RES-9556 Denying Appeal No. 484RESOLUTION NO. 9556
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ORANGE DENYING APPEAL NO. 484
AND ADOPTING THE RECOMMENDATION OF
THE PLANNING COMMISSION TO DENY ZONE
CHANGE 1210-01 TO AMEND THE BOUNDARY
OF THE CHAPMAN UNIVERSITY SPECIFIC PLAN
TO INCLUDE THREE PARCELS LOCATED AT
415 EAST WALNUT AVENUE, 526 AND 534
NORTH SHAFFER
STREET.Appeal No.
484 Appellant: Chapman
University
RECITALS:WHEREAS, Zone Change 1210-01 was filed by Chapman University
in accordance with the provisions of the City of Orange Municipal
Code; and WHEREAS, Zone Change 1210-01 requested that the boundary
of the Chapman University Specific Plan be amended to include three properties ("
subject properties") which would have been rezoned from Duplex Residential to Public
Institution-Specific Plan; and VHEREAS, the subject properties are commonly known as
415 E. WaInut Avenue,526 N. Shaffer Street, and 534 N, Shaffer Street, Orange, and
more
particularly described as follows:
534 NORTH SHAFFER STREET PARCEL I, AS SHOWN ON A MAP
RECORDED IN BOOK 97,PAGE 20 OF PARCEL MAPS IN THE
OFFICE OF THE COUNTY RECORDER
OF ORANGE COUNTY, CALIFORNIA,
526 NORTH SHAFFER STREET THE SOUTH 53 FEET OF THE EAST 140 FEET
OF LOT 4 OF WILLIAM E, PARKER
SUBDIVISION OF THE SOUTHEAST QUARTER OF LOT 5 IN BLOCK "E" OF
THE A.B. CHAPMAN TRACT, IN THE CITY OF ORANGE, AS
SHOWN ON A MAP THEREOF RECORDED IN BOOK
4,
PAGE 17, MISCELLANEOUS MAPS.EXCEPTING THE
415 EAST WALNUT AVENUE
LOT 9 OF WILLIAM M. FARIES SUBDIVISION, AS SHOWN ON
A MAP THEREOF RECORDED IN BOOK 4, PAGE 47,
MISCELLANEOUS MAPS, RECORDS OF SAID ORANGE
COUNTY; ALSO THE SOUTH 12 FEET OF THE 14 FOOT ALLEY
ADJOINING SAID LOT 9 ON THE NORTH, AND ALLEY
HAVING BEEN CLOSED AND ABANDONED ON FEBRUARY 3,
1925 BY ORDER OF THE BOARD OF TRUSTEES OF THE CITY
OF ORANGE, A CERTIFIED COPY OF SAID ORDER BEING
RECORDED MAY 12, 1925, IN BOOK 26, PAGE 145,
MISCELLANEOUS RECORDS OF SAID ORANGE COUNTY.
ADDRESSED
4629 E. WALNUT AVENUE. SOUTHERLY 235 FEET OF THE
EASTERLY 166 FEET OF THE SOUTH 4 ACRES OF THE WESTERLY
Y, OF LOT 13, BLOCK "B" MR 3/430-431 LA-
CO.
and;WHEREAS, on October 15, 2001, the Planning Commission held one
duly advertised public hearing to consider Zone Change 1210-01 and at the conclusion
of said hearing adopted Resolution No. PC 33-01, recommending that the City
Council deny Zone Change No. 1210-01, based
on certain findings; and WHEREAS, Appeal No. 484 was timely filed by
the
appellant, Chapman University;and WHEREAS, the City Council heard the appeal of appellant
by conducting a public hearing on
November 27,2001; and WHEREAS, at said public hearing, the City Council
heard testimony of appellant,members of the public, and considered
all documentary evidence presented.NOW, THEREFORE, BE IT RESOLVED by the City Council
of the City of Orange that, based upon the substantial evidence presented,
Appeal No. 484 requesting approval of Zone Change No. 1210-01 from
Duplex Residential to Public Institution-Specific Plan for properties located adjacent to the
Chapman University Specific Plan boundary is
hereby
denied based on the following:1. The proposed Zone Change is inconsistent
with Amendment Procedures stipulated in the Chapman University Specific Plan in that the subject
parcels to be brought into the Specific Plan are not a contiguous block of
properties
along a single street frontage.
2. Due to the relationship ofthe subject properties to the existing Specific Plan boundary
and surrounding properties not owned by the University, a Zone Change from Duplex
Residential to Public Institution Specific Plan would result in a condition where three
lots within the same block remain outside of the Specific Plan boundary. The
proposed change creates an unacceptable condition for the adjacent properties at 427
East WaInut Avenue, 429 East WaInut Avenue, 502 North Shaffer Street, 516 North
Shaffer Street, 542 North Shaffer Street, and 544 North Shaffer Street, which are
properties not proposed to be included in the Specific Plan at this time.
3. The permitted land uses associated with the Specific Plan re-zoning,
including dormitories, fraternities/sororities, recreation facilities, parking facilities, and
related a'~cessory uses, would not be compatible with single story non-
University residential properties in the 400 block of East WaInut Avenue and 500 block of
North
Shaffer Street.4. Approval of a Zone Change for the subject three parcels would be
inconsistent with past City actions and practices related to boundary amendments for
the Chapman University Specific Plan in that three residential parcels in the
contiguous block would rernain outside of the Specific Plan boundary. Past
boundary amendments have been allowed for contiguous blocks of property per page 4-
5 the Chapman University Specific
Plan, Amendment Procedures.5. The proposed Zone Change does not provide a land use plan that
respects the adjacent llmd uses and contributes to the overall quality and revitalization
of the adjacent neighborhoods. Further, the changes to building height and
setbacks associated with the Zone Change would allow building heights in excess of those
permitted in the Duplex Residential zone that could be detrimental to
the
existing neighborhood character.6. The proposed Zone Change from Duplex Residential (R2-6)
to Public Institution -Specific Plan (PI-SP) is intended to provide for
implementation of certain long-term objectives of the Chapman University Specific Plan;
however, the plans are not known at this time, There could be the
potential for adverse effects either individually or cumulatively on the neighborhood
and future changes to these properties
could require additional environmental review.7. The proposed Zone Change is inconsistent with land
use policies of the Chapman University Specific Plan related to
preserving the integrity of residential neighborhoods, coordination of future development,
and land use compatibility in interfacing areas
between residential and non-residential
ADOPTED the 8th day of January, 2002.
ATTEST:
G".I~./~~4<A/~
Cassandra J, Calli , City Clerk, City of Orange
I hereby certifY that the foregoing Resolution was duly and regularly adopted by the
City Council of the City of Orange at a regular meeting thereof held on the 8th day of January,
2002, by the following vote:
AYES: COUNCILMEMBERS: SLATER, MURPHY, COONTZ, CAVECCHE
NOES: COUNCILMEMBERS: ALVAREZ
ABSENT: COUNCILMEMBERS: NONE
ABSTAIN: COUNCILMEMBERS: NONE
Reso No. 9556 4 GAS