RES-9778 General Plan Amendment Approval Fieldstone CommunitiesRESOLUTION NO. 9778
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ORANGE APPROVING A GENERAL PLA.~ AMENDMENT TO
REDESIGNATE APPROXIMATELY 110 ACRES OF
PROPERTY LOCATED SOUTH OF MABURY AVENUE,
NORTH OF SANTIAGO CANYON ROAD AND WEST OF THE
RESIDENTIAL DEVELOPMENT KNOWN AS "THE
RESERVE". THE PROPERTY'S GENERAL PLAN
DESIGNATION CURRENTLY CONSISTS OF
APPROXIMATELY 16 ACRES OF OPEN SPACE, 16 ACRES
OF LOW DENSITY RESIDENTIAL AND 78 ACRES OF
RESOURCE AREA. THE PROPERTY WILL BE
REDESIGNATED BY THIS RESOLUTION TO
APPROXIMATELY 44 ACRES OF OPEN SPACE AND PUBLIC
PARK AND 66 ACRES OF LOW DENSITY RESIDENTIAL.
THIS GENERAL PLAN AMENDMENT WILL REMOVE THAT
PORTION OF THE PROPERTY LOCATED NORTH OF
SANTIAGO CANYON ROAD, EAST OF CANNON STREET,
SOUTH OF SANTIAGO CREEK AND WEST OF THE STUDY
AREA BOUNDARIES OF THE EAST ORANGE GENERAL
PLAN FROM THE EAST ORANGE GENERAL PLAN AND
REMOVE THAT PORTION OF THE PROPERTY LOCATED
NORTH OF SANTIAGO CANYON ROAD, SOUTH OF
SANTIAGO CREEK, WEST OF "THE RESERVE" AND
SANTIAGO OAKS REGIONAL PARK, AND EAST OF THE
STUDY AREA BOUNDAIDES OF THE ORANGE PARK
ACRES SPECIFIC PLAN FROM THE ORANGE PARK ACRES
SPECIFIC PLAN.
GENERAL PLAN AMENDMENT NO. 1-
01 APPLICANT: FIELDSTONE COMMUNITIES,
INC.WHEREAS, the City Council has the authority per Government Code Section
65350 et seq., to amend the City's General Plan when it finds it to be in the public interest;
and WHEREAS, Fieldstone Communities has filed an application with the
City requesting an amendment of the Land Use Element of the General Plan to
re-designate approximately 110 acres of property which currently is designated Low
Density Residential app, 16 acres), Open Space (16 acres) and Resource Area (app, 78 acres) as
is more specifically shown on Exhibit
A; and WHEREAS, General Plan Amendment No. 1-01 would amend
the Land Use Element of the General Plan for the II a-acre site to approximately 36
acres of Open Space,eight acres of Open Space-Public Park and 66 acres of Low
Density Residential as is more specifically
shownon Exhibit B; and
WHEREAS, the application for the General Plan Amendment was filed together with
other applications to permit the development of the !lO-acre site with, among
other components, single family residential uses, a public park, recreational multi-use
trails, open space' in and along Santiago Creek and a private equestrian facility (hereafter,
the
Project);and WHEREAS, the Planning Commission reviewed the requested
General Plan amendment in accordance with Government Code Section 65353, voting 2-
2 which under City law constitutes
a denial; and WHEREAS, an appeal of the Planning Commission decision was
timely filed by
Fieldstone Communities; and WHEREAS, the City Council held three duly advertised public hearings
on July 22,2003, August 12, 2003, and September 9, 2003, for the purpose of
considering, among other things, General Plan Amendment No, 1-01, an amendment to the Land
Use Element of the Gem:ral Plan upon the property described in
Exhibits A and B.WHEREAS, portions of the property have in the past been used
for the mining of sand and gravel and have been designated as an, area of
regional significance, for mining purposes under the Surface Mining and Reclamation Act
of 1975 (SMARA); and WHEREAS, SMARA requires that if an area is designated as
an, area of regional significance, for the mining of minerals that prior to permitting a
use which would threaten the potential to extract minerals in that area, the City must prepare
a statement specifying its reasons for permitting
the proposed use; and WHEREAS, in compliance with the California
Environmental Quality Act (CEQA)and State CEQA Guidelines the City has prepared Final EIR
No. 1647-00 (hereafter, the FEII~) to evaluate the potential adverse environmental effects of
the Project and
General Plan Amendment 1-01; and WHEREAS, by Resolution No, 9776, the
City Council certified Final EIR No.1647-00
at a legally noticed public hearing; and WHEREAS, by Resolution No. 9777, the
City Council adopted "Findings of Fact in Support of Findings and
Statement of Overriding Considerations" (hereafter "Statement of Overriding Considerations") and
a Mitigation Monitoring Program in accordance with Sections 21081, 21081.6 and 21091.6
of the California Environmental Quality Act (CEQA)and Sections 15091 and 15093(a) of
the CEQA Guidelines, which documents analyze the potential environmental impacts of the
Project and mitigations measures
to be implemented to lessen
NOW THEREFORE, BE IT RESOLVED that the City Council of the City of
Orange makes the following findings:
1, That Final EIR No. 1647-00 (hereafter, the FEIR) was considered prior
to approval of General Plan Amendment 1-01 and the Project and determined
to adequately address all potential adverse environmental impacts of the proposed project and
meets all CEQA and
City requirements,2, That findings have been adopted as set forth in Section 21081 of
CEQA and Section 15091 of the CEQA Guidelines with respect to each significant
environmental effect identified in the FEIR and each alternative considered in the FEIR and the explanation
of the City Council's reasoning with respect to each such finding is set forth in the
Statement of Overriding Considerations and incorporated herein by reference as though full
set
forth herein.3. That the unavoidable significant environmental effects of
General Plan Amendment 1-01 that have not been reduced to a level of
insignificance have been substantially lessened in their severity by the imposition of the mitigation
measures, and that the remaining unavoidable significant impacts are clearly outweighed
by the economic,social, and other benefits of the Project as is more n.llly set forth in
the Statement of Overriding Considerations, which is incorporated herein by reference as though
fully
set forth herein.4, That it approves the amendment of the Land Use Element of the
City's General Plan to redesignate the subject property in accordance with the map attached
as Exhibit B which d(:
signations consist of:Approximately 36 acres
of Open Space.Approximately eight acres of
Open Space-Public Park,Approximately 66 acres
of Low Density Residential.5. That the area shown in the map attached as Exhibit C is
removed from the
East Orange General Plan,6. That the area shown in the map attached as Exhibit D is
removed from the Orange
Park Acres Specific Plan.That the amendments to the Land Use Element of the
General Plan, the Orange Park Acres Specific Plan and East Orange General Plan are in the public
interest due to the fact, among other things, that the Project will result in: (1) an increase in
the amount of open space including approximately 36 acres of open space and
multi-use trails along Santiago Creek; (2) a six-acre public park with funding for $2,1
million in park improvements; (3) a two-acre equestrian facility on the site; (4) the
remediation of a former sand and gravel extraction site; (5) erosion protection
improvements to Santiago Creek, along with restoration of the S,mtiago Creek habitat; (6) a 7.6-acre
dedication of off-site property
Acres Community of an equestrian facility; (7) the development of uses more compatible
with the surrounding area and the eventual elimination of existing incompatible uses,
including a rock crushing operation that has drawn complaints for noise and dust from
adjoining residents; and (8) other public benefits as more specifically set forth in the
Statement of Overriding Considerations, which has been incorporated herein by reference.
8, That the City Council considered the long-term land use for the Project site,
the potential range of land uses allowed under the requested Open Space, Open Space-
Park and Low Density Residential designations, any conflicts with existing and potential
land uses bordering the Project site, the viability of the site to be developed for open
space, trails,public parks and residential, and impacts on other local and
regional plans.9. That while General Plan Amendment 1-01 would permit land
uses which would eliminate the potential for future mineral extraction and mining on the
property, mining on the site has become commercially inleasible. The City's
mineral resource management policies (Orange MunicipalCode Section 17.32) pennit the City to consider a
change in land use once the mining use ends so that the property can be put to other
uses, Based upon information in the Administrative Record, mining on the property ceased because
it is no longer commercially feasible and therefore amendment of the General Plan will
not result in a loss of important minerals to the market region as a whole and would
not conflict with SMARA as is more fully set forth in the adopted Statement of
Overriding Considerations and incorporated
herein by reference.ADOPTED this 14th day
of
October, 2003.ATTEST:Reso No.
I, CASSANDRA J, CATHCART, 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 14th day of October,
2003, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
COUNCIL MEMBERS: Alvarez, Murphy, Coontz
COUNCIL MEMBERS: Ambriz, Cavecche
COUNCIL MEMBERS: None
COUNCIL MEMBERS: None
Reso No. 9778 5 DAD
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