HomeMy WebLinkAboutORD 07-26 AMENDING TITLE 17 OF THE OMC TO COMPLY WITH STATE LAW REGARDING RESIDENTIAL CARE FACIITIES (HEALTH AND SAFETY CODE SECTIONS 1267.16 AND 1500-1569.889)ORDINANCE NO. 07-26
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF ORANGE AMENDING TITLE 17 OF THE
ORANGE MUNICIPAL CODE TO COMPLY WITH
STATE LAW REGARDING RESIDENTIAL CARE
FACILITIES (HEALTH AND SAFETY CODE
SECTIONS 1267.16 AND 1500-1569.889)
WHEREAS,the City of Orange 2021-2029 Housing Element was adopted by City Council
on October 20, 2023, and the California State Department of Housing and Community
Development found the Housing Element in substantial compliance with State Housing Element
Law on January 2, 2024; and
WHEREAS,the 2021-2029 Housing Element,Housing Plan Program 4F,states"The City
will amend the Orange Municipal Code to be compliant with State law regarding residential care
facilities serving seven(7) or more persons in all residential zones, as well as ensure barrier-free
housing choices for persons with disabilities." (Sections 1267.8, 1566.3, 1568.0831 of the
California Health and Safety Code); and
WHEREAS, Health and Safety Code Sections 1267.16, 1566.3, 1568.0831 require local
governments to treat licensed group homes and residential care facilities with six or fewer residents
no differently than other by-right single-family housing uses, and that Local agencies must allow
these licensed,residential-care facilities in any area zoned for residential use, and may not require
licensed, residential-care facilities for six residents or less to obtain conditional use permits or
variances that are not required of other family dwellings; and
WHEREAS, the Health and Safety Code provides that Residential Care Facilities
operating as single-family residences that provide licensable services to more than six residents
may be subject to conditional use or other discretionary approval processes; and
WHEREAS,the Health and Safety Code states that for the purpose of all local ordinances,
a residential care facility that serves six or fewer persons shall not be included within the definition
of a boarding house, rooming house, institution, guest home,rest home, community residence, or
other similar term that implies that the residential care facility is a business run for profit or differs
in any other way from a family dwelling; and
WHEREAS, the Health and Safety Code provides regulations for family day care home
facilities for both small and large, and has updated operation regulations; and
WHEREAS, the City of Orange seeks to comply with these statutory provisions by
amending the Orange Municipal Code(OMC) to appropriately classify and allow residential care
facilities in applicable zoning districts and update family day care facilities consistent with state
law; and
WHEREAS, the Planning Commission having considered the proposed revisions to the
OMC at a public hearing held on February 19, 2026, including review of the staff report, and
having received public testimony on the item, and adopted Planning Commission Resolution No.
06-26 recommending that the City Council approve the proposed amendments to Title 17,Chapter
17.13 of the Orange Municipal Code; and
WHEREAS, the City Council, having now considered the proposed changes to the OMC
at a public hearing held on May 26,2026,including review of the staff report,and having received
public testimony on the item, desires to adopt the Proposed Ordinance.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ORANGE DOES
ORDAIN AS FOLLOWS:
SECTION I:
The recitals stated above are true and correct, incorporated herein, and with the public
record, form the basis for this Ordinance.
SECTION II:
Section 17.04.022 of the Orange Municipal Code, "Zoning — Definitions — "C"
Definitions,"is hereby amended to delete the following definitions:
Community Care Facility"means any facility, place or building where non-medical care
and supervision are provided for seven or more persons(does not include the licensee or members
of the licensee's family or persons employed as facility staff).
Convalescent facility"means a use providing bed care and in-patient services for persons
requiring regular medical attention, and persons aged or infirm unable to care for themselves,
excluding surgical or emergency medical services.
Convalescent hospital" means a facility providing long-term nursing, dietary and other
medical services to convalescents or invalids but not providing surgery or primary treatments such
as are customarily provided in a hospital. A convalescent hospital must be licensed by the State as
such.
SECTION III:
Section 17.04.023 of the Orange Municipal Code, "Zoning — Definitions — "D"
Definitions,"is hereby amended to revise the following definition:
Day care center"means any facility which provides non-medical care for an individual
on less than a 24 hour basis including child day care centers. Day care centers are separate and
distinct from Family day care homes, see definition of Family day care homes, small and large.
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Section 17.04.023 of the Orange Municipal Code, "Zoning — Definitions — "D"
Definitions,"is hereby amended to delete the following definition:
Day nurseries"means a facility where children are temporarily cared for in their parents'
absence when and if there is provided on the lot or adjacent to the premises a play lot completely
fenced, and containing an area of not less than 900 square feet, plus an additional 50 square feet
for each child in excess of nine children and subject to all safety precautions as required by the
Fire Department and Building Division.
SECTION IV:
Section 17.04.025 of the Orange Municipal Code, "Zoning — Definitions — "F"
Definitions,"is hereby amended to revise the following definitions as follows:
Family" means one or more persons living together as a single housekeeping unit in a
dwelling unit. This includes,but is not limited to, licensed residential care facilities serving six or
fewer persons, as defined by state law. The term"family" shall not be limited by the presence of
non-related individuals or the existence of a legal guardianship or other legal relationship.
Family day care homes,large"means a single-family dwelling with the accessory daytime
care of nine to 14 children. Pursuant to California Health and Safety Code §1597.40-1597.46
must be considered a residential use of property provided they meet zoning requirements.
Family Day Care, Small" means a single-family dwelling with the accessory daycare of
up to eight children. Pursuant to California Health and Safety Code §1597.40-1597.46 must be
considered a residential use of property and is permitted by right.
SECTION V:
Section 17.04.026 of the Orange Municipal Code, "Zoning — Definitions — "G"
Definitions,"is hereby amended to revise the following definition as follows:
Group home" means a residential facility that provides 24-hour care and supervision to
children, delivered at least in part by staff employed by the licensee in a structured environment.
The care and supervision provided by a group home shall be nonmedical, except as otherwise
permitted by law.
SECTION VI:
Section 17.04.033 of the Orange Municipal Code, "Zoning — Definitions — "N"
Definitions,"is hereby amended to delete the following definition as follows:
Nursing home" means an extended or intermediate care facility licensed or approved to
provide full-time convalescent or chronic care to individuals who, by reason of advanced age,
chronic illness or infirmity, are unable to care for themselves. (Ord. 20-82; Ord. 12-95)
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SECTION VII:
Section 17.04.037 of the Orange Municipal Code, "Zoning — Definitions — "R"
Definitions,"is hereby amended to revise the following definition as follows:
Residential Care Facility"means any family home, group care facility, or similar facility
determined by the department,for 24-hour nonmedical care of persons in need of personal services,
supervision,or assistance essential for sustaining the activities of daily living or for the protection
of the individual.
Section 17.04.037 of the Orange Municipal Code, "Zoning — Definitions — "R"
Definitions,"is hereby amended to delete the following definition as follows:
Rest home" means an extended or intermediate care facility licensed or approved to
provide full-time convalescent or chronic care to individuals who, by reason of advanced age,
chronic illness or infirmity, are unable to care for themselves.
SECTION VIII:
Section 17.04.038 of the Orange Municipal Code, "Zoning — Definitions — "S"
Definitions,"is hereby amended to add the following definition as follows:
Skilled Nursing Facility"means a healthcare facility that provides 24-hour skilled nursing
care and related services for individuals who require medical or nursing care, or rehabilitation
services. These facilities are designed to help patients recover after a hospital stay for an illness or
injury, or to provide ongoing care for those with chronic illnesses or disabilities.
Section 17.04.038 of the Orange Municipal Code, "Zoning — Definitions — "S"
Definitions,"is hereby amended to delete the following definitions as follows:
Sanitarium, health" means an institution where patients, other than the mentally
disoriented or mentally incompetent, are housed and where medical or post-surgical treatment is
provided.
Sanitarium, mental" means an institution for the recuperation and treatment of the
mentally disordered, mentally incompetent or victims of drug addiction.
SECTION IX:
Title 17, Section 17.13.040 of the Orange Municipal Code is hereby amended to revise the
following as follows:
NN. Large-Family Day Care Homes. Large-family day care homes are subject to the
following:
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1. The business shall be operated in a single-family residence on property residentially
zoned.
2. The City noise ordinance in Chapter 8.24 shall be complied with at all times.
3. Two enclosed parking spaces shall be maintained for parking purposes only.
4. The facility shall be licensed by the State Department of Social Services.
5. The facility shall comply with State Fire Marshal standards for large-family day care
facilities.
6. No signs advertising the business shall be allowed.
7. Compliance with all development standards for single-family residential structures is
required.
8. A site plan identifying pedestrian access to and from loading area shall be submitted.
SECTION X:
Title 17, Section 17.13.040 of the Orange Municipal Code is hereby amended to add the
following:
KKK. Reserved for Future Section.
LLL. Residential Care Facilities. Residential Care Facilities may occur in residential zones
as specified in Table 17.13.030 pursuant to the following:
1. Purpose. The purpose of this section is to bring the Orange Municipal Code into
compliance with the California Community Care Facilities Act (Health and Safety
Code Sections 1500-1569.889) by clarifying the regulation of Residential Care
Facilities. In the event of any inconsistency or conflict between the provisions of this
code and state law, the provisions of state law shall prevail and be controlling.
2. Residential Care Facilities that do not provided licensable services. Group homes
that operate as single-family residences and that do not provide licensable services shall
be considered a residential use of property by a single family.
3. Residential Care Facilities for Six or Fewer Persons. In accordance with Health and
Safety Code Section 1566.3 and 1568.0831, a Residential Care Facility that provides
licensable services to six or fewer persons shall be considered a residential use of
property by a single family. Such housing shall be permitted in all zones that allow
residential uses, subject to the same standards and restrictions applicable to other
residential dwellings of the same type in the same zone. In addition:
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a. The residents and operators of the facility shall be considered a family for the
purposes of any law or zoning ordinance that relates to the residential use of
property pursuant to this chapter.
b. A residential care facility that serves six or fewer persons shall not be included
within the definition of a boarding house, rooming house, institution, guest home,
rest home, community residence, or other similar term that implies that the
residential care facility is a business run for profit or differs in any other way from
a family dwelling.
4. Residential Care Facilities for Seven or More Persons. A Residential Care Facility
that provides licensable services to seven or more persons shall require approval of a
conditional use permit, and shall be subject to the applicable zoning, permitting, and
conditional use requirements of the underlying zone, consistent with all local and state
housing laws.
5. Heath and Safety Requirements. All Residential Care facilities, licensed and un-
licensed must comply with applicable code requirements including but not limited to,
building code,health and safety code, and fire code.
SECTION XI:
Title 17, Section 17.13.050 of the Orange Municipal Code is hereby amended to delete W.
Family Day Care Home—Large(Seven to 12 Children), and is replaced as follows:
W. Reserved for Future Section.
SECTION XII:
Table 17.13.030, of the Orange Municipal Code, "Zoning—Master Land Use Table—
Care Facility,"is hereby amended to be revised to the following:
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MED
AGRICULTU SAN
ZONING RESIDENTIAL COMMERCIAL MIXED USE INDUS RAL p OVERL D&
TRIAL OPEN I AY GRA
SPACE
VEL
LAND USE pzi d ;n z xi ;n xi 4 O n n n n n O O O z 4 4 y d
7
H H 7
cis ' O ;C1 - N oo O,
w x
N '
a a a
a N O x
N
p R° O p 5 5 N
u VI
Care facility—Includes uses that provide for non-24-hour care of children, elderly, or developmentally disabled persons.
Day Care C P P PP - CC C C C - - - - - - - - -
Center
incudes
child,
elderly, or
disabled
Day Care C C C C CCCCCCCC - C C C C CCCC - - C - - -
Center in
conjunction
with a
church or
school or
other similar
institutional
use
7
1111111.
AGRICULTU SAN
ZONING RESIDENTIAL COMMERCIAL MIXED USE INDUS RAL p OVERL D&
TRIAL OPEN I AY GRA
SPACE VEL
LAND USE in O n n c n - O O O z 4 4 Y 0 b ii CA
N d `S7 -] W y 17
tip n O 4, N oo O
W x N
4 4 4 `
v, v, 4
Family Day P P P P PPP P P P
Care homes,
small (up to
eight
children)
Family Day P P* P* P* P P P P P* P
Care homes, *
large (9-14
children)
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,eongregate;residence, multi-family, dormitory, home(s), hotel, motel, residential care facility, residential facility, or
lodging.
Residential P P* P* P* P* P* P* - - - - - - P* P* P* P* P* - - - - - - - - -
Care
Facility
all
unlicensed
facilities, or
8
MED
AGRICULTU SAN
ZONING RESIDENTIAL COMMERCIAL MIXED USE INDUS RAL p OVERL D&
TRIAL OPEN I AY GRA
SPACE
VEL
LAND USE 7c pc, zppci z :n 4 O n n n n n O O O Z 4 4 a 7 va b '71V)
w A x b d H N w H H H 4 4 -• N 0 x
A n ;b N 00 CT n
o o o C C C N
licensed
care facility
for 6 or
fewer
persons
Residential C C C C CCC - - - - - - C C C C C - - - - - - - - -
Care
Facility
licensed
care facility
for 7 or
more
persons
Congregate P P t- t- P P t- - - - - - - - - - P P - - - - - - - -
eare
assisted
home-health
facility (6 or
fewer
persons)
9
4111111. alp
AGRICULTU SAN
ZONING RESIDENTIAL COMMERCIAL MIXED USE INDUS RAL p OVERL D&
TRIAL OPEN I AY GRA
SPACE VEL
LAND USE ;d in 4 O n n n o n o O O Z 4 4 Y c) -d 4 4 `6)
to n 7 A N jo O
w x
4 4 4
7
N
2,
o C N
Convalesce -
Facility,
spilled
nursing
facility
Convalesce - - G G - G G C C C - - - - - - - - - - - - - - -
Home for P 1- I- 1- 1 1- 1- - - - - - - - - - - - - - - - - - - - -
elderly, or /
mentally,
Of
PhYsieallY
disabled
persons
6 or fewer
persons
10
ON. 41111.10
AGRICULTU SAN
ZONING RESIDENTIAL COMMERCIAL MIXED USE INDUS RAL p OVERL D&
TRIAL OPEN I AY GRA
SPACE
VEL
LAND USE pzJz X) X X 4 O n n n n n O O O z C a 7 vs
N.) ,, p x "o G -3 N w 7 -3 .-3 -3 4 4 N - O U ;d
cn n ;b N oo n 4 44 cc N
o o o 7 c
N
Vi C1i
Residentialtial - -
Structure
Rest Home -C C CCCCC - - - - - - - - - - - - - - -
Skilled
Nursing
Facility
Sanitarium - -
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SECTION XIII:
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
Skilled 1 space per 4 beds.
nursing
facility
Residential Residential Care Facilities (all unlicensed facilities, or licensed care facility for
Care Facility 6 or fewer persons) are treated as a residential use as required by state law, and
all are to be parked at the same parking requirements as a single-family home.
unlicensed
facilities, or
licensed care
facility for 6
or fewer
persons
Residential 1 space per 3 beds or approval of a Conditional Use Permit for an alternate rate
Care Facility based on a Parking Demand Study. An Overflow Parking Plan may be required
7 or more) as part of a conditional use permit.
Independent 1 enclosed or covered space per unit,plus 1 space per 10 units for guests.
facility
SECTION XIV:
This ordinance is exempt from the requirements of the California Environmental Quality
Act (CEQA) pursuant to CEQA Guidelines Section 15061(b)(3) (Common Sense Exemption),
because it can be seen with certainty that there is no possibility that the ordinance may have a
significant effect on the environment. The proposed amendments do not significantly increase the
potential(in manner or degree) for future development,beyond what is currently permitted by the
City of Orange Zoning Code. Therefore, the project would not result in a direct or reasonably
foreseeable indirect physical change in the environment.
SECTION XV:
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,
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irrespective of the fact that any one (or more) section, subdivision, paragraph, sentence, clause or
phrase had been declared invalid or unconstitutional.
SECTION XVI:
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 9th day of June, 2026.
aniel R. Slater, Mayor, City of Orange
Pamela Coleman, City Clerk, City of Orange
APPROVED AS TO FORM:
Nathalie Adourian, Ci ttorney, 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 Ordinance was introduced at the regular meeting of the City Council held on the
26th day of May, 2026, and thereafter at the regular meeting of said City Council duly held on the
9th day of June, 2026 was duly passed and adopted by the following vote, to wit:
AYES: COUNCILMEMBERS: Bilodeau, Barrios, Dumitru, Tavoularis, Gutierrez,
Gyllenhammer, Slater
NOES: COUNCILMEMBERS: None
DaG,14-ec,ry
ABSENT: COUNCILMEMBERS: None
Pamela Coleman, City Clerk, City of Orange
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