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RES-8174 Approving General Plan Amendment No. 4-92RBSOLUTIOR RO. 8174 A RBSOLUTIOR OJ' TBB CITY COUIICIL OJ' THB CITY OJ' OIlAJlGB UPBOLDIRG TBB RBCOJIHBIIDATIOR OJ' THB PLANBIRG COMHISSIOR OJ' TBB CITY OJ' OIlAJlGB ARD APPROVIRG TBB GBJlBRAL PLAIII CLASSIJ'ICATIOR OJ' PROPBRTY SITUATBD AT TBB TBRHIRUS OJ' LBWIS DRIVB, SOUTH SlOB, APPROX- IMATBLY 480 J'BBT BAST. GBJlBRAL PLAIII AMEIIDMBNT 4- 92 APPLICANT: CITY OJ' OIlAJlGB RBCITALS: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-82-92 that certain property situated at the terminus of Lewis Drive, south side, approximately 480 feet east of Windes Drive be redesignated from the LOR designation to the ESTR designation and approved said recommendation after finding and determining the hereinafter described facts. The real property which is the subject of the redesignation 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 BACKGROUND: 4. The property was annexed to the City of Orange in 1965, and pre-zoned R-1-10. 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-1- 10 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 NUMBER 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./ac.).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 devel-opment, 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, acre). Because the O.P.A. plan specifies a maximum limit- ation of 1 dwelling unit per acre, it is apparent that a general plan designation of LOR (2-6 d.u./ac.) is not compa-tible with the general plan amendment of 1973. A designa-tion 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 1973.16.Board considered the proposal at a No concerns were expressed adverse The Environmental Review meeting last October 28.to the proposal.N01f, THEREFORE, BE IT RESOLVED by the City Council of the city of Orange that the recommendation of the Planning Commission be upheld and that General Plan Amendment 4-92 redesignated the subject property to the ESTR designation be approved for the following reasons:1. The request is consistent with the Orange Park Acres General Plan Amendment of 1973.2. The existing subdivision is also compatible with a general plan designation of ESTR.ADOPTED this 27th day of April, 1993. ATTEST:MARILYN J. JENSEN, CMC ,City Clerk ofthe cityoforange Jd/V~ lfdA/'..u:t Deputy Ci t'f Clerk I hereby certify that the foregoing Resolution was duly and regularly adopted by the City Council of the City of Orange at a regular meeting thereof held on the 27th day of April, 1993, by the following vote:AYES:NOES:ABSENT:COUNCIL MEMBERS: SPURGEON. BARRERA MAYOR BEYER, COONTZ COUNCIL MEMBERS: NONE MURPHY COUNCIL MEMBERS: NONE BY:MARILYN J JENSEN. CMC , of the City CASSANDRA CAT Deputy City of Orange Reao 817.