SR - ORD-01-17 - 20150 AND 2140 W CHAPMAN AVENUE1. SUBJECT
Zone Change No. 1282 -16, Witness International, 2050 and 2140 West Chapman Avenue
2. SUMMARY
The applicant proposes to change existing site zoning from Office Professional (O -P) to General
Business (C -2) consistent with the existing General Commercial (Max 1.0 FAR) (GC) General
Plan designation of the sites.
3. RECOMMENDED ACTION
Adopt City Council Ordinance No. 01 -17 entitled:
AN ORDINANCE OF THE CITY COUNCIL APPROVING ZONE
CHANGE NO. 1282 -16 TO CHANGE THE ZONE OF PROPERTY
LOCATED AT 2050 AND 2140 WEST CHAPMAN AVENUE FROM
OFFICE PROFESSIONAL (O -P) TO GENERAL BUSINESS (C -2)
CONSISTENT WITH THE EXISTING GENERAL PLAN LAND USE
DESIGNATION OF GENERAL COMMERCIAL (MAX 1.0 FAR) (GC)
4. FISCAL IMPACT
No fiscal impact is anticipated from making the site Zoning designation consistent with the
General Plan Land Use designation.
5. STRATEGIC PLAN GOAL(S)
1. Be a fiscally healthy community
a) Create an environment to attract, retain and expand economic opportunities
6. GENERAL PLAN IMPLEMENTATION
Land Use Element:
GOAL 3.0 Create commercial uses that provide a solid economic base and employment
opportunities and identify Orange as an attractive and diverse shopping destination.
Policy 3.1 Promote development of revenue - generating land uses that help defray the costs of
high quality public services.
Policy 3.2 Actively promote the City as a place to shop and conduct business, and encourage
local patronage of Orange businesses.
Economic Development Element
GOAL 1.0 Sustain a diversified economic base and strong fiscal stability.
Policy 1.5 Encourage new development and businesses that supplement smaller components
of the City's retail base, such as apparel retailers, food stores, and home
furnishings and appliances.
Policy 3.2 Encourage public and private sector investments that promote commercial
development and expansion opportunities.
7. DISCUSSION and BACKGROUND
The applicant proposes to change existing site zoning from Office Professional (O -P) to General
Business (C -2) consistent with the existing General Commercial (Max 1.0 FAR) (GC) General
Plan designation of the sites. No physical changes to the sites are requested. The applicant
initiated Zone Change is a private economic development effort intended to attract a greater
diversity of uses and opportunity for new businesses at the site than would otherwise be
accommodated in the O -P zone. A zoning code land use matrix comparison for the two zoning
designations is included in Attachment 7.
ITEM 2 1/10/17
Background
The project site consists of two near - identical, two - story, office buildings with a combined
50,784 square feet in area. Each building is on its own parcel. A total of 207 on -site parking
spaces serve the two buildings. An identical third building was constructed as part of the original
development but is owned separately on a separate parcel. A reciprocal access easement exists
among the three buildings /parcels however, no reciprocal parking agreement exists.
Surrounding land uses are as follows:
North - Chapman Avenue followed by commercial uses in a C -2 zone on the other side.
South - Single - family residences in a R -1 -6 zone.
East - Single -story commercial office -style buildings in a C -2 zone.
West - An office -style building similar to the ones on the subject property, in an O -P zone.
Administrative Adjustment No. 0221 -15 was approved by the Zoning Administrator on February
19, 2015, for a ten percent Administrative Adjustment to the center's parking.
Planning Commission Hearing
On October 3, 2016, the Planning Commission voted unanimously (5:0) to recommend approval
of the project to the City Council. The Planning Commission staff report, provided as
Attachment 5, provided a detailed review of the requested Zone Change and subject parcels.
Several emails were received from the surrounding residential neighbors in opposition to the
project (Attachment 8). Additionally, at the Planning Commission meeting, two persons spoke
in opposition to the project. The concerns cited in the emails and by the speakers include:
• Increased traffic
• Increased residual effects perceived as originating from a nearby homeless population or from
increased on -site business intensity (trash, noise, loitering, theft, misdirected human waste)
• Reduced property value
• Increased operational noise
• Lack of or improper property maintenance
• Introduction or new or increased undesired land uses such as retail uses, car sales,
instructional uses, restaurants and, massage parlors
• Increased business intensity, including non - permitted operations
ITEM 3 1/10/17
Planning Commission meeting minutes are included in Attachment 6. In summary, the Planning
Commission found, in making their recommendation for approval, that the concerns presented
did not have a quantifiable relationship to the zone change land use decision.
Environmental Review
Environmental Impact Report: Final Program Environmental Impact Report (EIR) No. 1815-
09 for the Comprehensive General Plan Update was certified on March 9, 2010 and prepared in
accordance with the California Environmental Quality Act.
CEQA Guidelines Section 15168 (c) allows the use of a previously - certified Program EIR to
cover "later activities" subject to the following findings:
• The project would not have effects that were not examined in the Program EIR; and
No new significant impacts (or a substantial increase in the severity of an impact) would
occur and no new mitigation measures are required.
Because the land use assumptions of Program EIR No. 1815 -09 included the sites existing
General Commercial Max (1.0 FAR) (GC) General Plan Land Use Element designation, impacts
for future potential density or land use intensity increases on the site have been evaluated in the
EIR. Table LU -3 of the General Plan Land Use Element identifies zoning of General Business
(C -2) as consistent with the GC General Plan designation. Hence, because the zoning will be
changed to General Commercial (C -2) consistent with the existing General Commercial (Max
1.0 FAR) (GC) General Plan designation, the proposed activity falls within the scope of the
previously- approved General Plan and is adequately described in previously - certified Program
EIR No. 1815 -09 for purposes of CEQA. No further analysis is merited.
8. ATTACHMENTS
1. Recommended Draft City Council Ordinance No. 01 -17 (including Existing and
Proposed Zoning Maps)
2. Vicinity Map
3. Site Photos
4. Planning Commission Resolution No. 20 -16
5. Planning Commission Staff Report of October 3, 2016
6. Planning Commission Meeting Minutes of October 3, 2016
7. Planning Commission Memo dated October 3, 2016
8. Public Correspondence Provided to Staff and the Planning Commission at the November
21, 2011 Planning Commission meeting.
9. Applicant Letter of Explanation and Justification
N:ACDD \PLNG\Applications\Zone Changes\ZC 1282 -16 Witness International\CC Report v2.docx.doc
ITEM 4 1/10/17
CITY COUNCIL MINUTES JANUARY 10, 2017
9. LEGAL AFFAIRS
9.1 Amending and restating hazardous materials, Ordinance No. 11-16 (Second Reading)
(A2500.0)
An Ordinance of the City Council of the City of Orange amending and restating Chapter
15.33 of the Orange Municipal Code relating to hazardous materials.
MOTION — Murphy
SECOND — Alvarez
AYES — Alvarez, Whitaker, Smith, Murphy, Nichols
Moved that Ordinance No. 11 -16 be read by title only and same was approved and adopted
by the preceding vote.
10. ITEMS RELATING TO THE SUCCESSOR AGENCY OF THE ORANGE
REDEVELOPMENT AGENCY
11. PUBLIC HEARINGS
11.1 Zone Change No. 1282 -16, Witness International, 2050 and 2140 W. Chapman Ave.
(Z1500.0)
Time set for a public hearing to consider Zone Change No. 1282 -16, Witness International.
THE MAYOR OPENED THE PUBLIC HEARING.
Public Speakers:
Tommy Lin — spoke in favor of approving the zone change.
Margaret Staley — spoke in favor of approving the zone change.
Entered into the record: email received by Scott Montgomery in opposition of approving
the zone change.
THE MAYOR CLOSED THE PUBLIC HEARING.
ORDINANCE NO. 01-17 (First Reading)
An Ordinance of the City Council approving Zone Change No. 1282 -16 to change the zone
of property located at 2050 and 2140 West Chapman Ave. from office professional (O -P)
to general business (C -2) consistent with the existing General Plan land use designation of
general commercial (Max 1.0 FAR) (GC).
MOTION — Whitaker
SECOND — Nichols
AYES — Alvarez, Whitaker, Smith, Murphy, Nichols
Moved that Ordinance No. 01 -17 be approved for First Reading and same was set for
Second Reading by the preceding vote.
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