HomeMy WebLinkAboutORD 05-15 Zone Change 1276-14AORDINANCE NO. 05-15(A)
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF ORANGE APPROVING ZONE CHANGE
NO. 1276 -14(A) REZONING PROPERTIES IN THE
INDUSTRIAL 2010 GENERAL PLAN LAND USE
FOCUS AREA LOCATED AT 546 NORTH BATAVIA
STREET TO MULTIPLE FAMILY RESIDENTIAL
TO ESTABLISH CONSISTENCY BETWEEN THE
MEDIUM DENSITY RESIDENTIAL GENERAL
PLAN LAND USE DESIGNATION AND ZONING
CLASSIFICATION IN ACCORDANCE WITH
STATE LAW.
ZONE CHANGE NO. 1276 -14(A)
APPLICANT: CITY OF ORANGE
WHEREAS, on March 9, 2010 the City adopted its 2010 General Plan, including a Land
Use Element and associated Land Use Policy Map that re- designated Industrial (0.4 FAR),
Industrial (0.6 FAR), and Industrial (3 -story height limit) (0.6 FAR) land uses in the Industrial
General Plan Focus Area to Industrial (I) and Light Industrial (LI). This parcel review associated
with this change brought attention to a property developed with multi - family residential units
located at 546 North Batavia Street (APN# 039 - 011 -19) that has a long standing split zoned
condition of General Manufacturing (M2) and Multiple - Family Residential (R3); and
WHEREAS, one parcel subject to Zone Change No. 1276 -14(A) located at 546 North
Batavia Street has had a split zoning classification of M2 and R3, with the M2 classification
being inconsistent with the Medium Density Residential General Plan land use designation. To
achieve zoning uniformity for the entire site and General Plan consistency, a change in zoning to
R3 is warranted for this parcel; 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 November 17, 2014, 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 10,
2015 for the purpose of considering Zone Change No. 1276 -14(A) as it pertains to the Industrial
2010 General Plan Land Use Focus Area upon the properties 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 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.
Vote at First Reading: AYES — Alvarez, Whitaker, Smith, Murphy, Nichols.
ADOPTED this 8th day of December, 2015.
Teresa t. Smith, Mayor, City of Orange
ATTEST:
Al tt.e 5;—
Mary E. hy, City Cl rk, C f Orange
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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 10th
day of November 2015, and thereafter at the regular meeting of said City Council duly held on
the 8th day of December 2015, was duly passed and adopted by the following vote, to wit:
MOTION:COUNCILMEMBER:Nichols
SECOND:COUNCILMEMBER:Murphy
AYES:COUNCILMEMBERS:Alvarez, Whitaker, Smith, Murphy, Nichols
NOES:COUNCILMEMBERS:None
Mary E. y, Ci Clerk, rty Orange
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