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ORD-08-03 Amend Ch 17.14- Development of Accessory Second Housing UnitsORDINANCE NO. 8- 03 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ORANGE AMENDING CHAPTER 17,14 OF THE ORANGE MUNICIPAL CODE IN ORDER TO COMPLY WITH A NEW STATE LAW REGARDING THE DEVELOPMENT OF ACCESSORY SECOND HOUSING UNITS WHEREAS, the State of California amended Sections 65583.1, 65852.2, and 65915 of the Government Code relating to accessory housing units on September 29, 2002 through the passage of Assembly Bill 1866; and WHEREAS, the reference to establishing a process for the issuance of a conditional use permit for second units has been deleted in accordance with Section 65852.2 (a) (4) of the Government Code; and WHEREAS, state law permits local agencies to include standards that prevent adverse impacts on any real property that is listed in the California Register of Historic Places ( Section 65852.2); and WHEREAS, in order to prevent adverse impacts on any real property that is listed in the California Register of Historic Places, architectural review will be performed for accessory second housing units that are in Old Towne. Though Old Towne contains some real property that is not so listed, the essence of Old Towne is composed of listed properties and this historical essence may be adversely impacted through development anywhere within the Old Town boundaries; and WHEREAS, required parking for the accessory second housing units shall not be allowed in the front yard setback, in accordance with state law, such a prohibition is permitted when parking in the front setback is not allowed in any zoning district within the jurisdiction.WHEREAS, the City of Orange finds that land use issues are best decided at the local level.WHEREAS, the City of Orange is approving the State mandate under protest.NOW THEREFORE, the City Council of the City of Orange hereby ordains as follows:SE:CTION I:Table 17.14.030 Uses in Residential Zones is hereby amended as USES IN RESIDENTIAL ZONES CIJ RI-6 RI-20 R2-6 toR-3 R- 4 L to to R2-8 RI-15RI-40 RI- R Residential ~I I I I Us. s Accessory IT] D Second A* A* A* A*Housing Unit KEY:P = Permitted Use.e = Conditional Use Permit required. Refer to administrative procedure provisions in Section 17. 08.030.Not Permitt,;:d.A = Accessory Use.Use subject to special provisions contained in Section 17.14.050.Use subject to special provisions contained in Section 17.14.060 Use subject to special provisions contained in Sections 17.14.070 (V) and (W).SECTION II Section 17.14.050 - Special Use Regulations is hereby amended as follows:17.14.050 Special Use Regulations,Accessory uses and permitted uses marked with an asterisk (*) in Table 17.14.030 are permitted subject to the following use regulations:A. Accessory Second Housing Unit.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 perrrlitted where there is an existing guest house, grarUlY housing unit, maid's quarters or similar facility. Lots containing a tent, trailer or other temporary structure shall not be considered for development of accessory second unit housing.2. The accessory second housing unit or the contiguous land area surrounding the unit shall not be sold separately from the existing (principal) dwelling unit.3. The floor area of the accessory second unit shall not exceed six hundred forty (640) square feet, and the unit shall contain a minimum floor area of four hundred fifty (450) square feet.2 4. The accessory second housing unit may be attached or detached but if detached, shall comply with the provisions of Section 17.14.120 relating to, Distance Between Dwellings and Other Principal Structures. 5. All construction shall conform to municipal 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. 6. One unenclosed parking space in excess of the code parking requirement for the existing (principal) residential use shall be required. Required parking shall not be permitted within the front yard setback. 7. If a private sewage disposal system is being used, approval by the local health officer shall be obtained prior to issuance of a building permit. 8. The accessory secondary housing unit shall not be allowed in any portion of the City defined by City Council resolution as being significantly impacted by insufficient capacity for traffic circulation, parking, public utilities, or similar infrastructure needs. SECTION III: Section 17.14.060.A - Accessory Secondary Housing Units is hereby deleted in its entirety from Conditional Use Permit Regulations.17, 14.060 Conditional Use Regulations,A conditional use permit must be obtained pursuant to the requirements outlined in Seetion 17.08.030. In addition, the following special conditions shall be applied to specific USt: 8, marked with a plus (+) in Table 17.14.030.SECTION IV:Section 17.14.170 - Detached Accessory Structures or Garages is hereby amended as follows:E. Interior Plumbing. Interior plumbing facilities are permitted III accessory stmctures only under the following circumstances:1. Any accessory structure less than one hundred fifty (150) gross square feet in size may contain a half-bath (one toilet and one sink).2. An accessory structure with an unfinished interior, such as a workshop or garage, may contain a utility sink.3 3. Additional interior plumbing facilities may be permitted only upon issuance of a conditional use permit. SECTION V: Effective Date. This ordinance shall take effect thirty (30) days after adoption and shall, within fifteen (15) days of adoption, be published with the names of the Council members voting for and against the same in a newspaper adjudicated and circulated in the City of Orange. ADOPTED this 27th day of May, 2003. lj!.;.,11j,Y071~o,~g, ATTEST: a"/4l<~' Cassandra J. Ca STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF ORANGE ) I, Cassandra J. Cathcart, 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 13th day of May, 2003, and thereafter at a regular meeting of said City Council duly held on the 27th day of May, 2003, was duly passed and adopted by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: COUNCILMEMBERS: Ambriz, Murphy ,Coontz, Cavecche COUNCILMEMBERS: Alvarez COUNCILMEMBERS: None COUNCILMEMBERS: None Cassandra J. Cath , City Clerk, City of Orange 4