RES-8173 Approving Zone Change No. 1156-92RESOLUTION NO. 8173
A RESOLUTION OJ' TBB CITY COUNCIL OJ' THB
CITY OJ' ORAllTGB UPHOLDING THB RECOHHBlmATION
OJ' THB PLANNING COMKISSION OJ' THB CITY OJ'
ORAllTGB AlITD APPROVING TBB RECLASSIJ'ICATION
OJ' PROPBRTY SITUATBD AT TBB TBRJUlITUS OJ' LOIS
DRIft, SOUTB SIDB, APPROXlllATBLY 480 J'BBT
BAST OJ' .IlmBS DRIft.
SORB CBAlITGB 1156-
92 APPLICANT: CITY OJ'
ORAllTGB
RECITALS:After due public hearings as required by law, the
City Council of the City of Orange considered a recommendation of
the Planning Commission of the City of orange recommending
by Resolution No. PC 81-92, that certain property situated
at the terminus of Lewis Drive, south side approximately 480
feet east of Windes Drive. The real property which is the subject
of the reclassification is more particularly described
as follows:Tract 14293,
Lots 1-5 Upon the public hearing before the
City Council, the following
facts were established:
SITE LOCATION & DESCRIPTION:1. 5.28 acres of land, with a boundary
that delineates an irregularly shaped assembly of parcels
within an approved residential tract on the south side
of Lewis Drive,approximately 480 feet east of Windes
Drive. (Tract 14293;Lots
1 through 5)2. The site is located within the boundaries
of
Orange
Park Acres.REOUEST:3. Reclassifications of the property's zoning
and general plan land use designation are requested in order
to reconcile the approved subdivision with the Orange
Parks Acres General Plan
Amendment of 1973.Orange Municipal Code Chapter 17.90
sets forth regulations pertaining to the zone change process of
review. When an amendment is proposed to the general plan land
use map, the Planning Commission is required to make
a recommendation to
BACKGROUND:
4. The property was annexed to the City of Orange in 1965, and
pre-zoned R-I-I0. The property'
s zoning classification remains the same
to this date.5. The Orange Park Acres (O.P.A.)
General Plan Amendment specifies land use policy
regarding future development within the planning area. The plan defines
land use policy more precisely than the general plan land
use policy map,and is based upon land uses or existing
conditions in effect at the time the plan was adopted. The
plan established a minimum lot size of 43,560 square feet, or
one full acre,for any property zoned
for residential use.6. The site is presently designated by the
general plan land use map as LOR (Low Density Residential,
2-6 dwelling units per acre). Although the map now
shows the boundaries of O.P.A., the project site was designated LOR
when the map was updated in 1989. One of the city'
s objectives in revision was to ensure that the
zoning classifications and general plan designations were consistent, as
required by state law.However, the O.P.A. plan supersedes
the general
plan land use designation.7. Adjacent land uses
include single family residential development on properties to the
north, south, east and west, and permanent open
space to the
northeast.8.Residential
zoning and the
southeast.designation is LOR is R-I-
I0 within city limits on the The
city's general
plan
land use Low Density Residential).south There is a county exclave
adjacent to the north and west borders of
the project site. The county zoning classification
is E-4-1 (Small Estate, Single Family,Minimum Lot Size: 1
acre). The city's general plan land
use designation is ESTR (Estate Low Density Residential).
Presumably, the property would be pre-
zoned R-1-40 if annexed to the City of Orange.
Property situated to the northeast is owned by the County
of Orange, a portion of Santiago Oaks Regional Park. The
land is designated OS-P (Open Space, Park) by
the general
plan land use map, and the zoning classification is R-
O Recreation-Open Space).9. On December 11, 1990,
the City Council approved Tentative Tract No. 14293, upon
a favorable recommendation from the Planning Commission. The site
was subdivided into 5 parcels and access provided by
a private street, subsequently named Kimbark
Lane. The size of
LOT IlUMBER LAND AREA
1 1.0 Ac.
2 1.0 Ac.
3 1.0 Ac.
4 1.0 Ac.
5 1.1 Ac.
10. A final map has been recorded and the parcels are now
legally subdivided. Private street improvements have been
made, and building permits approved for dwelling units on 2
properties.
PROJECT DESCRIPTION:
11. The zoning classification for Tract 14293 is proposed to
change from R-1-10 (Single Family
Residential District,Minimum Lot Size: 10,000 square feet) to R-
1-40 (Minimum Lot Size: 43,560 sq. ft.). An amendment
is proposed to the General Plan Land Use Map to
designate the property ESTR Estate Low Density Residential,
0-2 dwelling units per acre), rather than LDR (Low
Density, 2-6 d.u.fac.).The proposal is
made to reconcile the approved residential subdivision with the O.
P.A. general plan amendment. No further subdivision
is proposed, and no new development
proposal
is associated with the request.EVALUATION:12. Evidently, there has
been some confusion among Realtors and financial institutions
about the legal status of the development,
since the zoning classification remains R-1-10.According to
a
letter 'received by the Director of community Development:with this
zoning discrepancy, the owner is at a great
disadvantage for marketing and attracting the right buyer for [the] land.
It is a bit difficult to market a prestigious
Orange Park Acre one acre residential lot, when it reflects
a R1-10 zoning. Realtors from other offices and
cities scan out Multiple Listing Service computer data base to
locate properties for clients. They rely on the abstract data
of the listing. This zoning constitutes a conflict for the buyer
and could cost the seller the prospect of the
right buyer. Further, this
could possibly cause problems of representation down the road."
Sylvia Lary, East Orange County Association of Realtors The complete
letter
is attached with a copy of the application.13. A majority of the
property located in O.P.A. is designated ESTR (
Estate Low Density Residential, 0-2 dwelling units per acre).
Because the O.P.
limitation of 1 dwelling unit per acre, it is apparent that
a general plan designation of LOR (2-6 d.u./ac.) is
not compatible with the general plan amendment of 1973.
A designation ESTR (0-2 d.u./ac.) is
generally more appropriate a designation for residential portions
of the O.P.
A. plan.14. All lots within the existing residential
subdivision conform to the development standards of the
R-1-40 District.15. The general plan amendment and
zone change would further bring the site into conformance with
the Orange Park Acres General
Plan Amendment of
1973.The Environmental Review
meeting last October
28.to the proposal.NOW, THEREFORE, BE IT RESOLVED by the
City Council of the city of Orange that the recommendation
of the Planning Commission be upheld and that Zone Change
No. 1156-92 reclassifying the subject property to the R-
1-40
District be approved for the following reasons:
16.Board considered the proposal
at a No concerns were expressed adverse 1. The request is
consistent with the Orange
Park Acres General Plan Amendment of 1973.2. The existing
subdivision is also
compatible with a zoning designation
of
R-1-40.ADOPTED
this 27th day of ATTEST:MARILYN
J. JENSEN, CMC"City Clerk of
the City of i&
A&A2u Cl G~x Orange Deputy Ci~ Clerk I hereby
certi~y that the ~oregoing Reso1ution was du1y and regu1ar1y adopted by the
City Counci1 o~ the City o~ Orange at a regu1ar meeting thereof he1d
on the
27th
day
of
Apri1, 1993,
by the
fo11owing vote:
AYES:NOES:ABSENT:COUNCIL MEMBERS:COUNCIL
MEMBERS:
COUNCIL
MEMBERS:SPURGEON, BARRERA, MAYOR
BEYER. COONTZ, MURPHY NONE NONE MARILYN J
JENSEN CMC" ,
Y Clerk
of
the City
of