ORD-05-89 ADDING CERTAIN SUBSECTIONS GOVERNING THE CONDITIONS OF APPROVAL OF ACCESORY SECOND UNITS IN RESIDENTIAL ZONESORDINANCE NO. 5-
89 AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF ORANGE AMENDING CHAPTER 17.04
AND CHAPTER 17.10 OF THE ORANGE
MUNICIPAL CODE BY ADDING CERTAIN SUBSECTIONS
TO SAID CHAPTERS GOVERNING THE CONDITIONS
OF APPROVAL OF ACCESSORY SECOND UNITS
IN RESIDENTIAL
ZONES.BE IT HEREBY ORDAINED THAT the Orange Municipal Code
be amended as
follows:SECTION
I:That section 17.040.50 be amended by adding Subsection (D)
to read as
follows:section 17.04.050 (Dl -- Words. Terms and Phrases.
Dwellina. Accessorv Second Unit. An attached or detached
permanent residential unit which provides complete independent
living facilities for one or more persons on the same lot as an
existing single family dwelling is situated. For purposes of this
definition, "independent living facility" shall mean individual
unit consisting of living, sleeping, eating, cooking and sanitation
facilities with plumbing and electrical connections attached to an
outside system.
SECTION II.
That section 17.110.040 be amended to add Subsection (H) to
read as follows:
section 17.10.040 (Hl.
R-I-6 Uses Permitted Subiect to Conditional
Use Permit The following additional uses may be permitted subject
to the issuance of a conditional
use permit:H. Accessory Second Unit Housing subject to
the
following standards:1. That the lot contains one (I)
existing permanent single family dwelling unit, but shall in no
case be permitted where there is an existing guest
house, granny housing unit, maids quarters or similar
facility. Lots containing a mobile home, tent, trailer
or other temporary structure shall not be
considered for development of accessory second unit housing.
Said lot shall also be a minimum size as required by the
zone
or
larger.
2. That either the existing single family dwelling
unit, or the accessory second unit shall be occupied by
the owner of both units. The owner shall record an
agreement with the Orange County Recorder's office,
approved in form by the City Attorney, which shall set
forth the requirement of this section in addition to
other conditions of approval imposed by the Planning
Commission or the City Council on appeal or review.
3. That the accessory second dwelling unit or the
contiguous land area surrounding the unit shall not be
sold separately from the existing (main) dwelling unit,
but said second unit may be rented.
4. That the accessory second dwelling unit shall not
exceed a maximum floor area of 640 square feet and shall
contain a minimum floor area of 450 square feet.
5. That the accessory second dwelling unit may be
attached or detached but if detached shall not be
constructed less than 8 feet from the existing (main)
dwelling unit. If the accessory second unit is attached
to the primary residence, and any part of the accessory
second unit is created out of existing floor area, then
the size of the primary unit may not be reduced to a
floor area of less than 1,000 square feet. A mobile
home, tent, trailer or other temporary structure shall
not be used as an accessory second unit structure.
6. That any construction shall conform to Code
requirements of height, setback, lot coverage, local
building architectural compatibility standards, fees,
charges, and other zoning requirements applicable to
residential construction in the R-1-
6 zone.7. That materials, colors and design features
shall be compatible with the main structure.
Special landscape screening materials may be required to ensure
land
use compatibility.8. That two unenclosed parking spaces in excess
of the code parking requirement for the existing (
main) resi-dential use shall be required. That the
location and orientation of the required parking shall
be determined as sufficient by the Planning Commission or
City Council but in no manner shall such approval include
approval of tandem or parallel parking, nor shall anv
parkina space be located in a front setback or anv other
area between the public riaht of wav
and residence.9. That approval by the local health officer,
where a private sewage disposal system is being used,
shall be obtained prior to issuance of a
building permit.ORD. NO.
10. That accessory second unit housing 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.
11. That all such conditional use permits shall be
finally reviewed in a public hearing and approved by the
city Council after an initial public hearing before the
planning commission.
SECTION III:
That section 17.32.040 be amended to to add subsection (1) to
read as follows:
Section 17.32.040 II) -- R-3 Uses and Structures Permitted bv
Conditional Use Permit.
I. Accessory Second unit Housing subject to the following
standards:
1. That the lot contains one (1) existing permanent
single family dwelling unit, but shall in no case be
permitted where there is an existing guest house, granny
housing unit, maids quarters or similar facility. Lots
containing a mobile home, tent, trailer or other tempor-
ary structure shall not be considered for development of
accessory second unit housing. Said lot shall also be a
minimum size as required by the zone, or larger.
2. That either the existing single family dwelling unit
or the accessory second unit shall be occupied by the
owner of both units. The owner shall record an agreement
with the Orange County Recorder's Office, approved in
form by the City Attorney, which shall set forth the
requirement of this section in addition to other condi-
tions of approval imposed by the Planning commission or
the City Council on appeal or review.
3. That the accessory second dwelling unit or the
contiguous land area surrounding the unit shall not be
sold separately from the existing (main) dwelling unit,
but said accessory second unit may be rented.
4. That the accessory second dwelling unit shall not
exceed a maximum floor area of 640 square feet and shall
contain a minimum floor area of 450 square feet.
5. That the accessory second dwelling unit may be
attached or detached but if detached shall not be
constructed less than 8 feet from the existing (main)
dwelling unit. If the accessory second unit is attached
to the primary residence, and any part of the accessory
secondary unit is created out of existing floor area,
then the size of the primary unit may not be reduced to
3-ORD. NO. 5-
a floor area of less than 1,000 square feet. A mobile
home, tent, trailer or other temporary structure shall
not be used as an accessory second unit structure.
6. That any construction shall conform to code
requirements of height, setback, lot coverage, local
building architectural compatibility standards, fees,
charges and other zoning requirements applicable to
residential construction in the R-3
zone.7. That materials, colors, and design features shall
be compatible with the main structure. Special
landscape screening materials may be
required.8. That two unenclosed parking spaces in excess of
the code requirement for the existing (main) residential
use shall be required. That the location and orientation
of the required parking shall be determined as sufficient
by the Planning Commission or City Council but in no
manner shall include tandem or parallel parking, nor shall
any parking space be located in a front yard setback or
any other area between the public right of way and
residence.9. That approval of the local health officer, where
a private sewage disposal system is being used, shall
be obtained prior to issuance of a building
permit.10. That accessory second unit housing 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.11. That all such conditional use permits shall
be finally reviewed in a public hearing and approved by
the City Council after an initial public hearing before
the planning
commission.section
IV:A summary of this Ordinance shall be published and a
certified copy of the full text of this Ordinance shall be posted in
the Office of the city Clerk at least five (5) days prior to the
city Council meeting at which this Ordinance is to be adopted. A
sum-mary of this Ordinance shall also be published once within
fifteen 15) days after this Ordinance's passage in the orange City News,
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 Ordinance along with the names of those City Council members
voting or and against the Ordinance in accordance with Government
Code section 36933. This Ordinance shall take effect thirty (30)
days from and after the date of its final
passage.ADOPTED this 14th
daYOf~~Mayor of t e C ty of
Orange ORD.NO. 5-
ATTEST:
f!1ft~ J~ fie ~ci y Clerk f th ci of Orange
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF ORANGE )
I, MARILYN J. JENSEN, 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 28th day of February , 1989, and thereafter at the
regular meeting of said City council duly held on the 14th day
of March , 1989, was duly passed and adopted by the
following vote, to wit:
AYES:COUNCIL MEMBERS: STEINER, BARRERA, MAYOR SMITH, BEYER, COONTZ
NOES:COUNCIL MEMBERS: NONE
ABSENT:COUNCIL MEMBERS: NONE
1n~ic'~City Clerk of th citt'y of Orange
5-ORD. NO. 5-