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SR - ORD-02-17 - FIRST READING1. SUBJECT PUBLIC HEARING: Zone Change No. 1285 -17, Accessory Dwelling Unit Ordinance Amendment in Accordance with the Provisions of State Law 2. SUMMARY Staff proposes to amend the City's existing Accessory Dwelling Unit Ordinance in reaction to State Law. 3. RECOMMENDED ACTION (1) Find the Ordinance statutorily exempt from the provisions of the California Environmental Quality Act (CEQA) per State CEQA Guidelines Section 15282(h). (2) Approve First Reading of Ordinance No. 02 -17 amending Title 17 of the Orange Municipal Code to implement changes for accessory dwelling units in accordance with the provisions of state law. 4. FISCAL IMPACT None. 5. STRATEGIC PLAN GOAL(S) 1. Enhance and promote quality of life in the community 6. GENERAL PLAN IMPLEMENTATION Housing Element GOAL 2.0 Assist in the development of adequate housing to meet the needs of Low - and Moderate - Income households. GOAL 4.0 Address and, where legally possible, remove governmental constraints to the maintenance, improvement, and development of housing. Policy Action 7.0 Facilitate Infill Construction 7. DISCUSSION and BACKGROUND The City has existing provisions in the Orange Municipal Code (OMC) that allow for accessory dwelling units (ADUs) as required by State Law. In response to State Law changes that took effect January 1, 2017, the following OMC revisions related to ADUs are proposed: • Adding definitions • Clarifying processing procedures • Allowing for "efficiency units ", which have a minimum size of 150 square feet • Adding provisions pertaining to fire safety • Adding water connection fee restrictions • Clarifying existing OMC provisions pertaining to ADU setbacks and separation requirements • Adding exemptions from parking requirements for ADU's in the following situations: (1) The ADU is located within one -half mile of public transit. (2) The ADU is located within an architecturally and historically significant historic district. (3) The ADU is part of the existing primary residence or an existing accessory structure. (4) When on- street parking permits are required but not offered to the occupant of the ADU. (5) When there is a car share vehicle located within one block of the ADU. • Modifying the list of permitted uses to allow for ADUs on single - family residential zoned properties only ITEM 2 04/11/17 A "clean copy" of the revised Code is provided as Attachment 1, with a "track changes" version provided as Attachment 2. A detailed discussion of the Code revisions is presented in the Planning Commission staff report, provided as Attachment 5. Planning Commission Recommendation The Planning Commission conducted a public hearing for the proposed Ordinance on February 22, 2017. No public speakers spoke on the item. The Commission recommended City Council approval of the proposed Ordinance by a vote of five in favor and none opposed. The Planning Commission staff report and meeting minutes are provided as Attachments 4 and 5 to this report. Public Notice Per OMC requirements, a Planning Commission public hearing Notice was published in the Orange City News on February 8, 2017. A City Council public hearing Notice was published in the Orange City News on March 29, 2017. 8. ATTACHMENTS 1. Ordinance No. 02 -17 (clean copy) 2. Ordinance No. 02 -17 (redline copy) 3. Planning Commission Resolution No. 03 -17 4. Planning Commission Minutes, February 22, 2017 5. Planning Commission Staff Report, February 22, 2017 ORDINANCE NO. 02-17 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ORANGE AMENDING VARIOUS SECTIONS OF TITLE 17 OF THE ORANGE MUNICIPAL CODE TO IMPLEMENT CHANGES FOR ACCESSORY DWELLING UNITS IN ACCORDANCE WITH THE PROVISIONS OF STATE LAW WHEREAS, effective January 1, 2017, pursuant to AB 2299, California Government Code Section 65852.2, was amended governing regulations as they relate to second units, or accessory dwelling units; and WHEREAS, the City's municipal code sections regulating accessory dwelling units has not been amended since 2003; and WHEREAS, the revisions under AB 2299 result in various provisions of the existing municipal code to be inconsistent with state law; and WHEREAS, the City desires to update its current code regarding accessory dwelling units to comply with state law and clarify any development standards or limitations for accessory dwelling units in single family zoning districts; and WHEREAS, the ordinance amendments are statutorily exempt pursuant to California Environmental Quality Act ( "CEQA ") Guidelines Section 15282(h) because they were adopted by the City to implement the provisions of California Government Code Section 65852.2. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ORANGE DOES HEREBY ORDAIN AS FOLLOWS: SECTION I: Section 17.04.020 is amended to read as follows: 17.04.020 - "A" Definitions. ACCESSORY DWELLING UNIT —An attached or detached permanent residential unit which provides complete independent living facilities for one or more persons on the same lot upon which an existing single- family dwelling is situated. For purposes of this definition, "independent living facility" shall include permanent provisions for living, sleeping, eating, cooking and sanitation facilities with plumbing and electrical connections attached to an on -site system. Such unit shall contain a maximum floor area of six hundred forty (640) square feet. An accessory dwelling unit also includes the following: ATTACHMENT NO. 1 ZONE CHANGE 1285 -17 ORD. NO. 02-17 (CLEAN COPY) APRIL 11, 2017 CC MTG.