HomeMy WebLinkAboutORD 15-23 SB 9 REGULATIONSORDINANCE NO. 15-23
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF ORANGE AMENDING TITLE 16
SUBDIVISIONS) AND TITLE 17 (ZONING) OF THE
ORANGE MUNICIPAL CODE BY ENACTING
MINISTERIAL STANDARDS APPLICABLE TO LOT
SPLITS IN SINGLE-FAMILY RESIDENTIAL ZONES
ALLOWED AS A RESULT OF SB 9, ENACTING
MINISTERIAL STANDARDS APPLICABLE TO THE
LOCATION, ACCESS,- SIZE AND SETBACK OF
SECOND DWELLING UNITS IN SINGLE-FAMILY
RESIDENTIAL ZONES ALLOWED AS A RESULT OF
SB 9, AND ADDING AND REVISING DEFINITIONS
TO CLARIFY SAID DEVELOPMENT STANDARDS
WHEREAS,the Governor of the State of California signed into law legislation("SB 9"),
effective January 1, 2022, which generally requires the City to ministerially approve certain
applications for a lot split on a single-family residentially-zoned property, which allows the
creation of two half-sized lots where previously there was one lot; and
WHEREAS, SB 9 also generally requires the City to ministerially approve certain
applications to build a second unit on a single-family residentially-zoned property, which allows
two residential dwellings on a single-family (R-1) lot where there was previously only one
dwelling permitted; and
WHEREAS, the single-family residential (R-1) zones in the City, which include
neighborhoods with lots ranging from 6,000 to 20,000 square feet, one acre, and one-and-a-half
acres and up, were thoughtfully planned based on the goals of the General Plan of the City, the
quality of life in single-family residential neighborhoods, the public safety resources, the utility
and transportation infrastructure, City recreational resources,including parks and libraries, school
district considerations, and many other elements associated with sound and established planning
practices; and
WHEREAS, the City's Zoning Code and General Plan also designate numerous duplex
and multi-family residential zones allowing higher density housing opportunities, that were also
carefully planned to ensure a high quality of life in multi-family residential neighborhoods, access
to public safety resources, an efficient utility and transportation infrastructure, and an appropriate
level of City recreational,park and library resources; and
WHEREAS,SB 9 allows the City to impose certain objective requirements regulating said
applications to split and/or to build additional residential units on a single-family residentially-
zoned property; and
WHEREAS,on December 14,2021,the City Council adopted interim Ordinance No. 18-
21, imposing development standards on lot split and second dwelling unit development projects
submitted pursuant to SB 9,which Ordinance was effective for forty-five days; and on January 11,
2022, the City Council extended interim Ordinance No. 18-21 for an additional ten months and
fifteen days,until December 13, 2022; and
WHEREAS, on November 15, 2022, the City Council extended interim Ordinance No.
18-21 with the adoption of interim Ordinance 18-21-B,continuing the imposition of development
standards on lot split and second dwelling unit development projects submitted pursuant to SB 9;
for an additional year,until December 13, 2023; and
WHEREAS,pursuant to Government Code Section 65858(a), no further extension of the
interim Ordinance imposing development standards on lot split and second dwelling unit
development projects submitted pursuant to SB 9,is available; and
WHEREAS, on October 2, 2023, at a regularly scheduled public hearing noticed in
accordance with Government Code Section 65090,the Planning Commission of the City of Orange
recommended by a vote of 6 to 0 that the City Council of the City of Orange adopt Ordinance No.
15-23 imposing development standards on lot split and second dwelling unit development projects
submitted pursuant to SB 9; and
WHEREAS,notice of a City Council of the City of Orange public hearing on the subject
matter was published in a newspaper of general circulation in accordance with Government Code
Section 65090; and
WHEREAS, the City Council of the City of Orange public hearing was held on October
24, 2023, to consider Ordinance No. 15-23; and
WHEREAS, this Ordinance has been reviewed for compliance with the California
Environmental Quality Act (CEQA), the CEQA Guidelines, and the City's environmental
procedures, and has been found to be exempt, consistent with the findings in Section XXI of this
Ordinance; and
WHEREAS, the City Council having considered the proposed revisions to the Orange
Municipal Code(OMC) at a public hearing held on October 24,2023,including review of the staff
report, and having received public testimony on the item,therefore determine that Ordinance No.
15-23 incorporates reasonable development standards for lot split and second dwelling unit
development projects submitted pursuant to SB 9, and the Ordinance would promote orderly
development in the City necessary for the preservation of the public peace, health, safety and
welfare of the community.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ORANGE DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION I:
That the recitals and findings contained herein are true and correct, incorporated herein,
and with the public record, form the basis for the extension of this interim Ordinance.
Ordinance No. 15-23 2
SECTION II:
Section 16.08.010.E of the Orange Municipal Code, "Subdivisions — Maps.— General
Provisions,"is hereby amended to read as follows:
E. The advisory agency with the power of final approval over the tentative parcel map,
shall thereupon make a finding that the proposed division of land complies with all requirements
of the Subdivision Map Act or this title, and all other resolutions and ordinances of this City,
including,but not limited to,requirements concerning area,improvements and design, floodwater
drainage control, appropriate improved public roads, sanitary disposal facilities, water supply
availability, public safety facilities and environmental protection. For parcel maps submitted
pursuant to SB 9, the Community Development Director shall approve or deny the application for
a parcel map for an urban lot split ministerially without discretionary review.
SECTION III:
The title of Section 16.12.030 of the Orange Municipal Code,."Subdivisions —Procedure .•
Tentative Parcel Map — Staff Review Committee Approval," is hereby amended to read as
follows:
16.12.030 Tentative Parcel Map—Approval or Denial:
SECTION IV:
Section 16.12.030 of the Orange Municipal Code, "Subdivisions—Procedure—Tentative
Parcel Map—Approval or Denial,"is hereby amended to add the following:
E. The Community Development Director shall have authority to approve all parcel
map applications for an urban lot split proposed in a single-family residential zone,pursuant to SB
9. Approval shall be a ministerial action without discretionary review.
1. For approval of a parcel map, the Community Development Director shall
find the following:
a.The parcel map subdivides an existing parcel to create no more than •
two (2)new parcels of approximately equal lot area provided that one parcel shall not be smaller
than 40 percent of the lot area of the original parcel proposed for subdivision.
b. Both newly created parcels are no smaller than 1,200 square feet.
c.The parcel being subdivided meets all the following requirements:
i.The parcel is located within a single-family residential zone.
ii. The parcel meets all requirements of Section
17.13.040.GGG.1.
Ordinance No. 15-23 • 3
iii. The parcel has not been established through prior exercise of
an urban lot split as provided for in SB 9.
iv. Neither the owner of the parcel being subdivided nor any
person acting in concert with the owner has previously subdivided an adjacent parcel using an
urban lot split as provided for in SB 9.
v. The parcel map conforms to all applicable objective
requirements of the Subdivision Map Act(commencing with Section 66410), except as otherwise
expressly provided in SB 9.
d. In furtherance of the intent of SB 9 to create dwelling units, plans
for units on a lot undergoing a parcel map application shall have received approval through the
building permit plan check process and be ready for building permit issuance concurrently with
final parcel map approval.
2. The Community Development Director shall place the following conditions
on approval of the parcel map, as appropriate:
a.A requirement for easements for the provision of public safety
services and facilities.
b. A requirement that the parcels have access to,provide access to, or
adjoin the public right-of-way.
c.A requirement for off-street parking pursuant to the single-family
residence parking requirement specified in Table 17.34.060.A, except as otherwise expressly
provided under SB 9.
d. A requirement that the uses allowed on the lots be limited to
residential uses.
3. The City shall not require dedications of rights-of-way or the construction
of offsite improvements for the parcels being created as a condition of issuing a parcel map.
4. The authority for.denial of a parcel map submitted pursuant to $B 9 is the
building official. For denial of a parcel map the building official shall make a written finding,
based upon a preponderance of the evidence,that the proposed housing development project would
have a specific, adverse impact, as defined and determined in Government Code Section
65589.5(d)(2), upon public health and safety or the physical environment, for which there is no
feasible method to satisfactorily mitigate or avoid the specific, adverse impact.
SECTION V:
Section 16.16.020 of the Orange Municipal Code, "Subdivisions — Requirements-
Dedications-Fees — Street, Alley and Easement Dedications," is hereby amended to add the
following:
Ordinance No. 15-23 4
E. The City shall not require dedications of rights-of-way or the construction of offsite
improvements for parcels created pursuant to SB 9. Easements for public safety.services and
facilities for such parcels may be required by the Community Development Director.
SECTION VI:
Section 16.16.170 of the Orange Municipal Code, "Subdivisions — Requirements-
Dedications-Fees—Soils Report Required,"is hereby amended to add the following:
D. For parcel maps submitted pursuant to SB 9, with residential units connected to an
onsite wastewater treatment system,the applicant may submit a percolation test completed within
the last five(5)years, or, if the percolation test has been recertified,within the last ten(10)years.
SECTION VII:
Section 17.04.021 of the Orange Municipal Code, "Zoning — Definitions — "B"
Definitions,"is hereby amended to read as follows:
Bedroom"- Any habitable room in a dwelling unit other than a bathroom,kitchen,dining
room or living room with the following features: an interior door that can be closed or an opening
into the room in which an interior door or double door can be easily installed; a window; and a
closet or room for a wardrobe in addition to a bed. For planning development standards purposes,
not to be confused with any building code standards, a room may be deemed not a bedroom if a
floor to ceiling horizontal distance of at least 7 feet remains open and without any type of door and
no closet exists.
SECTION VIII:
Section 17.04.023 of the Orange Municipal Code, "Zoning — Definitions — "D"
Definitions,"is hereby amended to read as follows:
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. A property designated Duplex Residential is neither a single-family nor a multi-family
property.
SECTION IX:
Section 17.04:025 of the Orange Municipal Code, "Zoning — Definitions — "F"
Definitions,"is hereby amended to read as follows:
Floor area ratio" (F.A.R. or FAR) - The building square footage divided by lot area.
Building square footage shall include all structures on a lot, including garages and accessory
Ordinance No. 15-23 5
structures,unless otherwise provided in this Code. Parking structures and patio covers open on at
least two sides shall not be included in the calculation of F.A.R. F.A.R. shall not include ADUs •
but ADUs shall count against future primary building additions and future accessory structures.
SECTION X:
Section 17.04.031 of the Orange Municipal Code, "Zoning — Definitions — "L"
Definitions,"is hereby amended to read as follows:
LOT LINE,FRONT-In the case of an interior lot,the line dividing the lot from the street.
In the case of a corner lot or through lot, the shorter lot line abutting a street shall be deemed the
front lot line and the longer lot line abutting a street shall be deemed an exterior side, unless
determined otherwise by the Zoning Administrator. In the case of a through lot or a corner lot
whose exterior lot lines are the same length, the lot line where the principal access to the lot is
provided shall be deemed to be the front lot line. In the case of an interior lot, when the lot line
abutting a street is curved, the front lot line follows the curve; for corner lots, separation of lines
occurs at the middle of the curve. For a flag lot, the front lot line is the shortest lot line adjoining
the pole portion of the lot.including the width of the pole as shown in the figure that follows.
Side Property line
atc r
Neighboring a, 2 c
LL
d Property o c
tri Flag Lot
e o. a`
a 2 8 2aLLa
cacc
Side Property Line
SECTION XI:
Section 17.04.038 of the Orange Municipal Code, "Zoning — Definitions — "S"
Definitions,"is hereby amended to read as follows:
Story,half"- One half-story as opposed to full story buildings are structures in which the'
top floor area is within the established roof line, and room heights within the half-story space
conform to the California Building Code regulations for"habitable" space..The building has two
floors of habitable rooms but appears,as a one story structure from an architectural standpoint.The
half-story may contain dormers. Within the Old Towne or established Historic District, the
habitable space for the expansion of existing half-story structures and/or the new construction of
half-story structures, including any dormers, shed roofs, and unfinished areas, shall not exceed
sixty(60)percent of the gross floor area of the floor below.
Story, habitable" - A story maintaining room heights conforming to the California
Building Code regulations for "habitable" space. Height-qualifying habitable stories shall be
considered a story regardless of interior finish status.
Ordinance No. 15-23 6
SECTION XII:
Section 17.10.060.D.1.b of the Orange Municipal Code,"Zoning—Specific Administrative
Procedures— Site Plan Review—Minor Site Plan Review - Criteria," is hereby amended to read
as follows:
b.Construction of six(6) or fewer residential units on a single parcel,
when only one parcel is being developed. Units constructed in single-family (R-1) districts
pursuant to SB 9 shall not require site plan review under this section.
SECTION XIII:
Section 17.10.060.D.1.f of the Orange Municipal Code,"Zoning—Specific Administrative
Procedures— Site Plan Review—Minor Site Plan Review - Criteria," is hereby amended to read
as follows:
f.Creation of lots or building sites with no direct access to a public
street except for those units with access easements created to accommodate the construction of
units pursuant to SB 9.
SECTION XIV:
Section 17.10.070.B:7 of the Orange Municipal Code, "Zoning— Specific Administrative
Procedures—Design Review—When Design Review is Required-Exception,"is hereby added to
read as follows:
7. Exception. Units created in a single-family(R-1) residential zone pursuant
to SB 9 shall not require design review but shall instead meet all objective design review standards
specified in Section 17.13.040.GGG and Chapter 17.14.
SECTION XV:
Table 17.13.030 of the Orange Municipal Code, "Zoning — Master Land Use Table —
Permitted Uses,"is hereby amended to add the following:
See next page]
Ordinance No. 15-23 7
Table 17.13.030 Permitted Uses.
AGRICULTURAL... .
ZONING: ,RESIDENTIAL COMMERCIAL MlitED USE - INDUSTRIAL' OPEN SPACE• • PI. Os.VERLAY i.GRAVEL_
LAND 7d 0 7d X 400 0 0 C] O O O 4 y ii 'i7 cn
USE in cn rr p N oo O
W N W 7d ) y
Ro
v 0
cn
Housing—Includes all structures permitted as living quarters whether they be for short or long-term occupancy.Includes all uses identified in California Building Code
definitions that are preceded with main entry words(key terms)that include one of the following:Dwelling,unit,house,housing,congregate,residence,multifamily,
dormitory,home(s),hotel,motel,residential care facility,residential facility,or lodging.
Single- P* P P P P , P - P - - - - - P* •P* P* - - - - P - - - - -
family
dwelling
Single- P* P* P*
family
dwelling
created
pursuant
toSB9
Ordinance No. 15-23 8
SECTION XVI:
Section 17.13.04Q of the Orange Municipal Code, "Zoning— Master Land Use Table — Special
Use Regulations,"is hereby amended to add the following:
GGG. Single-family Dwelling Created Pursuant to SB 9.
1. Approval shall be subject to the proposed housing development meeting all the
requirements of SB 9 which include:
a.The parcel is not located on a site specified in subparagraphs (B) to (K),
inclusive, of Government Code Section 65913.4(a)(6) as summarized below:
i.Prime farmland, farmland or statewide importance, or land that is
zoned or designated for agricultural protection or preservation by the voters.
ii. A wetland
iii. Within a very high fire hazard severity zone,unless the site complies
with all fire-hazard mitigation required by existing building standards.
iv. A hazardous waste site that has cleared the site for residential use or
residential mixed uses.
v. Within a delineated earthquake fault zone unless the development
complies with applicable seismic protection building code standards.
vi. Within a 100 year flood hazard area,unless it has either:
I) Been subject to a Letter of Map Revision prepared
by the Federal Emergency Management Agency and
issued to the local jurisdiction, or
II) Meets Federal Emergency Management Agency
requirements necessary to meet minimum flood plain
management criteria of the National Flood Insurance
Program.
vii. Within a regulatory floodway unless the development has received
a no-rise certification.
viii. Land identified for conservation in an adopted natural community
conservation plan or other adopted natural resource protection plan.
ix. Habitat for protected species.
x. Land under conservation easement.
9
b. The proposed housing development would not require demolition or
alteration of any of the following types of housing:
i.Housing that is subject to a recorded covenant, ordinance, or law
that restricts rents to levels affordable to persons and families of moderate, low, or very low income.
11. Housing that has been occupied by a tenant in the last three(3)years.
c.The parcel subject to the proposed housing development is not a parcel on
which an owner of residential real property has exercised the owner's rights under Chapter 12.75
commencing with Section 7060) of Division 7 of Titled to withdraw accommodations from rent or lease
within 15 years before the date that the development proponent submits an application.
d. Notwithstanding any provision in the Orange Municipal Code to the
contrary,the proposed housing development does not allow the demolition of more than 25 percent of the
existing exterior structural walls, unless the site has not been occupied by a tenant in the last three (3)
years.
e.The development is not located within a historic district or property
included on the State Historic Resources Inventory, as defined in Section 5020.1 of the Public Resources
Code,or within a site that is designated or listed as a city or county landmark or historic property or district
pursuant to a city or county ordinance.
2. The proposed housing development may be denied if the building official makes
a written finding, based upon a preponderance of the evidence, that the proposed housing development
project or urban lot split would have a specific, adverse impact, as defined and determined in
Government Code Section 65589.5(d)(2), upon public health and safety or the physical environment,
for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact.
3. The ministerial approval may include the conditions for a parcel map specified in
section 16.12.030.E, if applicable.
4. All rental units shall be rented for a term longer than 30 days.
5. An applicant for a parcel map to create an urban lot split shall sign an affidavit
stating:their intent to occupy one of the housing units as their principal residence for a minimum of three
3) years from the date of the approval of the urban lot split. Any "community land trust;' as defined
in Revenue and Taxation Code Section 402.1(a)(11)(C)(ii), or a "qualified nonprofit corporation" as
described in Revenue and Taxation Code Section 214.15, shall be exempt from the affidavit.
6. Separate conveyance of the resulting lots in an urban lot split is permitted. If
dwellings or other structures (such as garages) on different lots are adjacent or attached to each other,
the urban lot split boundary may separate them for conveyance purposes if the structures meet building
code safety standards and are sufficient to allow separate conveyance. Separate conveyance of units
within a lot resulting from an urban lot split shall be subject to the following:
Ordinance No. 15-23 10
a. Primary dwelling units within a lot that is created by an urban lot
split may not be owned or conveyed separately from each other.
b. Condominium airspace divisions and common interest
developments are not permitted within a lot that is created by an
urban lot split.
c. All fee interest within a lot and all dwellings on the lot must be
held equally and undivided by all individual property owners.
7.Separate conveyance of units on an undivided lot is subject to the following:
a. Primary dwelling units on an undivided lot may not be owed or •
conveyed separately from each other.
b. Condominium airspace divisions and common interest
developments are not permitted'within'the undivided lot• •
c. All fee interest in the undivided lot and all the dwellings on the
undivided lot must be held equally and undivided by all individual
property owners.
8. All development, design, and parcel map standards in this section and in Chapter
17.14 shall be applied to units created under SB 9, provided that at least an 800 square foot unit is
allowed to be constructed.
9. The following objective design standards shall apply to all single-family
dwellings created pursuant to SB 9 and to associated on-site improvements:
a.Units with identical building elevations and/or floor plans shall not be
located on adjacent lots or directly across the street from each other.
b. Design elements and detailing shall be continued completely around the
structure. Such design elements shall include window treatments,trim detailing, exterior wall materials,
and color pallet. Firewalls are not exempt from the required design elements.
c.At least two (2)building materials shall be used on any building frontage
excluding roof and foundation) in addition to glazing and railings. Any one material shall comprise at
least 20% of the building frontage.
d. At least two (2) exterior colors shall be used. Elements that'count toward
this requirement include cladding material,trim/accent colors, and visually significant colors for doors,
and similar elements. Primary colors shall be used as accent colors only.
e.Trash receptacles locations shall be identified on project plans and shall
demonstrate screening from public view via equivalent-height landscaping or a solid wall or fence.
Ordinance No. 15-23 11
f.The main entry shall not be the garage door and shall be prominently
placed on the elevation facing the street.
g. Linear streetscape appearance in the building facade shall be avoided by
providing variations in horizontal plane in a minimum of 50% of the building front and street side
elevations. Variations shall include indentations, recesses, or projections of two (2) feet or greater.
Vertical architectural elements (pilasters, columns, piers, other structural elements) shall vertically
project a minimum of eight(8)feet in height and project a minimum of eight(8)inches from the building
face.
h. Units shall include a minimum three(3) element(s) from the following list
to add visual variety and interest to building facades and enhance the connection between public and
private.realms: eaves, cornices, trellises, overhangs, exposed structural elements such as rafters,
recessed windows, columns,bay windows. Other elements may be approved if they provide equivalent
visual variety and interest.
i.Primary interior living spaces (bedroom and living areas) shall be offset a
minimum eight(8) feet from a facing neighboring primary interior space on the same story.
j.A minimum eight (8) feet shall be maintained between any primary
interior living space(bedroom and living area) and an existing neighboring primary living space on the
same story.
k. Trim surrounds shall be provided at all exterior window and door
openings. Trim shall be substantial, visible, and at least two (2) inches in depth.
1..Classical window proportions shall be provided such as 2:1, 3:2, or 4:3.
m. No building facade may extend in a continuous plane for more than 20 feet•
without a window, door, variation in horizontal plane, or vertical architectural element.
n. A minimum three (3) foot wide interior clear planter width landscaping
shall be provided between the closest parallel property line to a driveway and the subject property. For
flag lots, the planter shall only be required adjacent to the property not part of the project. Within the
planter area,.landscaping shall be maintained at a height of no greater than 42 inches to allow for line
of sight to pedestrians and motorists for vehicles exiting the driveway.
o. Driveways to required parking shall not be asphalt, shall be a minimum
12 feet in width, and shall be concrete, pavers, stone, brick, or similar material. No driveway shall be
allowed for units that do not require an on-site covered parking space and are not electing to include
covered parking. Controlled or restricted entrances to required or provided parking'are prohibited.
SECTION XVII:
Section 17.14.060 of the Orange Municipal Code, "Zoning—Residential Districts—Reserved,"is
hereby replaced with the following:
Ordinance No. 15-23 12
17.14.060 -Units Created in a Single-family(R-1)Residential Zone Pursuant to SB 9:
The development standards specified in Section 17.13.040.GGG and Table 17.14.060 shall apply
to dwelling units created under SB 9. In addition,the following shall apply:
A. In the event development standards physically preclude the construction of up to two (2)
units or preclude either of the two (2) units from being at least 800 square feet in floor area, a minimum
800 square foot unit shall be allowed with code waivers chosen and authorized by the Community
Development Director based on prioritizing preservation of neighborhood character and privacy to
adjacent properties. The Director may consider waivers such as,but not limited to:
1. Allowing half basement construction to facilitate two-story construction no greater
than 16 feet tall.
2. Allowing a reduced front yard setback.
3. Reducing distancing from an existing structure on the original parcel.
B. Parking shall be provided as specified in Chapter 17.34
C. One (1) bedroom is allowed for each five hundred (500) square foot increment of unit
square feet. Increments are rounded up, e.g., a 1,001 square foot unit may have 3 bedrooms. Bedroom
and bathroom square feet shall be limited to no greater than 63.5% of the total square feet of the unit.
Direct exterior access to bedrooms is prohibited, except for the largest bedroom.
D. All accessory structures, including garages, shall be subject to the provisions of Title 17,
including but not limited to setbacks, floor area ratio, lot coverage, distancing from other structures, ratio
of structures to dwelling, open space, and height.
Table 17.14.060
RESIDENTIAL DEVELOPMENT STANDARDS FOR UNITS CREATED IN A SINGLE-
FAMILY (R-1)RESIDENTIAL ZONE PURSUANT TO SB 9
See next page]
Ordinance No. 15-23 13
Table 17.14.060
RESIDENTIAL DEVELOPMENT STANDARDS FOR UNITS CREATED IN A SINGLE-FAMILY(R-1)
RESIDENTIAL ZONE PURSUANT TO SB 9
District Maximum Minimum Minimum Minimum Minimum Minimum Yard Setback in Feet Maximum Maximum Minimum .
Units Per Lot Lot Area in Lot Area Per Lot Frontage Lot Depth in (c)(d)(e) Height(Feet- Floor Area Usable Open
Sq.Ft. (a) Unit in Sq. in Feet(b) Feet Front Side Rear Stories) Ratio(f)Space in Sq.
Ft.(a) whichever Ft.
height is less
All RI 4(i) 1,200 a) 30 40 ' 20 ' 4 4 16'-1 story N/R(g) h)
districts
N/R=No requirement
a) If the lot is created by a new parcel map and the parcel map subdivides an existing parcel to create no more than two(2)new parcels,the parcels shall be of
approximately equal lot area,provided that one parcel shall not be smaller than 40%of the lot area of the original parcel proposed for subdivision. No lot shall be smaller than
1,200 square feet.
b) The required width of the pole segment of a flag lot,or easement for access to a lot with required parking,shall be 15 feet,which includes the required 12-foot driveway
width and a three-foot property line landscape buffer. Such width is also required for lots without required driveways and parking. A lesser or greater easement width may be
authorized by the Community Development Director based on evidence justifying the adjustment. Units located further than Fire Department hose pull reach requirements
shall provide a 20-foot wide easement for emergency vehicle access and a paved surface meeting Fire Code weight bearing requirements.
c) No setback shall be required for an existing structure or a structure constructed in the same location and to the same dimensions as an existing structure.
d) An application shall not be rejected solely because it proposes adjacent or connected structures provided that the structures meet building code safety standards and are
sufficient to allow separate conveyance. Therefore,connected units may be authorized,including units connected to units on an adjacent lot pursuant to SB 9.
e) Garages are accessory structures. Attached garages shall adhere to setback requirements of each respective zoning district in Table 17.14.070. Detached garages and
accessory structures shall adhere to the requirements of Section 17.14.160.
f) Where accessory structures are proposed or exist,including attached or detached garages,the maximum Floor Area Ratio(FAR)for accessory structures shall be
calculated by combining the sum of square feet of the proposed unit,any existing units,and all accessory structures,and shall be limited by the"district maximum FAR
specified in Table 17.14.070.
Ordinance No. 15-23 14
an. MID
g) In lieu of a Floor Area Ratio requirement,each unit shall be limited in square feet based on lot size as follows:
Lot Area in Square Feet Maximum Unit Square Feet*
1,200-4,999 800 square feet
5,000-5,999 800 square feet
6,000-6,999 800 square feet
7,000-7,999 800 square-feet
8,000-9,999 850 square feet
10,000-11,999 900 square feet
12,000-14,999 950-square feet
15,000-19,999 1,000 square feet
20,000-39,999 1,100 square feet
40,000 and greater 1,200 square feet
Existing units may maintain existing FAR and lot coverage but any expansion shall comply with development standards in Table 17.14.070
h) Minimum usable open space,as defined in Section 17.04.034,shall require the following square feet per district:
Minimum Usable
District Open Space in
Sq.Ft.(q)
Rl-5 1,000 sf
Rl-6 1,100 sf
R1-7 1,100 sf
R1-8 1,200 sf
R1-10 1,200 sf
R1-12 1,300 sf
R1-15 1,700 sf
R1-20 2,500 sf
R1-40 2,500 sf
i) Up to four(4)units are allowed which may consist of two(2)units on a lot or a primary dwelling and an accessory dwelling unit on a lot.However,all units must meet
safety needs and all specified development standards.
Ordinance No. 15-23 15
SECTION XVIH:
Table 17.14.070 of the Orange Municipal Code, "Zoning — Residential Districts —
Residential Development Standards,"is hereby amended to read as follows:
Table 17.14.070
RESIDENTIAL DEVELOPMENT STANDARDS
See next page]
Ordinance No. 15-23 16
MID MOD
Table 17.14.070
RESIDENTIAL DEVELOPMENT STANDARDS
District Units Minimum Minimum Minimum Minimum Minimum Yard Setback in Feet(b,h)Maximum Maximum Minimum
Per Lot Area in Lot Area Lot Lot Depth in Front Side Rear Height(Ft.- Floor Area Usable .
Lot Sq. Ft.(x) Per Unit in Frontage in Feet Stories) Ratio(o)or Open
Sq.Ft. Feet(a) whichever Lot Space in
is less(g) Coverage Sq. Ft.(q)
P)
R1-5 1 5,000(v.1) N/R 50(k) 90 Bld-15 c,v.2) v.2) 32'-2 Based on 875 sf
aa) Gar-20(v.2) stories bldg.
pad(v.3.w)
R1-6 1 6,000 N/R 60(k) 100 20 5(c) 20(d,e,f) 32'-2 u) 900 sf
aa) stories(y)
R1-7 1 7,000 N/R 60(k) 100 20 5(c) 20(d,e,f) 32'-2 u) 950 sf
aa) stories
R1-8 1 8,000 N/R 60(k) 100 20 5(c) 20(d,e,f) 32'-2 u) 1,000 sf
aa) stories
R1-10 1 10,000 N/R 80(k) 100 20 5(c) 20(d,e,f) 32'-2 u) 1,000 sf
aa) stories
R1-12 1 12,000 N/R 80(k) 100 20 5(c) 20(d,e,f) 32'-2 u) 1,000 sf
aa) stories
R1-15 1 15,000 N/R 80(k) 100 20 5(c) 20(d,e,f) 32'-2 u) 1,200 sf
aa) stories
R1-20 1 20,000 N/R 100(k) 100 20 5(c) 20(d,e,f) 32'-2 u) 1,500 sf
aa) stories
RI-40 1 43,560 N/R 100(k) 100 20 5(c) 20(d,e,f) 32'-2 0.40 FAR 2,000 sf
aa) stories
R1-R 1 108,900 •N/R 100(k) 100 20 5(c) 20(d,e,f) 32'-2 0.40 FAR 2,000 sf
aa) stories
Notes:
aa)For all units constructed or lots created pursuant to SB 9, apply the development standards in Table 17.14.060.
Ordinance No. 15-23 17
SECTION XIX:
The first paragraph of Section 17.14.080 of the Orange Municipal Code, "Zoning —
Residential Districts—Building Lot Area Requirements,"is hereby amended to read as follows:
Tables 17.14.060 and 17.14.070 indicate the minimum building lot area for individual lots.
The following portions of a lot shall not be included in the minimum building lot calculation:
SECTION XX:
The Single-family Dwelling Use provisions of Table 17.34.060.A of the Orange Municipal
Code, "Zoning — Off-Street Parking and Loading — Required Number of Parking Spaces for
Residential Uses,"is hereby amended to read as follows:
Table 17.34.060.A
REQUIRED NUMBER OF PARKING SPACES FOR RESIDENTIAL USES
USE REQUIRED NUMBER OF SPACES
Single- 2 enclosed garage spaces/unit up to 4 bedrooms accessed by a 12 foot wide 20
family foot long driveway. For 5 or more bedrooms, 1 additional enclosed space which
Dwelling may be in tandem configuration but may not be in a required front yard setback.
For bedroom additions to homes built prior to the effective date of Ordinance 17-
08, refer to Section 17.34.020(A). Enclosed spaces demolished or converted in
association with construction of an accessory dwelling unit shall not require
replacement.
For PUDs, units with 3 or more bedrooms shall provide an additional 1.5 guest
parking spaces per dwelling unit. Of this requirement, 1 open parking space may
be provided at the residence subject to compliance with Section 17.16.060.
Enclosed spaces demolished or converted in association with construction of an
accessory dwelling unit shall not require replacement.
For dwelling units created under SB 9: one enclosed parking space, accessed by
a 12 foot wide 20 foot long driveway, shall be provided for parcels unless they
are located within %Z mile walking distance of either a high-quality transit
corridor,a major transit stop,or within 1 block of a car share vehicle.No parking
space shall be required for parcels within %2 mile walking distance of either a
high-quality transit corridor,a major transit stop, or within 1 block of a car share
vehicle.
SECTION XXI:
Section 17.38.080 of the Orange Municipal Code,"Zoning—Nonconforming Uses—Urban
Lot Split(SB 9)Exception to Compliance(Nonconformities),"is hereby added to read as follows:
Ordinance No. 15-23 18
17.38.080 Urban Lot Split(SB 9)Exception to Compliance(Nonconformities).
The City shall not require the correction of nonconforming zoning conditions as a condition
for ministerial approval of a parcel map application for the creation of an urban lot split pursuant
to SB 9.
SECTION XXII:
As stated in the California Department of Housing and Community Development SB 9
Fact Sheet: "...the preparation and adoption of the ordinance is not considered a project under
CEQA. In other words, the preparation and adoption of the ordinance is statutorily exempt from
CEQA." The subject Ordinance is exempt from the provisions of the California Environmental
Quality Act (CEQA) per State CEQA Guidelines 15060(c)(2), 15060(c)(3) and 15061(b)(3)
because it will not result in a direct or reasonably foreseeable indirect physical change in the
environment, because there is no possibility it will have a significant effect on the environment,
and it is not a"project",as defined in Section 15378 of the State CEQA Guidelines. In the unlikely
event the Ordinance would constitute a project under CEQA, it is exempt from the provisions of
CEQA per State CEQA Guideline 15321 (Class 21,Enforcement Actions by Regulatory Agencies) '
because it is an action taken by the City as a regulatory agency, as authorized by local ordinance,
to regulate as authorized by SB 9, the processing of lot splits and applications for construction of
second dwelling units in single-family residential zones in order to prevent a public nuisance. As
such,no further analysis is warranted or required. The proposed Ordinance is exempt from CEQA
per Guideline 15061(b)(3)because it can be seen with certainty,after review and evaluation of the
facts regarding parking standards in the City of Orange, that there is substantial evidence that
adoption of this Ordinance would not have a significant effect on the environment and the common
sense exemption applies.
SECTION XXIII:
This Ordinance is intended to immediately supersede any existing provisions of the Orange
Municipal Code to the extent those existing provisions are inconsistent with this Ordinance.
SECTION XXIV:
If any section, subdivision, paragraph, sentence, clause or phrase of this Ordinance is for
any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the
remaining portions of this interim Ordinance. The City Council hereby declares that it would have
passed this interim Ordinance, and each section, subdivision, paragraph, sentence, clause and
phrase thereof, irrespective of the fact that any one (or more) section, subdivision, paragraph,
sentence, clause or phrase had been declared invalid or unconstitutional.
Signatures on next page]
Ordinance 15-23 19
ADOPTED this 14th day.of November 2023.
iel R. Slater,Mayor, City of Orange
ATTEST:
Pamela Coleman, City Clerk, City of Orange
APPROVED AS TO FORM:
UMichaelJ. Vigliotta, Ci Attorney
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ORANGE
I, PAMELA COLEMAN, 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
24th day of October 2023, and thereafter at the regular meeting of said City Council duly held on
the 14th day of November 2023, was duly passed and adopted by the following vote,to wit:
AYES:COUNCILMEMBERS: Barrios,Dumitru,Tavoularis, Bilodeau,
Gyllenhammer, and Slater
NOES:COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Gutierrez
ABSTAIN: COUNCILMEMBERS_ None
Pamela Coleman, City Clerk, City of Orange
Ordinance 15-23 20