TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Russell Bunim, Community Development Director
1. Subject
title
Public Hearing to consider introduction and First Reading of Ordinance No. 20-24 updating Accessory Dwelling Unit provisions of the Orange Municipal Code, and finding of CEQA exemption.
body
2. Summary
An update to the City’s existing Accessory Dwelling Unit Ordinance in response to changes in state law and guidance from the California Department of Housing and Community Development.
3. Recommended Action
recommendation
1. Conduct and close Public Hearing.
2. Introduce and conduct First Reading of Ordinance 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.
3. Find that the ordinance is exempt from the California Environmental Quality Act (CEQA) pursuant to Public Resources Code Section 21080.17 and Title 14, California Code of Regulations Section 15282(h).
end
4. Fiscal Impact
None.
5. Strategic Plan Goals
Goal 3: Enhance and promote quality of life in the community
c: Support and enhance attractive, diverse living environments.
6. Discussion and Background
The proposed Ordinance updates the Orange Municipal Code (OMC) to reflect new state law and include California Department of Housing and Community Development (HCD) guidance necessary to ensure that the City’s ordinance is in compliance with state law and completes Housing Policy Action 2J of the Housing Element of the City’s General Plan. Background information about the evolution of Accessory Dwelling Unit (ADU) regulations is contained in the Planning Commission staff report as is an analysis and statement of the issues (Attachment 4).
The proposed ordinance retains those regulations allowed by state law and clarifies content to provide available protections for neighborhood character and quality of life.
Changes in State Law
The following chart shows the mandatory provisions contained in recent changes in state law that are reflected in the proposed ordinance.
|
ADU Criteria |
New Regulation Under State ADU Law as Enacted |
|
Location of ADUs |
ADUs are allowed in front yard setbacks. Front setback requirements cannot be used to prohibit ADU construction where there is no other alternative to allow for construction of an 800 square foot ADU that meets height limits and complies with the 4 foot side and rear yard setback requirements. |
|
Height |
An attached ADU may be up to 25 feet tall or the maximum height of the primary dwelling allowed under the underlying zoning designation, but not to exceed two stories. A detached ADU may be up to 18 feet if located within a half-mile of a major transit stop or high quality transit corridor as defined by state law (see Attachment 7), or up to 20 feet high if necessary to match the roof pitch of the ADU to that of the primary unit. Detached ADU up to 18 feet on lots with an existing or proposed multi-family, multi-story residence. |
Implementation of HCD Required Amendments
In addition to the above table, the ADU ordinance update amends city regulations in response to HCD’s feedback on the current code, indicating the need to eliminate limitations and standards pertaining to sinks, cooking appliances, refrigeration facilities, number of bedrooms, and common living area.
The City’s current deed restriction requirement for ADUs has been eliminated because the prohibition of the separate sale of an ADU from the primary unit is contained in state law. A deed restriction for Junior Accessory Dwelling Units (JADUs) is still in place restricting the maximum size, and separate sale of the JADU from the primary unit, as specified in state law.
Reiteration of State Law for Objective Design Standards
The ADU ordinance reiterates current state law pertaining to the local government’s ability to apply objective design standards to historic properties. To the extent possible, the ordinance applies design standards to ADUs to prevent adverse impacts on historic resources through reliance on those aspects of the City’s Historic Preservation Design Standards and Secretary of Interior Standards that are objective in nature. The ordinance bolsters objective design and development standards for ADUs and JADUs throughout the rest of the City by clarifying design related development standards.
A redlined copy of the proposed Ordinance is provided in Attachment 2.
7. ADVISORY BOARD ACTION
At the May 6, 2024, Planning Commission meeting, the Planning Commission recommended that the City Council adopt Ordinance No. 20-24 by a vote of 4-2. The minutes from the May 6, 2024, Planning Commission meeting are attached (Attachment 5).
8. environmental review
Statutory Exemption: 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.
9. ATTACHMENTS
• Attachment 1 - Ordinance No. 20-24
• Attachment 2 - Ordinance No. 20-24 - Redlined Copy
• Attachment 3 - Planning Commission Resolution No. PC 14-24
• Attachment 4 - Planning Commission Staff Report, May 6, 2024
• Attachment 5 - Planning Commission Meeting Minutes, May 6, 2024
• Attachment 6 - City Council Ordinance No. 03-21 - Existing ADU Ordinance
• Attachment 7 - Map of High Frequency Transit Stops with ½ mile buffer
• Attachment 8 - Government Code Sections 66310-66339