchen wherein the occupants of the Dwelling
Unit are living and functioning together as a single housekeeping unit,
meaning that they have. established ties and familiarity with each other,
jointly use common areas, interact with each other, share meals, household
activities, expenses and responsibilities, membership in the single
housekeeping unit is fairly stable as opposed to transient, and members
have some control over who becomes a member of the single housekeeping
unit."
DWELLING, TWO-FAMILY is deleted in its
entirety.DWELLING UNIT" is deleted in its entirety and replaced with the
following:DWELLING UNIT - An attached or detached building containing one or
more rooms wherein the occupants of each dwelling unit living and
functioning together as a single housekeeping unit, meaning that they have
established ties and familiarity with each other, jointly use common areas,
interact with each other, share meals, household activities, expenses and
responsibilities, membership in the single housekeeping unit is fairly
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stable as opposed to transient, and members have some control over who
becomes a member ofthe single housekeeping unit."
SECTION II:
The following definitions shall be added to Section 17.04.038 of the Orange
Municipal Code.
SINGLE FAMIL Y RESIDENTIAL or SINGLE F AMIL Y RESIDENCE -An
attached or detached building not to contain more than one kitchen wherein
the occupants of the Dwelling Unit are living and functioning together
as a single housekeeping unit, meaning that they have established ties
and familiarity with each other, jointly use common areas, interact with
each other, share meals, household activities, expenses and responsibilities,
membership in the single housekeeping unit is fairly stable
as opposed to transient, and members have some control over who becomes
a member of the single housekeeping unit.SECTION
III.Subsection
17. 14.050A.9 IS added to the Orange Municipal Code to read as follows:
9.
An accessory secondary unit may only be occupied by persons using the
unit as a Single-Family Residence as defined in this Code.
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 anyone or more sections, subsections,
sentences, clauses or phrases be declared invalid or unconstitutional. This Ordinance
shall be prospective in application from its effective date.
SECTION 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 five (5) 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 this
Ordinance's passage in a newspaper of general circulation, published, and circulated in
the City of Orange. The City Clerk shall post in the Office of the City Clerk a certified
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copy of the full text of such adopted Ordinance along with the names of those City
Council members voting for and against the Ordinance in accordance with Government
Code Section 36933. This Ordinance shall take effect thirty (30) days from and after the
date of its final passage.
Adopted this 12'h day of June, 2007
ATTEST:
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 22nd day of May, 2007, and thereafter at the regular meeting of said
City Council duly held on the 12th day of June, 2007, was duly passed and adopted by the
following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
COUNCILMEMBERS: Smith, Murphy, Cavecche, Dumitru, Bilodeau
COUNCILMEMBERS: None
COUNCILMEMBERS: None
COUNCILMEMBERS: None
f Orange
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