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RES-8003 Denying Pre-Zone Change No. 1112-89RESOLUTION NO. 8003 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ORANGE UPHOLDING THE RECOMMENDA- TION OF THE PLANNING COMMISSION OF THE CITY OF ORANGE AND DENYING THE RECLASSI- FICATION OF PROPERTY SITUATED ON THE EAST SIDE OF CRAWFORD CANYON ROAD APPROXIMATELY 00 FEET SOUTH OF CHAPMAN AVENUE. PRE-ZONE CHANGE 1112-89 APPLICANT: A' A VENTURES 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-59-91, that certain property situated on the east side of Crawford Canyon Road, approximately 400 feet south of Chapman Avenue be reclassified from the County AR-20,000-SR District to the R-1-6 District, and denied said reclassification after finding and determining the hereinafter described facts.The real property which is the subject of the reclassification is more particularly described on Exhibit "A" which is attached.Upon the Public Hearing before the City Council, the following facts were established:1. The site is an irregular shaped parcel 3.9 acres in size located 400 feet south of Chapman Avenue and on the east side of Crawford Canyon Road.2. The applicant is requesting approval of a General Plan Amendment to change the land use designation of the property from Open Space to LoW/Medium Density Residential, 6-15 dwelling units per acre, and a Zone Change to pre-zone the site R- 3 (Residential MUltifamily). The site is presently under County of Orange jurisdiction and is zoned AR- 20,000-SR (Agriculture, minimum lot size 20,000 square feet, sign restricted).Section 65358 of the California Government Code permits the City to amend its General Plan a maximum of four times per year.Section 17.90.080 of the Oranqe Municipal Code permits a property owner to initiate proceedings for a zone change and requires that the Planning Commission and City Council hold public hearings prior to reclassifying any property.3. The subject property is presently undeveloped, although the site had previously been developed with a residence which has since been demolished. The site has several large trees, none of which are native to the site.4. site topography consists of natural slopes ranging from 2: 1 to 1.8:1 (horizontal to vertical ratio), and cut the center of the site, at the location where the house once stood the site contains a flatter area. Elevations within the site range from 360' to 460'. The terrain of the adjacent property to the east continues to rise to an elevation of 720'. 5. The site fronts on, and will access Crawford canyon Road. Crawford Canyon Road is designated on the city's Master Plan of streets and Highways as a secondary highway with an ultimate right-of-way width of 80 feet. Crawford Canyon Road presently has a right-of-way width of 70 feet and is developed with a travel lane in both directions. Additional dedication and improvement of Crawford Canyon Road will be required with any subsequent development.6. The surrounding land uses and zoning include single family residence under County of Orange jurisdiction and zoned AF-20 Agriculture, minimum lot size 20,000 square feet) to the south,a townhouse development in the City of Orange zoned R-3 Residential, Multifamily) to the west, and a restaurant and vacant land under County jurisdiction zoned CC (community commercial) and B1 (Buffer) respectively to the north. To the east of the site is vacant land that is designated permanent open space for the Rocking Horse Ridge Development and zoned R1-20 PUD Residential, Single Family, minimum lot size 20,000 square feet,Planned unit Development).7. The subject site has been designated as "Open Space" on the City's General Plan Land Use Policy Map since 1975 (The City's first General Plan Map). Staff's research through past files did not reveal specific discussion regarding this site at the time the 1975 General Plan Map was adopted. Staff assumes the site was originally designated as "Open space" due to it severe topography. Furthermore, staff did not find any records to indicate the site was considered for active or passive park use.8. The applicant submitted an initial request for a zone change and General Plan amendment several years ago. Since that time, a number of different development concepts have been proposed and reviewed by staff. These proposals ranged from an lOP (Office Professional) designation with a medical office building, to residential development at ten units per acre. One proposal included an adjacent parcel south of the subject property as part of the development. In each case, the Environmental Review Board raised concerns with project conformance with the city's Manual of Grading, Guidelines for Landform Grading and Planting, Zone regulations, site access and emergency access provisions.9. The applicant is proposing to amend the City's General Plan Land Use Element by changing the land use designation of the subject site from Open Space to Low Density Residential, 2 to 6 dwelling units per acre, and to pre-zone the site to R-1-6.10. The subject property will be considered for annexation to the city of Orange by the Local Agency Formation Commission (LAFCo) on November 6, 1991. From a discussion with a LAFCo representative, the Commission is expected to continue the annexation request until council on proposed General Plan Amendment 3-91-B, Zone Change 1112-89, and Negative Declaration 1376-89. If the City Council finds that Negative Declaration 1376- 89 is complete, LAFCo will consider adopting the same Negative Declaration as providing complete environmental analysis of the proposed development of the site and may file Negative Declaration 1376-89 as the environmental documentation for the annexation.BOW, THEREFORE, BE IT RESOLVED by the city Council fo the City of Orange that the recommendation of the Planning Commission be upheld and that Pre-Zone 1112-89 reclassifying the subject property to the R-1-6 District be denied for the following reasons:1. The proposed pre-zoning would permit development at a density and scale that would have a detrimental affect on the surrounding residences due to the increase in density and the creation of unsightly slopes.2. The negative declaration does not address the environmental impacts the project will have on the future residents of the site.ADOPTED this 12th day of May ATTEST: 1'.....Jl'~-<:1' 4'~city ~erk th~rty 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 12th of May , 1992, by the following vote:AYES:NOES:ABSENT:COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS:STEINER, BARRERA, MAYOR BEYER, Id referred to in this repo,'t is situated in the St~te of California, y of Orange, and is described as follows: EXHIBIT "A" PARCEL 1: That portion of Lot 42 of the El Modena Citrus Lands, in the County ofOrange, State of Cal Horllla, as shown on map recorded In [loor, 6, P~ge 32of11iscellaneousMaps, recor'ds of Orange County, California, bound>ed asfo11OliS: Bounded Northerly by the most Northerly Southerly line and the Westerlyprolongationthereof, of the land described in that certain deed tuHil1topInvestmentCo., recorded April 10,1973, In fluok 10654, Page 269ofsaidOfficIalRecords; bounded Easterly by the most Easterly West lineofsaidlanddescribedindeedtoHilltopInvestmentCo., and the mostWesterlylineofTractNo. ]0775 as shown on a map recorded In (loor. 49],Pages ]9 to 25 of saId Miscellaneous Maps; bounded Southerly by theSoutherlyIineofsaidLot42; and bounded Westerly by the cClllcrl in. eflhatcerlainunnamedroad, as shown belween Lots 42 ~nd Lots 2, 4 "ncl 5 ofsaidElModenaCitrusLands. EXCEPT THEREFROM that portIon lying within the land described In thalcenainFinalOrderofCondr,mnation, recorded August ]fl, ]97], in 110DI.9767, Page 467 of sa Id Official Records. PARCEL 2: Lot fl of Tract No. ]0775, In the Cfly of Orange, County of Or'"n9., SlateofCalifornla, per map recorded in (loeY. 49], Pages 19 lo 25, inclus Ive, ofMiscellaneousMaps. In the offlcr of the County Recorder of said Or.n~eCounty. RESO 8003 oj n o IJ n l l r> r Z~ OZ llfl I~