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RES-10230 Land Use Change Approval 250-276 S. Flower St.RESOLUTION NO. 10230 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ORANGE APPROVING GENERAL PLAN AMENDMENT NO. 2006-0004 AND NEGATIVE DECLARATION NO. 1766-06, TO ALLOW FOR THE LAND USE CHANGE FROM LOW DENSITY RESIDENTIAL (LDR) TO MEDIUM DENSITY RESIDENTIAL (MDR) FOR PROPERTY LOCATED AT 250-276 SOUTH FLOWER STREET APPLICANT: L' ABRI MANAGEMENT, INC.WHEREAS, General Plan Amendment No. 2006-0004 and Negative Declaration No.1766-06 were filed by the City of Orange in accordance with the provisions of the City of Orange Municipal Code; and WHEREAS, General Plan Amendment No. 2006-0004 and Negative Declaration No.1766-06 were processed in the time and manner prescribed by state and local law; and WHEREAS, on May 2, 2007 and July 5, 2007 the Staff Review Committee reviewed General Plan Amendment No. 2006-0004 and Negative Declaration No. 1766-06 and recommended that the application proceed to the Planning Commission for approval; and WHEREAS, the Planning Commission conducted one duly advertised public hearing on September 5,2007, for the purpose of considering General Plan Amendment No. 2006-0004 and Negative Declaration No. 1766-06, and adopted Planning Commission Resolution No. PC 32-07, recommending approval; and WHEREAS, the City Council of the City of Orange conducted a duly advertised public hearing on November 13, 2007, for the purpose of considering General Plan Amendment No. 2006-0004 and Negative Declaration No. 1766-06 upon property located at 250-276 South Flower Street.NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Orange hereby approves General Plan Amendment No. 2006-0004 and Negative Declaration No. 1766-06 to change the General Plan Land Use designation from Low Density Residential LDR) to Medium Density Residential (MDR), based on the following findings:SECTION 1 - FINDINGS 1. The change in the General Plan Land Use from Low Density Residential (LDR)to Medium Density 2. At this time, there is no construction proposed; therefore, there would be no need for additional public services such as schools, parks, roads, water, fire, or police services. 3. The increase in density would allow one additional unit to be constructed on- site sometime in the future. That one additional unit would then be analyzed through the City's permitting process, including, but not limited to, site plan, design, and environmental review. 4. There is no evidence before the City Council of the City of Orange that the proposal would have any potential for adverse affects, either individually or cumulatively, on wildlife resources or the habitat upon which wildlife depends. 5. The City Council of the City of Orange, in exercising its independent judgment, has made required findings pursuant to CEQA as set forth in Section 2 below. 6. The data and analysis upon which these findings of fact are based, including those in Section 2 of this Resolution, are set forth in the staff report for General Plan Amendment No. 2006-0004, Negative Declaration No. 1766- 06, staffs oral presentation, public testimony, and Planning Commission and City Council comments which constitute the City Council's review and approval of this application.SECTION 2 - ENVIRONMENTAL REVIEW 1. Negative Declaration (ENV No. 1766-06) was prepared for General Plan Amendment No. 2006-0004 in compliance with the California Environmental Quality Act and associated Guidelines. The City Council of the City of Orange hereby finds that Negative Declaration No. 1766- 06 contains a complete assessment of the potential environmental impacts of General Plan Amendment No. 2006-0004. Furthermore, the City Council finds that there are no potentially significant adverse environmental impacts associated with General Plan Amendment No. 2006-0004 and therefore adopts and approves Negative Declaration No. 1766-06. ADOPTED ATTEST: 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 thereof held on the 13th day of November, 2007, by the following vote: AYES: NOES: ABSENT: ABSTAIN: COUNCILMEMBERS: SMITH, MURPHY, CA VECCHE, DUMITRU, BILODEAU COUNCILMEMBERS: NONE COUNCILMEMBERS: NONE COUNCILMEMBERS: NONE 3