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.