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RES-8002 Approving Pre-Zone Change No. 1148-92RESOLUTION NO. 8002 A RESOLUTION OP THE CITY COUNCIL OP THE CITY OP ORANGE UPHOLDING THE RECOMMENDA- TION OP THE PLANNING COMMISSION OP THE CITY OP ORANGE AND APPROVING THE RECLASSI- PICATION OP PROPERTY SITUATED ON THE SOUTH SZDE OP HEADS AVENUE BETWEEN ORANGE PAlUt BOULEVARD AND IUDGELINE GOLF COURSE PRE-ZONE CHARGE 1148-92APPLICA!l'l': KEITH W. NAYLOR 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 6-92, that certain property situated on the south side of Meads Avenue between Orange Park Boulevard and Ridgeline Golf Course be reclassified from the county E4-1 District to the city R- 1-40 District, and approved said recommendation after finding and determining the hereinafter described facts. The real property which is the subject of the reclassification is more particularly described in Exhibit "A"which is attached.Upon the public hearing before the City Council, the following facts were established.1. The property is irregular shaped, approximately 3.45 acres in size, located on the south side of Meads Avenue between Orange Park Boulevard and the Ridgeline Golf Course. (Addressed 10706 Meads Avenue)2. Proposed Pre- Zone Change for a County unincorporated property from County E4- 1 (Single Family Residential, Small Estates - one acre minimum lot size), to City R-1-40 (Residential - Single Family District, one acre minimum lot size). The Pre-Zone Change request is for city annexation purposes.Orange Municipal Code Section 17.06.100 sets forth the following procedure for zoning and classification of land outside the City:A. All territory outside the City but within the city's sphere of influence, may be pre-zoned prior to annexation to the City in accordance with the procedures outlined in Section 17.06.050 et. seq., and Chapter 17.92 and as provided for in Section 65859 of the Government Code of the State of California.B. When territory outside City has been so classified for land use, then such territory so annexed and classified for zoning shall become a part of city's Zoning Map and thereafter 3. The property is located in an unincorporated area currently under County jurisdiction. The property is within the city's Sphere of Influence as established by the Local Agency Formation Commission (LAFCo). 4. The property is also located within the Orange Park Acres Plan area, which was adopted as part of the City's General Plan Land Use Element. The property is designated as Residential Estate Low Density (0-2 dwelling units per acre).5. The property rises slightly along its street frontage, and falls at the rear to a flood plain easement. The remainder of the site is relatively flat, and is currently developed with a single story residence located approximately 60 ft. back from the front property line.6. A number of easements are existing on the property. A 20 ft.wide access, drainage, and utility easement along the westerly property line extends approximately 300 ft. from Meads Avenue,and provides access to 3 adjacent neighboring properties to the south and west. A 5 ft. wide City sewer easement extends approximately 480 ft. along the south property line from the rear of the property to the 20 ft. wide access easement. A 26 ft. to 44 ft. wide Orange County Flood Control District flood plain easement also exists along the east property line.7. Meads Avenue is a 55 ft. wide local street, as designated by the City's Master Plan of Streets and Highways. Access to the property is currently provided along Meads Avenue, which has no sidewalks, curbs, or gutters. In maintaining the rural charac-teristics of the Orange Park Acres area, street improvements will not be required for this project.8. Resolution No. 7913 was adopted by the city Council, which authorized the redistribution of property taxes to the city.Additionally, Tentative Parcel Map 91-135 has been approved by the Environmental Review Board to subdivide the property into 3 separate parcels, and Conditional Use Permit 1933- 91 was approved by the Zoning Administrator to allow creation of 2 of the parcels without direct access to a public street. The 3 proposed new parcels conform to the minimum one net acre lot size requirement of the city's R-1-40 zoning standards. Approval of the Final Parcel Map is pending approval of the Pre-Zone Change and Annexation.9. The applicant is requesting a Pre-Zone Change from County E4-1 to facilitate annexation of a County unincorporated property to the city of Orange. Annexation #402 is currently being processed thru LAFCo for annexation of the property to the City.10. The permitted uses and development standards of the existing County zoning are very similar to those of the proposed city zoning. The County E4- 1 zoning requires a minimum lot size of one acre (43,560 sq. ft.) and no minimum lot width. The City R-1-40 zoning also requires a minimum lot size of one full acre and a minimum lot width of 125 ft. The property conforms to both size and frontage requirements 11. The existing and potential future single family residential uses are consistent with the permitted uses of city R- 1- 40 zoning.12. Approval of this Pre-Zone Change request would allow the property to be annexed to the City and be provided with municipal services.13. The annexation would eliminate a portion of a "County Island", and consolidate jurisdictional responsibilities to the city.14. The Environmental Review Board has reviewed the Pre-Zone Change and Annexation request, and did not express any concerns.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 Pre- Zone 1148-92 reclassifying the subject property to the R- 1- 40 District be approved for the following reasons:1. The existing and potential future single family residential uses are consistent with the permitted uses of City R-1-40 zoning, and the City's General Plan designation of Estate Low Density Residential. 2. Approval of this Pre-Zone Change request would allow the property to be annexed to the city and be provided with municipal services.3. The annexation would eliminate a portion of a "county Island", and consolidate jurisdictional responsibilities to the City.ADOPTED this 12th day of Ma 1992. ATTEST:1/,pl~i;~41r~I hereby certify that the foregoing regularly adopted by the City Council of regular meeting thereof held on the 12th by the following vote:Resolution was duly and the city of orange at a of May , 1992,AYES:NOES:ABSENT: COUNCIL MEMBERS:COUNCIL MEMBERS:COUNCIL MEMBERS: STEINER, BARRERA, MAYOR BEYER. SPURGEON NONE COUNCILWOMAN COONTZ SSH/ r 7 8 9 10 11 12 1J 14 15 16 17 18 19 I~Hi}' 20 21 22 23 I '4 5 EXHIBIT A THE FOLLOWING PROPERTIES ARE NOW LISTED AS TRUST ASSETS: 1. ALL MY RIGHT, TITLE AND INTEREST IN AND TO THE. REAL PROPERTY KNOWN AND IDENTIFIED AS: That portion of Lot 9J of Tract No. 918, as shown 011 a Map recorded in Book 28, pages 41 through 4J of Miscellaneous Maps, records of Orange County, California, described as follows: Parcel J, as shown on a Map filed in Book 54, page 49 of Parcel. Maps in the office of the County Recorder of said Orange County. This property is commonly known as 10706 Meads Avenue. ~i!;.~'liB~ii:i' SAIO RIGHT, TITLE, AND INTEREST IS SUBJECT TO A RIGI/T, TITLE AND INTEREST HELD IN THE PROPERTY BY MY SON, KEITH NAYLOR AS DEFINED IN A CONTRACT WITH ITS AMENDMENT DATED JUNE I, 1973, AND JUNE 15, 1985, RESPECTFULLY. RESO 8002 NAYLOR PAGE 28