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HomeMy WebLinkAboutORD-14-05 Pre Zone Change- Construction of Dwelling Unit DevelopmentORDINANCE NO. 14- 05 I AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ORANGE APPROVING PRE ZONE CHANGE NO. 1219 THAT WILL ESTABLISH THE EAST ORANGE PLANNED COMMUNITY THAT INCLUDES A ZONING MAP WITH A PC DESIGNATION AND A DEVELOPMENT PLAN TO ALLOW THE CONSTRUCTION OF A 2, 300 DWELLING UNIT DEVELOPMENT THAT INCLUDES PUBLIC PARKS, TRAILS AND NATIVE OPEN SPACE ON PROPERTY LOCATED EAST OF SR 241/261 AND NORTH AND SOUTH OF SANTIAGO CANYON ROAD APPLICANT: THE IRVINE COMPANY WHEREAS, the City Council has authority per Orange Municipal Code Sections l7.10.020C to take action on Pre Zone Change No. 1219, pertaining to pre-zoning the East Orange site to Planned Community including a Development Plan and a Zoning Map showing a designation of PC so as to allow the development of a 2,300 dwelling unit planned community; and WHEREAS, Pre Zone Change No. 1219 were filed by The Irvine Company in accordance with the provisions of the City of Orange Municipal Code; and I WHEREAS, Pre Zone Change No. 1219 were processed in the time and manner prescribed by state and local law; and WHEREAS, pursuant to the authority and criteria contained in the California Environmental Quality Act (CEQA), the Community Development Director analyzed the proposal and determined that the project will have a potentially significant adverse effect on the environment. A Draft Environmental Impact Report (DraftSEIR 1278/Draft EIR 1716) was prepared and circulated for public review for a period of at least 45 days, from October 20,2004 through December 6, 2004. The Final Environmental Impact Report for the Santiago Hills II and East Orange Planned Communities and required discretionary permits is complete and adequate for the consideration of the Zone Change. Resolution No. 10018 has been passed,approved and adopted by the City Council on November 8, 2005, recommending certification of Final SEIR 1278/Final EIR 1716, SC#19881l0905 and adoption of a Statement of Overriding Considerations and a Mitigation Monitoring Program for the Santiago Hills II and East Orange Planned Communities and all required discretionary permits; and WHEREAS, the City Council adopted Resolution No. 10019, adopting General Plan Amendment 2003-0001, which is an amendment to the City's General Plan that incorporated goals, policies, text and figures that provide long range planning for the Santiago Hills II and East Orange WHEREAS, the Planning Commission conducted a public hearing for the SHII/EOPC project on July 18, 2005, continued the item to August 15, 2005 and adopted Planning Commission Resolution No. PC 27-05 on August 15, 2005, recommending that the City Council approve Pre Zone Change 1218 and 1219; and WHEREAS, the City Council conducted a duly advertised public hearing on September 27,2005, continued the item to October 11, 2005, to October 25,2005, and again to November 8, 2005, at which time interested persons had an opportunity to testifY either in support of or opposition to Pre Zone Change No. 1219, upon property described as follows:See legal Description, Attachment A NOW, THEREFORE, the City Council of the City of Orange hereby ordains as follows:SECTION 1 - FINDINGS 1. The establishment of the East Orange Planned Community Development Plan and Zoning Map are consistent with the City of Orange General Plan. 2. The East Orange Planned Community Development Plan and PC Zoning Map provides the information and project characteristics as required by the OMC Chapter 17.26 Planned Community District. 3. The East Orange Planned Community Development Plan establishes perimeter setbacks from streets and open space that exceeds the minimum dimensions required and creates a scenic streetscape and allows for a buffer from established public facilities, such as Irvine Park. 4. The development standards within both Santiago Hills II and East Orange Development Plan allow for development in a pattern compatible with existing residential adjacent to the subject site. 5. Both Santiago Hills II and East Orange Planned Communities permit the preservation of natural features and native open space that will benefit the entire community, and includes preservation of native trees, view corridors, and unique geological features. 6. Both Santiago Hills II and East Orange Planned Communities provide on- site recreational facilities such as the community sports park and four local parks, which are in excess of what is required by City regulations.7. Both Santiago Hills II and East Orange Planned Communities include a comprehensive trail system throughout the entire study area that will permit hiking,off-road biking and equestrian riders to not only travel the entire length of the project, but also connect to existing trails 8. Both Santiago Hills II and East Orange Planned Communities will incorporate Design Guidelines that will establish architectural treatment, landscaping, neighborhood treatments and fuel modification plans for the entire subject site. 10. Both Santiago Hills II and East Orange Planned Communities proposal a mix of uses, including residential uses, open space, and public facilities to serve the development. Recommended amendments to Santiago Hills II Planned Community Regulations are for the purpose of adjusting sector boundaries based on further engineering, eliminating Santiago Canyon Road at the northern edge of the development area, adjusting land use tables, and other minor clarifying changes. 11. The City's Public Works, Fire, and Police Departments have reviewed the project and indicated that City services are available and adequate to serve the project. I 9. 12. With the incorporation of design features, physical improvements, architectural treatment, public amenities, landscaping and setbacks, preservation of native open space and trees, the proposal constitutes an environment equal to or better than what might be accomplished under traditional practices. 13. The East Orange Development Plan establishes the development standards for the Planned Community land use designation established by Pre Zone Change No. 1219. 14. Pre Zone Change No. 1218 and No. 1219 does not involve the reduction of residential density for any parcel to a lower density that is below the density that was utilized by the Department of Housing and Community Development (HCD) in determining that the City's housing element complied with housing element law because: a) as explained in the SEIR/EIR, the regional housing allocation for the City does not include housing that would be produced by future development within the City's sphere of influence; b) nonetheless, the City's housing element referenced future housing in Santiago Hills II Planned Community to meet a portion of its allocation of the regional housing need but did not rely on the remainder of the project area, all of which is currently outside the City but within the City's sphere of influence; I c) HCD found that the City's housing element complied with state law; and d) the project does not change the total number of residential units permitted by the General Plan for the Santiago Hills II Planned Community portion of the Project, and (e) a higher density is associated with greater opportunities for affordable housing and the project will increase the number of medium- density units in the Santiago Hills II Planned Community. Therefore, the findings described in California Government Code section 65863(b) are not required for the project and there are sufficient sites in the City that are adequate to accommodate the City's share of the regional housing need. 15. The data and analysis upon which these findings of fact are based are set forth in the staff report and associated documents for Final SEIR No. 1278/Final EIR 1716, General Plan Amendment No. 2003-0001, Zone Change No. 1218 & 1219, ROMP,Design Guidelines, Tentative Tract Maps 16199,16201 and 16514, Conditional Use Permit 2488-03, and Development Agreement by and between the City of Orange and The Irvine Company, staffs oral presentation, public testimony, and Commissioner comments which constituted the Planning Commission's review of this application. SECTION 2 The East Orange Planned Community Development Plan and PC Zoning Map are shown in Attachment B, attached hereto and incorporated by this reference. SECTION 3 Should any section, subsection, clause, or provision of this Ordinance for any reason be held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this Ordinance; it being hereby expressly declared that this Ordinance, and each section, subsection, sentence, clause and phrase hereof would have been prepared, proposed, approved and ratified irrespective of the fact that anyone or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional. SECTION 4 A summary of this Ordinance shall be published and a certified copy of the full text of this Ordinance shall be posted in the Office of the City Clerk at least five (5) days prior to the City Council meeting at which this Ordinance is to be adopted. A summary of this Ordinance shall also be published once within fifteen (15) days after this Ordinance's passage in a newspaper of general circulation, published, and circulated in the City of Orange. The City Clerk shall post in the Office of the City Clerk a certified copy of the full text of such adopted Ordinance along with the names of those City Council members voting for and against the Ordinance in accordance with Government Code Section 36933. This Ordinance shall take effect thirty (30) days from and after the date of its final passage.ADOPTED this 22nd day of November, 2005.City of ATTEST: I 5 Mary E. Murp , . y Cler , STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF ORANGE ) I, MARY E. MURPHY, City Clerk of the City of Orange, California, do hereby certify that the foregoing Ordinance was introduced at the regular meeting of the City Council held on the sth day of November, 2005, and thereafter at the regular meeting of said City Council duly held on the 22nd day of November, 2005, was duly passed and adopted by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: COUNCILMEMBERS: Smith, Ambriz, Murphy, Dumitru COUNCILMEMBERS: None COUNCILMEMBERS: Cavecche COUNCILMEMBERS: None I 5