HomeMy WebLinkAboutORD 07-13 Zone Change 1264-12 Carlos San RomanORDINANCE NO. 7 -13
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF ORANGE APPROVING ZONE CHANGE
NO. 1264 -12 TO PLACE A SINGLE - FAMILY
RESIDENTIAL (R -1 -7) ZONE ON PREVIOUS
RAILROAD RIGHT -OF -WAY WITH AN APN OF
094 - 593 -28.
ZONE CHANGE 1264 -12
APPLICANT: CARLOS SAN ROMAN
WHEREAS, Zone Change No. 1264 -12 ( "Zone Change ") to classify unzoned
property to Single - Family Residential (R -1 -7) was filed in accordance with the provisions of
the City of Orange ( "City ") Municipal code; 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 laws; and
WHEREAS, the Zone Change constitutes a "project" within the meaning of the
California Environmental Quality Act ( "CEQA ") and the CEQA Guidelines. In compliance
with CEQA and the CEQA Guidelines, the City has determined that the project is covered by
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 Guidelines Section 15168 (c) allows the use
of a previously- certified Program EIR to cover "later activities" subject to the following
findings:
The project would not have effects that were not examined in the Program EIR; and
No new significant impacts (or a substantial increase in the severity of an impact)
would occur and no new mitigation measures are required; and
WHEREAS, the City Council has considered that, because the land use assumptions
of Program EIR No. 1815 -09 included the site's existing Low Density Residential 2 -6
DU /acre (LDR) General Plan Land Use designation, impacts for future development on the
site have been evaluated in the EIR. Table LU -3 of the General Plan Land Use Element
identifies Single - Family Residential (R -1 -7) as consistent with the LDR General Plan
designation. Hence, changing the zoning to Single - Family Residential (R -1 -7) will be
consistent with the existing LDR General Plan designation because the proposed activity falls
within the scope of the previously- approved General Plan and is adequately described in
previously - certified Program EIR No. 1815 -09 for purposes of CEQA and no further analysis
is merited.
WHEREAS, In accordance with State and City law, on May 20, 2013, the Planning
Commission conducted a duly noticed public hearing on the Project and considered
information presented by City staff, the applicant, and the public regarding the Project and by
a unanimous vote of 4 -0 with one seat vacant, recommended City Council approval of the
Project which consists exclusively of the Zone Change based on the aforementioned
environmental determination that the project is covered by Final Program Environmental
Impact Report (EIR) No. 1815 -09.
WHEREAS, in accordance with State and City law, on June 25, 2013, the City
Council conducted a duly noticed public hearing, reviewed and considered the environmental
determination that the project is covered by Final Program Environmental Impact Report
EIR) No. 1815 -09, and considered information and testimony presented by City staff, the
applicant and the public concerning the Project for the purpose of considering Zone Change
1264 -12 upon property as shown in staff report Attachments 3 and 7.
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 staff report Attachment
4 and incorporated herein by reference. The City's Zoning Map as referenced in Section
17.06.030 of the Orange Municipal Code is amended in order to change the zoning
classification by amending the zoning on the site depicted on the map included hereto as staff
report Attachment 5 and incorporated herein by reference.
SECTION II
The proposed zone change described in Section 1 is related to the public welfare, in
that it furthers the objectives and policies of the General Plan by causing the site Zoning to
be consistent with the General Plan in accord with State law.
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 91h day of July, 2013.
T-es . Smith, Mayor, 'City of Orange
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ATTEST:
Mary E u , City Clerk, Cit of 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 25 day of June, 2013, and thereafter at the regular meeting of said City
Council duly held on the 91h day of July, 2013, was duly passed and adopted by the following
vote, to wit:
AYES:COUNCILMEMBERS:Alvarez, Whitaker, Smith, Murphy, Bilodeau
NOES:COUNCILMEMBERS:None
ABSENT:COUNCILMEMBERS:None
ABSTAIN:COUNCILMEMBERS:None
Mary E. ity Clerk, o ange
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