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11.01 Nutwood Tract Zone Change ���F��'"N �~���'������� CITY OF ORANGE *: :* o: :Q P t re2 9'•, ycF�'�An_s.+�•�.`�° ��UHTY�P CITY CLERK (714)744-5500 • FAX:(714)744-5515 www.cityoforange.org NOTICE & ORDER OF CONTINUANCE OF PUBLIC HEARING Notice is hereby given that on September 11, 2018, the following Public Hearing was continued to: DATE: Tuesday, October 9, 2018 TIME: 6:00 PM LOCATION: City Council Chamber; 300 E. Chapman Avenue, Oranqe, CA 92869 11.1 Nufinrood Tract Zone Change No. 1288-18. Time set for a public hearing to consider Zone Change No. 1288-18 to rezone select properties in the Nutwood Tract to Single Family Residential (R-1-6) and Office Professional (OP) to establish consistency with the Low Density Residential and Neighborhood Office Professional General Plan land use designations in accordance with state law. The subject Zone Change addresses certain properties presently developed with single-family residences on the 500-block of S. Orange Street and S. Grand Street between E. La Veta Avenue and E. River Avenue and a professional office at 503 S. Glassell Street. Signed: �l,t,ti..�.�i��,f'Y1�-f'L Pamela Coleman, Deputy City Clerk ORANGE CIVIC CENTER • 300 E. CHAPMAN AVENUE • ORANGE, CA 92866-1591 ��PRINTEO ON RECYCLED PAPER G���°�°�c� AGENDA ITEM *: �.* �:. ::� ������cPY�,o� September 11, 2018 Reviewed/Verified B . TO: Honorable Mayor and � Members of the City Council City Manager Finance Directo T�IRU' R1Ck Otto To Be Presented By:Kelly Ribuffo City Manager Cons Calendar City Mgr Rpts FROM• William Crouch Council Reports Legal Affairs . Community Development Director Boards/Cmtes X Public Hrgs Admin Reports Plan/Environ 1. SUBJECT PUBLIC HEARING: Zone Change No. 1288-18 to rezone select properties in the Nutwood Tract to Single Family Residential (R-1-6) and Office Professional (OP) to establish consistency with the Low Density Residential and Neighborhood Office Professional General Plan land use designations in accordance with state law. The subject Zone Change addresses certain properties presently developed with single-family residences on the 500-block of S. Orange Street and S. Grand Street between E. La Veta Avenue and E. River Avenue and a professional office at 503 S. Glassell Street. 2. SUMMARY The City of Orange is proposing to rezone properties on the 500-block of S. Orange Street and S. Grand Street between E. La Veta Avenue and E.River Avenue from Duplex Residential(R-2-6)to Single Family Residential (R-1-6). These properties have a General Plan land use designation of Low Density Residential (2-6 units/acre) (LDR). The zoning that is consistent with the LDR designation is Single Family Residential. The property located at 503 S. Glassell Street is also proposed to rezoned from General Business (C-2) to Office Professional (OP). The property �l presently has a General Plan designation of Neighborhood Office Professional(NOP). The zoning that is consistent with the NOP designation is Office Professional (OP). Both State planning law and Program I-1 of the General Plan Implementation Plan require consistency between General Plan and zoning designations. ITEM � 1 09/11/18 3. RECOMMENDED ACTION Adopt Ordinance 09-18: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ORANGE APPROVING ZONE CHANGE NO. 1288-18 REZONING CERTAIN PROPERTIES IN THE NUTWOOD TRACT TO SINGLE FAMILY RESIDENTIAL (R-1-6) AND OFFICE PROFESSIONAL (OP) TO ESTABLISH CONSISTENCY WITH THE LOW DENSITY RESIDENTIAL AND NEIGHBORHOOD OFFICE PROFESSIONAL GENERAL PLAN LAND USE DESIGNATIONS IN ACCORDANCE WITH STATE LAW 4 FISCAL IMPACT None. 5. STRATEGIC PLAN GOAL(S) 5. Recognize,promote, and preserve Orange's rich heritage. d) Expand and strengthen processes and practices related to protection and cultural resources. 6. GENERAL PLAN IMPLEMENTATION Implementation Program I-1 In accordance with State planning law (Government Code §65860), the City must establish consistency between the General Plan and its zoning. Implementation Program I-1 of the General Plan Implementation Plan calls for consistency between General Plan and zoning designations to be established: Cultural Resources Element Goal 1.0: Identify and preserve potential and listed historic resources, including buildings, structures, objects, sites, districts, and archaeological resources citywide. • Policy 1.3: Provide long term assurance that potential and listed historic resources will be used, maintained, and rehabilitated in conformance with Secretary of the Interior's Standards for the Treatment of Historic Properties with Guidelines for Preserving, � Rehabilitating, Restoring and Preserving Historic Buildings (Secretary's Standards). ITEM 2 09/11/18 7. DISCUSSION and BACKGROUND The Nutwood Tract, also known at Nutwood Place, is a neighborhood consisting of approximately six blocks located just north of Hart Park in Old Towne Orange. The Nutwood Tract is characterized by a mix of General Plan and zoning designations that support a variety of residential development types ranging from single family,to duplex,to multi-family. Over the years,this land use policy has resulted in the conversion of some historic single-family residences to multi-unit properties. At the July 11, 2017 meeting of the City Council, the Planning Division was given direction to pr.epare a memorandum regarding potential re-zoning of the Nutwood Tract, with the goal of preserving the historic single-family housing stock of the Nutwood Tract. Staff analysis concluded that development conditions in the tract are complex, and opportunities for making General Plan and zoning changes, that would function to protect the single-family development in the area without creating non-conforming properties, are limited. However, staff identified the 500-block of S.Orange Street and S.Grand Street between E.La Veta Avenue and E.River Avenue as having the greatest concentration of historic single-family homes with a Low Density Residential (2-6 units/acre) (LDR) General Plan designation,making it appropriate for a targeted zone change. Therefore, Staff is proposing to rezone properties on the 500-block of S. Orange Street and S. Grand Street between E. La Veta Avenue and E. River Avenue from Duplex Residential (R-2-6) to Single Family Residential (R-1-6). The R-1-6 zoning will establish consistency with the General Plan. The property located at 503 S. Glassell Street is also proposed to be rezoned from General Business (C-2) to Office Professional (OP). The property presently has a General Plan designation of Neighborhood Off`ice Professional (NOP). The zoning that is consistent with the NOP designation is Office Professional (OP). In total, 13 properties will be affected by the proposed zone change: Rezone from General Business (G2) to Office Professional (OP) • 503 S. Glassell Street Rezone froni Duplex Residential(R-2-6) to Single Fainily Residential (R-1-6) • 222 E. La Veta Avenue • 226 E. La Veta Avenue • 515 S. Orange Street • 525 S. Orange Street • 535 S. Orange Street • 545 S. Orange Street • 205 E. River Avenue • 213 E. River Avenue • 225 E. River Avenue • 526 S. Grand Street • 536 S. Grand Street • 552 S. Grand Street ITEM 3 09/11/18 Thus,Zone Change No. 1288-18 establishes General Plan and Zoning consistency for the affected properties. There is not a development project associated with this Zone Change. Iiistoric Status 11 of 13 properties within the proposed rezone area are designated as historic resources. Three properties also have active Mills Act contracts. On-the-Ground Uses in Relation to Zoning The proposed re-zoning of properties in the area affected by the Zone Change reflects long- standing on-the-ground conditions. According to the Orange County Assessor tax records and City of Orange building permit records all residential properties affected by the proposed zone change are single family residences. That said,properties may have accessory units, guesthouses, or other similar units existing that are not reflected in these records.The property at 503 S. Glassell Street is a professional office. The Zone Change will not cause existing permitted development to become legal non-conforming due to the compatibility between existing uses and proposed zoning. Public Outreach At the beginning of the review process for the project John Aust, owner of 225 E. River Avenue, contacted planning staff to discuss his concerns regarding the potential zone change. On April 25, 2018 and May 10, 2018 the Planning Division held information sessions for all residential property owners affected by the potential zone. No property owners attended the meeting on Apri125th. One property owner attended the meeting on May lOth On May 7, 2018 staff mailed a letter regarding the zone change directly to the property owner of the office at 503 S. Glassell Street. Offering the opportunity to meet or discuss the change over the phone.No response was received. In total, three residential property owners contacted staff with comments regarding the proposed zone change after the two public information sessions. All three property owners, including the individual who attended the information session on May 10�h,were in support of the proposed zone change as being compatible with the single family character of the neighborhood. Public Comment at Planning Commission At the June 4, 2018 Planning Commission hearing, four residents spoke in favor of, and three residents spoke in opposition to,the proposed zone change.Minutes from the meeting are included as Attachment 3 of this report. Residents in favor of the zone change expressed a desire to maintain the single-family residential character of the neighborhood and expressed interest in further rezoning to R-1 in the Nutwood Tract. ITEM 4 09/11/18 Residents who spoke in opposition to the project felt the zone change would cause a decrease in property values and that the properties may be developed with multiple units not reflected in city or county records. Additional Information—552 S. Grand Street Subsequent to the Planning Commission hearing staff received additional property information from Bonnie Byruin, owner of 552 S. Grand Street. Microfiche building permit records provided by Ms. Bynun suggest that between 1971-1972 an �530 square foot "rumpus room" was constructed on the property. This rumpus room, which included a bathroom, was later altered in 1973 to include kitchen facilities. Though these records do not conclusively state that the use of the rumpus room was converted to a dwelling unit, it is the opinion of staff that enough records exist for the property owner to pursue recognition of a second dwelling unit with the Orange County Assessor. Staff recommends that the properiy be considered for rezoning from R-2-6 to R-1-6. Existing development on the property is nonconforming with the setback and parking standards for a duplex iri the R-2-6 zone. Orange Municipal Code Section 17.38 significantly limits expansion of . nonconforming development unless parking can be brought into compliance with requirements of the parking code. Rezoning of the property to R-1-6 would not further limit the property owner's ability to alter the existing second dwelling unit in the future, and would potentially improve the noncomforming status of the property if the property were to be categorized as a single family home with an Accessory Dwelling Unit(ADU) rather than a duplex. Additional Information—225 E.River Avenue At the June 4, 2018 Planning Commission hearing John and Kitty Aust, owners of 225 E. River Avenue, spoke in opposition to the proposed zone change. A comment letter, received the same day of the hearing, is included as Attachment 4. Regarding their specific property, the Austs objected on the grounds that rezoning from R-2-6 to R-1-6 would preclude them from constructing a second unit greater than 640 square feet in size in the future. They also stated concerns that a zone change would diminish the value of their property as a large lot with R-2 zoning. Staff recommends that the property be considered for rezoning from R-2-6 to R-1-6. Existing single-family development on the property conforms with the requirements of the R-1-6 zone. The property is also a contributing historic resource within the Old Towne Historic District with a Mills Act contract, which is the type of development intended to be protected by the proposed zone change. Staff cannot confirm whether a second unit larger than a 640 square foot Accessory Dwelling Unit (ADU) could be constructed on the property while meeting the development and parking standards as required in the Orange Municipal Code. Staff Recommendation and City Council Determination Staff recommends the zone change of the above properties be approved as described in Ordinance 09-18. However, City Council has discretion to modify the boundary of the rezone area. Substantial modification of the proposed zone change by the City Council which was not previously considered by the Planning Commission shall be referred back to the Planning Commission for report and recommendation. ITEM 5 09/11/18 8. ADVISORY BOARD RECOMMENDATION Planning Commission: The Planning Commission reviewed the subject proposal at the June 4, 2018 hearing. The Commission considered the entire record, including all testimony and such additional information offered at the public hearing. The Commission recommended approval of the project to the City Council by a vote of four ayes with one absence. A copy of the approved resolution is provided as Attachment 2. 9. ATTACHMENTS Attachments to Report: 1. Draft Ordinance No. 09-18 Exhibit A: Existing Zoning Exhibit B: Proposed Zoning 2. Planning Commission Resolution No. PC 19-18 3. Planning Commission Staff Report and Minutes dated June 4, 2018 4: Comment Letter from John and Kiriy Aust dated June 4, 2018 ITEM � 6 09/11/18 ORDINANCE NO. 09-18 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ORANGE APPROVING ZONE C�IANGE NO. 1288-18 REZONING CERTAIN PROPERTIES IN THE NUTWOOD TRACT TO SINGLE FAMII,Y RESIDENTIAL (R-1-6) AND OFFICE PROFESSIONAL (OP) TO ESTABLISH CONSISTENCY WITH THE LOW DENSITY RESIDENTIAL AND NEIGHBORHOOD OFFICE PROFESSIONAL GENERAL PLAN LAND USE DESIGNATIONS IN ACCORDANCE WITH STATE LAW ZONE CHANGE NO. 1288-18 APPLICANT: CITY OF ORANGE WHEREAS,the City of Orange General Plan Land Use Element and associated Land Use Policy Map designates land uses in the portion of the Nutwood Tract located on the 500 block of S. Orange Street and S. Grand Street between E. La Veta Avenue and E. River Avenue (APN #390-102-01 through-11) as Low Density Residential(LDR); and WHEREAS, the City of Orange General Plan Land Use Element and associated Land Use Policy Map establishes a land use designation for the property located at 503 South Glassell Street (APN#390-101-1) in the Nutwood Tract as Neighborhood Office Professional(NOP); and � WHEREAS,the residential properties located on the 500 block of S. Orange Street and S. Grand Street between E. La Veta Avenue and E. River Avenue subject to Zone Change No. 1288- 18 are zoned Duplex Residential(R-2-6),which is not consistent with the LDR General Plan land use designation; and , WHEREAS,the commercial property located at 503 South Glassell Street subject to Zone Change No. 1288-18 is zoned General Business (C-2) which is not consistent with the NOP General Plan land use designation; and WHEREAS, California Government Code §65860 requires consistency between a city's . general plan and zoning; and WHEREAS, the Planning Commission, having considered the proposed Zone Change at a public hearing held on June 4, 2018, including review of the staff report and having received public testimony on the item, has determined the proposed amendment is justified and recommended approval thereof; and WHEREAS, the City Council held a duly advertised public hearing on September 11, 2018, for the purpose of considering Zone Change No. 1288-18 as it pertains to the portion of the �ATTACHMENT NO. 1 DRAFT ORDINANCE NO.09-18 ' 1 ; PUBLIC HEARING ZONE CHANGE 1288-18 � SEPTEMBER 11,2018 - CITY COUNCIL MEETING Nutwood Tract of the Old Towne Orange Historic District upon the properties shown in the attached Exhibits. NOW, T�IEREFORE, THE CITY COUNCIL OF THE CITY OF ORANGE DOES ORDAIN AS FOLLOWS: ' SECTION I: The existing zoning is depicted on the map attached hereto as Exhibit"A"and incorporated herein by reference. The Orange Municipal Code is hereby amended in order to change the zoning classification by amending the zoning on the sites depicted on the map attached hereto as Exhibit "B" and incorporated herein by reference. SECTION II: The proposed zone changes described in Section I are related to the public welfare,required by California Government Code Section 65860 and consistent with Final Program Environmental Impact Report(EIR)No. 1815-09 for the Comprehensive General Plan Update,certified on March 9,2010,and prepared in accordance with the California Environmental Quality Act(CEQA). The proposed zone changes are within the scope of the previously approved General Plan and are adequately described in the previously certified General Plan Program EIR for purposes of CEQA. SECTION III: A suminary 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 suinmary 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: Mary E. Murphy, City Clerk, City of Orange 2 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 day of ,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: ' Mary E. Murphy, City Clerk, City of Orange 3 EXHIBIT "A" [Beneath this sheet.] � W � � � N �� �� � � � fn z • � E-- ! C9 p �� � �,. 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' ��- ,�,- 0 � 655 ����d� :"_642 E�" z b�- , � .. i --- � � � , � ¢,: '� 3 J - - _ oc - , , , � �•- �,.� 644 L7 -�b�� '. � ; � 6�� b'I`� � ,, . , , � < , �� , , __ f: b-�1_ _��- _ !__- I � POOL ! BASEBALt , ._ . FIELD j ; PICNIC AREA ; �'��'� � , .. . , ,._ _. HART PARK � ' (701 S Glassell St.) � :VL'T�'�'DOD TRACT PROPQSED ZOtiI1�G Lepend . . _ . \i-� - _ `'.�.t �.i-F r+�j F. -F�;l.:>P; � �J.�f'.':.1`_,� _ _ . . : SP,Q=. '�3 G-4-16 R-�-61A1 � ��� P; S-G -OTMU-,=,5.:F��. �:-3 . - '-51A} R-t-12 R-2�IP1 �+�? -.-'�S-H OTMU.+� :�c- �_ = � '-61P1 R-t-12-E R-I-BISP����a S� OTMU�'S��- . ? _ =�P� R-7-6 iSP1 R-1•15 R•2-T -R-S,_� u C F C D. -OTM'_�2a _ '� �°^ � � �,-�,`'_-.4.� -.-q r- �.1.7 q--.;" R��'-C .... t_y_ �� a ;_. �,i.. a.. r,o� - ..' .. -. �1.. � . -��_ ,, . :S _ .__ .c= F - � � � Z()NE C�IANGE 1v0. flB��-18 RESOLUT'IOl'� NO. PC 19-18 A i2ESO�UTION OF 'I'HE �LANloTING COMMISSION RECOMMENDING T�IE CI'I"Y CO�TNCIL r�PROVE ZONE CI�ANGE 1�0. 128�-18 AND ADOPT AliT ORDINANCE 1tEZONII�G CERTAIN PROP�RTIES IN THE NU'�'WOOD TRACT TO SINGLE FAMI]Ll' RESID�NTIAL (R-1-6) AND OFFICE PROFESSIONAL (O-�) TO ES�'ABLISH CONSISTENCY WITH �HE LOW DENSITY IaESIDEN'g'IAL AND NEIG�IBORHOOD OFFICE PROFESSIONAL � G�NERAL PLAN LAND LTSE DESIGNATIONS �N ACCORDANCE Wd'I'I3 STA�� LA�V APPI,ICANT: CITY OF ORANGE Moved by Corrunissioner Conea and seconded by Commissioner Gladson that the following resolution be adopted: WHEREAS, the City of Orange General Plan L,and Use Element and associated Land Use Policy Map designates land uses in the portion of the Nutwood Tract located on the 500 block of S. Orange Street and S. Grand Street between E. La Veta Avenue and E. River Avenue (APN #390-102-01 through -14) as L,ow Density Residential (LDR); and WHEREAS, the City of Orange General Plan Land Use Element and associated Land Use Policy Map establishes a land uses designation for the property located at 503 South Glassell Street (APN #390-101-1)in the Nutwood Tract as Neighborhood Office Professional (NOP); and WHEREAS, the residential properties located on the 500 block of S. Orange Street and S. Crrand Street between E. La Veta Avenue and E. River Avenue subject to Zone Change No. 1288- 18 have been wned Duplex Residential (R-2-6), which is not consistent with the LDR General Plan land use designation; and WHEREAS, the corrnnercial property located at 503 South Glassell Street subject to Zone Change No. 1288-18 has Ueen wned General Busniess (G2)which is not consistent with the NOP General Plan land use designation; and � � WHEREAS, California Goverrunent Code �65860 reqttires consistency between a city's general plan and wning; and WHEREAS, the Planning Corruivssion, having considered the proposed Ordinance and Zone Change at a public hearing held on June 4, 2018, including review of the stag report and having received public testunony on the item, has detennined the proposed amendment is jt�stified and recoirnnends approval thereof-. � ATTACAMENT NO.2 pC RESO.NO PC 19-18 PUBLIC HEGE�g 18 � ZONE CHAN SEPTEMBER 11,2018 CITY COUNCIL MEETING �.. Resolution No. PC 19-18 Page 2 of 2 NOW,THEREFORE, BE IT RESOLVED that the Planning Corrnnission recommends the � City Council approve the subject Ordinance and Zone Change, as depicted on ir�aps mcluded in Attaclunent A to tivs Resolution, attached hereto, based on the following findings: SECTION 1- F1NDING The Zone Change unplements the General Plan Land Use Eleinent and Culhu•al Reso�uces and Historic Preseivation Element by establishing Single Family Residential (R-1-6) wnulg in a portion of the Old Towne Historic Disti-ict that is characterized by a preponderance of single family residences that arecontnbuting resources to the Historic District. The re-wning ofthese properties supports the General Plan goals of preserving and protecting historic resources, and preserving historic neighborhood character. Additionally, the re-zoning of conunercial properiy to O-P also supports these goals by ensurmg that the nattu-e of professional office use is coir�pat�ble with the abutting neighborhood. Furthernlore, establishing coi�sistency between the General Plan and Zoning designatior�s for the af�ected properties u�lements Program I-1 of the General Plan Implementation Plan. SECTION 2-ENVIRONMENTAL REVIEW Final Program Environm.ental Impact Report (EIR) No. 1815-09 for the Comprehensive City of Orange General Plan Update was certified on March 9, 2010 and prepared in accordance with the California Environmental Quality Act (CEQA). The proposed activity is within the scope of the previously approved General Plan and is adequately descnbed in the previously certified General Plan Program EIR for the purposes of CEQA. BE IT FURTHER RESOLVED that the Planning Corrnrussion recommends that the City's Zoning Map be amended to depict the change in wning established by Zone Change 1288-18 as depicted on maps provided in Attacl�unent A. I hereby certify that the Planning Coirunission of the City of Orange adopted the foregoing resolution on June 4, 2018 by the following vote: AYES: Coirnnissioners Glasgow, Gladson, Coirea, and Willets NOES: None ABSTAIN: None ABSENT: Corrunissioner Su�son Ern st . Glasgow, Planning Comcnission Chair � ����/ ll � 2��� Date � h:1CDD�PLNGWpplications�Zone Changes�ZC 1288-18 Nuhwod TractU'C�PC Reso 19-18 finaLdocx —I J �r_— ,. . � .. '. 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M-2�SP)Q R-1-6 R-i-10 R-2-6(A) R-3(P) 5� OTMu-155(SP) -C3 M-H R-1L(A) R-7-12 R-2b(P) R3(SP)-S-H OTMU-15 � _G3 M-H R-1�fi(A) R-1-12 0.-2-fi(Pf R-3(SP)-5-H OTMU-15 GP O-P R-1-8(P) R-i-12{ q.2.5(SP) R> : SP OTMII-15(SP) ;'�GP �O-P R-1-fi(P) R-1-12�E R-]-5(Sa) R-e �SP OTMU�15(SP) ,„�-�..GR O-P(P) R-1-6(SP) R-1-15 R�2-] Rd(SP) O.C.F.C.O.-OTMU-14 C-R O-P(P) R-1�6(SP) R-:-15 R-2-] R-a(SP) O C F.C.O.-OTMU�]4 . ,-w GTR P-I R-'I-] R-t-20 R-2-B A-1 UMU -OTMU-24(SP) ,..�.: C-TR P-i R-1�) R-t-20 R-2-E �-t UMU -OTMU�]4(SP) M-1 P-I(SP) F-1�](P) R-1d0 R-3 ._,RO . NMU-24 UN20NE� M-i P-I�SP) R�1�'!(P) R-1�40 R-3 ., , R-0 "`��:NMU�34 UNZONEO G~��°P°�� Planning Comynission °'`���0�W�''.�t+ ,t; ':* �� �� Agenda Item ��.. o ������$ . June 4, 2018 � TO: Chair Glasgow and Members of the Planning Commission THRU: Anna Pehoushek� Assistant Community Development Director FROM: Kelly Ribuffo,Associate Planner SUBJECT PUBLIC HEARING: Zone Change No. 1288-18 to rezone select properties in the Nutwood Tract of the Old Towne Historic District to Single Family Residential (R-1-6) and office Professional (O-P) to establish consistency with the Low Density Residential and Neighborhood Office Professional General Plan land use designations in accordance with state law. The subj ect Zone Change addresses properties presently developed with single family residences on the 500 block of S. Orange Street and S. Grand Street between E. La Veta Avenue and E. River Avenue and a professional office at 503 S. Glassell Street. SUMMARY The City of Orange is proposing to rezone properties on the 500 block of S. Orange Street and S. Grand Street between E. La Veta Avenue and E. River Avenue from Duplex Residential (R-2-6) to Single Family Residential (R-1-6). These properties have a General Plan land use designation of Low Density Residential (2-6 units/acre) (LDR). The zoning that is consistent with the LDR designation is Single Family Residential. The property located at 503 S. Glassell Street is also proposed to be rezoned from General Business (C-2) to Office Professional (O-P). The property presently has a General Plan designation of Neighborhood Office Professional(NOP): The zoning that is consistent with the NOP designation is Office Professional (OP). Both State planning law and Program I-1 of the General Plan Implementation Plan require consistency between General Plan and zoning designations. ATTAC1i1VlENT NO.3 PC STAFF REPORT&MINiJTES DATED 6/4/18 PUBLIC HEARING ZONE CHANGE 1288-18 9/11/18 CITY COUNCIL MEETING Planning Commission Staff Report June 4, 2018 Page 2 RECOMMENDED ACTION 1) Adopt Planning Commission Resolution No. PC 19-18 entitled: A RESOLUTION OF THE PLANNING COMMISSION RECOMMENDING THE CITY COUNCIL APPROVE ZONE CHANGE NO. 1288-18 AND ADOPT AN ORDINANCE REZONING CERTAIN PROPERTIES IN THE NUTWOOD TRACT TO SINGLE FAMILY RESIDENTIAL (R-1-6) AND OFFICE PROFESSIONAL (O-P) TO ESTABLISH . CONSISTENCY WITH THE LOW DENSITY RESIDENTIAL AND NEIGHBORHOOD OFFICE PROFESSIONAL GENERAL PLAN LAND USE DESIGNATIONS IN ACCORDANCE WITH STATE LAW AUTHORIZATION/GUIDELINES , Orange Municipal Code(OMC) Section 17.10.020 requires City Council approval of amendments to the Zoning Map, and also establishes procedures by which the Planning Commission reviews such amendments and makes recommendations to the City Council., PUBLIC NOTICE On April 13, 2018 letters were mailed directly to residential property owners inviting them to participate in an informational meeting about the proposed zone change on April 25th with Planning staff at the Orange Civic Center. A second letter was mailed on April 27th inviting property owners to an additional meeting on May�10�'. On May 7, 2018 staff mailed a similar letter directly to the property owner of the office at 503 S. Glassell Street inviting the owner to discuss the proposed change through an individual meeting or phone call. • Public notice of the Planning Commission hearing on the proposed zone change was published in the Orange City News newspaper on May 24, 2018. A total of 241 notices were mailed to the owners and occupants of affected properties and owners and occupants of properties within 300 feet of.the affected properties. Notices were also posted at City Hall and Library posting locations. ENVIRONMElVTAL REVIEW Final Program Environmental Impact Report (EIR) No. 1815-09 for the Comprehensive City of Orange General Plan Update was certified on March 9, 2010 and prepared in accordance with the California Environmental Quality Act (CEQA). The proposed activity is within the scope of the previously approved General Plan and is adequately described in the previously certified General Plan Program EIR for the purposes of CEQA. Planning Commission Staff Report - June 4, 2018 Page 3. PROJECT BACKGROUND The Nutwood.Tract of the Old Towne Historic District is characterized by an assortment of property types,General Plan designations, and zoning classifications(Attachments 2 and 3). Over time,the community and City Council members have expressed a desire to bring the General Plan land use designations and associated zoning into alignment with on-the-ground conditions,and the � City's objectives to preserve the historic neighborhood character of Old Towne,particularly single family residential neighborhoods. In the Nutwood Tract, current General Plan and Zoning classifications support the development of duplex and multi-family residential properties. In August 2017, the Planning Division investigated potential re-zoning of the Nutwood Tract following City Council direction. The only block of the tract well-suited for re-zoning without the need for a General Plan Amendment is the 500 block of S. Orange Street and S. Grand Street between E. La Veta Avenue and E. River Avenue due to the fact that this block has a LDR General Plan designation and a relatively intact building stock of single family residences. However,these properties are currently zoned R-2-6 which is inconsistent with the LDR General Plan designation. In total 13 properties would be affected by the proposed R-1-6 zone change on the 500-block of S. Orange Street and S. Grand Street between E. La Veta Avenue and E. River Avenue. In addition to the residential block, the commercial property located at 503 S. Glassell Street (southeast corner of Glassell Street and LaVeta Avenue) has a General Plan Designation of NOP but C-2 zoning. The use is a low-intensity professional office that is well-suited for a converted historic residence. The C-2 zoning is inconsistent with the NOP designation, and not entirely appropriate for the existing use and historic development context. In accordance with State planning law (Government Code §65860), the City must establish consistency between the General Plan and its zoning. Furthermore, Implementation Program I-1 of the General Plan Implementation Plan calls for consistency between General Plan and zoning designations to be established. PROJECT DESCRIPTION A portion of the Nutwood Tract has conflicting General Plan land use designations that would be reconciled by the Zone Change. The City of Orange is proposing to rezone properties on the 500- block of S. Orange Street and S. Grand Street between E. La Veta Avenue and E. River Avenue from R-2-6 to R-1-6. These properties have a General Plan land use designation of LDR. The zoning that is consistent with the LDR designation is Single Family Residential (R-1). The property located at 503 S. Glassell Street is also proposed to re-zoned from C-2 to O-P. The property presently has a General Plan designation of NOP. The zoning that is consistent with the NOP designation is OP. � Planning Commission Staff Report June 4, 2018 Page 4 APPLICATION(S) REQUESTED/REQUIRED FINDINGS The request involves a Zone Change/Ordinance Amendment. Zone Change No. 1288-18 will establish� consistency between the General Plan land use designations and property zoning classifications on the subject properties. Required Findings: There are no required findings for an Ordinance Amendment or Zone Change since it is considered a legislative action. However, OMC Section 17.10.020 requires that when the Planning Commission makes a recommendation to the City Council, the Planning Commission include in its decision: 1) the reasons for the recommendation; 2)the relationship of the proposed amendment to the General Plan and applicable Specific Plans; and 3) the environmental determination. These three items are addressed in the Planning Commission Resolution. By adopting the Resolution, the Planning Commission will have complied with this Code provision. ANALYSIS/STATEMENT OF THE ISSUES Issue 1: On-the-Ground Conditions Residential Properties Of the 14 parcels located on the subj ect residential block,two are developed as duplexes according to City records. Additionally,all but two of the properties are developed with contributing historic residences. Three of the properties also participate in the Mills'Act Program. Maps depicting historic status and Mills Act contracts are provided as Attachments 4 and 5, respectively. The two properties developed with duplexes would become legal non-conforming with the change in zoning to R-1. Commercial Property The commercial_ properiy involved in the proposed Zone Change is a contributing historic residential structure converted to professional office use. The suggested change in zoning from C-2 to O-P will not affect the legal status of the use of the property. The change in zoning would bring the property into alignment with the type of low-intensity office activity that is most compatible with the abutting residential development. Thus,Zone Change No. 1288-18 establishes General Plan and Zoning consistency for the affected properties. Additionally, the proposed re-zoning of properties in the area affected by the Zone Change reflects long-standing on-the-ground conditions. There is not a development project associated with this Zone Change. Planning Commission Staff Report June 4, 2018 Page 5 Issue 2: Public Comment Staff held two property owner information sessions and mailed notices to both residential and commercial property owners prior to sending out regular notification of the Planning Commission public hearing, as described in the "Public Notice" section of this report. The meetings were intended to allow City staff to present information on how a change in zoning could affect a property and get property owner feedback on the proposal. No property owners attended the meeting on April 25th. One property owner attended the meeting on May lOth who supports the Zone Change. Staff also received phone calls from two additional property owners expressing support for the Zone Change. On May 7, 2018 staff mailed a letter directly to the property owner of the office at 503 S. Glassell Street. The letter provided information on the intent of the proposed Zone Change and offered to set up an individual meeting or phone ca11 to receive any comments or answer questions. No . response was received at the time of the publication of this staff report. ADVISORY BOARD RECOMMENDATION The proposed Zone Change was not reviewed by either the Staff Review Committee or the Design Review Committee due to the fact that it does not involve a specific development project, and implements a land use designation that was discussed extensively by the Planning Commission and City Council during General Plan development and adoption. ATTACHMENTS/EXHIBITS Attachments to Report: 1. Draft Planning Commission Resolution No. PC 19-18 1-A. Draft Ordinance Exhibit A: Existing Zoning Exhibit B: Proposed Zoning 2. Existing General Plan Map 3. Existing Zoning Map • 4. On-the-Ground Conditions Map � 5. Historic Status Map N:\CDD�PLNGWpplications�Zone Changes�ZC 1288-18 Nutwood Tract�PC�PC Staff Report_REV_dated 6.4.2018.docx ZONE CHANGE NO. 1288-18 RESOLUTION NO. PC 19-18 A RESOLUTION OF THE PLANNING COMMISSION RECOMMENDING THE CITY COUNCIL APPROVE ZONE CHANGE NO. 1288-18 AND ADOPT AN ORDINANCE REZONING CERTAIN PROPERTIES IN THE NUTWOOD TRACT TO SINGLE FAMILY RESIDENTIAL (R-1-6) AND OFFICE PROFESSIONAL (O-P) TO ESTABLISH CONSISTENCY WITH THE LOW DENSITY RESIDENTIAL AND NEIGHBORHOOD OFFICE PROFESSIONAL GENERAL PLAN LAND USE DESIGNATIONS IN ACCORDANCE WITH STATE LAW APPLICANT: CITY OF ORANGE Moved by Commissioner and seconded by Commissioner that the following resolution be adopted: WHEREAS,the City of Orange General Plan Land Use Element and associated Land Use Policy Map designates land uses in the portion of the Nutwood Tract located on the 500 block of S. Orange Street and S. Grand Street between E. La Veta Avenue and E. River Avenue (APN #390-102-01 through-14) as Low Density Residential (LDR); and WHEREAS, the City of Orange General Plan Land Use Element and associated�Land Use Policy Map establishes a land uses designation for the property located at 503 South Glassell Street , (APN #390-101-1) in the Nutwood Tract as Neighborhood Office Professional (NOP); and WHEREAS, the residential properties located on the 500 block of S. Orange Street and S. Grand Street between E. La Veta Avenue and E. River Avenue subject to Zone Change No. 1288- 18 have been zoned Duplex Residential (R-2-6), which is not consistent with the LDR General Plan land use designation; and WHEREAS,the commercial property located at 503 South Glassell Street subject to Zone Change No. 1288-18 has been zoned General Business(C-2)which is not consistent with the NOP General Plan land use designation; and WHEREAS, California Government Code §65860 requires consistency between a city's general plan and zoning; and WHEREAS, the Planning Commission, having considered the proposed Ordinance and Zone Change at a public hearing held on June 4, 2018, including review of the staff report and having received public testimony on the item,has determined the proposed amendment is justified and recommends approval thereof. TTACH�M�E�NT NO. ZC 1288-18 NUT'WOOD TRACT PLANNING COMMISSION RESOLUTION NO. 19-18 JUNE 04,2018 PC MTG. , Resolution No. PC 19-18 Page 2 of 2 NOW,THEREFORE,BE IT RESOLVED that the Planning Commission recommends the City Council approve the subject Ordinance and Zone Change, as depicted on maps included in Attachment A to this Resolution, attached hereto, based on the following findings: SECTION 1- FINDING The Zone Change implements the General Plan Land Use Element and Cultural Resources and Historic Preservation Element by establishing Single Family Residential (R-1-6) zoning in a portion of the Old Towne Historic District that is characterized by a preponderance of single family residences that are contributing resources to the Historic District. The re-zoning of these properties supports the General Plan goals of preserving and protecting historic resources, and preserving historic neighborhood character. Additionally, the re-zoning of commercial property to O-P also supports these goals by ensuring that the nature of professional office use is compatible with the abutti�g neighborhood. Furthermore, establishing consistency between the General Plan and Zoning designations for the affected properties implements Program I-1 of the General Plan ' Implementation Plan. SECTION 2-ENVIRONMENTAL REVIEW Final Program Environmental Impact Report (EIR) No. 1815-09 for the Comprehensive City of Orange General Plan Update was certified on March 9, 2010 and prepared in accordance with the California Environmental Quality Act (CEQA). The proposed activity is within the scope of the previously approved General Plan and is adequately described in the previously certified General Plan Program EIR for the purposes of CEQA. � BE IT FURTHER RESOLVED that the Planning Commission recommends that the City's Zoning Map be amended to depict the change in zoning established by Zone Change 1288-18 as depicted on maps provided in Attachment A. I hereby certify that the Planning Commission of the City of Orange adopted the foregoing resolution on June 4, 2018 by the following vote: AYES: - NOES: ABSTAIN: ABSENT: Ernest J. Glasgow, Planning Commission Chair Date N:\CDD�PLNG1Applications�Zone Changes�ZC 1288-18 Nuhvood Tract\PC1PC Reso 19-18 draft_REV.docx ORDINANCE NO. -18 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ORANGE APPROVING ZONE CHANGE REZONING CERTAIN PROPERTIES IN THE � NUTWOOD TRACT TO SINGLE FAMILY RESIDENTIAL (R-1-6) AND OFFICE PROFESSIONAL (O-P) TO ESTABLISH CONSISTENCY WITH THE LOW DENSITY RESIDENTIAL AND NEIGHBORHOOD OFFICE ` PROFESSIONAL GENERAL PLAN LAND USE DESIGNATIONS IN ACCORDANCE WITH STATE LAW ZONE CHANGE NO. 1288-18 APPLICANT: CITY OF ORANGE WHEREAS, the City of Orange General Plan Land Use Element and associated Land Use Policy Map designates land uses in the portion of the Nutwood Tract located on the 500 block of S. Orange Street and S. Grand Street between E. La Veta Avenue and E. River Avenue (APN#390-102-01 through -14) as Low Density Residential (LDR); and WHEREAS, the City of Orange General Plan Land Use Element and associated Land Use Policy Map establishes a land uses designation for the property located at 503 South Glassell Street (APN,#390-101-1) in the Nutwood Tract as Neighborhood Office Professional (NOP); and WHEREAS, the residential properties located on the 500 block of S. Orange Street and S. Grand Street between E. La Veta Avenue and E. River Avenue subject to Zone Change No. 1288-18 have been zoned Duplex Residential (R-2-6), which is not consistent with the LDR General Plan land use designation; and WHEREAS, the commercial property located at 503 South Glassell Street subject to Zone Change No. 1288-18 has been zoned General Business (C-2) which is not consistent with the NOP General Plan land use designation; and WHEREAS, California Government Code §65860 requires consistency between a city's general plan and zoning; and TTAC�i � �NT NO. 1 ZC 1288-18 NUTWOOD TRACT DRAFT ORDINANCE 1 JiJNE 04,2018 PC MTG. WHEREAS, the Planning Commission, having considered the proposed Ordinance and Zone Change at a public hearing held on June 4, 2018, including review of the staff report. and having received public testimony on the item, has determined the proposed amendment is justified and recommended approval thereof. VVHEREAS, the City Council held a duly advertised public hearing on , 2018 for the purpose of considering Zone Change No. 1288-18 as it pertains to the portion of the Nutwood Tract of the Old Towne Orange Historic District upon the properties shown in the attached Exhibit"A". NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ORANGE DOES ORDAIN AS FOLLOWS: SECTION I: The existing zoning is depicted on the map attached hereto as Exhibit "A" and incorporated herein by reference. The Orange Municipal Code is amended in order to c.hange the zoning classification by amending the zoning on the sites depicted on the map attached hereto as Exhibit"B" and incorporated herein by reference. SECTION II: The proposed zone changes described in Section I are related to the public welfare, required by California Government Code Section 65860 and consistent with Final Program Environmental Impact Report (EIR) No. 1815-09 for the Comprehensive General Plan Update, certified on March 9, 2010, and prepared in accordance with the California Environmental Quality Act (CEQA). The proposed zone changes are within the scope of the previously approved General Plan and are adequately described in the previously certified General Plan Program EIR for purposes of CEQA. SECTION III: 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 suminary 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. 2 ADOPTED this day of , 2018. Teresa E. Smith, Mayor, City of Orange ATTEST: Mary E. Murphy, City Clerk, City of Orange 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 day of , 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: Mary E. Murphy, City Clerk, City of Orange � N:1CDD�PLNG�Applications�Zone Changes�ZC 1288-18 Nutwood Tract�DraR_Ord_PC_6_4_2018.doc 3 , SL�1i��::. .'. .. .__ . ._ ' _ _.' . . . � . . .. — _ ' .__._� � __-_ i � �'..'��.i � I ' '. ' . _. F � :�� �-� _ ____ � I� I { . '; __-_ .—_ Y�in I R ~ L �,..'!�� � I ~ �- . . .... 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EXISTING ZONING NUTWOOD TRACT JUNE 04, 2018 PC MTG. EXISTING ZONING Lagend C-t M-2 G�C R-1A R�2b R-3�AJ -R-0�SP� �OTMU-155 -G2 M-2�SP) R-1L R-t-10 R�26[A� ft-J�.P) SG _OTMU-155(Sv�. -C-3 M1LH R�1b�A) R-',-1G R-26!Pi R�3�.SP1_SM OTMU-15 C-P OP R�16(P) R-t-12£ R-2b iSv'� N-J SP OTMU-15(SP'� C-R 6P�P) R-16(SP) R-�-15 R�1�] R-4!:iP�� OC.FC.D.-OTMU-2a GTR P-I R-1�) R-i-2n R-1A A-1 UMU -OTMU-24(Sf') M�1 P-IfSP) R-i-J(P) R-'.-EO R-3 �R-O '�'Y���NMU�2E UNZONED � i � -----� Y- ---- I --��-- �---- .i � , i I � i. _. � � .. �� . -, i�-- _ i --� ._I � ;— i w I;-_ �-- � � I � I Q `n , � �— � . � � � ' I � W cn I-- - � - --� w � � � � I � ¢ � Q � Q ' z i � �_ ...� J � J � i- - � —� W t_. O C7 � O - �I U I_J I ' � � ,.- , ,:: :_ I _ � r-- --� i ,� � w,r"_:;_;,I. _.. I � . _.. . ,. . � ��. ���.. .' �. �'�... � . LA VETA AVE I 525 ! N 510� 515N I � 502' S05 r> I, M i� M'T �I, rN�i o'�� �i_ � o� v - _ N � I �o,� �^ r _ . 525 522 5201 515 i M'� � I M'O `r�l o , 518, I �I 533 � 52& � ' � _ 522'� _ __ � _ 528 � 529 �� r� � r>�� , � 530 535 � c� c�, _.___..� ��p i ^ . ... _ . � �I M r. � � N N 55 545 r� r� `� `rt-.. __ _ � r�sqq 54 53 �n �n 541 � c� r> r>°r� `n o `n � � �'. RIVER AVE TOLUCA AVE o � -� -- - ��b��s Ni r> 604 609 _�- "�o�o �`1,� �"�b b � / ��� ��--- �^��� � "���`� 6117 604 -- i�— �619 � 612� 615 61�� � � � ��`�� �� � � 631 62¢ 622 62Q u~i 621 624 62Q 615 �' �� � �64 3 626 z � 629 b�8 A62� B� 6253�� ��� �� J � � �� , � ��643 � 635 637 638 636 �= �.3� �' � 63� a - � p 649 ' z 65\c �3� -�- � 655 � 642 640 Q 3�p� / � � � � � � � � � � � y � � 644 C7 - �b� � � ! � 646 � 6�5 ��' I � i _ 1='�a. � L_—, �� � I POOL BASEBALL � � FIELD �--- PICNIC AREA -- � HART PARK II� (701 S Glassell St.) :� � � EXHIBIT B �� - !C 1288-IS NUTWOOD TRAC"C PROPOSED ZONING NUTWOOD TRACT �UNE 04, 2018 PC MTG. PROPOSED ZONING Legend C-1 M-2 P�C R-1-8 R-2b R-l(A) _R-O�SP� �OTMU-1:S �C-2 M-2�SP)oR-1E R-1-10 R-26(AJ R-3(P) SG -OTMU-15S(SP� �C�3 M-M R-1$(A) R-142 R-2bfPJ R3(SP��S-H OTMU-15 C-P QO-P R-1E(P) R-1-12-E R-2biSP) R4 SP OTMU-15(SP� FR O-0(P) R-tU(SP) R-1-15 R-2-� RA(SP) OC.F.C.D.-OTMU-26 C-TR P-I R-i-] R-1-20 R-2-8 A-1 UMU _OTMU-24(SP) M-t P-I�SP) R�i�](P� R-1-4� R-J �R-O �NMI;-2E UNZONED 90 91 92 .... . . �6 ... e '6 - N g 226 223 226 22 � . µ =�.�.� _ . q � I - � '35 I 238�i � 3An �. ' �31 �� 234 � 231 23 ��i3c e�� �. �28 , I i ii.-s�lq 9 . ...r � � a�2 �4 i � o a� .24 iJ 245 242 23! 2� 5 � zes 2�3 2sz a OyT� � A� r� o 243 244 6 N 2451-9 24 � �55 25a 48 zi 2531�LDR 25 NI _ WASHWG70N . 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" 378576 371 � 373 �I � � .b� '87 �°r��� 378 375 378 374� 373375 3�6 I 3�5 374 � 375 ., . - ,_., - _,.., I 1' . i X�rJ � ° ,.us.. 3S33d5 ,.. 384 , 3a3 385� 384 . 383 G LVER AVE � d8 38G — "' ein oq ., � 393..s �p 394 I �9i,39� ry 394� 391 393"-' 39< g� � � n `o `o `* '96 ' i_ ... � CULVEk Avt - y-_ y 404 a05 N 4�6 ��� 405 409 a '� 414v ' ' 416a�1� � 413� 414. 413 41a �,q��a15 q�q q�y . o — � � ° - . . _. . .. ti'.-'a23 � � : .J� a20 .F. a2l a2a i n2t 420 'a21 423 a�8 42 ,42S '�I� . .. ..� - .. ... .. ~ 428 ,� 429 429 427 � �. �' 430 �.� a32 a30 � 429 428 q30 i � ._-._. ..L�� ��q a4I a4Q: � 436 � 43495�.� 438 I p 439 438 436 w 435 q3 436 432 d45 446 44] 445 447 f ' .,.,�,F,,., iMDF�a � �gi aa2 � aasaas � aoaaa z aa� aazaa � ��'� 4-3 C55 a�. �E pd c� 4S0 P 453 454. � 453 4�4 c� 453 455 454 452 � 460�. 459 458 461 <69 w n 460 463 460' 459 464 462 — � � 4b 46' `a 468 � 469 471 470 ' n69 � 469 471 470 L7 q �V,�1i�' 47° 464 I � � . .� . .. ep,� , G� dgJ8 476' 4774]9 480 478 4]j A q g 480 '�. 477 478 � — QT 488��5�'� . 485 484 4A7 484 481 48A � 4 493 � 492 A9g '' �� — I m � � � P W nclhAvc � � � � � � � -- LA VETA AVE � � O1 0 503 504 � N Y � � �' �' � 515� � 505 n � n ,� M � o _ ;25 �i10 SI2 i z NOP � ie ers s2z�szo ss � � C 533 �28 535 528 529 , Y<2 � � � � � noirF�ir �1 5� � 545 536 � °i �� �, ,��.��sc,�o�� � ?a, sas LMDR M � � M � � �q _, � �, =MDf�� "' � ' �' � TULAROSAAVE . s3c'.aSSEtt o e 'I bob ��. _ — cv N 552 . � �. � j�' RIV�RAVE -' .� TUWCAAV 3 5�15 60C �� `�� `��P b �' � .,-, � �G44_. � .��q 3 � GI9 . - 0l2 61� � 1 � .� 62 6 574� 63'. 622 620 621 ..; 620 6;5 �� �� � � -- 633 6 E �` 6_9 � �90 ' � A ROSEWDOOAVE � _1 �I �: Sa�6<3 636 ` 6 S E37 v-�� 36 8� 625. 34�fl \ � �o � GC 'i K; e�s ^� <_eao � 65�� ��,�no �' � � � � M --- eaa �yh LDR Q t� 620 � 4 646 ,15 � 1 � ` .Fq� . -da� - �_ I �� , � BASEBALL .. RW,qy .. i wo �p �' . . . . FIELD °n, ej� MDR ioi ,oa.z �oi �� K � r-nz - �.. :.� . , � 68� HART PFiRK � ,;,_ (701 S Glassell St) ��� � il � i '-- ��_ OS� OS �y \� `� _ � SOFTBALL FIELOS SO � � � ,, � � . - � � � '' � � _ u �\V �••� `���•���� ��� � - _ I �` '•�, �, ��,, ��,; �', ` ' `�� `' . ' � . ATTACHMENT NO. 2 L •�, �. �' —��, ��_ �� � � �� �� � �`� — 7.C1288-18:VL'TWOODTRAC"1' 130 131 EXISTING GENF.RAL PLAN MAP JUNE 04, 2018 PC MTG. � '` GENERAL PLAN � � 111 1 INCH=400 FEET MAP �� 111 Date Saved:3/29/2016 O 110 � � t � i � -- �j —�— -- �-- � �,��� � ._-� - � - cD W � -=1-- � - - — — - - � - o �� o � - -- i - - - - - - - - _. - - - - � - � -- -� -r; — — — _ . 4 - T —. --- -- _o.� 4z9 0 ;,� , . A —� — _ � � � ���CCC��� R-3 a33 �' � 1� /; m I I b 9?g � � �O. � � �� � C0 � m`'� l9 � �' q� � . \ S�'° � I i � i �� � aza(y�-��nss aaa �, � az�SP� ��� : / . � 6. 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Tw��Fartit, \.I ATTACHMENT NO.4 '/.0 1288-18 Vl"1'�ti'OOD 7RAC'I' ON-THE-GROUND CONDITIONS MAP JUNE 04,2018 PC MTG. LA ':'ETH A'iE 503 � _ �� 15s2 SUS � rcni `� I � "`�"1'�° c�.� `°�f af l fV � �N O I 525 S 10 ; 515 i c.� r� a.� cv r� S18 525 520 SI5 � ' � � o I ' � 529 i r� i M - ---� �52 � r33 m�29 �- — 536 --- -- cv r� � `r I I --- 53 I � ,. ,�!I°� t� ho. . r� � �{ I� �7 � v :--I �'i � ._� •— N �'i C7 i`7 �`� � q�"`� p� �rs _ _ O " I�.�' ____ '- II F I EF: :�.','E _-- - � P s�_ __ _ `�'_ �" 5�2 Llyl H � . � � :�- ~^ --___ __ _ � ��pT� � o � I _ � Q i i �l N � 604 , b04 __6Q� ' �? ��`�ry �,.,�b!`�' ,�b`�' � � ', 619 612 d15 b14�� � � I � 639 b22 b20� 1.� 521 b24 b20 ` �� 1 � �- 615 �� Q. I b33 b2b -� 'S29 628 A,B 33� = '�� , __ _. _ ; �i 641 b � � � _ d25 3b I • � 636 �. b�� e37 638 63b '", - 3- $ , .� �� -"S - 33._ - -�--- ` , " � b55 � �544 I d42 b40 i ' �- . 3Ap ' � Y - � � , _- � , (s�d , -�� , 64b � �� b�5_ �� � b =_- � __- i 701 �� �_ _ _ - N =CONTRIBUTING HISTORIC RESOURCE YELLOW=NON-CONTRIBUTING RESOURCE W � E � =MILLS ACT CONTRACT � Q = STONE MONUMENT ATTACHMENT NO.5 ZC 1288-18 VC�1'WOOD TRAC'I' HISTORIC STATUS MAP JUNE 04,2018 PC MTC. Planning Commission June 4, 2018 � 3. NEW HEARING: 3.1 ZONE CHANGE NO. 1288-18 NUTWOOD TRACT The City of Orange is proposing to rezone properties on the 500 block of S. Orange Street and S. Grand Street beriveen E.La Veta Avenue and E.River Avenue from Duplex Residential(R-2-6) to Single Family Residential(R-1-6). These properties have a General Plan land use designation of Low Density Residential (2-6 units/acre)(LDR). The zoning that is consistent with the LDR designation is Single Family Residential. The property located at 503 S. Glassell Street is also proposed to be rezoned from General Business(C-2)to Office Professional(O-P). The property presently has a General Plan designation of Neighborhood Office Professional (NOP). The zoning that is consistent with the NOP designation is Office Professional (OP). Both State planning law and Program I-1 of the General Plan Implementation Plan require consistency between General Plan and zoning designations. LOCATION: NUTWOOD TRACT-503 S. GLASSELL& 500 BLOCK OF S. ORANGE STREET AND S. GRAND STREET BETWEEN E. LA VETA AVENUE AND E. RIVER AVENUE NOTE: Final Program Environmental Impact Report(EIR)No. 1815-09 for the Comprehensive City of Orange General Plan Update was certified on March 9, 2010 and prepared in accordance with the California Environmental Quality Act(CEQA). The proposed activity is within the scope of the previously approved General Plan and is adequately described in the previously certified General Plan Program EIR for the purposes of CEQA. RECOMMENDED ACTION: Adopt Planning Commission Resolution No.PC 19-18 a Resolution of the Planning Commission recommending the City Council approve Zone Change No. 1288-18 and adopt an ordinance rezoning certain properties in the Nutwood Tract to single family residential (R-1-6) and office professional (O-P) to establish consistency with the low density residential and neighborhood office professional general plan land use designations in accordance with state law. Kelly Ribuffo,Associate Planner provided an explanation of the project consistent with the staff report and noted that the proposal was brought forth at the request of the City Council in order to bring the Nutwood Tract zoning into conformance with General Plan designations in order to implement the General Plan,and as required by State law. Gary Sheatz, Senior Assistant City Attorney stated that oftentimes inconsistencies in other areas of the city are addressed when people come in with a development project. Before they can proceed,as part of the development process, a zone change is necessary. This tract was identified by City Council and they directed staff to make it consistent per State law. Commissioner Gladson noted the distinctive character and features of the Nutwood Tract and asked staff to provide a review of its history and significance within Old Towne. Ms. Ribuffo provided a history of the tract that was developed in the early 20th century. She stated the historic stone monuments that mark the entrances to the neighborhood are part of the neighborhood's character and ties it to Hart Park. 3 Planning Commission June 4, 2018 I Commissioner Willits asked whether the zone change affect the historic district boundary or Mills Act program. In response,Kelly Ribuffo stated the zone change will not have a direct impact on the Mills Act Program,nor will the zone change affect the historic designations or its boundaries. Chair Glasgow opened the public hearing. Dan Slater; Jeff Frankel, representative for the Old Towne Preservation Association; Tony Trabuco of the 400 block S. Orange; and Lorna Deshane of 205 and 215 E.River,all spoke in support of the zone change and would like to see the remainder of the Nutwood tract rezoned to R-1. Mr. Slater also suggested that rezoning be pursued in the Cypress Barrio neighborhood. John Aust and Kitty Juniper Aust, 225 E. River, spoke in opposition of the change and feel they were targeted because of the large size of their property. They feel that the zone change would cause a decrease in property values.They also believe that properties with multiple units have not been captured in the records. Bonnie Byrom, 552 S. Grand,also spoke in opposition of the zone change. Her property has multiple units and is shown as having only one in City records, and she agreed that proper records on the homes were needed. She wants to maintain her right to rent her home. Chair Glasgow closed the public hearing. Commissioner Willits asked for clarification about why the number of units on properties conflicts with the information presented in the staff report. He expressed concern about impacting property owners. Ms. Ribuffo clarified that when staff conducted their initial assessment of the tract,they looked at the number of units on the property, square footage that was noted in the assessor records, addresses that are reflected in City records, and past and recent building permits. Staff would be happy to receive information from anyone who has more details on the properties because they are limited to their records. Commissioner Willits asked if the units mentioned in the public comment are legal nonconforming. Mr. Sheatz, stated to be legal nonconforming, the City would need to determine that the units were legal when built;therefore, staff need to determine when it was built. Commissioner Correa asked staff why they are not making the zone change to all of the properties in the Nutwood tract. , Ms. Ribuffo stated the 13 properties that have been identified as part of the zone change are being addressed now because only a zone change is required in order to bring consistency between the General Plan designation and the zoning.This particular zone change was coming at the request of the Council to address what can be changed more easily now,without having to go through an 8 to 12 month General Plan Amendment process. Commissioner Gladson asked whether staff could identify the parcels that would become legal non-conforming, and clarified that she did not intend for possible illegal units to be investigated. In response to Commissioner Gladson's question,Ms.RibufFo stated that based on City records available to staff, those properties were illegal multi-family units and nobody is compelled to remove anything. Ms.Pehoushek added that even if there are illegal units, staff will not actively go out and look for them. Commissioners Correa, Gladson, Willits and Glasgow stated they support the zone change and noted that they wished the entire tract could be addressed at one time. A motion was made to adopt Planning Commission Resolution No. PC 19-18 titled a Resolution of the Planning Commission recommending the City Council approve Zone Change No. 1288-18 and adopt an 4 Planning Commission June 4, 2018 I ordinance rezoning certain properties in the Nutwood Tract to single family residential (R-1-6) and office professional (O-P) to establish consistency with the Low Density Residential and Neighborhood Office Professional General Plan land use designations in accordance with state law. MOTION: Commissioner Correa SECOND: Commissioner Gladson AYES: Commissioners Glasgow, Gladson,Correa and Willits NOES: None ABSENT: Commissioner Simpson ABSTAIN: None MOTION CARRIED. Recess taken 9:40-9:50 5 � Kelly Ribuffo From: Juniper, Kathleen A. <kjuniper@buchalter.com> Sent: Monday,June 4, 2018 5:42 PM To: Anna Pehoushek; Kelly Ribuffo; Bill Crouch; Rick Otto Cc: 'John Aust (johnaust50@gmail.com)' Subject: Letter in Opposition to Nutwood Track Change in Zoning Attachments: Let Planning Comm 6.4.18.PDF Hi to all, Here is a copy of the letter we will bring to tonight's meeting for the Planning Commission's consideration. Thanks for your outreach and information. Cheers, Kitty Juniper-Aust 225 E. River Ave. Orange, CA 92866 Notice To Recipient: This e-mail is meant for only the intended recipient of the transmission, and may be a communication privileged by law. If you received this e-mail in error, any review, use, dissemination, distribution, or copying of this e-mail is strictly prohibited. Please notify us immediately of the error by return e-mail and please delete this message and any and all duplicates of this message from your system. Thank you in advance for your cooperation. For additional policies governing this e-mail, please see http:l/www.buchalter.com/about/firm-policies/. ATTACFIMENT NO.4 COMMENT LETTER JOHN AUST DATED 6/4/1•8 PUBLIC HEARING 1 ZONE CHANGE 1288-18 9/11/18 CITY COUNCIL MEETING John Aust Kitty Juniper-Aust 225 E.River Avenue Orange, CA 92866 June 4, 2018 City of Orange Planning Commission City of Orange Re: Zone Change No. 1288-18 Nutwood Track; 500 Block of S. Grand Street Dear Commissioners: We are the owners of the property located at 225 E.River Avenue. We agree that preserving Orange's historic character is of upmost importance to the community. However,we disagree with the proposed zoning change of the 500 Block of S. Grand Street("Proposed Zoning") from Duplex Residential (R-2-6)to Single Family Residential (R-1-6), for the following reasons: 1. The zoning change would disproportionately affect our use of our property,unlike the other owners within the Proposed Zoning,Area. Our home at 225 E. River Avenue is the only double-lot parcel within the block,with a unique configuration, on which is located what is thought to be the oldest sycamore tree in Orange. The City of Orange has an easement for maintenance of the tree. The house on our property is configured so that the front of the house runs horizontally across two lots in a manner that most likely will not allow for splitting the property into two separate lots (we have not verified this). However,we currently have room at the back of the property that allows us to establish a separate unit in accordance with the current historic design of the house. Our intent has been to build an 800-1000 square foot dwelling in which we may live when we are retired. The Proposed Zoning would lunit the number of square feet that we could build to 640 square feet. 2. The Proposed Zoning is inconsistent with the properties surrounding our lot. Within the Proposed Zoning,beside us to the east is a three-unit property with units over 800 square feet, and to our west is a two-unit property with a 600 square feet second unit. Directly across the street from us outside of the Proposed Zoning to our south is a two unit property.� 1 These units most likely were established prior to the City permitting process and may not show on the records. They will be additional non-conforming properties,however. City of Orange Planning Commission June 4,2018 Page 1 of 2 � The multiple units in the southwest corner on La Veta and Grand were carved out of the Proposed Zoning because they have two units. We, who have waited to add dwelling space,will unfairly be precluded by the City from also adding a property allowable under the R-2 designation. 3. The Proposed Zoning is based on incomplete information. As discussed above, the information about the homes in the Proposed Zoning area,which is contained in the Memorandum of August 23,2017 to City Manager Rick Otto,is incorrect. Sine of the properties marked as single-family residences have additional units that are larger than ADUs and therefore, they too will be non-conforming causing a diminution in value to those property owners. 4. We feel that we have been targeted in that our property appears to be the only property that the Proposed Zoning will affect with regard to adding a dwelling unit. It appears that there is only one other home in the area that does not already have an additional unit that might be able to fit the proposed parameters. The other property(#222) is configured in a manner that would still allow the property owner to build a larger dwelling on the property while maintaining the current home as an ADU, 5. The Proposed Zoning will result in a diminution of value of our property. One of � the selling points of the property was and is the R-2 zoning designation and the double lot. The City of Orange will be reducing our property value with the Proposed Zoning. We respectfully urge the Planning Commission to take these and other factors into account and vote to recommend against accepting the Proposed Zoning. Since ely, , ohn u t Kitty J niper-Aust 1 CITY COUNCIL MINUTES SEPTEMBER 11, 2018 (ITEM REORDERED AND HEARD BEFORE PUBLIC COMMENTS) 11 PUBLIC HEARINGS 11.1 Nutwood Tract Zone Change No. 1288-18. (Z1500.0) NOTE: STAFF RECOMMENDS ITEM NO. 11.1 BE CONTINUED TO THE OCTOBER 9,2018, CITY COUNCIL MEETING. Time set for a public hearing to consider Zone Change No. 1288-18 to rezone select properties in the Nutwood Tract to Single Family Residential (R-1-6) and Office Professional (OP) to establish consistency with the Low Density Residential and Neighborhood Office Professional General Plan land use designations in accordance with state law. The subject Zone Change addresses certain properties presently developed with single-family residences on the 500-block of S. Orange Street and S. Grand Street between E. La Veta Avenue and E.River Avenue and a professional office at 503 S. Glassell Street. MOTION —Murphy SECOND —Alvarez AYES —Alvarez, Whitaker, Smith, Murphy,Nichols Moved to continue Item 11.1 to the October 9, 2018, City Council meeting. 12. ADJOURNMENT—The Council adjourned at 8:27 p.m. The next Regular City Council Meeting will be held on Tuesday, October 9, 2018, at 6:00 p.m. in the Council Chamber, with Closed Session beginning at 5:00 p.m. if necessary. a I J > ' �" � R ERT ZORNADO TERESA E. SMITH CHIEF CLERK MAYOR PAGE 10