TRANSFER OF DEVELOPMENT RIGHTS
ORDINANCE
RESOLUTION NO. PC 11-24
A RESOLUTION OF THE PLANNING COMMISSION
RECOMMENDING THE CITY COUNCIL APPROVE AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ORANGE AMENDING CHAPTER 17.44 OF THE ORANGE
MUNICIPAL CODE ADDING A NEW SECTION 17.44.210
TO ESTABLISH A MECHANISM FOR THE TRANSFER
OF DEVELOPMENT RIGHTS … то CREATE
OPPORTUNITIES FOR HOUSING, OPEN SPACE, AND
TRAILS
APPLICANT: CITY OF ORANGE
WHEREAS, as a largely built-out community with constrained resources, Orange has limited opportunities to bring forward new parks, trails, and housing to address a long-standing community parkland deficiency, interest in recreational trails, and housing needs identified by the State of California; and
WHEREAS, the General Plan Land Use, Circulation and Mobility, Natural Resources, Economic Development, and Housing Elements include goals, policies, and narratives that express the high priority the community places on the protection and creation of open space and trails, and meeting the housing needs of the community and local business employment base; and WHEREAS, the subject Transfer of Development Rights Ordinance provides the city with a mechanism to achieve the goals and policies of the General Plan Land Use, Housing, Natural Resources, Circulation and Mobility, and Economic Development Elements, and implement General Plan Implementation Program I-5 and Housing Element Policy Action 2E which identify a transfer of development rights ordinance as a mechanism for purposes of creating opportunities for housing and open space in portions of the city with Urban Mixed Use zoning; and
WHEREAS, the Planning Commission, having considered the proposed Ordinance at a public hearing held on May 6, 2024, 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.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission recommends the City Council approve the subject Ordinance included as Attachment A to this Resolution, attached hereto, based on the following findings:
Resolution No. PC 11-24
SECTION 1- FINDINGS
1. The Transfer of Development Rights Ordinance implements General Plan Implementation Program I-5 and Housing Element Policy Action Item 2E by providing a mechanism for the creation of new parks, trails, and housing to address a long-standing community parkland deficiency, interest in recreational trails, and housing needs identified by the State of California. The General Plan Land Use, Circulation and Mobility, Natural Resources, Economic Development, and Housing Elements include goals, policies, and narratives that express the high priority the community places on the protection and creation of open space and trails, and meeting the housing needs of the community and local business employment base.
2. The subject Ordinance supports the development of housing and open space in areas of the city that have concentrations of employment and transit, and are presently urbanized with limited parkland, and also supports the protection of undeveloped privately owned property adjacent to Santiago Creek which provides ecological and recreational benefits to the community in support of the goals and policies of the General Plan Natural Resources Element.
SECTION 2-ENVIRONMENTAL REVIEW
The subject Ordinance is exempt from the California Environmental Quality Act (CEQA) pursuant to, but not limited to, State CEQA Guidelines Section 15308 (Actions by Regulatory Agencies for Protection of the Environment) because it establishes a mechanism that relieves development pressure on privately owned property designated for open space and residential development. For this reason, no further CEQA documentation is required.
ADOPTED this 6* day of May 2024.
Dears
David Vazquez, Planning Commission Chair
Resolution No. PC 11-24
I hereby certify that the foregoing Resolution was adopted by the Planning Commission of the City of Orange at a regular meeting thereof held on the 6th day of May 2024, by the following vote:
AYES: Martinez, Vejar, Maldonado, Tucker, McCormack, Vazquez NOES: None
ABSENT: Simpson
Anna Pehoushek
Assistant Community Development Director