Orange City Zoning Code
CHAPTER 17
29 ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY DWELLING UNITS
§ 17.29.010 Purpose and Intent.
The purpose of this chapter is to comply with state law pertaining to accessory dwelling units (ADU) and junior accessory dwelling units (JADU) and further the implementation of the general plan.
(Ord. 03-21, 2021)
§ 17.29.020 Permitted Uses.
A.
Table 17.13.030[1] indicates all zones where ADUs and JADUs may be permitted subject to the regulations in this chapter.
[1]
Editor's Note: Table 17.13.030 is included as an attachment to this Title.
B.
ADUs are limited to properties zoned to allow single-family or multi-family dwellings when the property includes a proposed or existing primary residence in the form of a single-family or multi-family dwelling. Properties zoned to allow residential uses exclusively as an accessory use, or as a use that is not permanent long-term housing, shall not be eligible for an ADU or JADU unless the property is exclusively developed with a primary, legal-nonconforming, long-term, permanent residential use.
C.
JADUs are limited to properties zoned to allow single-family dwellings when the property includes a proposed or existing primary residence in the form of a single-family dwelling.
D.
ADUs and JADUs shall be an accessory use only, as defined herein.
E.
ADUs may be located in an accessory structure. JADUs shall be located in a portion of a proposed or existing primary residence in the form of a single-family dwelling.
(Ord. 03-21, 2021)
§ 17.29.030 Applications for ADUs or JADUs.
A.
Application Form Required. A completed Community Development Department Accessory Dwelling Unit Application (ADU Application) provided by the Planning Division of the Community Development Department is required for an ADU or JADU.
B.
Application Fee. A fee commensurate to the fee schedule cost for Administrative Design Review shall be charged for review and ministerial approval of a completed application.
C.
Contents of Applications. The completed ADU Application shall include the application and all required application materials specified in the application packet.
D.
Acceptance of Applications. A Community Development Department ADU Application shall be accepted and deemed complete upon receipt by the City of all information and submittal materials required in the application submittal checklist, including review fees.
E.
Ministerial Approval of Applications. An ADU Application shall be considered without discretionary review or a hearing and approved ministerially if it meets the requirements of this chapter.
F.
Processing Time. The City shall act on the ADU Application to create an ADU or a JADU within 60 days from the date an application is deemed complete.
1.
If the ADU Application is submitted with a permit application to create a new single-family dwelling on the lot, the City may delay acting on the ADU Application until the City permits the new single-family dwelling, but the ADU Application shall be considered without discretionary review or hearing.
2.
If the applicant requests a processing delay, the 60-day time period shall be tolled for the period of the delay.
G.
Building Permit Required. Subsequent to an approved ADU Application, a building permit application shall be submitted with required plans for plan check and shall be processed subject to requirements and timelines equal to plan checks with commensurate floor area and building type.
(Ord. 03-21, 2021; Ord. 20-24, 7/23/2024)
§ 17.29.040 Location and Number of ADUs and JADUs Permitted.
A.
Allowable Location and Number of JADUs.
1.
JADUs are allowed only within the livable area of an existing or proposed single-family dwelling, or existing attached garage of a single-family dwelling.
2.
One JADU is permitted per lot, if all of the following apply:
a.
No expansion of the single-family dwelling or garage footprint shall occur to facilitate JADU construction.
b.
The JADU shall comply with the requirements of Government Code Section 66333, Health and Safety Code Section 17958.1, and the California Building Code including:
i.
Prior to occupancy, the JADU shall have a recorded deed restriction, satisfactory to the City and be filed with the City, that prohibits the sale of the JADU separate from the sale of the single-family residence except as provided by Government Code Section 66333 and shall include a statement that the deed restriction may be enforced against future purchasers and shall run with the land.
ii.
The JADU shall be restricted to the size and attributes shown on plans approved with the building permit.
iii.
JADU occupancy shall be limited to no more than two persons consistent with California Health and Safety Code Section 17958.1.
iv.
The JADU shall be constructed entirely within the walls of the proposed or existing single family residence and may be located within an attached garage but may not be in any other accessory structure.
v.
The JADU shall include exterior access separate from the main entrance to the proposed or existing single-family residence.
3.
The JADU shall, at a minimum, include all the following:
a.
An efficiency kitchen with a cooking facility and appliances.
b.
A food preparation counter and storage cabinets that are of reasonable size in relation to the size of the JADU.
c.
A separate closet.
d.
Light and ventilation conforming to the California Building Code.
e.
Either a separate bathroom containing a water closet, lavatory, and bathtub or shower or direct access to such facilities in the existing single-family residence.
B.
Allowable Location and Number of ADUs.
1.
Pursuant to the regulations of this chapter, ADUs shall be either attached to, or located within, the proposed or existing primary dwelling, including attached garages, storage areas or similar uses, or an accessory structure, or detached from the proposed or existing primary dwelling and located on the same lot as the proposed or existing primary dwelling.
2.
One ADU is permitted on a lot with a proposed or existing single-family dwelling.
3.
Attached ADUs are allowed within the proposed or existing living area of a single-family dwelling, or within existing non-habitable space attached to a single-family dwelling, including attached garages. New construction ADUs attached to an existing single-family dwelling are allowed as follows:
a.
One attached ADU is permitted per lot, where no detached ADU exists. An existing JADU may be converted to an attached ADU permitted by this subsection if no attached or detached ADU exists.
b.
In addition to meeting all requirements of this chapter, the following shall apply:
i.
Expansions of existing non-habitable accessory structures attached to the primary single-family dwelling or expansions of existing living area for the creation of an ADU, including attached garages, shall not exceed the following:
(a)
That square footage needed to bring the total square footage of the ADU up to 850 square feet for a one bedroom unit or 1,000 square feet for a two or more bedroom unit, when zoning district setbacks are maintained.
(b)
800 square feet where setbacks less than zoning district standards but not less than four feet can be maintained.
(c)
No more than 150 square feet beyond the same physical dimensions of the converted space, only if needed to accommodate ingress and egress, which may occur in side or rear setbacks if acceptable for fire and safety.
ii.
The ADU shall have exterior access separate from the main entrance of the proposed or existing single-family dwelling.
4.
Detached, new construction or repurposed existing accessory structure conversion ADUs on a lot with a proposed or existing single-family dwelling are allowed as follows:
a.
One detached, new construction, or repurposed existing accessory structure conversion ADU is permitted per lot with a proposed or existing single-family dwelling where no attached ADU exists.
5.
ADUs within portions of existing multi-family dwelling structures are allowed as follows:
a.
A minimum of one ADU and a maximum of up to 25% of the number of existing multi-family dwelling units are permitted within existing multi-family dwelling structures. The ADUs must be within the portions the existing multi-family dwelling structure that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages, if each unit complies with state building standards for dwellings.
b.
In addition to meeting all requirements of this chapter, the following shall apply:
i.
All calculations resulting in fractional units shall be rounded down to the nearest whole number.
ii.
An ADU greater than 800 square feet shall not exceed 50% of the square footage of the largest multi-family dwelling unit.
iii.
Addition of another principal dwelling unit to a lot is not permitted as long as an ADU is present.
(Ord. 03-21, 2021; Ord. 20-24, 7/23/2024)
§ 17.29.050 JADU and ADU Maximum Size.
B.
Accessory Dwelling Units.
1.
No ADU with fewer than two bedrooms may exceed 850 square feet except for ADUs constructed within the living area of an existing single-family dwelling or existing floor area of a detached accessory structure.
2.
No ADU with two or more bedrooms may exceed 1,000 square feet, except for ADUs constructed within the living area of an existing single-family dwelling or existing floor area of a detached accessory structure.
3.
When an ADU is constructed solely through the conversion of an existing building or structure or in the same location and to the same dimensions as an existing structure, it shall be limited in size to the existing square footage of the building or structure converted or replaced, except that the existing building or structure may be expanded up to 150 square feet for the purposes of ingress and egress to the ADU only.
(Ord. 03-21, 2021)
§ 17.29.055 ADUs and Historic Preservation.
A.
The City may apply design standards on ADUs to prevent adverse impacts on any real property that is listed in the California Register of Historical Resources.
B.
ADUs in a historic district, and individually listed historic properties outside of a historic overlay district, are subject only to the applicable design standards for that property or district to the extent permitted by state law and any other appropriate objective design standards contained in this code.
C.
Garage doors on contributing structures in the historic districts and on individually listed historic resources shall be preserved in place but finished so that they are inoperable. Non-contributing garages and accessory structures with non-historic doors, including garage doors, may be replaced with a compatible door style or infilled in the original opening, provided that a historical assessment acceptable to the Community Development Director confirms that the garage or accessory structure is not eligible for listing as a contributing structure.
(Ord. 20-24, 7/23/2024)
§ 17.29.060 Ratio of ADU to Primary Dwelling Size.
A.
Single-Family Dwellings. The total floor area of either an attached or detached ADU shall not exceed 50% of the existing primary single-family dwelling, provided that an ADU of at least 800 square feet is permitted.
B.
Multi-Family Dwellings. An ADU greater than 800 square feet shall not exceed 50% of the square footage of the largest existing multi-family dwelling unit, provided that an ADU of at least 800 square feet is permitted.
(Ord. 03-21, 2021)
§ 17.29.070 ADUs and JADUs in Density Calculations.
A.
ADUs and JADUs shall not be considered to exceed the allowable density for the lot upon which they are located.
B.
Although ADUs and JADUs are not considered as exceeding allowable density for the lot, the square footage of all the structures on a lot, including existing ADUs and JADUs, and both habitable and nonhabitable accessory structures are to be included in calculations toward maximum floor area ratio or lot coverage for additions to the primary dwelling unit, including JADUs, and for the construction of any subsequent accessory structures.
(Ord. 03-21, 2021)
§ 17.29.080 ADU Setbacks.
A.
Any Size ADU Within Existing Building Area. No setback shall be required for an existing living area or accessory structure or a structure constructed in the same location and to the same dimensions as an existing structure that is converted to an ADU or to a portion of an ADU. Portions of the ADU constructed outside of the existing structure shall comply with the setbacks of the zoning district.
B.
ADUs of 800 Square Feet or Less.
1.
Setbacks of no more than four feet from the side and rear lot lines shall be required for an ADU that is not converted from an existing structure or a new structure constructed in the same location and to the same dimensions as an existing structure.
2.
Front setbacks shall be pursuant to the setback for the zoning district, except that setback requirements will not be applied to prohibit ADU construction where there is no other feasible alternative to allow for construction of an 800 square feet ADU that meets height limits and complies with the four-foot side and rear yard setback requirements.
3.
An Administrative Adjustment may not be granted to lessen required setbacks.
D.
Fire and Safety Setbacks. Setbacks in all instances shall be sufficient for fire and safety, as determined by City fire and safety personnel.
§ 17.29.090 ADU and JADU Design Standards.
A.
The City may impose standards, including, but not limited to, design and development standards, on ADUs, to the extent permitted by state law.
B.
No provisions applied to ADUs, including, but not limited to, design and development standards, shall be so arbitrary, excessive, or burdensome so as to unreasonably restrict the ability of a homeowner to create accessory dwelling units in zones in which they are authorized.
C.
An ADU or JADU that complies with the requirements of state law shall be subject only to objective design and development standards contained in or referenced by this code, including, but not limited to, the following:
1.
Design elements and detailing shall be continued completely around the structure. Such design elements shall include window treatments, trim detailing, exterior wall materials, and color palette. Firewalls are not exempt from the required design elements.
2.
At least two building materials shall be used on any building frontage (excluding roof and foundation) in addition to glazing and railings. Any one material shall comprise at least 20% of the building frontage.
3.
At least two exterior colors shall be used. Elements that count toward this requirement include cladding material, trim/accent colors, and visually significant colors for doors, and similar elements. Primary colors shall be used as accent colors only.
4.
Trash receptacles locations shall be identified on project plans and shall demonstrate screening from public view via equivalent-height landscaping or a solid wall or fence.
5.
Linear streetscape appearance in the building facade shall be avoided by providing variations in horizontal plane in a minimum of 50% of the building front and street side elevations. Variations shall include indentations, recesses, or projections of two feet or greater. Vertical architectural elements (pilasters, columns, piers, other structural elements) shall vertically project a minimum of eight feet in height and project a minimum of eight inches from the building face.
6.
Units shall include a minimum three element(s) from the following list to add visual variety and interest to building facades and enhance the connection between public and private realms: eaves, cornices, trellises, overhangs, exposed structural elements such as rafters, recessed windows, columns, bay windows. Other elements may be approved if they provide equivalent visual variety and interest.
7.
Trim surrounds shall be provided at all exterior window and door openings. Trim shall be substantial, visible, and at least two inches in depth.
8.
Classical window proportions shall be provided such as 2:1, 3:2, or 4:3.
9.
No building facade may extend in a continuous plane for more than 20 feet without a window, door, variation in horizontal plane, or vertical architectural element.
10.
For all new construction ADUs, roof forms and pitch shall match the principal residence, except that, if the roof pitch cannot match the principal residence, the pitch shall be constructed and maintained consistent with the architectural style of the primary residence.
(Ord. 03-21, 2021; Ord. 20-24, 7/23/2024)
§ 17.29.095 Height Limits.
A.
Sixteen feet for detached ADUs.
B.
Eighteen feet for detached ADUs on a lot within one-half mile of a major transit stop or transit corridor as defined by state law. An allowance of two additional feet may be allowed to accommodate a roof pitch that is aligned with the principal residence.
C.
Eighteen feet for detached ADUs on a lot with an existing or proposed multi-family, multi-story residence.
D.
Twenty-five feet or the height limit for the underlying zone classification, whichever is lower, for ADUs that will be attached to the principal residence. The ADU shall not exceed two stories in height.
(Ord. 20-24, 7/23/2024)
§ 17.29.100 Lot Size.
There shall be no minimum lot size in order to construct an ADU or JADU.
(Ord. 03-21, 2021)
§ 17.29.110 (Reserved)
Prior History: Ord. 03-21, 2021; was repealed by Ord. 20-24, 7/23/2024
§ 17.29.120 Rental, Occupancy, and Conveyance.
A.
An ADU may be rented separate from the primary residence, but may not be sold or otherwise conveyed separate from the primary residence.
B.
Owner occupancy is not required for an ADU or primary residence until after January 1, 2025, at which time owner occupancy shall be required for new ADUs if the applicable provision of state law is not extended.
C.
Owner-occupancy is required for a single-family dwelling with a JADU. The owner may reside in either the remaining portion of the single-family dwelling or in the JADU. Owner-occupancy shall not be required if the owner is another governmental agency, land trust, or housing organization.
D.
ADU and JADU rentals shall be for a term longer than 30 days and shall not be eligible as a short term rental.
(Ord. 03-21, 2021)
§ 17.29.130 Parking.
A.
No additional parking shall be required in association with the creation of a JADU. However, any required parking for the primary residence that is eliminated for the creation of a JADU shall be replaced on-site in conformance with all requirements of Chapter 17.14.
B.
Except as specified in Section 17.29.130(D), an ADU requires one additional parking space per ADU or per bedroom, whichever is less.
1.
Required parking spaces may be provided as tandem parking on a driveway only if the required parking space is not within the setback established for the zoning district.
2.
Required parking spaces may also be provided in a tandem configuration within a carport or garage meeting the setback requirements of the zoning district.
3.
Each parking space must maintain 20 feet deep by 10 feet wide interior clear dimensions.
4.
In the event that required ADU parking is unable to be provided pursuant to subsections (B)(1) or (B)(2) above, and the parking area meeting the dimensions of subsection (B)(3) can be accommodated on-site within required setbacks, an alternate parking location shall be determined by the Community Development Director.
C.
The foregoing parking standards are not intended to prohibit ADUs on the same lots that new single- and/or multi-family dwelling units are being proposed, provided that the ADU meets all other specified requirements.
D.
No parking is required for an ADU in any of the following instances:
1.
The ADU is located within one-half mile walking distance of public transit as defined by the Department of Housing and Community Development.
2.
The ADU is located within an architecturally and historically significant historic district.
3.
The ADU is part of the proposed or existing primary residence or an accessory structure.
4.
In the event on-street parking permits are required but not offered to the occupant of the ADU.
5.
When there is a permanently reserved parking space or parking facility specifically for a car share vehicle located within one block of the accessory dwelling unit.
(Ord. 03-21, 2021; Ord. 20-24, 7/23/2024)
§ 17.29.140 Open Space.
§ 17.29.150 (Reserved)
Prior History: Ord. 03-21, 2021 was repealed by Ord. 20-24, 7/23/2024.
§ 17.29.160 Nonconformities.
A.
The correction of nonconforming zoning conditions shall not be required for the creation of an ADU or JADU. However, all space for occupancy and all newly permitted construction must meet fire and building and safety codes.
B.
A single-family residentially designated property with an existing legal or legally nonconforming accessory dwelling unit shall not be considered a multiple-family property and the existing, subsequently constructed, dwelling unit shall be considered an ADU, regardless of size, location, or configuration.
(Ord. 03-21, 2021)
§ 17.29.170 Fire Sprinklers.
The installation of fire sprinklers shall not be required in an ADU if sprinklers are not required for the primary residence. Construction of an ADU may impose fire sprinkler requirements for the primary residence and ADU.
(Ord. 03-21, 2021)
§ 17.29.180 Impact Fees.
No impact fees shall be imposed upon the development of an ADU less than 750 square feet. Impact fees charged for an accessory dwelling unit of 750 square feet or more shall be charged proportionately in relation to the square footage of the primary dwelling unit.
(Ord. 03-21, 2021)
§ 17.29.190 Prohibited Dwelling Units.
A.
The following ADUs and JADUs proposed or created after adoption of the ordinance from which this chapter is derived are prohibited:
1.
Any ADU or JADU with no primary dwelling existing or proposed on-site.
2.
An attached or detached ADU greater than 1,000 square feet except for an ADU constructed within the floor area of an existing single-family dwelling or existing detached accessory structure.
3.
An ADU with one or fewer bedrooms and greater than 850 square feet except for an ADU constructed within the floor area of an existing single-family dwelling or existing detached accessory structure.
4.
An ADU on property not zoned for single-family residential, duplex residential, multi-family, or mixed use. An exception shall be for properties developed with an existing legal single-family residence, continually used as a residence, as the sole use of the property and the property is legally nonconforming only due to nonresidential zoning.
5.
A JADU on any property that does not consist of a single-family residence as the primary use.
6.
A JADU over 500 square feet.
7.
Any ADU or JADU that does not meet the requirements of this chapter.
B.
The following are not an ADU or JADU and may not be occupied as a permanent dwelling unit in any residential zoning district nor may permanent utility connections be provided for them:
(Ord. 03-21, 2021)
§ 17.29.200 Deed Restriction Required for JADU.
Recordation of a deed restriction, approved as to form by the City Attorney, shall be required for a JADU and shall:
A.
Run with the land.
B.
Be filed with the City after recording.
C.
Prohibit the sale of the JADU separate from the sale of the primary dwelling.
D.
Include a statement that the deed restriction may be enforced against future purchasers.
E.
Deed restrictions for JADUs shall restrict the size and attributes as stated in the permit.
(Ord. 03-21, 2021; Ord. 20-24, 7/23/2024)
§ 17.29.210 General ADU Requirements.
A.
No passageway shall be required in conjunction with construction of an ADU.
B.
An ADU shall have an individual numeric address provided on-site in a location visible from the public right-of-way. Numbers shall be assigned by the Department of Public Works.
C.
No fencing that separates an ADU from the existing or proposed primary single-family dwelling is permitted.
D.
The occupants of a JADU or ADU shall be permitted egress over all areas of the property that are not covered with a structure.
E.
If ambiguity arises concerning the application of any provisions of this chapter, the Community Development Director shall provide an interpretation in furtherance of state law for the provision of housing.
(Ord. 03-21, 2021)