RES-8199 Approving General Plan Amendment No.RESOLUTION NO. 8199
A RESOLUTION OP THE CITY COUNCIL OP THB
CITY ORANGB OVERRULING THE RECOMMENDATION
OP THB PLANNING COMMISSION OF THB CITY OP
ORANGB AND APPROVING NEGATIVE DBCLARATION
1425-93, GBNERAL PLAN AMENDMENT
3-93 AND ZONE
CHANGB 1159-93.
ZONE CHANGB 1159-93
GBNERAL PLAN AMENDMENT 3-
93
APPLICANT: CITY OF ORANGB RECITALS:On May 25, 1993, after due public hearing
as required by law, the city Council of the City of Orange
did consider a recommendation of the Planning commission of the
City of orange that Negative declaration 1425-93 not
be certified as completed in accordance with the California
Environmental Quality Act ("CEQA") and that General Plan Amendment 3-
93 and Zone Change 1159-93 be denied.The
real property subject to reclassification under said General Plan Amendment and
Zone Change (the "Property") are as shown on Exhibit
A attached hereto and are addressed as follows:504 to 816
E. CUlver Avenue (even numbers on south side)406 to 444
S. Cambridge street (even numbers on west side)425 to 447
S. Shaffer Street (odd numbers on east side)400 Block S. pine
street,
parcels 2 and 3 (810 E. Culver subdivision)Under
said General Plan Amendment, the Property would be reclassified from Low
Density Residential (2 to 6 units per acre)to Low Medium Density (6 to
15 units per acre) and under said Zone Change, the
Property would be reclassified from the R-
1-6 (Single Family Residential) to the R-2-6 (Duplex
Residential).At the close of the public hearing the
City Council accepted Negative Declaration 1425-93 and found
that there was no substantial evidence presented to the
Council that the proposed
reclassifications may have a significant effect on the environment or on wildlife resources.
NOW, THBREFORE,
BB IT RESOLVBD by the City Council of the city
of Orange, that:A. the city Council does certify said Negative
Declaration 1425-93, with the addition of the mitigation measure
set forth in paragraph B below, as being completed in conformance
with CEQA,based upon the following facts as
found based upon the evidence,written and oral, presented at the
public hearing:1. the facts as
found by the Environmental Review Board and
staff in the Negative Declaration document.2.
no credible evidence was presented
that existing on
any lot
comprising
the
Property historic
structure.
historically contributing are, uniformly, contributory only
because of their age and architecture rather than any individual
historic significance and none of the structures have been
identified as individually constituting an historic resource in
the city.
3. the unusual size and shape of most of the lots included in
the reclassifications, unique in comparison to other properties
in the Old Towne area, would, in many instances, permit build out
at the new classifications without demolition of existing
structures and make demolition economically infeasible or
unattractive, thus minimizing both any potential adverse impacts
on historic resources and any potential encouragement of other
land owners in the Old Towne area to seek development potential
increases. Application of the mitigation measures incorporated
in the Negative Declaration, especially when coupled with these
factors and the application of the city's existing Demolition
Ordinance are sufficient to reduce any such potential adverse
impacts, both directly related to this project and when
considered cumulatively, to a level of insignificance.
4. several of the lots not of the unusually large size contain
structures that are non-historically contributing and/
or substandard in size. Where such lots are substandard,
after application of development standards, they would not support
any additional development not already available under the
current classification with the application of the City's "Granny
Flat"ordinance permitting accessory second units, thus
further reducing any potential impacts of the
reclassifications.5. the City's adopted Capital Improvement Program will
provide sufficient public infrastructure (streets, sewers, etc.)
in sufficient time that no significant adverse impact is
anticipated from any potential additional development under the
new
classifications.B. The City Council hereby adopts the following
additional mitigation measure to Negative Declaration
1425-93:4. The City staff will promptly prepare and process
for City Council consideration, through normal City
procedures, an ordinance requiring a Conditional Use Permit
for any development project that would result in more than
two dwelling units on any R-2-6 lot in the City
of Orange. Pending City Council consideration and adoption or
denial of such an ordinance, no building permits shall
be issued for any construction or improvements that would result
in more than two dwelling units on any lot subject to
Zone Change 1159-93 unless the city council, after duly
noticed public hearing, grants a permit therefor based on the
findings required under the Orange Municipal Code for a Conditional
Use Permit and an additional finding that the proposed dwelling units
in excess of two on the affected lot will not
have a significantly greater impact on public resources and infrastructure
or on the single family scale of the streetscape than would
two dwelling
units on the same lot.C. the recommendation of
the Planning Commission be overruled and that General Plan Amendment 3-
93 and Zone Change
approved for the following reasons, based on substantial evidence
in the record of the public hearing taken as a whole:
1. the new classifications are consistent with and not
detrimental to surrounding and contiguous land uses.
2. the reclassifications will allow currently underdeveloped
property to be used to a higher and better use; encourage
potential for affordable housing; and minimize disfavored land
use divisions, lots without frontage on public streets, single
family residential units less desirable and/or marketable than
other similar units in other areas of the City without the
unusual size and shape of the lots at issue and potential for
conflicts between neighboring owners over maintenance of common
drives, etc., all of which could be detrimental to the orderly
development of the neighborhood and to surrounding land uses.
3. the reclassifications will strike a reasonable balance
between General Plan and other public policies discouraging
greater dwelling unit density in the West Orange area, promoting
opportunities for affordable forms of housing, sensitivity to the
desires and property rights of owners of unique parcels of land
within the City, and promoting orderly development in accordance
with existing surrounding land uses.
4. for the reasons stated in A above and because of the unique
nature of the lots comprising the Property, the reclassifications
will not promote, encourage, or set precedent favoring increased
density in other, more sensitive neighborhoods in the Old Towne
and West Orange areas.
D. Severability - Should any sentence, section, clause, part or provision
of this resolution be declared invalid, the same shall not
affect the validity of the resolution as a whole or any other part
thereof.ADOPTED
this 24th r/
t,4-d",4<4JM fft &k.ur
eputy City erk
ATTEST:
Marilyn J. Jensen
City Clerk of the City of Orange
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 24th of Auqust, 1993, by the
following vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
BARRERA, MAYOR BEYER, MURPHY
COONTZ
SPURGEON
3-
of Orange
Reso No. 8199