HomeMy WebLinkAboutORD 20-24 UPDATING ADU PROVISIONSORDINANCE NO. 20-24
AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF ORANGE AMENDING TITLE 17 OF
THE ORANGE MUNICIPAL CODE UPDATING
ACCESSORY DWELLING UNIT PROVISIONS OF
THE ORANGE MUNICIPAL CODE IN RESPONSE
TO CHANGES IN STATE LAW AND GUIDANCE
FROM THE DEPARTMENT OF HOUSING AND
COMMUNITY DEVELOPMENT
WHEREAS, in 2019, the State Legislature enacted new laws related to Accessory
Dwelling Units ("ADUs") and Junior Accessory Dwelling Units ("JADUs"), formerly known as
second units" or "granny flats, including Assembly Bills ("AB") 68, 881, 587, 670 and Senate
Bill("SB") 13; and
WHEREAS, in enacting new laws, the Legislature aimed to address barriers to the
development of ADUs and JADUs that may occur under existing local ordinances and establish
certain minimum standards for approving such dwelling units, and
WHEREAS,on or about April 13,2021,the City adopted Ordinance No. 03-21 codifying
rules and regulations pertaining to ADUs and JADUs in accordance with State law mandates at
that time and in efforts to address California's continuing housing crisis; and
WHEREAS, since 2020, the Legislature has made numerous changes to ADU law, as
contained in, but not limited to, AB 671, 976, AB 897, 1332, 1033, which have made both
substantive and non-substantive changes to the ADU and JADU laws; and
WHEREAS, the State Legislature also recently re-codified ADU laws from Government
Code Sections 65852.2, et. seq. to Government Code Section 66310, et. seq.; and
WHEREAS, staff has reviewed Chapter 17.29 of the Orange Municipal Code ("OMC"),
the Chapter enacted to comply with ADU laws, and has proposed numerous changes in order to
be consistent with new State laws and Housing and Community Development Department
HCD")guidance; and
WHEREAS, the Planning Commission, having considered the proposed changes to the
OMC at a public hearing held on May 6,2024, and having received public testimony on the item,
determined the proposed ordinance serves the City's best interests and furthers the public health,
safety and general welfare; and
WHEREAS, the City Council now desires to revise OMC Chapter 17.29 to be consistent
with the most recent changes to State law regarding ADUs and JADUs and HCD guidance and to
make further clarifications consistent with State law in order to ensure the City's continued
compliance with the letter and spirit of ADU laws.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ORANGE DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION I:
This ordinance is statutorily exempt under the California Environmental Quality Act
CEQA") pursuant to Public Resources Code Section 21080.17 and Title 14, California Code of
Regulations Section 15282(h) which exempts adoption of an ordinance regarding second units to
implement provisions of Sections 66310, et. seq. of the Government Code
SECTION II:
Section 17.29.030(H) is hereby added to read:
H. A deed restriction shall only be required for JADUs, in accordance with Section 17.29.200,
and shall not be required for ADUs.
SECTION III:
Subsection A of Section 17.29.040 (Location and Number of ADUs and JADUs Permitted) shall
be amended to read as follows:
A. Allowable Location and Number of JADUs.
1. JADUs are allowed only within the livable area of an existing or proposed single-family
dwelling, or existing attached garage of a single-family dwelling.
2. One JADU is permitted per lot, if all of the following apply:
a. No expansion of the single-family dwelling or garage footprint shall occur to
facilitate JADU construction.
b. The JADU shall comply with the requirements of Government Code Section
66333, Health and Safety Code Section 17958.1, and the California Building
Code including:
i. Prior to occupancy, the JADU shall have a recorded deed restriction,
satisfactory to the City and be filed with the City,that prohibits the sale of the JADU
separate from the sale of the single-family residence except as provided by
Government Code Section 66333 and shall include a statement that the deed
restriction may be enforced against future purchasers and shall run with the land.
ii. The JADU shall be restricted to the size and attributes shown on plans
approved with the building permit.
iii. JADU occupancy shall be limited to no more than two persons consistent
with California Health and Safety Code Section 17958.1.
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iv. The JADU shall be constructed entirely within the walls of the proposed or
existing single family residence and may be located within an attached garage but
may not be in any other accessory structure.
v. The JADU shall include exterior access separate from the main entrance to the
proposed or existing single-family residence.
3. The JADU shall, at a minimum, include all the following:
a. An efficiency kitchen with a cooking facility and appliances.
b. A food preparation counter and storage cabinets that are of reasonable size in
relation to the size of the JADU.
c. A separate closet.
d. Light and ventilation conforming to the California Building Code.
e. Either a separate bathroom containing a water closet, lavatory, and bathtub or
shower or direct access to such facilities in the existing single-family residence.
SECTION IV:
Section 17.29.055 is hereby added to read:
17.29.055 ADUs and Historic Preservation
A. The City may apply design standards on ADUs to prevent adverse impacts on any real
property that is listed in the California Register of Historical Resources.
B. ADUs in a historic district, and individually listed historic properties outside of a historic
overlay district, are subject only to the applicable design standards for that property or district to
the extent permitted by State law and any other appropriate objective design standards contained in
this Code.
C. Garage doors on contributing structures in the historic districts and on individually listed
historic resources shall be preserved in place but finished so that they are inoperable. Non-
contributing garages and accessory structures with non-historic doors,including garage doors,may
be replaced with a compatible door style or infilled in the original opening,provided that a historical
assessment acceptable to the Community Development Director confirms that the garage or
accessory structure is not eligible for listing as a contributing structure.
SECTION V:
Subsection B of Section 17.29.080(ADU Setbacks) shall be amended to read as follows:
B. ADUs of 800 Square Feet or Less.
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1. Setbacks of no more than four feet from the side and rear lot lines shall be required for
an ADU that is not converted from an existing structure or a new structure constructed in the
same location and to the same dimensions as an existing structure.
2. Front setbacks shall be pursuant to the setback for the zoning district,except that setback
requirements will not be applied to prohibit ADU construction where there is no other feasible
alternative to allow for construction of an 800 square feet ADU that meets height limits and
complies with the four-foot side and rear yard setback requirements.
3. An Administrative Adjustment may not be granted to lessen required setbacks.
SECTION VI:
Section 17.29.090(ADU and JADU Design Standards) shall be amended to read as follows:
17.29.090 ADU and JADU Design Standards
A. The City may impose standards, including, but not limited to, design and development
standards, on ADUs, to the extent permitted by State law.
B. No provisions applied to ADUs, including, but not limited to, design and development
standards, shall be so arbitrary, excessive,or burdensome so as to unreasonably restrict the ability
of a homeowner to create accessory dwelling units in zones in which they are authorized.
C. An ADU or JADU that complies with the requirements of State law shall be subject only to
objective design and development standards contained in or referenced by this Code, including,
but not limited to,the following:
1. 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 palette. Firewalls are not exempt from the required design elements.
2. 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.
3. 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.
4. 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.
5. 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
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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.
6. 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.
7. 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.
8. Classical window proportions shall be provided such as 2:1, 3:2, or 4:3.
9. 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.
10. For all new construction ADUs, roof forms and pitch shall match the principal
residence,except that,if the roof pitch cannot match the principal residence,the pitch shall
be constructed and maintained consistent with the architectural style of the primary
residence.
SECTION VII:
A new Section 17.29.095 (Height Limits)is hereby added to read as follows:
17.29.095 Height Limits
A. 16 feet for detached ADUs.
B. 18 feet for detached ADUs on a lot within one-half mile of a major transit stop or transit
corridor as defined by State law. An allowance of two additional feet may be allowed to
accommodate a roof pitch that is aligned with the principal residence.
C. 18 feet for detached ADUs on a lot with an existing or proposed multi-family, multi-story
residence.
D. 25 feet or the height limit for the underlying zone classification, whichever is lower, for
ADUs that will be attached to the principal residence. The ADU shall not exceed two stories in
height.
SECTION VIII:
Section 17.29.110 (Number of Bedrooms)is hereby deleted.
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SECTION IX:
Subsection E to Section 17.29.130 is hereby added as follows:
C. The foregoing parking standards are not intended to prohibit ADUs on the same lots that new
single- and/or multi-family dwelling units are being proposed, provided that the ADU meets all
other specified requirements.
SECTION X:
Section 17.29.150 is hereby deleted.
SECTION XI:
Section 17 .29.200 Deed Restriction Required for JADU.
Recordation of a deed restriction, approved as to form by the City Attorney, shall be required for
a JADU and shall:
A. Run with the land.
B. Be filed with the City after recording.
C. Prohibit the sale of the JADU separate from the sale of the primary dwelling.
D. Include a statement that the deed restriction may be enforced against future purchasers.
E. Deed restrictions for JADUs shall restrict the size and attributes as stated in the permit.
SECTION XII:
To the extent required to implement the provisions of this Ordinance, City staff is directed
to modify any Administrative Policies in conflict herewith and return to the City Council for any
City Council approvals deemed necessary.
SECTION XIII:
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 Ordinance. The City Council hereby declares that it would have passed
this 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.
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SECTION XIV:
The City Clerk is hereby directed to certify the adoption of this Ordinance and cause the
same to be published as required by law. This Ordinance shall take effect thirty (30) days from
and after the date of its final passage.
ADOPTED this 23rd day of July, 2024.
niel R. Slater, Mayor, City of Orange
ATTEST:
Pamela Coleman, City Clerk, City of Orange
APPROVED AS TO FORM:
Ue—u
Mike Vigliotta, City Attorney
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 Ordinance was introduced at the regular meeting of the City Council held on the
25th day of June,2024, and thereafter at the regular meeting of said City Council duly held on the
23rd day of July, 2024 was duly passed and adopted by the following vote, to wit:
AYES: COUNCILMEMBERS: Slater, Barrios, Dumitru, Tavoularis, Gyllenhammer
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Bilodeau, Gutierrez
ABSTAIN: COUNCILMEMBERS: None
Pamela Coleman, City Clerk, City of Orange
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