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RES-10538 Mitigated Negative Declaration ApprovalRESOLUTION NO. 10538 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ORANGE APPROVING AND ADOPTING MITIGATED NEGATIVE DECLARATION NO. 1824- 10 AND GENERAL PLAN AMENDMENT NO. 2010- 0002 RECLASSIFYING PROPERTY FROM LOW MEDIUM RESIDENTIAL 6 -15 DU /AC (LMDR) TO MEDIUM DENSITY RESIDENTIAL 15 -24 DU /AC MDR) UPON PROPERTY LOCATED AT 1820 EAST MEATS AVENUE. APPLICANT: ORANGE HOUSING DEVELOPMENT CORPORATION AND C &C DEVELOPMENT WHEREAS, General Plan Amendment No. 2010 -0002 and related Zone Change No. 1257 -10 were filed by Orange Housing Development Corporation and C &C Development in accordance with the provisions of the City of Orange Municipal Code; and WHEREAS, General Plan Amendment No. 2010 -0002 and related Zone Change No. 1257 -10 were processed in the time and manner prescribed by state and local law; and WHEREAS, the land proposed for the General Plan Amendment and related Zone Change is required for the construction of 63 housing units, of which 62 units are designated as either low or very low income housing; and WHEREAS, the City Council conducted a duly advertised public hearing on March 8, 2011, for the purpose of considering Mitigated Negative Declaration No. 1824 -10, General Plan Amendment No. 2010 -0002 and related Zone Change No. 1257 -10 upon property located at 1120 North Lemon Street. NOW, THEREFORE, BE IT RESOLVED that the City Council hereby approves and adopts Mitigated Negative Declaration No. 1824 -10 and General Plan Amendment No. 2010- 0002 to change the General Plan land use designation from Low Medium Residential 6 -15 du/ac (LMDR) to Medium Density Residential 15 -24 du /ac (MDR), in association with and related to Ordinance No. 07 -11 to re -zone the property as Residential Multiple Family (R -3), to allow for the construction of 63 housing units, based on the following findings: SECTION 1 — FINDINGS 1. The applicant is requesting a General Plan Amendment to change the land use designation on a significant portion of the site from Low Medium Residential 6 -15 du/ac (LMDR) to Medium Density Residential 15 -24 du /ac (MDR). The change in land use would allow multi - family residential buildings to be constructed on -site consistent with the land use designation. There are currently multi - family dwellings in the vicinity under the same land use designation hence the proposed use will be equivalent. The proposed General Plan land use change would not affect the surrounding uses. The proposed project supports the goals of the existing General Plan Housing Element and Land Use Element by encouraging the construction of affordable housing for different income levels and energy conservation in residential construction. The project also promotes fair housing opportunities. An itemized list of consistency with General Plan goals and policies is contained in Table 27 of Mitigated Negative Declaration 1824 -10, beginning on page 162. 2. The project facilitates the development of a housing project that furthers the affordable housing goals of the City of Orange by providing 63 units as affordable to low and very low income households. 3. The land use changes support the implementation of the City's Current Housing Element which indicates the City will continue to encourage and assist in the provision of housing affordable to lower and moderate income households. 4. The proposed General Plan Land Use designation of Medium Density Residential and related Zoning of R -3 are consistent with the land uses east and south of the project site. 5. 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. 6. The project will not have a significant adverse impact on traffic volumes and road capacities, school enrollment, or recreational resources. 7. There is no evidence before the City Council of the City of Orange that the proposed General Plan Amendment No. 2010 -0002 and related Zone Change No. 1257 -10, will have any potential for adverse effects, either individually or cumulatively, on wildlife resources or the habitat upon which the wildlife depends. Therefore, the proposed development will not have an effect on fish and wildlife. 8. The City Council of the City of Orange has made required findings pursuant to CEQA as set forth in Section 2 below. 9. The data and analysis upon which these findings of fact are based, including those in Section 2 of this Resolution, are set forth in the staff report for Mitigated Negative Declaration No. 1824 -10, General Plan Amendment No. 2010 -0002, and associated with and related to Ordinance No. 07 -11 for Zone Change No. 1257 -11, staff's oral presentation, public testimony, the Planning Commission record and City Council comments which constitute the City Council's review of this application. SECTION 2 — ENVIRONMENTAL REVIEW 1. Mitigated Negative Declaration No. 1824 -10 was prepared for General Plan Amendment No. 2010 -0002 and associated with and related to Ordinance No. 07- 2 11 for Zone Change No. 1257 -10, in compliance with the California Environmental Quality Act and associated Guidelines. 2. The City Council finds that Mitigated Negative Declaration No. 1824 -10 contains an adequate assessment of the potential environmental impacts of General Plan Amendment No. 2010 -0002 and related Zone Change No. 1257 -10. Based on substantial evidence contained in the record, the City Council finds that all potentially significant adverse environmental impacts can be mitigated to a level of insignificance and that the project will have no effect on fish and wildlife. Therefore, the City Council hereby approves and adopts Mitigated Negative Declaration No. 1824 -10. ADOPTED this 8 day of March, 2011. ATTEST: Mary E. 1V1, City Clerk, Ci o1Drange I, MARY E. MURPHY, City Clerk of the City of Orange, California, do hereby certify that the foregoing Resolution was duly and regularly adopted by the City Council of the City of Orange at a regular meeting thereof held on the 8 day of March, 2011, by the following vote: AYES: COUNCILMEMBERS: Whitaker, Smith, Cavecche, Dumitru NOES: COUNCILMEMBERS: Bilodeau ABSENT: COUNCILMEMBERS: None ABSTAIN: COUNCILMEMBERS: None Mary E. , City Clerk, Cit o ange 3