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AGENDA ITEM
November 10, 2015
TO: Honorable Mayor and
Members of the City Council
THRU: Rick Otto
City Manager
FROM: William Crouch
Community Development Director
Reviewed/Verified
City Manager
Finance Direc
To Be Presented-By:
Anna Pehoushek
Cons Calendar
City Mgr Rpts
Council Reports
Legal Affairs
Boards /Crates X
Public Hrgs
Admin Reports
Plan /Environ
1. SUBJECT
Zone Change No. 1276 -14 to rezone properties in the Industrial 2010 General Plan Land Use Focus
Area, generally located west of Glassell Street/Orange -Olive Road, south of Fletcher Avenue, east
of the Santa Ana River, and northwest of the intersection of Glassell Street and Walnut Avenue.
The Zone Change area abuts, but does not include the Katella Avenue Corridor General Plan Focus
Area and the Orangewood/Eckhoff General Plan Focus Area, which have both been the subject of
separate City Zone Changes.
2. SUMMARY
This item came before the City Council at its October 13, 2015 meeting. The public hearing was
continued to November 10, 2015 to accommodate the appropriate noticing related to the Zone
Change sub -areas needed to allow for Council action in relation to individual conflicts of interest.
The City of Orange General Plan update was adopted in March 2010. The Industrial 2010 General
Plan Land Use Focus Area, generally located west of Glassell Street/Orange -Olive Road, south of
Fletcher Avenue, east of the Santa Ana River, and northwest of the intersection of Glassell Street
and Walnut Avenue, has properties with General Plan Land Use designations of Industrial (I),
Light Industrial (LI), Medium Density Residential (MDR), and Open Space (OS).
Presently, many properties falling within the LI land use designation are zoned Industrial
Manufacturing (M2) are split -zoned M2 /M1, are unzoned, or are split -zoned M2 /unzoned. A
limited number of parcels are also zoned Single Family Residential (Rl). The zoning classification
that corresponds to the LI land use designation is Light Industrial (M1).
Properties falling within the MDR General Plan designation are zoned M2 or Limited Business
(C1). The zoning classification that corresponds to the MDR land use designation is Residential
Multiple Family (113).
ITEM 11-1 1 11/10/15
Properties falling within the OS General Plan land use designation are presently zoned M2 or are
unzoned. The zoning classification that corresponds to the OS land use designation is Recreation
Open Space (RO).
Properties in the Focus Area with the I land use designation already have M2 zoning. Similarly,
most properties with the OS land use designation already have RO zoning. Therefore, none of
these properties are affected by the subject Zone Change.
Both State planning law and Program I -1 of the General Plan Implementation Plan require
consistency between General Plan and zoning designations. Zone Change No. 1276 -14 establishes
General Plan and Zoning consistency for the affected properties.
3. RECOMMENDATION
(1) Find that the proposed zoning change is within the scope of the previously- approved 2010
General Plan, which was evaluated in certified Program EIR No. 1815 -09; and find that the
Program EIR adequately describes the zoning changes for purposes of CEQA and no new
environmental documents are required.
(2) Approve First Reading of Ordinance No. 05 -15(A) approving Zone Change No. 1276 -14(A)
rezoning properties in the Industrial 2010 General Plan Land Use Focus Area located at 546
North Batavia Street to Residential Multiple Family to establish consistency between the
Medium Density Residential General Plan Land Use designation and Zoning classification in
accordance with State law.
(3) Approve First Reading of Ordinance No. 05 -15(B) approving Zone Change No. 1276 -14(B)
rezoning properties in the Industrial 2010 General Plan Land Use Focus Area located at the
northeast and southeast corners of Taft Avenue and Glassell Street/Orange -Olive Road to
Residential Multiple Family to establish consistency between the Medium Density Residential
General Plan Land Use designation and Zoning classification in accordance with State law.
(4) Approve First Reading of Ordinance No. 05 -15(C) approving Zone Change No. 1276 -14(C)
rezoning properties in the portion of the Industrial 2010 General Plan Land Use Focus Area
generally located north of Katella Avenue to Light Manufacturing and Recreational Open
Space to establish consistency between the Light Industrial and Open Space General Plan Land
Use designations and Zoning classification in accordance with State law.
(5) Approve First Reading of Ordinance No. 05 -15(D) approving Zone Change No. 1276 -14(D)
rezoning properties in the portion of the Industrial 2010 General Plan Land Use Focus Area
generally located south of the Collins Channel and east of Main Street to Light Manufacturing
to establish consistency between the Light Industrial General Plan Land Use Designations and
Zoning classification in accordance with State law.
ITEM 2 11/10/15
(6) Approve First Reading of Ordinance No. 05 -15(E) approving Zone Change No. 1276 -14(E)
rezoning properties in the portion of the Industrial 2010 General Plan Land Use Focus Area
generally located south of the Collins Channel and west of Main Street to Light Manufacturing
to establish consistency between the Light Industrial General Plan Land Use Designations and
Zoning classification in accordance with State law.
4. FISCAL IMPACT
None.
5. STRATEGIC PLAN GOAL
2e. Create an environment to attract, retain and expand economic opportunities.
6. GENERAL PLAN IMPLEMENTATION
Land Use Element
Goal 1.0: Meet the present and future needs of all residential and business sectors with a diverse
and balanced mix of land uses.
Economic Development Element
Goal 1.0: Sustain a diversified economic base and strong fiscal stability.
Policy 1.1: Provide for land uses that allow a variety of retail, service, manufacturing, institutional,
office, and recreational businesses to locate in Orange.
Housing Element
Policy Action 7: Facilitate Infill Construction
Implementation Program
Implementation Program I -1 of the General Plan Implementation Plan calls for consistency
between General Plan and zoning designations to be established.
7. DISCUSSION and BACKGROUND
The City's 2010 General Plan was adopted on March 9, 2010. The 2010 General Plan Land Use
Element included re- designation of certain properties in the Industrial 2010 General Plan Land
Use Focus Area. A map depicting the General Plan changes that occurred in the area is provided
ITEM 3 11/10/15
as Attachment 5 to this report. A detailed description of the nature of the land use changes is
provided in Attachment 13.
As part of the General Plan update, refinements were made to the industrial land use designations
in the focus area. Specifically, the three original "Industrial" land use designations that had been
differentiated by floor area ratio (FAR) were condensed to two categories that more clearly
conveyed the purpose of each: "Industrial" and "Light Industrial." Along with this change came
adjustments to FAR in order to simplify the City's land use policies, and provide a framework for
economic development, business expansion, and the long -term protection and viability of the
industrial district. The areas with light industrial uses on- the - ground fell within the Light Industrial
land use designation.
Another change that occurred in the Industrial Focus Area was the re- designation of properties on
the northeast and southeast corners of the intersection of Taft Avenue and Glassell Street/Orange-
Olive Road from General Commercial (GC) to MDR. This change reflected the fact that at the
time the General Plan update was under preparation, the corners consisted of vacant commercial
property, and small aging strip commercial centers abutting residential districts. A change from
GC to MDR was adopted as part of the General Plan update to accommodate a long -term transition
of the sites from underutilized commercial property to residential use.
General Plan Land Use
Existing Zoning
Proposed Zonin
LI
M2
M 1
Unzoned
Split M2/M1
Split M2/Unzoned
R1 -12
MDR
M2
R3
C1
OS
M2
RO
Unzoned
As indicated on the maps, the majority of land area affected by the proposed Zone Change
involves industrial properties that would experience a change from M2 to Ml. Land uses
allowed in the M2 zone, but not in the M1 zone are generally more caustic types of industrial
uses such as:
• Auto wrecking, salvage and storage
• Chemical Production
• Production of Construction Materials
• Extraction, Manufacture, and Refining of Petroleum Products
• Recycling or Waste Reduction
• Sexually Oriented/Adult Business
ITEM 4 11/10/15
A more detailed breakdown of the differences between specific types of uses within each of these
categories is provided in Attachment 2. A complete listing of the wide variety of light industrial
uses allowed under the proposed Ml zoning is contained in Attachment 3. The M1 zoning is
intended to retain, enhance, and intensify existing, and provide for the new development of light
industrial uses.
The proposed R3 zoning accommodates a variety of residential development types (see
Attachment 13). The intent of the zoning is to facilitate higher density multi - family residential
development.
The proposed RO zoning is intended to protect properties from hazards such as flooding, to protect
natural resources and scenic features for public enjoyment and use, and to set aside areas of the
City for active and passive recreational use (see Attachment 13). A limited number of passive uses
are allowed in the RO zone, with trail, park, horticulture, and public utility uses among them.
In accordance with State planning law (Government Code §65860), the City must establish
consistency between the General Plan and its zoning. Furthermore, Implementation Program I -1
of the General Plan Implementation Plan calls for consistency between General Plan and zoning
designations to be established.
Some existing uses in the area would become legal non - conforming as a result of the proposed
Zone Change. In conjunction with adoption of the 2010 General Plan, the City Council adopted
Ordinance No. 12 -09 (OMC Section 17.38.065), making special accommodations for properties
made non - conforming by the land use changes of the General Plan. A detailed review of on -the-
ground uses and status of existing uses in relation to the proposed Zone Change is provided in
Attachment 13.
Public Notice
A City Council public hearing notice was published in the Orange City News on September 30,
2015. In addition, 2,316 notices were mailed to the owners and occupants of affected properties
and properties within a 300 foot radius. Hearing notices were also posted at City Hall, City
Library, and City Fire Department posting locations. The City Council continued the originally
scheduled public hearing on October 13, 2015 to November 10, 2015 in order to address noticing
requirements related to breaking the larger General Plan Focus Area into sub -areas to
accommodate Council action in relation to individual conflicts of interest.
Planning Commission Hearing
On November 17, 2014, the Planning Commission conducted a public hearing for the proposed
zone change. The Commission adopted Resolution No. PC 32 -14, recommending approval to the
City Council by a vote of 5 -0. Following distribution of the public hearing notice for the Planning
Commission hearing, staff was contacted by representatives of 21 properties in the area seeking
confirmation that existing uses or potential future uses would continue to be acceptable under a
change in zoning. Staff's explanation addressed the majority of the concerns at that time. Staff
ITEM 5 11/10/15
continued to work with property owners with remaining concerns following the public hearing to
address lingering issues to the satisfaction of the property owners. The Planning Commission
Resolution, Minutes, and Staff Report are provided as Attachments 11, 12 and 13, respectively.
Property owner communications and follow up related to the Planning Commission hearing are
provided in Attachments 4 and 13, respectively.
Since the time of the originally schedule City Council public hearing on the item on October 13,
staff has had further interaction with property representatives regarding the Zone Change. These
contacts are also identified in Attachment 4.
Representatives of certain existing businesses have expressed concerns about the change in zoning
creating constraints on the use of property that would diminish its desirability in the industrial
marketplace. While much of the difference between uses in the M1 and M2 zones relate to toxicity,
combustibility, or other similarly caustic activities, staff believes that a review of industrial uses
based on today's environmental regulations and modern technology and business practices may
provide the opportunity to include a number of uses as "Conditionally Permitted" uses in the M 1
zone that are presently "Prohibited" uses. Following a more detailed review and research of related
production processes and environmental regulations, staff would then return to the Council with a
Code amendment to potentially accommodate a wider variety of uses in the M1 zone at the
Council's direction.
8. ATTACHMENTS
1. Zone Change sub -area maps
2. Comparison of Land Uses — Ml vs. M2
3. Complete Industrial Zoning Land Use Table
4. Planning Commission and City Council Hearing Communications
5. 2010 General Plan Industrial Land Use Focus Area Map
6. Ordinance No. 05 -15(A) (including exhibits showing existing and proposed zoning)
7. Ordinance No. 05 -15(B) (including exhibits showing existing and proposed zoning)
8. Ordinance No. 05 -15(C) (including exhibits showing existing and proposed zoning)
9. Ordinance No. 05 -15(D) (including exhibits showing existing and proposed zoning)
10. Ordinance No. 05 -15(E) (including exhibits showing existing and proposed zoning)
11. Planning Commission Resolution No. PC 32 -14
12. November 17, 2014 Planning Commission Minutes
13. November 17, 2014 Planning Commission Staff Report
14. Post - Planning Commission Property Owner Follow Up
ITEM 6 11/10/15
ORDINANCE NO. 05-15(A)
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF ORANGE APPROVING ZONE CHANGE
NO. 1276 -14(A) REZONING PROPERTIES IN THE
INDUSTRIAL 2010 GENERAL PLAN LAND USE
FOCUS AREA LOCATED AT 546 NORTH BATAVIA
STREET TO MULTIPLE FAMILY RESIDENTIAL
TO ESTABLISH CONSISTENCY BETWEEN THE
MEDIUM DENSITY RESIDENTIAL GENERAL
PLAN LAND USE DESIGNATION AND ZONING
CLASSIFICATION IN ACCORDANCE WITH
STATE LAW
ZONE CHANGE NO. 1276 -14(A)
APPLICANT: CITY OF ORANGE
WHEREAS, on March 9, 2010 the City adopted its 2010 General Plan, including a Land
Use Element and associated Land Use Policy Map that re- designated Industrial (0.4 FAR),
Industrial (0.6 FAR), and Industrial (3 -story height limit) (0.6 FAR) land uses in the Industrial
General Plan Focus Area to Industrial (I) and Light Industrial (LI). This parcel review associated
with this change brought attention to a property developed with multi - family residential units
located at 546 North Batavia Street (APN# 039 - 011 -19) that has a long standing split zoned
condition of General Manufacturing (M2) and Multiple- Family Residential (R3); and
WHEREAS, one parcel subject to Zone Change No. 1276 -14(A) located at 546 North
Batavia Street has had a split zoning classification of M2 and R3, with the M2 classification
being inconsistent with the Medium Density Residential General Plan land use designation. To
achieve zoning uniformity for the entire site and General Plan consistency, a change in zoning to
R3 is warranted for this parcel; and
WHEREAS, California Government Code Section 65860 requires consistency between a
city's General Plan and zoning designations; and
WHEREAS, the City Council of the City of Orange is authorized by Government Code
Section 65850 to adopt ordinances amending the City's zoning code; and
WHEREAS, the Planning Commission, having considered the proposed Ordinance and
Zone Change at a public hearing held on November 17, 2014, including review of the staff report
and having received public testimony, has determined the proposed amendment is justified and
recommends approval thereof; and
ATTACHMENT NO. 6
ORD. 05 -15(A) INCL. EXHIBITS
SHOWING EXISTING & PROPOSED
ZONING
ZONE CHANGE 1276 -14
NOVEMBER 10, 2015 CC MTG.
ORDINANCE NO. 05-15(B)
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF ORANGE APPROVING ZONE CHANGE
NO. 1276 -14(B) REZONING PROPERTIES IN THE
INDUSTRIAL 2010 GENERAL PLAN LAND USE
FOCUS AREA LOCATED AT THE NORTHEAST
AND SOUTHEAST CORNERS OF TAFT AVENUE
AND GLASSELL STREET /ORANGE -OLIVE ROAD
TO MULTIPLE FAMILY RESIDENTIAL TO
ESTABLISH CONSISTENCY BETWEEN THE
MEDIUM DENSITY RESIDENTIAL GENERAL
PLAN LAND USE DESIGNATION AND ZONING
CLASSIFICATION IN ACCORDANCE WITH
STATE LAW
ZONE CHANGE NO. 1276 -14(B)
APPLICANT: CITY OF ORANGE
WHEREAS, on March 9, 2010 the City adopted its 2010 General Plan, including a Land
Use Element and associated Land Use Policy Map that re- designated properties on the northeast
and southeast corners of the intersection of Taft Avenue and Glassell Street/Orange -Olive Road
(APN #374 - 371 -02, 375- 091 -03, 375- 091 -05, 375- 091 -19, and 375- 091 -23) from General
Commercial (GC) to Medium Density Residential (MDR); and
WHEREAS, certain properties subject to Zone Change No. 1276 -14(B) have had a
zoning classification of Limited Business which is not consistent with the Medium Density
Residential General Plan land use designation. To achieve consistency, a change in zoning to
Multiple Family Residential is warranted for these properties; and
WHEREAS, California Government Code Section 65860 requires consistency between a
city's General Plan and zoning designations; and
WHEREAS, the City Council of the City of Orange is authorized by Government Code
Section 65850 to adopt ordinances amending the City's zoning code; and
WHEREAS, the Planning Commission, having considered the proposed Ordinance and
Zone Change at a public hearing held on November 17, 2014, including review of the staff report
and having received public testimony, has determined the proposed amendment is justified and
recommends approval thereof; and
WHEREAS, the City Council held a duly advertised public hearing on October 13, 2015,
which was lawfully continued in open session to November 10, 2015, for the purpose of
ATTACHMENT NO. 7
1 ORD. 05 -15(B) INCL. EXHIBITS
SHOWING EXISTING & PROPOSED
ZONING
ZONE CHANGE 1276 -14
NOVEMBER 10, 2015 CC MTG.
ORDINANCE NO. 05-15(C)
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF ORANGE APPROVING ZONE CHANGE
NO. 1276 -14(C) REZONING PROPERTIES IN THE
PORTION OF THE INDUSTRIAL 2010 GENERAL
PLAN LAND USE FOCUS AREA GENERALLY
LOCATED NORTH OF KATELLA AVENUE TO
LIGHT MANUFACTURING AND RECREATIONAL
OPEN SPACE TO ESTABLISH CONSISTENCY
BETWEEN THE LIGHT INDUSTRIAL AND OPEN
SPACE GENERAL PLAN LAND USE
DESIGNATIONS AND ZONING CLASSIFICATION
IN ACCORDANCE WITH STATE LAW
ZONE CHANGE NO. 1276 -14(C)
APPLICANT: CITY OF ORANGE
WHEREAS, on March 9, 2010 the City adopted its 2010 General Plan, including a Land
Use Element and associated Land Use Policy Map that re- designated Industrial (0.4 FAR),
Industrial (0.6 FAR), and Industrial (3 -story height limit) (0.6 FAR) land uses in the Industrial
General Plan Focus Area to Industrial (I) and Light Industrial (LI); and
WHEREAS, certain properties subject to Zone Change No. 1276 -14(C) have had zoning
classifications of Industrial, split Industrial /Light Manufacturing, split Industrial /unzoned, and
unzoned, none of which are consistent with the Light Industrial General Plan land use
designation. To achieve consistency, a change in zoning to Light Manufacturing is warranted for
these properties; and
WHEREAS, certain properties subject to Zone Change No. 1276 -14(C) have had a
zoning classification of Industrial or are unzoned, neither of which is consistent with the Open
Space General Plan land use designation. To achieve consistency, a change in zoning to
Recreational Open Space is warranted for these properties; and
WHEREAS, California Government Code Section 65860 requires consistency between a
city's General Plan and zoning designations; and
WHEREAS, the City Council of the City of Orange is authorized by Government Code
Section 65850 to adopt ordinances amending the City's zoning code; and
WHEREAS, the Planning Commission, having considered the proposed Ordinance and
Zone Change at a public hearing held on November 17, 2014, including review of the staff report
ATTACHMENT NO. 8
ORD. 05 -15(C) INCL. EXHIBITS
1 SHOWING EXISTING & PROPOSED
ZONING
ZONE CHANGE 1276 -14
NOVEMBER 10, 2015 CC MTG.
ORDINANCE NO. 05-15(D)
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF ORANGE APPROVING ZONE CHANGE
NO. 1276 -14(D) REZONING PROPERTIES IN THE
PORTION OF THE INDUSTRIAL 2010 GENERAL
PLAN LAND USE FOCUS AREA GENERALLY
LOCATED SOUTH OF THE COLLINS CHANNEL
AND EAST OF MAIN STREET TO LIGHT
MANUFACTURING TO ESTABLISH
CONSISTENCY BETWEEN THE LIGHT
INDUSTRIAL GENERAL PLAN LAND USE
DESIGNATION AND ZONING CLASSIFICATION
IN ACCORDANCE WITH STATE LAW
ZONE CHANGE NO. 1276 -14(D)
APPLICANT: CITY OF ORANGE
WHEREAS, on March 9, 2010 the City adopted its 2010 General Plan, including a Land
Use Element and associated Land Use Policy Map that re- designated Industrial (0.4 FAR),
Industrial (0.6 FAR), and Industrial (3 -story height limit) (0.6 FAR) land uses in the Industrial
General Plan Focus Area to Industrial (1) and Light Industrial (LI); and
WHEREAS, certain properties subject to Zone Change No. 1276 -14(D) have had zoning
classifications of Industrial (M2) which is inconsistent with the Light Industrial General Plan
land use designation. To achieve consistency, a change in zoning to Light Manufacturing (M1) is
warranted for these properties; and
WHEREAS, California Government Code Section 65860 requires consistency between a
city's General Plan and zoning designations; and
WHEREAS, the City Council of the City of Orange is authorized by Government Code
Section 65850 to adopt ordinances amending the City's zoning code; and
WHEREAS, the Planning Commission, having considered the proposed Ordinance and
Zone Change at a public hearing held on November 17, 2014, including review of the staff report
and having received public testimony, has determined the proposed amendment is justified and
recommends approval thereof, and
WHEREAS, the City Council held a duly advertised public hearing on October 13, 2015,
which was lawfully continued in open session to November 10, 2015, for the purpose of
considering Zone Change No. 1276 -14(D) as it pertains to the Industrial 2010 General Plan Land
Use Focus Area upon the properties shown in the attached Exhibit "A ";
ATTACHMENT NO.9
ORD. 05 -15(D) INCL. EXHIBITS
1 SHOWING EXISTING & PROPOSED
ZONING
ZONE CHANGE 1276 -14
NOVEMBER 10, 2015 CC MTG.
ZONE CHANGE NO. 1276 -14
RESOLUTION NO. PC 32 -14
A RESOLUTION OF THE PLANNING COMMISSION
RECOMMENDING THE CITY COUNCIL APPROVE
ZONE CHANGE NO. 1276 -14 AND ADOPT AN
ORDINANCE REZONING PROPERTIES IN THE
INDUSTRIAL 2010 GENERAL PLAN LAND USE FOCUS
AREA TO LIGHT MANUFACTURING, RESIDENTIAL
MULTIPLE FAMILY, AND RECREATIONAL OPEN
SPACE TO ESTABLISH CONSISTENCY BETWEEN THE
LIGHT INDUSTRIAL, MEDIUM DENSITY RESIDENTIAL,
AND OPEN SPACE GENERAL PLAN LAND USE
DESIGNATIONS IN ACCORDANCE WITH STATE LAW
APPLICANT: CITY OF ORANGE
Moved by, Commissioner Gladson and seconded by Commissioner Correa that the
following resolution be adopted:
WHEREAS, on March 9, 2010 the City adopted its 2010 General Plan, including a Land
Use Element and associated Land Use Policy Map that re- designated Industrial (0.4 FAR),
Industrial (0.6 FAR), and Industrial (3 -story height limit) (0.6 FAR) land, uses in the Industrial
General Plan Focus Area to Industrial (I) and and Light Industrial (LI). Another change that
occurred in the Industrial Focus Area was the re- designation of properties on the northeast and
southeast corners of the intersection of Taft Avenue and Glassell Street/Orange -Olive Road from
General Commercial (GC) to Medium Density Residential (MDR); and
WHEREAS, certain properties subject to Zone Change No. 1276 -14 have a variety of
zoning conditions including Industrial, split - zoned Industrial /Light Manufacturing, split -zoned
Industrial /unzoned, and unzoned, none of which are consistent with the LI General Plan land use
designation; and
WHEREAS, certain properties subject to Zone Change No. 1276 -14 are zoned Industrial
and Limited Business, neither of which are consistent with the MDR General Plan land use
designation; and
WHEREAS, certain properties subject to Zone Change No. 1276 -14 are zoned Industrial
or are unzoned, neither of which are consistent with the Open Space General Plan land use
designation; and
WHEREAS, California Government Code §65860 requires consistency between a city's
general plan and zoning; and
ATTACHMENT NO. 11
PLANNING COMMISSION
RESOLUTION PC -32 -14
ZONE CHANGE 1276 -14
NOVEMBER 10, 2015 CC MTG.