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HomeMy WebLinkAboutORD 16-11 Zone Change 1261-11ORDINANCE NO. 16 -11 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ORANGE APPROVING ZONE CHANGE NO. 1261 -11 ESTABLISHING CONSISTENCY BETWEEN THE LOW DENSITY RESIDENTIAL GENERAL PLAN LAND USE DESIGNATION AND THE ZONING CLASSIFICATION IN PORTIONS OF OLD TOWNE IN ACCORDANCE WITH STATE LAW. ZONE CHANGE NO. 1261 -11 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 (2 -6 dwelling units per 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, a number of blocks and properties in the residential quadrants of Old Towne that did not experience a land use change under the 2010 General Plan update have had Low Density Residential General Plan designations for decades, but the zoning has not been consistent with the General Plan; and WHEREAS, the properties subject to Zone Change No. 1261 -11 have had zoning classifications of Residential Duplex (R2), Multiple Family Residential (R3), Multiple Family Residential (R4), Office Professional (OP), and Limited Business (Cl), and General Commercial (C2), none of which are consistent with the Low Density Residential General Plan land use designations; 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 zone changes at a public hearing held on September 19, 2011, including review of the staff report and having received public testimony, has determined the proposed amendments are justified and recommended approval thereof, and WHEREAS, the City Council held a duly advertised public hearing on October 25, 2011 for the purpose of considering Zone Change No. 1261 -11 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 1 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. 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. ADOPTED this 28 day of February, 2012. V. Vavecche, Ma)k; 'City of Orange 0a ATTEST: z-° Mary urp , City Cler Cit of Orange 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 14`" day of February, 2012, and thereafter at the regular meeting of said City Council duly held on the 28`" day of February, 2012, was duly passed and adopted by the following vote, to wit: AYES: COUNCILMEMBERS: Smith, Cavecche, Dumitru, Bilodeau NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Whitaker ABSTAIN: COUNCILMEMBERS: None Mary y, City l . k it of Orange 3