HomeMy WebLinkAboutORD 18-21 URGENCY ORD ENACTING MINISTERIAL STANDARDS APPLICABLE TO LOT SPLITS IN SINGLE FAMILY RESIDENTIAL ZONESORDINANCE N0. 18-21
AN URGENCY 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-FAMIL'Y RESIDENTIAL
ZONES ALLOWED AS A RESULT OF SB 9,AND REVISING
DEFINITIONS TO CLARIFY SAID DEVELOPMENT
STANDARDS.
WHEREAS,the City Council of the City of Orange,pursuant to its police powers afforded
under the California Constitution, Article XI, Section 7, California Government Code 37100, et
seq.,may adopt regulations to protect the peace,health, safety and welfare of the community, and
may declare that certain uses and conditions constitute a public nuisance; and
WHEREAS, California Government Code 38771 authorizes the City, through its
legislative body,to declare actions and activities that constitute a public nuisance in its community;
and
WHEREAS, California Government Code 65858 authorizes the City, through its
legislative body, to protect the peace, health, safety and welfare of the community by adopting as
an urgency measure an ordinance prohibiting any uses that may be in conflict with a contemplated
general plan, specific plan, or zoning proposal that the legislative body, planning commission or
the planning department is considering or studying or intends to study within a reasonable time;
and
WHEREAS, the Governor of the tate of California recently signed into law, legislation
SB 9") which 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
there was previously one lot; and
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WHEREAS, SB 9 also 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,these two provisions of SB 9—allowing a lot split and allowing a second unit
on a single-family lot - may be combined, resulting in the transformation of a single-family
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residential lot with one dwelling unit becoming two lots with two dwelling units each for a total
of four dwelling units on the same-sized piece of property; 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 recreationaT, park and library resources; and
WHEREAS, SB 9 has the effect of a wholesale conversion of each of the carefully
designed single-family residential zones in the City into residential zones with double, triple and
up to quadruple the anticipated density of tliose zones, creating incompatibility with the City's
single-family neighborhood development standards for those zones, among other City resource
concerns; and
WHEREAS, if unrestricted and left unregulated, the increase in potential density in the
City's single-family zones would cause numerous deleterious effects on the City's infrastructure
as well as the families residing therein,including parking and traffic problems, overuse of existing
utility systems, loss of privacy, application of development standards not designed for higher
density housing,fire safety and other public safety concerns, all of which effects constitute a public
nuisance to the community; 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, the Orange Municipal Code (OMC) does not currently contain a process or
objective development standards for ministerially processing iot split applications; and
WHEREAS, the OMC does not currently contain a process or objective development
standards for ministerially processing applications to build non-ADU second dwelling units in
single-family zones; and
WHEREAS, since the passage of SB 9,the City has been studying the required procedure
for evaluating applications for lot splits and additional residential units in single-family zones to
determine the proper level of review required to protect the peace, health, safety and welfare of
the public; and
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WHEREAS, the City is also studying the development standards contained in its Zoning
Code to examine under what circumstances and to what extent SB 9 allows the City to impose
reasonable and objective regulations on the potential lot splits and/or additional residential units;
and
WHEREAS,the City Council of the City of Orange finds:
1. That the ministerial approval of lot splits and second dwelling units on single-family
residentially-zoned properties is not currently addressed by the current Subdivision Code or
Zoning Code and without appropriate standards, would result in a threat to public peace, health,
safety or welfare; and
2. That in the absence of objective standards applicable to lot splits and second dwelling units
created by SB 9, there is a current and immediate threat to the public peace, health, safety and
welfare; and
3.That the revisions to the OMC as set forth herein will help preserve the public peace,health,
safety and welfare; and
WHEREAS, the City finds that the provisions of this Urgency Ordinance are consistent
with the City of Orange General Plan; and
WHEREAS,this Ugency 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 XIX of this
Urgency Ordinance; and
WHEREAS, the City Council does therefore determine,by at least a four-fifths vote, that
this Urgency Ordinance is necessary for the immediate 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 adoption of this Urgency Ordinance.
SECTION II:
Section 16.08.O10.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
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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 Sectiori
17.13.040.GGG.1.
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.
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v. The parcel map conforms to all applicable objective
requirements of the Subdivision Map Act(commencing witli.Section 66410), except as otherwise
expressly provided in SB 9.
d. In furtherance of the intent of SB9 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.
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 SB 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 proj ect 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:
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:
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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 17.04.023 of the Orange Municipal Code, "Zoning — Definitions — "D"
Definitions,"is hereby ainended 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 VIII:
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 Properly.Line
de <
ac
Neighboring d o
J
LL
Property o o c,
a ' Flag Lot a
u c d
0
a u. a y
Side Property line
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SECTION IX:
Section 17.10.060.D.l.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 X:
Section 17.10.060.D.l.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 with access easements created to accommodate the construction of a single-
family dwelling in a single-family(R-1) district pursuant to SB 9.
SECTION XI:
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 XII:
Table 17.13.030 of the Orange Municipal Code, "Zoning — Master Land Use Table —
Permitted Uses,"is hereby amended to add the following:
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Table 17.13.030 Permitted Uses.
AGRICULTURA SAND
ZONIN RESIDENTIAL COMMERCIAL MIXED USE 1NDUSTRIA L P OVERLA &
G L OPEN SPACE I Y GRAVE
L
LAND R1 R1 R1 R2 R R M O CP/C CT C C C OTMU OTMU OTMU NMU UM M M2 A1 R S P FP- FP- SG
USE 5 -6 -20 -6 -3 -4 H P 1 R 2 3 R -155 -15 24 24 U 1 O H I 1 2
to to to
R- R- R2
15 14 -8
0
R1
R
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 defmitions
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 facili , residential facili , or lod in .
Single- P# P P P P P - P - P* P* P* P
family
dwelling
Single- P* P* P* - - - - - -
family
dwelling
created
pursuant
toSB9
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SECTION XIII:
Section 17.13.040 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) that is any of the following:
i.Either prime farmland or. farmland of statewide importance,
as defined pursuant to United States Department of Agriculture land inventory and monitoring
criteria,as modified for California,and designated on the maps prepared by the Farmland Mapping
and Monitoring Program of the Department of Conservation,. or land zoned or designated for
agricultural protection or preservation by a locai ballot measure that was approved by the voters
of that jurisdiction.
ii. Wetlands, as defined in the United States Fish and Wildlife
Service Manual, Part 660 FW 2 (June 21, 1993).
iii. Within a very high fire hazard severity zone, as determined
by the Department of Forestry and Fire Protection pursuant to Section 51178, or within a high or
very high fire hazard severity zone as indicated on maps adopted by the Department of Forestry
and Fire Protection pursuant to Section 4202 of the Public Resources Code. This subparagraph
does not apply to sites excluded from the specified hazard zones by a local agency, pursuant to
subdivision (b) of Section 51179, or sites that have adopted fire hazard mitigation measures
pursuant to existing building standards or state fire mitigation measures applicable to the
development.
iv. A hazardous waste site that is listed pursuant to Section
65962.5 or a hazardous waste site designated by the Department of Toxic Substances Control
pursuant to Section 25356 of the Health and Safety Code, unless the State Department of Public
Health, State Water Resources Control Board, or Department of Toxic Substances Control has
cleared the site for residential use or residential mixed uses.
v. Within a delineated earthquake fault zone as determined by
the State Geologist in any official maps published by the State Geologist, unless the development
complies with applicable seismic protection building code standards adopted by the California
Building Standards Commission under the California Building Standards Law (Part 2.5
commencing with Section 18901)of Division 13 of the Health and Safety Code), and by any local
building department under Chapter 12.2 (commencing with Section 8875) of Division 1 of Title
2.
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vi. Within a special flood hazard area subject to inundation by
the 1 percent annual chance flood (100-year flood) as determined by the Federal Emergency
Management Agency in any official maps published by the Federal Emergency Management
Agency. If a development proponent is able to satisfy all applicable federal qualifying criteria in
order to provide that the site satisfies this subparagraph arid is otherwise eligible for streamlined
approval under this section, a local government shall not deny the application on the basis that the
development proponent did not comply with any additional permit requirement,standard,or action
adopted by that local government that is applicable to that site. A development may be located on
a site described in this subparagraph if either of the followirig are met: (1)The site has been subject
to a Letter of Map Revision prepared by the Federal Emergency Management Agency and issued
to the local jurisdiction; or (2) The site meets Federal Emergency Management Agency
requirements necessary to meet minimum flood plain management criteria of the National Flood
Insurance Program pursuant to Part 59(commencing with Section 59.1) and Part 60 (commencing
with Section 60.1) of Subchapter B of Chapter I of Title 44 of the Code of Federal Regulations.
vii. Within a regulatory floodway as determined by the Federal
Emergency Management Agency in any official maps published by the Federal Emergency
Management Agency, unless the development has received a no-rise certification in accordance
with Section 60.3(d)(3)of Title 44 of the Code of Federal Regulations.If a development proponent
is able to satisfy all applicable federal qualifying criteria in order to provide tliat the site satisfies
this subparagraph and is otherwise eligible for streamlined approval under this section, a local
government shall not deny the application on the basis that the development proponent did not
comply with any additional permit requirement, standard, or action adopted by that local
government that is applicable to that site.
viii. Lands identified for conservation in an adopted natural
community conservation plan pursuant to the Natural Community Conservation Planning Act
Chapter 10 (commencing with Section 2800) of Division.3 of the Fish and Game Code), habitat
conservation plan pursuant to the federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531
et seq.), or other adopted natural resource protection plan.
ix. Habitat for protected species identified as candidate,
sensitive,or species of special status by state or federal agencies,fully protected species,or species
protected by the federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.), the
California Endangered Species Act (Chapter 1.5 (commencing with Section 2050) of Division 3
of the Fish and Game Code), or the Native Plant Protection Act (Chapter 10 (commencing with
Section 1900) of Division 2 of the Fish and Game Code).
x. Lands under conservation easement.
b.The proposed housing development would not require demolition or
alteration of any of the following types of housing:
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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.
ii. 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 Title 1 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.
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. Accessory Dwelling Units (ADUs) and/or Junior Accessory Dwelling
Units (JADUs) shall not be permitted in association with lots or units created pursuant to SB 9
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if three units on that lot would result. ADUs or JADUs existing on a lot shall preclude the ability
to construct a second unit or obtain an urban lot split pursuant to SB 9.
7. 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.
8. 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 tfie 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.
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 pro iding 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 minimurn 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
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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 XIV:
Section 17.14.060 of the Orange Municipal Code, "Zoning — Residential Districts —
Reserved,"is hereby replaced with the following:
17.14.060 -Units Created in a Single-family(1-1) Residential Zone Pursuant to SS 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:
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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. No Accessory Dwelling Units
or Junior Accessory Dwelling Units shall be allowed on property created or developed pursuant to
SB 9.
Table 17.14.060
RESIDENTIAL DEVELOPMENT STANDARDS FOR UNITS CREATED IN A SINGLE-
FAMILY (R-1) RESIDENTIAL ZONE PURSUANT TO SS 9
See next pageJ
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Table 17.14.060
RESIDENTIAL DEVELOPMENT STANDARDS FOR UNITS CREATED IN A SINGLE-FAMILY (R-1)
RESIDENTIAL ZONE PURSUANT TO SS 9
District Maximum Minimum Minimum Minimum Miniinum 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 (fl Space in Sq.
Ft. (a) whichever Ft.
height is less
All R1 2 1,200 a) 30 40 20 4 4 16' -1 story N/R(g) h)
districts
N/R=No re uirement
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.
fl 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.
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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 Maximum Unit
Feet 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
District
Usable Open
Space in Sq.
Ft. (c
R1-5 1,000 sf
R1-6 1,100 sf
R1-7 1;100 sf
Rl-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
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SECTION XV:
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 pageJ
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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. F#. (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.
ad 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
R1-40 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.
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SECTION XVI:
The first paragraph of Section 17.14.080 of the Orange Municipal Code, "Zonirig —
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 XVII:
The Sirigle=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 PARHING 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).
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 parking space, accessed by a 12 foot
wide 20 foot long driveway, shall be provided for parcels unless they are located
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. No parking space shall be
required for parcels 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.
SECTION XVIII:
Section 17.3 8.080 of the Orange Municipal Code,"Zoning—Nonconforming Uses—Urban
Lot Split(SB 9)Exception to Compliance(Nonconformities),"is hereby added to read as follows:
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
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toSB9.
SECTION XIX:
The .subject Urgency Ordinance is exempt from the provisions of the California
Environmerital 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 Urgency 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.
SECTION XX:
This Urgency Ordinance is intended to immediately supersede any existing provisions of
the Orange Municipal Code to the extent those existing provisions are inconsistent with this
Urgency Ordinance.
SECTION XXI:
If any section, subdivision, paragraph, sentence, clause or phrase of this Urgency
Ordinance is for any reason held to be invalid or unconstitutional, such decision shall not affect
the validity of the remaining portions of this Urgency Ordinance. The City Council hereby
declares that it would have passed this Urgency 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
uncoristitutional.
SECTION XXII:
In accordanee with Government Code 36937 and 65858,this Urgency Ordinance shall take
effect immediately in order to protect the public peace,health,safety and welfare of the community
and be in effect for forty-five (45) days from the date of adoption unless otherwise repealed or
extended.
SECTION XXIII:
A summary of this Urgency Ordinance shall be published once within fifteen (15) days
after this Urgency Ordinance is passed, 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 copy of the full text of such adopted Urgency Ordinance along with the names of those
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City.Council members voting for and against the Urgency Ordinance in accordance with
Government Code 36933.
ADOPTED this 14th day of December, 2021.
l/
Mark A. urphy, Mayor, City of Or n
ATTEST:
Pamela Coleman, City Clerk, City of Orange
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF ORANGE )
I, PAMELA COLEMAN, City Clerk of the City of Orange, California, do hereby certify
that the foregoing interim Ordinance was duly passed and adopted at the regular meeting of the
City Council held on the 14th day of December, 2021 by the following vote, to wit:
AYES: COLTNCILMEMBERS: Murphy,Nichols, Monaco, Barrios, Dumitru, Tavoularis,
Gutierrez
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
ABSTAIN: COUNCILMEMBERS: None
Pamela,Coleman, City Clerk, City of e
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