Chapter 17.28 — OVERLAY DISTRICTS

Overlay districts are established to permit the application of additional use and development standards to certain properties where such additional standards are necessary to implement general plan policy and to protect public health, safety, and welfare. (Prior code 17.76; Ord. 20-82; Ord. 12-95)

Overlay districts shall be used only in conjunction with an underlying base district. Except for the supplemental regulations described in this chapter for each overlay district, the standards established for the underlying base district shall apply. In the event of conflicting provisions, the requirements of the overlay district shall take precedence over the requirements of the base district.

(17.76; 17.64; 17.62; prior code 17.60; Ord. 20-82; Ord. 12-95)

Overlay districts shall be denoted on the zoning map by the base district symbol followed by, as part of the symbol, parenthetically enclosed letters indicating the overlay district.

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District Symbol
Flood Plain 1 FP-1
Flood Plain 2 FP-2
Single Story A
Equestrian E
Parking P
Neighborhood Preservation NP
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(Ord. 12-95; Ord. 10-22, 2022)

• A. Purpose and Intent. The Flood Plain overlay districts (FP-1 and FP-2) are intended to be applied to those areas of the City which, under present conditions, are subject to periodic flooding and the hazards associated with flooding. The objectives of the flood plain districts shall be:

  1. To prevent loss of life and property and to minimize economic loss caused by flood flows;

  2. To establish criteria for land management and use in flood prone areas consistent with criteria promulgated by the Federal Insurance Administration for the purpose of providing flood insurance eligibility for property owners;

  3. To prohibit encroachments, new construction, or other improvements or development

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City of Orange, CA § 17.28.040

ORANGE CODE

§ 17.28.040

that would obstruct the flow of floodwaters within a regulatory floodway; and

4. To regulate and control uses below the elevation of the design flood flow with the remainder of the flood plain.

• B. Application. The FP-1 or FP-2 overlay shall be applied as follows:

  1. Regulatory floodways shall be designated FP-1.

  2. Floodway fringe areas, mudslide prone areas and other areas determined to be areas of special flood hazard or flood plain areas, as determined by the City Engineer, shall be designated FP-1 or FP-2.

• C. Mapping of Flood Areas Required. All floodway, flood plain, flood hazard areas, regulatory floodway, and floodway fringe areas shall be identified, mapped, and so designated. Mapping may be done by the County of Orange, the Federal Insurance Administration or the Department of Public Works.

  1. Identification and mapping shall be based upon the design flood as determined by engineering studies satisfactory to the City Engineer and approved by City Council.

  2. In areas where the floodways or flood plains are mapped by the County of Orange, the Federal Insurance Administration or the Department of Public Works, the regulatory requirements shall apply to the mapped area having the outermost boundaries.

• D. Development Standards. The establishment, operation, and maintenance of all uses permitted by Section 17.28.040 shall comply with the following development standards:

  1. Structural Floodproofing for Nonresidential Structures. Structural floodproofing as permitted herein shall be in accordance with the Uniform Building Code. A civil engineer or architect registered in the State of California shall certify that the floodproofing methods are adequate to with-stand the flood depths, velocities, hydrostatic and hydrodynamic loads, and effects of buoyancy and other factors associated with the design flood.

  2. Anchoring. All new construction and substantial improvements shall be anchored to prevent flotation, collapse, or lateral movement of the structure.

  3. Utilities.

     • a. All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the systems.

• b. New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters.

  - c. On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding. 
  
  - d. Utilities shall be designed to resist destruction from flood scour and the hydrostatic and hydrodynamic loads and effects of buoyancy. 
  

• E. Required Procedures for Building in FP Overlay. The establishment, operation and

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City of Orange, CA

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§ 17.28.040

§ 17.28.040

maintenance of all uses permitted by Section 17.13.030 shall be in compliance with the following procedures:

1. The Community Development Department shall review projects proposed in the FP overlay districts to determine that all necessary permits and certificates have been obtained. It shall make recommendations concerning use permit applications prior to hearing and approval by the Planning Commission to assure compliance with the requirements of this chapter. It shall maintain for public inspection all records pertaining to the provisions of that section.

2. All development, subdivision, structure and substantial improvement proposals shall include submittal of detailed drainage studies and plans indicating how site grading in conjunction with any necessary drainage conveyance systems—including applicable swales, water course courses, channels, street flows, catch basins, storm drains and flood water retarding—will provide building pads and/or lowest floor elevations that are safe from flood flows expected from floods up to and including the design flood. The grading plan shall include identified on-site finished grade and "design flood" elevations, both related to mean sea level. Structural plans submitted for building permits shall show the first floor elevation of such structures as related to mean sea level. Said plans and elevation information shall be maintained on file by the Public Works Department for flood insurance reference purposes.

3. The Public Works Department shall notify adjacent communities prior to any alteration or relocation of a watercourse having an effect on the flood hazard areas shown on the F.I.R.M. and shall submit evidence of such notification to the Federal Insurance Administration.

The Department shall require that maintenance is provided within the altered or relocated portion of said watercourse so that the flood carrying capacity is not diminished.

4. No uses shall be approved unless the following findings are made:

   • a. The development will not provide a significant risk to human life in the event of the design flood.

   • b. The development is designed and sited so as to offer minimal obstruction to the flow of flood-water.

   • c. The development will not create a potential hazard or otherwise adversely affect property because of diversions, increased heights, or velocities of flood waters or because of increased debris, or otherwise affect the safety, use, or stability of any public way, drainage channel, or adjacent property during a flood condition.

• F. FP Nonconforming Uses. Any use lawfully existing on any premises that is made nonconforming by the application of the FP district or by any amendment of the FP district regulations shall be subject to the requirements provided in Section 17.38.030. Within the areas designated as FP-1, the following exceptions shall apply:

  1. All nonconforming structures within the area designated as FP-1 "Floodway" district on the effective date of application of the FP-1 district or any amendment of the FP-1 district regulations shall be removed subject to the following: If the useful life of the

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City of Orange, CA § 17.28.040

ORANGE CODE

§ 17.28.050

structure has not expired by a date five years after the effective date of the application of the FP-1 zone, the life of the structure shall be considered to have expired automatically, and said structure shall be removed.

2. Any enlargement, expansion, change in use, or substantial improvements of nonconforming structures shall be prohibited.

3. Any owner of a use or structure made nonconforming by the application of the FP-1 district may request the Planning Commission to grant an extension of time. The Planning Commission may grant an extension of time beyond the five-year period.

• G. Technical Adjustments. This section establishes procedures for making certain technical adjustments to flood mapping. Such adjustments may be necessary when either: (1) property has been inadvertently included in an FP zone due to the erroneous transportation of the curvilinear flood boundary line to the land topography that is readily identifiable for exclusion by reason of the existing physical features of the property; or (2) flood protective or flood control work adequate to protect against the design flood has been completed.

  1. Procedure for Correcting Mapping Deficiencies Unrelated to Communitywide Elevation Determinations. Mapping deficiencies caused by inadvertent inclusion of the property in the FP zone or a physical alteration to surrounding property which affects the base flood level may be corrected without necessitating a zone change if the following requirements are met, as determined by the Planning Commission:

     • a. Inadvertent Inclusion. Review of the topographical map showing ground elevation contours on the entire building site area confirms that the property is not within the FP zone; or

     • b. Completion of Flood Protection/Control Work. Evidence confirms that subsequent stream, channel, storm drain, or landfill improvements fully offset flood water surface elevations so as to meet standards established by the Federal Insurance Agency. This shall require that:

       • i. Completion of work be certified by the City Engineer; and

       • ii. If the area is included in the City's Flood Insurance Rate Map, flood protection/control measures must be approved by the Federal Insurance Administration and the area removed from the F.I.R.M. and flood boundary and floodway maps.

2. Appeals. Appeal of any determinations made by the Planning Commission under this section will be to the City Council.

(Prior code 17.58.010, 17.58.020, 17.58.030, 17.58.040(3), 17.58.050, 17.58.070, 17.58.080, 17.58.080, 17.58.090, 17.58.100, 17.58.110, 17.58.120(A), 17.59.030, 17.59.070, 17.59.080, 17.59.090, 17.59.100, 17.59.110, 17.59.120; Ord. 61-80; Ord. 20-82; Ord. 4-87; Ord. 12-95; Ord. 13-18, 2018)

• A. Purpose and Intent. The Single Story (A) Overlay is established to maintain the character of existing single story residential neighborhoods by limiting building height to one story.

• B. Development Standards. The height of all buildings within the Single Story Overlay

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City of Orange, CA

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§ 17.28.050

§ 17.28.070

District shall be limited to one story or 20 feet, whichever is less. All other development standards applicable to the underlying district and not in conflict with this section shall apply.

(Prior code 17.50.010, 17.60.090; Ord. 20-82; Ord. 12-95)

• A. Purpose and Intent. The Equestrian (E) Overlay District is established to allow for the prezoning and subsequent annexation of certain developed residential areas where existing residents wish to retain a semi-rural environment, including the retention of equestrian uses usually not permitted due to lot size, and where such existing uses are demonstrated to be compatible with surrounding existing uses.

• B. Principal Uses and Structures Permitted. The use regulations applicable to principal uses and structures in the underlying zone district shall apply.

• C. Accessory Uses and Structures Permitted. The following accessory uses and structures are permitted in the Equestrian overlay district:

  1. The keeping of horses for the private use of family members residing on the premises.

  2. The boarding of up to two horses owned by residents of the neighborhood.

  3. Stables, shelters, or corrals for horses.

• D. Limit on Number of Horses. The total number of horses kept on a lot shall in no case exceed more than one horse per 6,000 square feet of lot area.

• E. Development Standards. The development standards required by the underlying base district shall apply. In addition, the following shall apply:

  1. Minimum Lot Area. In the R1-12 and R1-15 zones, the minimum lot area required for the keeping of horses is 12,000 square feet. In all other zones, the provisions of Section 17.13.040 regarding animal keeping shall apply.

  2. Distance from Streets, Residences. The edge of any private stable, shelter, or corral shall be set back a minimum distance of 50 feet from any street, highway or any residential building other than that of the owner.

(Prior code 17.62.010, 17.62.060, 17.62.080, 17.68.060; Ord. 8-76; Ord. 72-76; Ord. 20-82; Ord. 12-95)

• A. Purpose and Intent. The Parking (P) Overlay District is established to allow residentially zoned properties to be used to provide off-street parking facilities for adjacent land uses. The Parking overlay shall be applied only to residential properties and only when it can be demonstrated that the use of the residential lot for parking purposes will not adversely affect the surrounding residential neighborhood.

• B. Uses Permitted. The following principal and accessory uses and structures are permitted:

  1. All uses and structures permitted by the underlying zone district.

  2. Open air temporary parking of transient vehicles. In no case shall the parking lot be

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City of Orange, CA § 17.28.070

ORANGE CODE

§ 17.28.080

used as a car sales lot.

• C. Development Standards. The following development standards shall apply to parking lots in the Parking overlay district:

  1. Lot Size. Where the lot is to be used exclusively for automobile parking, no minimum lot size requirement shall apply.

  2. Yards. Where the lot abuts a residential zoned lot, the front and street side yard setbacks shall be the same as required for that abutting residential lot. In all other cases, no yard requirements shall apply.

  3. Fences and Walls. A division wall shall be erected between the parking uses and adjacent residential uses. The wall shall have a minimum height of six feet, except any wall or portion of a wall located in the required front yard area shall be limited in height to 42 inches.

  4. Landscaping. The parking lot shall be landscaped as required by Section 17.34.130(H) of this title.

  5. Signage. Parking lot signage shall conform to the requirements of Section 17.36 of this title.

• D. Parking Lot Standards. Parking lot and parking space dimensions, orientation, location, striping and other relevant development standards shall conform to the requirements of Chapter 17.34 of this title.

• (17.76, 17.78; 220; prior code 17.64.010, 030, 120; Ord. 12-95)

• A. Purpose and Intent. The purpose of the Neighborhood Preservation (NP) Overlay District is to provide regulations to control surges in construction of new additions and interior renovations to primary residences concentrated in the overlay district that become multiple tenant rental properties and that result in adverse impacts to single-family neighborhoods.

• B. Application. The Neighborhood Preservation Overlay District is the area bounded by Katella Avenue to the north, Main Street to the west, the SR-55 Freeway to the east, and the City's boundaries along the SR-22 Freeway to the south. The overlay district is established on the City of Orange Zoning Map.

• C. Overlay Development Standards—Ministerial Approval. Project applications from existing primary residences in the overlay district that add bedrooms or bathrooms in compliance with the City of Orange Infill Residential Design Guidelines and the following overlay development standards, shall be approved ministerially by the Community Development Director or designee.

  1. A maximum of two bedrooms may be constructed onto and/or added within a primary residence by reconfiguring existing space. For purposes of calculating allowable additional bedrooms, the number of bedrooms existing as of January 1, 2023, shall be considered the baseline.

  2. A maximum of two bathrooms, including half-bathrooms, may be constructed onto and/or added to a primary residence by reconfiguring existing space. For purposes of

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City of Orange, CA

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§ 17.28.080

§ 17.28.080

calculating allowable additional bathrooms, the number of bathrooms existing as of January 1, 2023, shall be considered the baseline.

3. A minimum of 100 square feet of additional usable open space beyond that required by Orange Municipal Code Table 17.14.070 must be provided for each additional bedroom being proposed to the existing primary residence.

4. A minimum of 100 square feet of additional common living area must be provided for each additional bedroom being proposed to the existing primary residence. Dwelling units that maintain a minimum of 800 square feet of common living area are exempt from the requirement.

5. A minimum of 50 cubic feet of additional unified indoor storage area must be provided for each additional bedroom being proposed to the existing primary residence. Such storage area must be in addition to cabinets and closets typically found within a dwelling unit such as bedroom closets, linen closets, or kitchen cabinets.

6. In any single-family residential district, the addition of one or two new bedrooms must comply with the following floor area ratio (FAR) standards.

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Max FAR for One Max FAR for Two
Lot Area (sf) Max FAR New Bedroom New Bedrooms
<10,000 0.60 0.55 0.50
10,000–12,000 0.50 0.45 0.40
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7. Project applications involving exterior modifications to primary residences located in a historic district shall also be subject to design review by the Design Review Committee.

• D. Approval Process. Applications from existing primary residences in the overlay district that add bedrooms or bathrooms not in compliance with the overlay development standards set forth in subsection C of this section, and/or that are located in a historic district shall be subject to the following approval procedures:

  1. Historic District Approval. An application for additional bedrooms, bathrooms and other related improvements that involves new square footage or exterior modifications (other than roof vents), shall be subject to the design review process as follows:

     • a. When the property is located in a historic district but the application is otherwise in compliance with the overlay development standards contained in subsection C above, the Design Review Committee shall have the final authority to review and approve the project.

     • b. When the property is located in a historic district but the application is not in compliance with the overlay development standards contained in subsection C above, the Design Review Committee shall have the authority to review and make a recommendation to the Zoning Administrator on the design of the proposed project. The Zoning Administrator shall have the final authority to review and approve the project.

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City of Orange, CA § 17.28.080

ORANGE CODE

§ 17.28.080

2. Approval—Not in a Historic District. When the proposal is not in compliance with the overlay development standards contained in subsection C of this section, the Zoning Administrator shall have the final authority to review and approve the project.

3. Zoning Administrator Approval—Considerations. In approving an application for additional bedrooms, bathrooms, and/or other related improvements not in compliance with the overlay development standards contained in subsection C above, the Zoning Administrator shall consider the following:

   • a. The proposal will preserve the public peace, health, safety, and welfare within those areas that neighbor the affected residence and other surrounding areas within the Neighborhood Preservation Overlay District.

   • b. The size and design of the proposal will minimize the likelihood of excessive disturbances or unruly behavior such as parking on front lawns, illegal street parking, congregation of crowds in the front yards over and above the number of occupants, and other public nuisances to the community.

   • c. The proposal will comply with those standards and requirements described in this section and the entirety of Title 17 of this code.

4. Appeals. Final decisions of the Community Development Director, Design Review Committee or Zoning Administrator may be appealed to the Planning Commission pursuant to Section 17.08.050(E).

• E. The Community Development Director, Design Review Committee or Zoning Administrator may refer an application for which it may render a final decision to the Planning Commission for a final decision. The Planning Commission shall be subject to those approval considerations set forth in subsection (D)(3) of this section.

• (Ord. 10-22, 2022)

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City of Orange, CA