02-22-17 Accessory Dwelling Unit Ordinance Amendment City wide
TO: Chair Gladson and
Members of the Planning Commission
THRU: Anna Pehoushek, Assistant Director
FROM: Chad Ortlieb, Senior Planner
SUBJECT
PUBLIC HEARING: Zone Change No. 1285-17, Accessory Dwelling Unit Ordinance Amendment
in Accordance with the Provisions of State Law
SUMMARY
Staff proposes to amend the City’s existing Accessory Dwelling Unit Ordinance in order to comply
with State Law.
RECOMMENDED ACTION
Adopt Planning Commission Resolution No. 03-17 entitled:
A RESOLUTION OF THE PLANNING COMMISSION RECOMMENDING
THAT THE CITY COUNCIL APPROVE 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
AUTHORIZATION/GUIDELINES
Orange Municipal Code (OMC) Sections 17.08.020B.2.b.i. and 17.10.020B. authorize the Planning
Commission to review and make a recommendation to the City Council for zoning ordinance
amendments.
Planning Commission
Agenda Item
February 22, 2017
Planning Commission Staff Report
February 22, 2017
Page 2
PUBLIC NOTICE
On February 9, 2017, the City published notice of the Planning Commission’s consideration of the
proposed ordinance on 1/8 page of the Orange City News newspaper.
ENVIRONMENTAL REVIEW
Statutory Exemption: The proposed project is statutorily exempt from the provisions of the
California Environmental Quality Act (CEQA) per State CEQA Guidelines Section 15282(h) because
the project is the adoption of an ordinance regarding accessory dwelling units in single-family zones
pursuant to Section 65852.2 of the Government Code. No public review is required.
No public comments have been received as of the date of staff report preparation. Any subsequent
comments received will be forwarded to the Planning Commission as they are received.
PROJECT BACKGROUND
On May 27, 2003, the City Council adopted Ordinance 8-03 to establish provisions for accessory
dwelling units (ADUs) required by then amended Sections 65583.1, 65852.2, and 65915 of the
Government Code as required by the passage of Assembly Bill 1866. The Code allows ADUs in
single-family and multiple-family residential zoning districts provided that the lot is occupied by only
a single-family residence. ADUs are allowed by right in all residential zoning districts as a
“ministerial” matter.
Beginning in 2017, State Law was amended with regard to certain provisions pertaining to ADUs
necessitating an update to the OMC. The intent of the change in State law was to remove barriers and
provide greater flexibility in allowing for ADUs in order to provide greater housing supply options.
The proposed Code changes are intended to comply with these new State requirements.
PROJECT DESCRIPTION
The City has existing provisions in the Orange Municipal Code (OMC) that allow for ADUs as
required by State Law. To respond to State law changes, Planning Division staff and the City
Attorney’s Office have crafted proposed OMC revisions. Proposed text changes necessitated by State
law include:
adding definitions
clarifying processing procedures
providing for efficiency units
adding restrictions pertaining to fire safety
adding water connection fee restrictions
clarifying existing OMC provisions pertaining to accessory dwelling unit setbacks and
separation requirements; and
adding parking exemptions.
Planning Commission Staff Report
February 22, 2017
Page 3
The proposed Code revisions addressing these items are presented in Attachments 1 and 2 to the staff
report (the Draft City Council Ordinance No. 02-17 - clean copy and track changes version,
respectively). There are three items that represent the most significant changes to long-standing City
policy that warrant highlighting, as follows.
Efficiency Units
Under State Law, the City cannot prohibit efficiency units, as defined by the Health and Safety Code,
which are a minimum of 150 square feet. Presently, the Code defines an ADU as being between 450
square feet and 600 square feet in size. Therefore, the proposed ordinance provides for the Community
Development Director to authorize efficiency units when all other development standards, such as
setbacks, are met.
Parking
Presently, the Code requires one open parking space to be provided for an ADU. State Law now
requires that the City waive parking requirements for accessory dwelling units in the event any of the
five scenarios exist:
(1) The accessory dwelling unit is located within one-half mile of public transit.
(2) The accessory dwelling unit is located within an architecturally and historically significant
historic district.
(3) The accessory dwelling unit 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 accessory
dwelling unit.
(5) When there is a car share vehicle located within one block of the accessory dwelling unit.
Staff is proposing to amend the OMC to require the applicant to demonstrate to the Community
Development Director that one or more of the five criteria apply before the parking waiver is applied.
If the waiver does not apply, staff will continue to require one uncovered parking space for an ADU.
Accessory Dwelling Units on Single-Family Residential Zoned Lots
The Code currently allows accessory dwelling units for properties with single-family and multiple-
family residential zoning but are only occupied with a single-family residence. The amended State
law allows the City to designate which zones are most appropriate for accessory dwelling units. Given
the parking waiver mandated for accessory dwelling units, staff is proposing to eliminate the potential
for accessory dwelling units to occur on multiple-family residential zoned properties as a means of
limiting the effects of the mandated parking waivers on on-street parking.
Planning Commission Staff Report
February 22, 2017
Page 4
APPLICATION(S) REQUESTED/ REQUIRED FINDINGS
Zoning Ordinance Amendment: Staff is proposing a Zoning Ordinance Amendment to implement
the new requirements of State Law for accessory dwelling units.
Required Findings: There are no required findings for a Zone Change since it is considered
a legislative action. However, OMC Section 17.10.020 requires that when the Planning
Commission makes a recommendation to the City Council, the Planning Commission include
in its decision: 1) the reasons for the recommendation; 2) the relationship of the proposed
amendment to the General Plan and applicable Specific Plans; and 3) the environmental
determination. These three items are addressed in the Planning Commission Resolution. By
adopting the Resolution, the Planning Commission will have complied with this Code
provision.
ANALYSIS/STATEMENT OF THE ISSUES
Issue 1: Compliance with State Law
The City’s ADU Ordinance was last updated in 2003. State Law has recently been amended with
regard to ADUs necessitating an update to the OMC.
Resolution: The proposed Ordinance provides for changes to the Zoning Code that are necessary to
comply with new State law requirements. Adoption of the Ordinance will bring the City’s Code into
conformance with State law.
Issue 2: Parking and Limiting Accessory Dwelling Units to Single-Family Zoned Lots
State law now requires the City to waive parking requirements for ADU’s under certain
circumstances, including when located within a ½ mile of transit and when located within a historic
district. Based on the widespread distribution of transit stops throughout the City, it is likely that
parking requirements will be waived for a majority of ADU’s moving forward. The result will likely
be a greater reliance on on-street parking by occupants of ADU’s and therefore a more impacted on-
street parking situation, particularly in areas such as Old Towne.
Resolution: The City currently allows accessory dwelling units for properties that have single-family
or multiple-family residential zoning but are occupied with single-family residences. The amended
State law only requires the City to allow accessory dwelling units on single-family zoned properties.
Therefore, given the parking waivers mandated for accessory dwelling units, staff is proposing to
change the Zoning Code to eliminate the potential for ADU’s to occur on multiple-family zoned
properties.
Existing multiple-family zoned lots with ADU’s would continue to be recognized as legal uses.
Although ADU’s would not be an allowed use on multi-family residential zoned lots moving forward,
Planning Commission Staff Report
February 22, 2017
Page 5
multiple-family zoned lots would continue to allow for development of additional new residential
units according to existing zoning and development standards.
Overall, staff’s recommended Code changes are intended to ensure compliance with State law while
striving to protect neighborhood character and quality to the extent possible given the expanded
accommodations provided to ADU’s by the State.
ADVISORY BOARD RECOMMENDATION
No advisory board review is required for an Ordinance Amendment.
ATTACHMENTS/EXHIBITS
Attachments to Report:
1. Planning Commission Resolution No. 03-17
Attachment A- Draft City Council Ordinance No. 02-17 – clean copy
2. Draft City Council Ordinance No. 02-17 – underline/strikeout version
N:\CDD\PLNG\Ordinance Amendments\Accessory Second Housing Unit\2017 Update\Planning Commission Staff
Report - Final Version.docx