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