SR - ORD-14-18 - SECOND READINGORDINANCE
*,iQ
SECOND READING
December 11, 2018
1. SUBJECT
Second Reading of an Ordinance of the City Council of the City of Orange approving a
Zone Change to create a historic district overlay zone for three Eichler Tracts and
amending Orange Municipal Code Section 17.17.060 to include the adoption of the
Orange Eichler Design Standards.
2. SUMMARY
The introduction and First Reading of the above -entitled Ordinance was approved at a
Regular Council Meeting on November 13, 2018.
The Ordinance is now presented for Second Reading by title only, and adoption.
Vote at First Reading: AYES: Alvarez, Whitaker, Smith, Murphy, Nichols
NOES: None
ABSENT: None
3. RECOMMENDED ACTION
Adopt Ordinance No. 14-18.
4. ATTACHMENT
Ordinance No. 14-18
ITEM 9.2 1 12/11/2018
ORDINANCE NO. 14-18
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF ORANGE APPROVING A ZONE CHANGE
TO CREATE A HISTORIC DISTRICT OVERLAY
ZONE FOR THREE EICHLER TRACTS AND
AMENDING ORANGE MUNICIPAL CODE SECTION
17.17.060 TO INCLUDE THE ADOPTION THE
ORANGE EICHLER DESIGN STANDARDS.
ZONE CHANGE NO. 1291-18
APPLICANT: CITY OF ORANGE
WHEREAS, the three tracts developed by Eichler Homes, Inc. in the City of Orange
(Fairhaven, Fairhills, and Fairmeadow) are distinctive examples of postwar Modernist housing in
California. The 340 houses in three tracts are the largest concentration of Eichler Homes in
southern California and the only examples in Orange County; and
WHEREAS, the Eichler neighborhoods in the City of Orange have a high degree of
historic integrity, reflecting the care of generations of homeowners since their development in the
early 1960s; and
WHEREAS, the residents of the Orange Eichlers have long recognized the importance
and historic character of their neighborhoods and have advocated for the protection of the
neighborhoods as historic districts since the early 2000's; and
WHEREAS, the residents' efforts prompted the City of Orange Community Development
Department to conduct a historic resources survey of the tracts in 2005, which identified the Eichler
neighborhoods as potential historic districts; and
WHEREAS, the City Council adopted the City of Orange 2010 Historic Resources
Inventory, including survey results and a historic context statement for the Eichler Homes, through
Resolution No. 10426 in March 2010; and
WHEREAS, the City of Orange 2010 General Plan includes a Goal and Implementation
Program to designate the Eichler neighborhoods as local historic districts; and
WHEREAS, in the summer of 2016, the City Council received a petition supporting the
concept of historic district designation from over 80 percent of Eichler residents; and
WHEREAS, in the fall of 2017, the City Council directed Planning staff to start the process
for designation of historic district overly zones for the three neighborhoods; and
WHEREAS, Orange Municipal Code (OMC) Chapter 17.17 establishes that "application
for a historic district shall comply with the zoning amendment procedure for a change in the zoning
district classification upon designation approval by City Council as prescribed under OMC Section
17.10.020"; and
WHEREAS, a historic district overlay zone includes additional regulations over the base
zoning of a particular area to encourage historic preservation and complementary new
development; and
WHEREAS, the Orange Eichler Design Standards (OEDS) were developed with extensive
community input to accompany the historic district overlay zone in order to provide rules and
guidelines on how to preserve the historic features and character of the Eichler Historic Districts
while allowing for change that is compatible with the aesthetics of Eichler designs; and
WHEREAS, a nine person Advisory Committee, consisting of three homeowners from
each Eichler tract, met four times with City staff and the consultant team between February and
April 2018 to provide input on the topics to be included in the OEDS; and
WHEREAS, the City held community workshops on local historic district designation and
design standards on February 8, 2018 and May 3, 2018; and
WHEREAS, the first public review draft of the OEDS was released on July 12, 2018 and
a community workshop on the draft was held on July 19, 2018; and
WHEREAS, the Design Review Committee held study sessions on the draft OEDS on
August 1, 2018 and August 29, 2018; and
WHEREAS, the City received over 200 comments on the draft OEDS and prepared
revised drafts based on the comments; and
WHEREAS, the Design Review Committee having considered the Orange Eichler Design
Standards at a public meeting held on September 19, 2018, including review of the staff report and
having received public testimony on the item, determined the adoption of the OEDS is justified
and recommended approval thereof to the Planning Commission and City Council by a vote of
3-0; and
WHEREAS, the Planning Commission, having considered the proposed Ordinance and
Zone Change at a public hearing held on October 15, 2018, including review of the staff report
and having received public testimony on the item, determined the proposed historic district overlay
zone and adoption of the OEDS is justified and recommended approval thereof to the City Council
by a vote of four in favor and one against; and
WHEREAS, the City Council held a duly advertised public hearing on November 13,
2018, for the purpose of considering Zone Change No. 1291-18 as it pertains to the Orange Eichler
Historic Districts as shown in the attached Exhibits "A", `B", and "C".
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ORANGE DOES
ORDAIN AS FOLLOWS:
SECTION I:
The boundaries of the local Eichler Historic Districts are depicted on the maps attached
hereto as Exhibit "A" and incorporated herein by reference. The contributing and non-contributing
properties within the Eichler Historic Districts are depicted on the map in Exhibit "A" and
described in the historic resources survey forms attached hereto as Exhibit `B" and incorporated
herein by reference. The City of Orange Historic Resources Inventory is hereby updated to include
the historic resources survey forms attached hereto as Exhibit `B." The Orange Eichler Design
Standards, attached hereto as Exhibit "C" and incorporated herein by reference, shall apply to all
properties within the boundaries of the Eichler Historic Districts as depicted in the maps in Exhibit
"A"
SECTION II:
Orange Municipal Code Section 17.17.060 is hereby amended to read as follows:
17.17.060 - Development Standards.
A historic district zone includes additional regulations and uses over base zoning of a
particular area to encourage historic preservation and complementary new development. To
promote orderly development and preservation within historic districts the following standards
and their amendments shall apply: Old Towne Historic Preservation Design Standards, The
Southwest Project Area Design Standards, the Orange Eichler Design Standards, the General
Plan's Historic Preservation Element sample guidelines including the Secretary of the Interior's
Standards and Guidelines for Rehabilitation.
SECTION III:
The historic district overlay zone and adoption of the Orange Eichler Design Standards
described in Sections I and II are categorically exempt from the provisions of the California
Environmental Quality Act (CEQA) per State CEQA Guidelines 15308 (Class 8 — Actions by
Regulatory Agencies for Protection of the Environment) and 15331 (Class 31 — Historical
Resource Restoration/Rehabilitation). The overlay zone is established for the protection of historic
resources and makes no changes to the land uses permitted by the base zoning. It assures the
maintenance and protection of the environment through the preservation of historic resources and
appropriate standards for new construction in the historic districts, as required by the Class 8
exemption.
In addition, the Orange Eichler Design Standards are written such that projects that are found to
be in conformance with the Design Standards also will be in conformance with the Secretary of
the Interior's Standards for the Treatment of Historic Properties (SOI Standards). The regulatory
process for projects within the historic district overlay zone involves review to ensure conformance
with the Orange Eichler Design Standards and the SOI Standards, as required by the Class 31
exemption. Creation of the historic district overlay zone ensures that historic resources will be
preserved and protected from changes that may affect the integrity of the historic character, design,
materials, and features.
SECTION IV:
General Plan Consistency
The Eichler historic district overlay zone achieves goals of the General Plan Cultural
Resources and Historic Preservation Element and the Implementation Program. The Zone Change
and Orange Eichler Design Standards provide long-term assurance that historic resources will be
used, maintained and rehabilitated in conformance with the Secretary of the Interior's Standards
for the Treatment of Historic Properties (SOI Standards). Projects in the Eichler Historic Districts
will be reviewed for conformance with the Orange Eichler Design Standards, which are consistent
with the SOI Standards. Designation of the Historic Districts also provides access to incentives for
preservation including the Mills Act Program and California Historical Building Code.
Consistent with General Plan Implementation Program 1-18, the historic district overlay
zone is established using procedures for local historic district designation, including notification
of property owners. The historic district overlay is consistent with the criteria in Orange Municipal
Code Section 17.17.050, as enumerated in the findings in the staff report and incorporated herein
as if fully set forth. The Orange Eichler Design Standards have been developed for project review
in the Eichler Historic Districts to preserve the character of historic resources.
SECTION V:
If any section, subdivision, paragraph, sentence, clause or phrase of this Ordinance is for
any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the
remaining portions of this Ordinance. The City Council hereby declares that it would have passed
this Ordinance, and each section, subdivision, paragraph, sentence, clause and phrase thereof,
irrespective of the fact that any one (or more) section, subdivision, paragraph, sentence, clause or
phrase had been declared invalid or unconstitutional.
SECTION VI:
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 5 days prior to the City Council
meeting at which this ordinance is adopted. A summary of this ordinance shall also be published
once within 15 days after the ordinances 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
Councilmembers voting for and against the ordinance in accordance of Government Code Section
36933. This ordinance shall take effect 30 days from and after the date of its final passage.
ADOPTED this day of , 2018.
Teresa E. Smith, Mayor, City of Orange
ATTEST:
Pamela Coleman, City Clerk, City of Orange
STATE OF CALIFORNIA
COUNTY OF ORANGE
CITY OF ORANGE
I, PAMELA COLEMAN, Chief 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 13th
day of November 2018, and thereafter at the regular meeting of said City Council duly held on the
day of , 2018, was duly passed and adopted by the following vote, to wit:
AYES:
COUNCILMEMBERS:
NOES:
COUNCILMEMBERS:
ABSENT:
COUNCILMEMBERS:
ABSTAIN:
COUNCILMEMBERS:
Pamela Coleman, City Clerk, City of Orange