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HomeMy WebLinkAboutORD 07-17 Rezoning Property ApprovalORDINANCE NO. 07 -17 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ORANGE APPROVING ZONE CHANGE NO. 1284 -16 REZONING PROPERTY LOCATED AT 1725 WEST KATELLA AVENUE TO URBAN MIXED USE TO ESTABLISH CONSISTENCY BETWEEN THE URBAN MIXED USE GENERAL PLAN LAND USE DESIGNATION AND ZONING CLASSIFICATION IN ACCORDANCE WITH STATE LAW. ZONE CHANGE NO. 1284 -16 APPLICANT: BRANCH WEST WHEREAS, on March 9, 2010 the City adopted its 2010 General Plan, including changes to land use designations along the Katella Corridor General Plan Focus Area from Commercial Recreation to Urban Mixed Use to establish land use policy that encourages: economic development; diversification of allowable land uses; property reinvestment and redevelopment for underutilized property or development conditions that are no longer suited for present -day business needs; and opportunities for the creation of housing in proximity to employment, services, public transportation, and existing hubs of activity; and WHEREAS, since the 2010 General Plan adoption, the City has received its first application for a residential project in the Katella Avenue Focus Area that proposes to redevelop an existing light industrial complex with a 94 -unit apartment complex with podium parking and requires a zone change to Urban Mixed Use in order to develop the property with apartments, consistent with the General Plan; and WHEREAS, the property subject to Zone Change No. 1284 -16 has a zoning classification of Commercial Recreation, which is not consistent with the Urban Mixed Use General Plan land use designation; 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 September 6, 2017, 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 November 14, 2017 for the purpose of considering Zone Change No. 1284 -16 as it pertains to property located at 1725 West Katella Avenue shown in the attached Exhibit "A ". NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ORANGE DOES ORDAIN AS FOLLOWS: SECTION I The existing zoning is depicted on the map attached hereto as Exhibit "A" and incorporated herein by reference. The Orange Municipal Code is amended in order to change the zoning classification by amending the zoning on the site depicted on the map attached hereto as Exhibit B" and incorporated herein by reference. SECTION II The proposed zone change described in Section I is related to the public welfare, required by California Government Code Section 65860 and consistent with Final Program Environmental Impact Report (EIR) No. 1815 -09 for the Comprehensive General Plan Update, certified on March 9, 2010, and prepared in accordance with the California Environmental Quality Act (CEQA). The proposed Zone Change was further evaluated in Mitigated Negative Declaration No. 1853 -16 prepared in conjunction with the entitlement process for Major Site Plan Review No. 0833 -16, Design Review No. 4888 -16, and Administrative Adjustment No. 0248 -17. The proposed zone change is within the scope of the previously approved General Plan and is adequately described in both the previously certified General Plan Program EIR for purposes of CEQA and Mitigated Negative Declaration No. 1853 -16. SECTION III A summary of this ordinance shall be published and a certified copy of the full text of this ordinance shall be posted in the Office of the City Clerk at least 5 days prior to the City Council meeting at which this ordinance is adopted. A summary of this ordinance shall also be published once within 15 days after the ordinances passage in a newspaper of general circulation, published, and circulated in the City of Orange. The City Clerk shall post in the Office of the City Clerk a certified copy of the full text of such adopted ordinance along with the names of those City Councilmembers voting for and against the ordinance in accordance of Government Code Section 36933. This ordinance shall take effect 30 days from and after the date of its final passage. Ordinance No. 07 -17 ADOPTED this 12th day of December 2017. C) /-, ! a 4 Teresa f. Smith, Mayor, City of Orange ATTEST: Mary E. y, City Clerk, Ci t Orange STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF ORANGE I, MARY E. MURPHY, City Clerk of the City of Orange, California, do hereby certify that the foregoing Ordinance was introduced at the regular meeting of the City Council held on the 14th day of November 2017, and thereafter at the regular meeting of said City Council duly held on the 12th day of December 2017, was duly passed and adopted by the following vote, to wit: AYES: COUNCILMEMBERS: Alvarez, Smith, Murphy, Nichols NOES: COUNCILMEMBERS: None RECUSED: COUNCILMEMBERS: Whitaker ABSTAIN: COUNCILMEMBERS: None Mary "111*31 City Clerk Orange Ordinance No. 07 -17 I N.. 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