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HomeMy WebLinkAboutORD 13-12 Zone Change 1266-12ORDINANCE NO. 13 -12 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ORANGE APPROVING ZONE CHANGE NO. 1266 -12 REZONING PROPERTIES IN THE KATELLA CORRIDOR 2010 GENERAL PLAN LAND USE FOCUS AREA BETWEEN GLASSELL STREET AND BATAVIA STREET GENERAL BUSINESS (C -2) TO ESTABLISH CONSISTENCY BETWEEN THE GENERAL COMMERCIAL GENERAL PLAN LAND USE DESIGNATION AND ZONING CLASSIFICATION IN ACCORDANCE WITH STATE LAW. ZONE CHANGE NO. 1266 -12 APPLICANT: CITY OF ORANGE WHEREAS, on March 9, 2010 the City adopted its 2010 General Plan, including changes to land use designations in the Katella Corridor General Plan Focus Area to establish land use policy in greater alignment with on- the - ground uses and potential future uses, and to provide greater flexibility for property owners in the long -term use of their property; and WHEREAS, the land use designation for the portion of the Katella Corridor General Plan Focus Area between Glassell Street and Batavia Street was changed from Commercial Recreation to General Commercial to reinforce the stable commercial environment that exists along this segment of the Katella Corridor that supports a variety of home improvement, motorcycle sales, automotive supply and services, light industrial and small -scale warehousing uses that contribute to the economic stability and diversity of the City; and WHEREAS, the properties subject to Zone Change No. 1266 -12 have had a zoning classification of Commercial Recreation, which is not consistent with the General Commercial General Plan land use designation; 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 Ordinance and Zone Change at a public hearing held on August 20, 2012, including review of the staff report and having received public testimony, has determined the proposed amendment is justified and recommends approval thereof; and WHEREAS, the City Council held a duly advertised public hearing on October 9, 2012 for the purpose of considering Zone Change No. 1266 -12 as it pertains to the portion of the Katella Corridor 2010 General Plan Land Use Focus Area between Glassell Street and Batavia Street 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 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. 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 23 day of October, 2012. 2 ATTEST: Mary E. ity Clerk i 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 9th day of October, 2012, and thereafter at the regular meeting of said City Council duly held on the 23 day of October, 2012, was duly passed and adopted by the following vote, to wit: AYES: COUNCILMEMBERS: Smith, Cavecche, Bilodeau, Dumitru NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None ABSTAIN (RECUSED): COUNCILMEMBERS: Whitaker Mary E. City Clerk, City o nge