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HomeMy WebLinkAboutORD 14-10 Amending Chapter 17.17 Historic Multi-Family StructuresORDINANCE NO. 14 -10 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ORANGE AMENDING CHAPTER 17.17 OF THE ORANGE MUNICIPAL CODE TO RECOGNIZE HISTORIC MULTI - FAMILY STRUCTURES AS PERMITTED USES IN AREAS OF THE HISTORIC DISTRICT ZONE WITH A LOW DENSITY RESIDENTIAL GENERAL PLAN LAND USE DESIGNATION AND SINGLE FAMILY ZONING. WHEREAS, the City places a high priority on the protection of its historic resources as evidenced by the goals and policies of the General Plan Cultural Resources and Historic Preservation Element, the Historic Districts provisions contained in Chapter 17.17 of the Orange Municipal Code, and the Historic Preservation Design Standards for Old Towne Orange; and WHEREAS, the residential quadrants of the Old Towne Historic District originally developed in a fashion such that small - scale, duplex and multi- family structures were constructed in the midst of properties developed with single - family structures, thus establishing a historic development pattern that is an inherent feature of the Historic District and its period of significance (1880- 1940); and WHEREAS, the public hearings associated with adoption of the City's 2010 General Plan involved discussion by the Planning Commission and City Council about ways to accommodate historic duplex and multi - family structures as permitted uses in areas historically designated, or re- designated Low Density Residential by the General Plan, rather than rendering them legal non - conforming uses; and WHEREAS, the City Council conducted duly advertised public hearings on January 12 and February 9, 2010 taking public testimony in support and opposition to the General Plan update (General Plan Amendment No. 2009 - 0001), concluding with the adoption of the General Plan via Resolution No. 10436 on March 9, 2010; and WHEREAS, Resolution No. 10436 directed staff to amend the Orange Municipal Code to address the issue of historic duplex and multi- family structures made non- conforming by the land use changes associated with the 2010 General Plan; and WHEREAS, the draft Ordinance Amendment is exempt from the provisions of the California Environmental Quality Act (CEQA) per State CEQA Guidelines Section 15305 Class 5, Minor Alterations in Land Use Limitations) because it involves a modification to Old Toxvne -wide standards rather than a specific development project; and WHEREAS, the Planning Commission having conducted a public hearing held on September 8, 2010 including review of the staff report and receiving public testimony on the item, has determined the proposed amendment is justified and recommends approval thereof, and WHEREAS, the City Council conducted one duly advertised public hearing on November 23, 2010, at which time interested persons had an opportunity to testify either in support of or opposition to the Historic Multi - Family Residence Ordinance Amendment; and WHEREAS, the City Council believes the proposed amendment will serve the public health, safety and welfare. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF ORANGE DOES ORDAIN AS FOLLOWS: SECTION I: Chapter 17.17 of the Orange Municipal Code is hereby amended to add Section 17.17.065 — Historic Duplex and Multi family Structures, which shall read as follows: 17.17.065 — Historic Duplex and Multi- Family Structures. Historic duplex and multi - family structures classified in the City of Orange Historic Resources Inventory as contributors to the historic integrity of the Old Towne Orange Historic District shall be recognized as permitted uses in areas of the Historic District with Single Family Residential zoning. Such structures shall have been built originally with multiple dwelling units. Historic duplex and multi- family structures may remain in Single Family Residential zones but shall otherwise abide by applicable O.M.C. standards. Additions or alterations to a historic duplex and multi- family structure may occur provided that no new dwellings units are added to the subject property, and the addition is undertaken in accordance with applicable O.M.C. standards. Duplexes shall apply the development standards of the R2 -6 Zoning District, and structures with three or more units shall apply the development standards of the R -3 Zoning District. In the event that the unit(s) are damaged or destroyed, the structure may be rehabilitated or restored subject to the provisions of the Historic Preservation Design Standards for Old Towne Orange and the Secretary of Interior Standards for the Treatment of Historic Buildings. All buildings shall be rehabilitated or restored in accordance with the applicable architectural style of the original structure. SECTION II: Should any section, subsection, subparagraph, clause, or provision of this Ordinance for any reason be held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this Ordinance; it being hereby expressly declared that this Ordinance, and each section, subsection, subparagraph, sentence, clause and phrase hereof would have been prepared, proposed, approved and ratified irrespective of the fact that any one or more sections, subsections, subparagraphs, sentences, clauses or phrases be declared invalid or unconstitutional. 2 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 five (5) days prior to the City Council meeting at which this Ordinance is to be adopted. A summary of this Ordinance shall also be published once within fifteen (15) days after this Ordinance's 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 with Government Code Section 36933. This Ordinance shall take effect thirty (30) days from and after the date of its final passage. ADOPTED this 14 day of December, 2010. ATTEST: Mary E. a ,City Clerk; Ci 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 23 day of November, 2010, and thereafter at the regular meeting of said City Council duly held on the 14 day of December, 2010, was duly passed and adopted by the following vote, to wit: AYES:COUNCILMEMBERS:Whitaker, Smith, Cavecche, Dumitru, Bilodeau NOES:COUNCILMEMBERS:None ABSENT:COUNCILMEMBERS:None ABSTAIN:COUNCILMEMBERS:None Mary E u y, City Clerk, Cit f Orange