HomeMy WebLinkAboutORD 09-15 Zone Change MBK Homes Orange Olive RoadORDINANCE NO. 09-15
AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF ORANGE APPROVING ZONE
CHANGE 1274 -14, CHANGING PROJECT SITE
ZONING FROM LIMITED BUSINESS (C -1) TO
RESIDENTIAL MULTIFAMILY- SPECIFIC PLAN
R -3 (SP)) AND APPROVING AND ADOPTING THE
ASSOCIATED ORANGE -OLIVE RESIDENTIAL
SPECIFIC PLAN.
ZONE CHANGE NO. 1274 -14
APPLICANT: MBK HOMES
2025 ORANGE -OLIVE ROAD
WHEREAS, an application was filed by MBK Homes (hereafter "Applicant ")
requesting a Zone Change for the property addressed 2025 Orange -Olive Road (hereafter
project site ") in accordance with the provisions of the City of Orange Municipal Code; and
WHEREAS, an existing General Plan designation of Low Medium Density Residential
LMDR), which allows for residential development of 6 to 15 dwelling units per acre exists on
the project site; and
WHEREAS, the project site has an existing zoning of Limited Business (C -1); and
WHEREAS, according to Table LU -3 in the General Plan Land Use Element,
residential zoning districts including the R -2 and R -3 zones are compatible with the LMDR
General Plan land use designation; and
WHEREAS, the project site's existing C -1 zoning is not consistent with its existing
LMDR General Plan land use designation; and
WHEREAS, California Government Code §65860 requires consistency between a
city's General Plan and zoning; and
WHEREAS, the Applicant is requesting a Zone Change from C -1 to R -3 (SP), which
would bring the project site zoning into consistency with the General Plan; and
WHEREAS, the Applicant also desires to establish the Orange -Olive Residential
Specific Plan, which provides for a uniform set of development standards and design guidelines
applicable to the site; and
WHEREAS, the Specific Plan incorporates development standards similar to the R -3
zoning standards but is modified to better accommodate a detached condominium product type;
and
WHEREAS, on August 19, 2015, the City departments reviewed the Orange -Olive
Residential Project and recommended the application proceed subject to certain conditions; and
WHEREAS, on September 2, 2015, the City's Design Review Committee reviewed the
Orange -Olive Residential Project and recommended approval subject to conditions; and
WHEREAS, on October 5, 2015, the Planning Commission reviewed the Orange -Olive
Residential Project at a noticed public hearing and recommended approval subject to
conditions; and
WHEREAS, Mitigated Negative Declaration (MND) No. 1837 -14 was prepared in
accordance with the requirements of the California Environmental Quality Act (CEQA) and
concluded that the environmental impacts of the proposed Orange -Olive Residential Project
would be less than significant with the incorporation of mitigation measures; and
WHEREAS, MND No. 1837 -14 was circulated for public review and comment for at
least 20 days as required by CEQA, with the comment period beginning August 28, 2015 and
ending September 16, 2015; and
WHEREAS, the City Council has reviewed and considered the information presented
in MND No. 1837 -14 including any written comments received during the public review
period; and
WHEREAS, the City Council, having considered the proposed Ordinance and Zone
Change at a duly noticed public hearing held on November 10, 2015 including review of the
staff report and having received public testimony on the item, has determined the proposed
Zone Change and Specific Plan are justified and appropriate.
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 ", Existing
Zoning, and incorporated herein by reference. The City Zoning Map is hereby amended in
order to change the zoning classification on the site depicted on the map attached hereto as
Exhibit `B ", Proposed Zoning, 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. Further, impacts of the Zone Change
are adequately described and evaluated in MND No. 1837-14 in compliance with the California
Environmental Quality Act.
2
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.
Teres E. Smith, Mayor, City of Orange
ATTEST:
Mary E. City Clerk, City ange
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:Whitaker
SECOND:COUNCILMEMBER:Nichols
AYES:COUNCILMEMBERS:Alvarez, Whitaker, Smith, Murphy, Nichols
NOES:COUNCILMEMBERS:None
Mary E. ity Clerk, City kbrange