HomeMy WebLinkAboutORD 02-16 Zone Change Approval For Single Family ResidentialORDINANCE NO. 02-16
AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF ORANGE APPROVING ZONE
CHANGE NO. 1278 -15 FOR THE
ESTABLISHMENT OF SINGLE FAMILY
RESIDENTIAL, 7,000 S.F. (R -1 -7),
RESIDENTIAL MULTIPLE FAMILY (R -3), AND
LIMITED BUSINESS (C -1) ZONING
CONSISTENT WITH THE EXISTING LOW
DENSITY RESIDENTIAL 2 -6 DU /AC (LDR),
LOW MEDIUM RESIDENTIAL 6 -15 DU /AC
LMDR), AND GENERAL COMMERCIAL MAX.
1.0 FAR (GC) GENERAL PLAN LAND USE
DESIGNATIONS, FOR CURRENTLY UNZONED
PROPERTY LOCATED SOUTH OF CHAPMAN
AVENUE BETWEEN S. CRAIG DRIVE AND S.
MALENA DRIVE.
ZONE CHANGE NO. 1278 -15
APPLICANT: ED LOFTUS II
WHEREAS, on March 9, 2010, the City adopted its 2010 General Plan, including a Land
Use Element and associated Land Use Policy Map that included existing designations of Low
Density Residential 2 -6 du/ac (LDR), Low Medium Residential 6 -15 du/ac (LMDR), and
General Commercial Max. 1.0 FAR (GC) for property previously used as railroad right -of -way
located south of Chapman Avenue between S. Craig Drive and S. Malena Drive; and
WHEREAS, the property previously used as railroad right -of -way located south of
Chapman Avenue between S. Craig Drive and S. Malena Drive ( "the project') is the subject of
Zone Change No. 1278 -15.
WHEREAS, the project site is not zoned which, is not consistent with the General Plan
Land Use Element Low Density Residential 2 -6 du/ac (LDR), Low Medium Residential 6 -15
du/ac (LMDR), and General Commercial Max. 1.0 FAR (GC) designations for the site and, 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. Therefore, the General Plan EIR already contemplated and
evaluated the proposed Zone Change and the associated reasonably foreseeable development of
the site; and
WHEREAS, to achieve General Plan Land Use Element consistency, establishment of
zoning on the project site to Single Family Residential, 7,000 s.f. (R -1 -7), Limited Business (C-
1) and, Residential Multiple Family (R -3) is warranted as shown on Exhibit B of this Ordinance;
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, Zone Change 1278 -15 was filed by Ed Loftus II in accordance with the
provisions of the City of Orange Municipal Code; and
WHEREAS, Zone Change 1278 -15 was filed concurrently with Conditional Use Permit
2975 -15, and Minor Site Plan 0809 -15 for a tree and shrub farm on property located south of
Chapman Avenue between S. Craig Drive and S. Malena Drive; and
WHEREAS, Zone Change 1278 -15, Conditional Use Permit 2975 -15, and Minor Site
Plan 0809 -15 was processed in the time and manner prescribed by state and local law; and
WHEREAS, Zone Change 1278 -15 is covered by Final Program Environmental Impact
Report (EIR) No. 1815 -09 for the Comprehensive General Plan Update that was certified on
March 9, 2010 and prepared in accordance with the California Environmental Quality Act
CEQA). The Zone Change is within the scope of the previously approved General Plan and is
adequately analyzed in the previously certified General Plan Program EIR for purposes of
CEQA. Specifically, the General Plan Land Use Element, which includes the General Plan Land
Use map, designates the property as Low Density Residential 2 -6 du/ac (LDR). The proposed
Single Family Residential, 7,000 s.f. (R -1 -7), Limited Business (C -1) and, Residential Multiple
Family (R -3) zoning implements the existing General Plan designations for the site; and
WHEREAS, Staff from interested departments reviewed the project on September 2,
2015, deemed the application complete, and recommend that the project proceed to the Planning
Commission; and
WHEREAS, the Planning Commission conducted one duly advertised public hearing on
November 2, 2015, at which time interested persons had an opportunity to testify either in
support of, or opposition to, the proposal and for the purpose of considering Zone Change 1278-
15, Conditional Use Permit 2975 -15, and Minor Site Plan 0809 -15 upon property described in
Exhibit C as attached hereto; and
WHEREAS, at their November 2, 2015, meeting the Planning Commission unanimously
approved Planning Commission Resolution 34 -15 recommending that that the City Council
approve Zone Change 1278 -15, Conditional Use Permit 2975 -15, and Minor Site Plan 0809 -15
for a tree and shrub farm located south of Chapman Avenue between S. Craig Drive and S.
Malena Drive; and
Ordinance No. 02 -16 2
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 sites depicted on the map attached hereto as
Exhibit `B" and incorporated herein by reference.
SECTION II
The proposed zone changes described in Section I are 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 changes are within the scope of the previously
approved General Plan and are adequately described in the previously certified General Plan
Program EIR for purposes of CEQA.
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.
ADOPTED this 9th day of February, 2016.
Teresa E. Smith, Mayor, City of Orange
ATTEST:
Mary E. , City Cler , Ci ange
Ordinance No. 02 -16 3
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 12th
day of January, 2016, and thereafter at the regular meeting of said City Council duly held on the
9th day of February, 2016, was duly passed and adopted by the following vote, to wit:
AYES:COUNCILMEMBERS:Alvarez, Whitaker, Smith, Murphy, Nichols
NOES:COUNCILMEMBERS:None
ABSENT:COUNCILMEMBERS:None
ABSTAIN:COUNCILMEMBERS:None
t
Mary E. Mu hy, City Clerk, C' Orange
Ordinance No. 02 -16