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HomeMy WebLinkAboutORD 01-13D Zone Change 1267-12D Old Towne Focus AreaORDINANCE NO. 1 -13(D) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ORANGE APPROVING ZONE CHANGE NO. 1267 -12(D) REZONING CERTAIN PROPERTIES IN THE OLD TOWNE "FOCUS AREA" WEST OF GLASSELL STREET TO SINGLE FAMILY RESIDENTIAL (R -1), IN ORDER TO ESTABLISH CONSISTENCY BETWEEN THE LOW DENSITY RESIDENTIAL GENERAL PLAN LAND USE DESIGNATION AND THE ZONING CLASSIFICATION IN ACCORDANCE WITH STATE LAW. ZONE CHANGE NO. 1267 -12(D) APPLICANT: CITY OF ORANGE WHEREAS, on March 9, 2010 the City adopted its 2010 General Plan, including changes to land use designations in the residential quadrants of the Old Towne Focus Area to establish more uniform Low Density Residential districts as presented in the Land Use Element's Land Use Policy Map; and WHEREAS, the land use designation change to Low Density Residential (LDR, 2 -6 dwelling units /acre) was intended to more accurately represent on- the - ground conditions, and support the City's long- standing historic preservation objectives for Old Towne that include protection of the predominantly historic single - family character of the residential quadrants; and WHEREAS, in addition to the properties that experienced a General Plan land use designation change in 2010, there are also properties in Old Towne that have a long- standing LDR General Plan land use designation; and WHEREAS, the properties subject to Zone Change No. 1267 -12(D) are zoned Duplex Residential (R -2 -6), Multi- family Residential (R -3), Multi- family Residential Maximum (R -4), Office Professional (O -P) and Light Manufacturing (M -1), which are not consistent with the LDR General Plan land use designation; and WHEREAS, California Government Code §65860 requires consistency between a city's General Plan and zoning; and WHEREAS, the Planning Commission, having considered the proposed Ordinance and Zone Change at a public hearing held on December 3, 2012 including review of the staff report and having received public testimony on the item, has determined the proposed amendment is justified and recommends approval thereof, and WHEREAS, the City Council, having considered the proposed Ordinance and Zone Change at a public hearing held on February 12, 2013 including review of the staff report and having received public testimony on the item, has determined that the proposed amendment is justified. 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. SFCTION 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. No further environmental documentation is warranted. 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 Council members 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 26 day of March, 2013. L eres E. Smith, Mayor, City of Orange fit, ATTEST: Mary E. Mu , "y Clerk, Ci e 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 12 day of March, 2013, and thereafter at the regular meeting of said City Council duly held on the 26 day of March, 2013, was duly passed and adopted by the following vote, to wit: AYES:COUNCILMEMBERS:Murphy, Smith, Alvarez NOES:COUNCILMEMBERS:Bilodeau ABSENT:COUNCILMEMBERS:None ABSTAIN:COUNCILMEMBERS:Whitaker Mary E. , City Cle i ge 3