RES-10566 General Plan Amendement ApprovalRESOLUTION NO. 10566
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ORANGE APPROVING GENERAL PLAN
AMENDMENT NO. 2007 -0001 WHICH INCLUDES
TEXT AMENDMENTS TO THE ORANGE PARK
ACRES PLAN AND AFFIRMS THE SITE'S
EXISTING LAND USE DESIGNATION OF "OTHER
OPEN SPACE AND LOW DENSITY (1 ACRE)"
WHICH SHALL BE REFLECTED ON THE
ORANGE PARK ACRES PLAN AND CITY
GENERAL PLAN LAND USE MAP.
GENERAL PLAN AMENDMENT NO. 2007-0001
WHEREAS, the City Council has authority per Orange Municipal Code ( "OMC ")
Section 17.10.010 to take action on General Plan Amendment No. 2007 -0001, which
includes text amendments to the Orange Park Acres Plan ( "OPA Plan ") and affirms the site's
existing land use Designation of "Other Open Space and Low Density (I acre)"; and
WHEREAS, the applicant, John Martin, on behalf of and with the approval of the
property owner, Milan Rei IV, LLC, submitted a project application in accordance with the
OMC known as the Ridgeline Equestrian Estates Project, which consists of General Plan
Amendment No. 2007 -001, Zone Change No. 1243 -07, Tentative Tract Map No. 0019 -07
also known as Tentative Tract Map No. 17167), Development Agreement No. 5600, Major
Site Plan No. 0496 -07, and Design Review Committee No. 4207 -07, (collectively, the
Project "); and
WHEREAS, General Plan Amendment No. 2007 -001 was processed in the time and
manner prescribed by state law and the OMC; and
WHEREAS, the OPA Plan was, pursuant to City Council Resolution 3915, adopted
in 1973 as "part of the required land use element to be included in a General Plan for the City
of Orange" and no action by the City Council has been taken that would supersede the action
taken in 1973; and
WHEREAS, General Plan Amendment No. 2007 -0001 includes an amendment to the
OPA Plan to: (i) clarify the original and unchanged terms of the existing OPA Plan which
permitted both golf course and one -acre residential uses on the subject property; (ii) add text
that provides for vinyl fencing in addition to wood fencing; (iii) provide text revisions to
reflect the Ridgeline Equestrian Estates project dwelling unit densities in the OPA Plan and
eliminate golf course references in the OPA Plan; and (iv) make the General Plan land use
designations for the subject property consistent throughout the General Plan; and
WHEREAS, The OPA Plan designates the golf course portion of the Ridgeline
project property as "Other Open Space and Low Density (1 acre)" pursuant to City Council
adoption of Resolution 3915 which states that "the recommendation of the Planning
Commission of the City of Orange be upheld and that the herein described General Plan for
the Orange Park Acres area ... as set forth in that certain plan prepared by J.L. Webb Planning
Consultants, dated September 1973 and as amended by the Planning Commission on
November 19, 1973, be adopted and approved as a part of the land use element of the City of
Orange... "; and
WHEREAS, In recommending approval of the OPA Plan via PC Resolution 85 -73
on November 19, 1973, the Planning Commission adopted the plan as presented in the J.L.
Webb Planning document, but with some modifications, one of which was to "designate the
Golf Course as Other Open Space and Low Density (1 acre)." ; and
WHEREAS, Pursuant to the authority and criteria contained in the California
Environmental Quality Act (CEQA), the City analyzed the proposal and determined that the
project will have a potentially significant adverse effect on the environment. A Draft
Environmental Impact Report 1788 -07 (the "DEIR ") was prepared and circulated for public
review for a period of at least 45 days, from September 24, 2009, through November 7, 2009,
but was extended to November 23, 2009, due to a clerical error that initially inadvertently
omitted Section 5.4, Cultural Resources, but was corrected by insertion of the section; and
WHREAS, the Final Environmental Impact Report consists of the DEIR, Responses
to Comments, Errata to the DEIR, a Mitigation Monitoring and Compliance Program,
technical appendices, and two letter updates; and
WHEREAS, the FEIR is complete and adequate for the consideration of the General
Plan Amendment; and
WHEREAS, the City Council adopted Resolution 10565 on June 14, 2011, certifying
the FEIR and adopting a Statement of Overriding Considerations and a Mitigation
Monitoring Compliance Program for the Project; and
WHEREAS, the Planning Commission conducted a public hearing on the Project on
May 3, 2010, continued the item to May 17, 2010 and again to June 7, 2010, at which time it
adopted Planning Commission Resolution No. PC 09 -10, which contains a recommendation
for approval of General Plan Amendment 1788 -07; and
WHEREAS, the City Council conducted a duly advertised public hearing on May 10,
2011, at which time extensive public testimony was taken. The item was continued to May
24, 2011, for further discussion and deliberation and at such time the City Council directed
staff to prepare the necessary resolutions, including this Resolution and findings applicable
thereto, and ordinances consistent with its deliberations.
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NOW, THEREFORE, BE IT RESOLVED that the City Council approves General
Plan Amendment No. 1788 -07 as shown in Attachment "A ", which is incorporated herein
by this reference.
SECTION 1— FINDINGS
General Plan Amendment:
Required Findings:
There are no required findings for a General Plan Amendment since it is considered a
legislative action however, the below discusses the project's consistency with the
General Plan, which includes the OPA Plan as part of the General Plan Land Use
Element.
1. The project must be consistent with the goals and policies stated within the
City's General Plan.
Upon approval of the proposed amendments to the General Plan, the project is
consistent with the goals and policies of the City's General Plan that was
approved by the City Council on March 9, 2010, including the OPA Plan which is
part of the General Plan Land Use Element pursuant to City Council adoption of
Resolution 3915 in 1973 that included the OPA Plan as "part of the required land
use element to be included in a General Plan for the City of Orange." Evidence of
the General Plan consistency is provided within the "Consistency with Updated
General Plan" analysis located in Draft Environmental Impact Report 1788 -07,
Response to Comments, Master Responses, Section 2.0. Evidence of consistency
with the OPA Plan portion of the General Plan Land Use Element is located in
Draft Environmental Impact Report 1788 -07 in Table 5.8 -9 of the Land Use and
Planning section and in clarification provided in the response to comments
section. The analysis is conducted on a Goal by Goal and Policy by Policy basis
and incorporated by reference and as fully set forth in Table 5.8 -9 of the Land Use
and Planning Section and Response to Comments, Master Responses, Section 2.0
of Environmental Impact Report 1788 -07. The existing Other Open Space and
Low Density (1 acre) General Plan Designation is consistent with the project and
the General Plan, as texturally amended because the open space and residential
designation is consistent with residential one acre lots.
ADOPTED this 14 day of June, 2011.
ATTEST:
Mary , City Clerk, City nu ge
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I, MARY E. MURPHY, City Clerk of the City of Orange, California, do hereby certify
that the foregoing Resolution was duly and regularly adopted by the City Council of the City
of Orange at a regular meeting therefore held on the 14 day of June, 2011, by the following
vote:
AYES: COUNCIL MEMBERS: Whitaker, Cavecche, Dumitru, Bilodeau
NOES: COUNCIL MEMBERS: Smith
ABSTAIN: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
Mary y, Cit Clerk, ity of Orange
M