RES-9861 General Plan Amendment ApprovalRESOLUTION NO. 9861
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ORANGE APPROVING A GENERAL PLAN AMENDMENT
TO: (I) REDESIGNATE 11.87 ACRES OF PROPERTY
LOCATED NORTH OF LINCOLN AVENUE FROM RA
RESOURCE AREA) TO OS-P (OPEN SPACE - PARK); (2)
REDESIGNATE 7 ACRES OF PROPERTY LOCATED 1,000
FEET NORTH OF LINCOLN AVENUE AND WEST OF
GLASSELL STREET FROM RA (RESOURCE AREA) TO OS
OPEN SPACE); (3) TO REDESIGNATE 36.52 ACRES OF
PROPERTY LOCATED WEST OF GLASSELL STREET
BETWEEN LINCOLN AVENUE AND THE SANTA ANA
RIVER FROM RA (RESOURCE AREA) TO LMDR (LOW-
MEDIUM DENSITY RESIDENTIAL); (4) REDESIGNATE 17.83
ACRES OF PROPERTY LOCATED WEST OF GLASSELL
STREET AND NORTH LINCOLN AVENUE FROM RA TO
MDR (MEDIUM DENSITY RESIDENTIAL); AND (5)
REDESIGNATE PROPERTY LOCATED AT THE
SOUTHEAST CORNER OF ALMOND AVENUE AND LEMON
STREET FROM OT (OLD TOWNE MIXED USE) AND MDR
MEDIUM DENSITY RESIDENTIAL) TO MDR (MEDIUM
DENSITY RESIDENTIAL).
APPLICANTS: DEL RIO, LLC
JOE AND LINDA DAY
WHEREAS, the City Council has the authority per Government Code Section 65350 et
seq., to amend the City's General Plan when it finds it to be in the public interest; and
WHEREAS, Del Rio LLC (Del Rio) and Joe and Linda Day (the Days) have filed
applications with the City requesting amendments to the land use element of the General Plan
to re-designate various properties to accommodate their respective projects, which
amendments are attached hereto as Exhibit A (the General Plan Amendment);
and WHEREAS, the City Council has the authority per Government Code
Section 65358(b), to group unrelated general plan amendments into one action;
and WHEREAS, the Del Rio component of the General Plan AJmendment constitutes
a project within the meaning of the California Environmental Quality Act (CEQA) and
State CEQA Guidelines. In compliance with CEQA and the State CEQA Guidelines, the City
has prepared an Environmental Impact Report, designated as State Clearinghouse No. 9906112,
to evaluate the potential adverse environmental effects of the Del Rio component of the
General Plan Amendment (hereinafter EIR);
WHEREAS, the Days' component of the General Plan Amendment constitutes a
project within the meaning of CEQA and the State CEQA Guidelines. In compliance with
CEQA and the State CEQA Guidelines, the City has prepared a Mitigated Negative Declaration
to evaluate the potential adverse environmental effects of the Days component of the General
Plan Amendment (hereinafter MND); and
WHEREAS, in accordance with Government Code section 65352, the City has referred
the General Plan Amendment to all local governmental agencies abutting or affected by the
General Plan Amendment, and to the Local Agency Formation Commission of the County of
Orange; and
WHEREAS, in accordance with State and local law, on April 5, 2004, the Planning
Commission conducted a duly noticed public hearing on the Del Rio component of the General
Plan Amendment and the EIR, considered information presented by City staff and public
testimony regarding the Del Rio project and the EIR, and voted to recommend City Council
certification of the EIR and approval of the Del Rio component of the General Plan
Amendment; and
WHEREAS, in accordance with State and local law, on March 15,2004, the Planning
Commission conducted a duly noticed public hearing on the Days' General Plan Amendment
and the MND, considered information presented by City staff and public testimony regarding
the Days project and the MND, and by a vote of not less than a majority of its total membership
recommended adoption of the MND and approval of the Days component of the General Plan
Amendment; and
WHEREAS, in accordance with State and local law, on May 11, 2004, the City
Council conducted a duly noticed public hearing on the General Plan Amendment, reviewed the
General Plan Amendment, EIR and the MND, and considered information presented by City
staff and public testimony regarding the EIR, MND and General Plan Amendment.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ORANGE
HEREBY RESOLVES AS FOLLOWS:
SECTION I:
The City Council certified the EIR by the approval of Resolution No. 9864. The City
Council hereby adopts the Findings of Facts set forth in Exhibit A to Resolution No. 9864, and
the Mitigation Monitoring and Reporting Program attached as Exhibit B to Resolution No.
9864. The City Council finds and declares that the EIR represents the independ,:nt judgment of
the City Council, as the lead agency. Prior to approving the Del Rio component of the General
Plan Amendment, the City Council has considered the information in the EIR and the Findings
and Facts, the comments received on the EIR, and the responses to comments.
2
SECTION II:
Prior the approval of the Days' component of the General Plan Amendment, the City
Council has reviewed the MND prepared for the Days component of the General Plan
Amendment and has considered the information contained therein, the public testimony and the
Planning Commission's recommendation thereon.
SECTION III:
The City Council makes the following findings with respect to the General Plan
Amendment:
1. That the proposed action furthers the City's General Plan goals of providing
additional open space, recreational facilities and housing opportunities, and that
the General Plan Amendment is consistent with the remainder of the City of
Orange General Plan.
2. That the California Government Code and City of Orange requirements for a
General Plan Amendment have been appropriately and adequately addressed.
3. That the subject sites are physically suitable for the type and intensity of the land
uses being proposed.
4. That there is adequate public access and adequate utilities to service the
proposed public park and residential developments.
5. That the project locations, size and design are compatible with existing
surrounding development and neighborhoods.
6. That the projects provide for safe and adequate vehicular and pedestrian
circulation, both on and off-
site.7. That the General Plan Amendment is granted upon sound principles ofland
use and in response to services required by the
community.8. That the General plan amendment will not cause deterioration of bordering
land uses or create special problems for the areas in which the sites are
located.9. That the General Plan Amendment has been considered in relationship to
its effect on the community or neighborhood for the areas in which the sites
are
located.10. That there is no evidence before the City Council of the City of Orange that
the proposed public park site or residential developments will have any potential
for adverse affects, either individually or cumulatively, on wildlife resources or
the habitat upon which the wildlife
depends.
11. That the data and analysis upon which these findings of fact are based are set
forth in the EIR, MND, staff reports, oral presentation, public testimony and
evidence, and Commissioner comments, and all documentation associated with
the foregoing, that constitute the record which is the basis for the City Council's
review and approval of this General Plan Amendment.
SECTlONIV:
The City Council adopts and approves the amendment of the land use dement of the
City's General Plan to re-designate the subject properties in accordance with the maps
attached as Exhibit
A.SECTION
V:The City Council authorizes and directs City staff to file Notices of Determination
with respect to the General Plan
Amendment.ADOPTED this 11
th day of May,
2004.j~1)
I/City of
Orange
ATTEST:
MaryE.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 11
th day of May, 2004, by the following
vote:
AYES:
NOES:
ABSENT:
ABSTAIN:COUNCILMEMBERS: Ambriz, Alvarez, Murphy, Coontz,
Cavecche COUNCILMEMBERS:
None COUNCILMEMBERS:
None COUNCILMEMBERS:
None
MaryE.z:~-
City Clerk, City ~ge
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