ORD 04-09 Zone Change 1252-08 CHOC Master PlanORDINANCE NO. 04-
09 AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF ORANGE APPROVING ZONE
CHANGE NO. 1252-08, A REQUEST TO
CHANGE THE ZONING FROM C3 (COMMERCIAL)
AND OP OFFICE PROFESSIONAL) TO
PI (PUBLIC INSTITUTION) FOR
CERTAIN PROPERTIES WITHIN THE CHILDREN'S
HOSPITAL OF ORANGE COUNTY (CHOC)
MASTER PLAN PROJECT LOCATED ON THE
NORTHERLY SIDE OF LA VETA AVENUE
BETWEEN PEPPER STREET AND
MAIN STREET.ZONE
CHANGE 1252-08 APPLICANT: CHILDREN'S HOSPITAL OF
ORANGE COUNTY (CHOC)WHEREAS, the City Council has authority per Orange
Municipal Code (OMC)Section 17.08.020 concerning a request for a change
in zone; and WHEREAS, the applicant has submitted Zone Change No. 1252-
08, a request to change the zoning from C3 (Commercial) and OP (Office
Professional) to PI (Public Institution) for certain properties as part of the Children's
Hospital of Orange County CHOC) Master Plan project, which consists of Zone Change No.
1805-08, Major Site Plan Review No. 0504-07, Conditional Use Permit
No. 2726-08, Design Review Committee No.4209-07, Tentative Map
No. 0024-08 (TPM 2008-162), and Development Agreement No.5390, all of which are collectively
referred to herein as the
Project, in accordance with the provisions of the OMC; and WHEREAS, the applications
for the Project, were processed in the
time and manner prescribed by State and local law; and WHEREAS,
pursuant to the authority and criteria contained in the California
Environmental Quality Act (CEQA), the Community Development Director analyzed the Project and determined
that the Project
would have potentially significant adverse effects on the
environment; and WHEREAS, Environmental Review No. 1805-08 (Draft Environmental Impact
Report (DEIR), State Clearinghouse No. (SCH#) 2008081118) was prepared and circulated for public review for a period
of at least
45 days, from December 19,2008 through February 2,2009;
and WHEREAS, Final Environmental Impact Report (EIR) (SCH#2008081118) for the Project was completed
and has been recommended to the City Council as adequate for consideration of
Resolution PC No. 06-09 on March 2,2009, recommending certification of Final EIR (
SCH#2008081118) and adoption of the Findings of Fact, a Statement of Overriding
Consideration and Mitigation Monitoring Reporting Program for the Project;
and WHEREAS, the Land Use Element of the City's Integrated General Plan
designates the properties that are the subject of requested Zone Change No. 1805-08 as
Public Facilities,but the current zoning (Attachment A) on the property of C3 (Commercial) and
OP (Office Professional) are inconsistent with; however, with the proposed change in
zone (Attachment B) to the PI (Public Institution) Zoning District would rectify this
inconsistency; and WHEREAS, the Planning Commission held a duly advertised public
hearing on March 2, 2009 for the purpose of considering Final EIR (SCH# 2008081118) and
the Project,specifically Zone Change No.
1252-08; and WHEREAS, at said public hearing, upon hearing and considering
all testimony and arguments, if any, of all persons desiring to be heard, the
Planning Commission considered all factors relating to the Final EIR (SCH#2008081118), the Project
and specifically Zone Change No. 1252-08 and adopted Resolution PC NO. 07-
09 recommending to the City Council approval of the
requested change in zone; and WHEREAS, Final Environmental Impact Report (
EIR) (SCH#2008081118) for the Project was completed and has been determined by the
City Council as adequate for consideration of Zone Change No. 1805-08 through
the adoption of Resolutions 10358 and 10359 on March 24, 2009, certifying Final EIR (
SCH# 2008081118) and adoption of the Findings of Fact, a Statement
of Overriding Consideration and Mitigation Monitoring
Reporting Program for the Project; and WHEREAS, the City Council held a duly
advertised public hearing on March 24,2009 for the purpose of considering Final
EIR (SCH# 2008081118) and the Project,
specifically Zone Change No. 1252-08; and WHEREAS, the City Council had first
reading of Ordinance No. 04-09 to propose Zone Change No. 1252-08 and
held a second reading on April 14, 2009; and WHEREAS, at said
public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring
to be heard, the City Council considered all factors relating to the Final EIR (
SCH# 2008081118), the Project and specifically Zone Change No.1252-08, upon
the three properties
shown on
Attachment A incorporated herein and described as follows:PARCEL F:PARCEL
2, AS SHOWN ON EXHIBIT B ATTACHED TO
LOT LINE ADJUSTMENT LL 88-16 RECORDED
APRIL 20, 1989 AS INSTRUMENT
NO. 89-206142 OF OFFICIAL RECORDS OF ORANGE COUNTY,
CALIFORNIA,
CONDEMNATION, SUPERIOR COURT CASE NO. 01CC03506, A
CERTIFIED COpy OF WHICH WAS RECORDED MARCH 7, 2002
AS INSTRUMENT NO. 20020193961 OF OFFICIAL RECORDS OF
SAID ORANGE COUNTY.
PARCEL G:
LOTS 9 THROUGH 18 INCLUSIVE OF TRACT NO. 1945, AS SHOWN
ON A MAP RECORDED IN BOOK 54, PAGE 22 OF
MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY,
CALIFORNIA, EXCEPTING THEREFROM THAT PORTION AS
DESCRIBED IN THE DEED TO THE CITY OF ORANGE,
RECORDED FEBRUARY 27, 1974 IN BOOK 11083, PAGE 1563 OF
OFFICIAL RECORDS SAID COUNTY, ALSO EXCEPTING
THEREFROM, THE LAND DESCRIBED IN THAT CERTAIN FINAL
ORDER OF CONDEMNATION, SUPERIOR COURT CASE NO.
01CC03504, A CERTIFIED COpy OF WHICH WAS RECORDED
FEBRUARY 1, 2002 AS INSTRUMENT NO. 02-89882 OF
OFFICIAL RECORDS OF SAID ORANGE
COUNTY.PARCEL
H:PARCEL 3 IN THE CITY OF ORANGE, COUNTY OF
ORANGE,STATE OF CALIFORNIA, AS SHOWN ON A MAP FILED IN
BOOK 77, PAGES 29 THROUGH 30 OF PARCEL MAPS, IN THE
OFFICE OF THE COUNTY RECORDER OF SAID COUNTY,
EXCEPTING THEREFROM THE LAND DESCRIBED IN THAT CERTAIN
FINAL ORDER OF CONDEMNATION, SUPERIOR COURT CASE
NO.01CC03503, A CERTIFIED COpy OF WHICH WAS
RECORDED MARCH 13, 2002 AS INSTRUMENT NO. 02-211415
OF OFFICIAL RECORDS OF SAID
ORANGE COUNTY.NOW, THEREFORE, the City Council of the City of Orange hereby
ordains
as follows:
SECTION I:The existing zoning is depicted on the map attached hereto as Attachment
A and incorporated herein by reference. 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 attached hereto as Attachment B and incorporated herein
by
SECTION II:
The proposed zone change described in Section I is related to the public welfare, is
consistent with the accompanying Environmental Impact Report, Major Site Plan Review,
Conditional Use Permit, Design Review Committee, Tentative Tract Map, and Development
Agreement filed herewith, and furthers the objectives and policies of the General Plan as is
more specifically set forth in Resolutions l0358 and 10359, which are incorporated by
reference as though fully set forth herein.
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 14th day of April, 2009.
ATTEST:
range
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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 24th day of March, 2009, and thereafter at the regular meeting of said
City Council duly held on the 14th day of April, 2009, was duly passed and adopted by the
following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN (RECUSED):
COUNCILMEMBERS: Smith, Murphy, Cavecche, Dumitru
COUNCILMEMBERS: None
COUNCILMEMBERS: None
COUNCILMEMBERS: Bilodeau
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