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RES-9556 Denying Appeal No. 484RESOLUTION NO. 9556 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ORANGE DENYING APPEAL NO. 484 AND ADOPTING THE RECOMMENDATION OF THE PLANNING COMMISSION TO DENY ZONE CHANGE 1210-01 TO AMEND THE BOUNDARY OF THE CHAPMAN UNIVERSITY SPECIFIC PLAN TO INCLUDE THREE PARCELS LOCATED AT 415 EAST WALNUT AVENUE, 526 AND 534 NORTH SHAFFER STREET.Appeal No. 484 Appellant: Chapman University RECITALS:WHEREAS, Zone Change 1210-01 was filed by Chapman University in accordance with the provisions of the City of Orange Municipal Code; and WHEREAS, Zone Change 1210-01 requested that the boundary of the Chapman University Specific Plan be amended to include three properties (" subject properties") which would have been rezoned from Duplex Residential to Public Institution-Specific Plan; and VHEREAS, the subject properties are commonly known as 415 E. WaInut Avenue,526 N. Shaffer Street, and 534 N, Shaffer Street, Orange, and more particularly described as follows: 534 NORTH SHAFFER STREET PARCEL I, AS SHOWN ON A MAP RECORDED IN BOOK 97,PAGE 20 OF PARCEL MAPS IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA, 526 NORTH SHAFFER STREET THE SOUTH 53 FEET OF THE EAST 140 FEET OF LOT 4 OF WILLIAM E, PARKER SUBDIVISION OF THE SOUTHEAST QUARTER OF LOT 5 IN BLOCK "E" OF THE A.B. CHAPMAN TRACT, IN THE CITY OF ORANGE, AS SHOWN ON A MAP THEREOF RECORDED IN BOOK 4, PAGE 17, MISCELLANEOUS MAPS.EXCEPTING THE 415 EAST WALNUT AVENUE LOT 9 OF WILLIAM M. FARIES SUBDIVISION, AS SHOWN ON A MAP THEREOF RECORDED IN BOOK 4, PAGE 47, MISCELLANEOUS MAPS, RECORDS OF SAID ORANGE COUNTY; ALSO THE SOUTH 12 FEET OF THE 14 FOOT ALLEY ADJOINING SAID LOT 9 ON THE NORTH, AND ALLEY HAVING BEEN CLOSED AND ABANDONED ON FEBRUARY 3, 1925 BY ORDER OF THE BOARD OF TRUSTEES OF THE CITY OF ORANGE, A CERTIFIED COPY OF SAID ORDER BEING RECORDED MAY 12, 1925, IN BOOK 26, PAGE 145, MISCELLANEOUS RECORDS OF SAID ORANGE COUNTY. ADDRESSED 4629 E. WALNUT AVENUE. SOUTHERLY 235 FEET OF THE EASTERLY 166 FEET OF THE SOUTH 4 ACRES OF THE WESTERLY Y, OF LOT 13, BLOCK "B" MR 3/430-431 LA- CO. and;WHEREAS, on October 15, 2001, the Planning Commission held one duly advertised public hearing to consider Zone Change 1210-01 and at the conclusion of said hearing adopted Resolution No. PC 33-01, recommending that the City Council deny Zone Change No. 1210-01, based on certain findings; and WHEREAS, Appeal No. 484 was timely filed by the appellant, Chapman University;and WHEREAS, the City Council heard the appeal of appellant by conducting a public hearing on November 27,2001; and WHEREAS, at said public hearing, the City Council heard testimony of appellant,members of the public, and considered all documentary evidence presented.NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Orange that, based upon the substantial evidence presented, Appeal No. 484 requesting approval of Zone Change No. 1210-01 from Duplex Residential to Public Institution-Specific Plan for properties located adjacent to the Chapman University Specific Plan boundary is hereby denied based on the following:1. The proposed Zone Change is inconsistent with Amendment Procedures stipulated in the Chapman University Specific Plan in that the subject parcels to be brought into the Specific Plan are not a contiguous block of properties along a single street frontage. 2. Due to the relationship ofthe subject properties to the existing Specific Plan boundary and surrounding properties not owned by the University, a Zone Change from Duplex Residential to Public Institution Specific Plan would result in a condition where three lots within the same block remain outside of the Specific Plan boundary. The proposed change creates an unacceptable condition for the adjacent properties at 427 East WaInut Avenue, 429 East WaInut Avenue, 502 North Shaffer Street, 516 North Shaffer Street, 542 North Shaffer Street, and 544 North Shaffer Street, which are properties not proposed to be included in the Specific Plan at this time. 3. The permitted land uses associated with the Specific Plan re-zoning, including dormitories, fraternities/sororities, recreation facilities, parking facilities, and related a'~cessory uses, would not be compatible with single story non- University residential properties in the 400 block of East WaInut Avenue and 500 block of North Shaffer Street.4. Approval of a Zone Change for the subject three parcels would be inconsistent with past City actions and practices related to boundary amendments for the Chapman University Specific Plan in that three residential parcels in the contiguous block would rernain outside of the Specific Plan boundary. Past boundary amendments have been allowed for contiguous blocks of property per page 4- 5 the Chapman University Specific Plan, Amendment Procedures.5. The proposed Zone Change does not provide a land use plan that respects the adjacent llmd uses and contributes to the overall quality and revitalization of the adjacent neighborhoods. Further, the changes to building height and setbacks associated with the Zone Change would allow building heights in excess of those permitted in the Duplex Residential zone that could be detrimental to the existing neighborhood character.6. The proposed Zone Change from Duplex Residential (R2-6) to Public Institution -Specific Plan (PI-SP) is intended to provide for implementation of certain long-term objectives of the Chapman University Specific Plan; however, the plans are not known at this time, There could be the potential for adverse effects either individually or cumulatively on the neighborhood and future changes to these properties could require additional environmental review.7. The proposed Zone Change is inconsistent with land use policies of the Chapman University Specific Plan related to preserving the integrity of residential neighborhoods, coordination of future development, and land use compatibility in interfacing areas between residential and non-residential ADOPTED the 8th day of January, 2002. ATTEST: G".I~./~~4<A/~ Cassandra J, Calli , City Clerk, City of Orange I 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 8th day of January, 2002, by the following vote: AYES: COUNCILMEMBERS: SLATER, MURPHY, COONTZ, CAVECCHE NOES: COUNCILMEMBERS: ALVAREZ ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE Reso No. 9556 4 GAS