ORDINANCE NO. 06-25
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF ORANGE APPROVING ZONE CHANGE
NO. 1267-12(B) RE-ZONING CERTAIN PROPERTIES
IN THE HISTORIC CYPRESS BARRIO
NEIGHBORHOOD TO ESTABLISH CONSISTENCY
BETWEEN THE LOW DENSITY RESIDENTIAL
GENERAL PLAN LAND US E DESIGNATION IN
ACCORDANCE WITH STATE LAW
ZONE CHANGE NO. 1267-12(B)
APPLICANT: CITY OF ORANGE
WHEREAS, on March 9, 2010 the City adopted its 2010 General Plan with a Land Use Element that established a land use designation of Low Density Residential (LDR) (2-6 dwelling units/acre) in the residential quadrants of the Old Towne Orange Historic District, including the historic Cypress Barrio neighborhood to establish low-intensity land use policy in alignment with the goals and policies of the Cultural Resources and Historic Preservation Element for the protection of historic neighborhood character; and
WHEREAS, the land use designation change to LDR was intended to more accurately represent on-the-ground conditions, and protect the predominantly historic single-family character of the residential quadrants, including the historic Cypress Street Barrio neighborhood; and
WHEREAS, while the consistent Zoning Classification for the LDR land use designation is the Residential Single Family (R-1) Zone, the subject properties Zoning Classifications include Duplex Residential and Light Industrial, which are not consistent with the LDR 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 December 3, 2012 including review of the staff report and having received public testimony on the item, determined the proposed amendment is justified and recommends approval thereof; and
WHEREAS, the City Council, considered the proposed Zone Change at public hearing s held on February 12, 2013 and March 12, 2013 including review of the staff report and having received public testimony on the item; and
WHEREAS, on March 12, 2013, the City Council did not approve it by a vote of 2 -2-1 based on concerns related to diminished property values and a potential conflict of interest recusal; and
2 WHEREAS, the State of California has adopted housing legislation since 2013 that facilitates housing production in single-family zoning districts through a variety of formats which now provides opportunities for development of multiple housing units and preservation of property rights;
WHEREAS, the City Council held a duly advertised public hearing on May 13, 2025 for the purpose of considering Zone Change No. 1267-121(B) as it pertains to certain properties in the historic Cypress Street Barrio neighborhood shown in the attached Exhibit “ A” and determined that the proposed amendment is appropriate and necessary to protect historic resources and comply with state planning and zoning law;
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 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:
If any section, subdivision, paragraph, sentence, clause or phrase of this Ordinance is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance, and each section, subdivision, paragraph, sentence, clause and phrase thereof, irrespective of the fact that any one (or more) section, subdivision, paragraph, sentence, clause or phrase had been declared invalid or unconstitutional.
SECTION IV:
The City Clerk is hereby directed to certify the adoption of this Ordinance and cause the same to be published as required by law. This Ordinance shall take effect thirty (30) days from and after the date of its final passage.
3 ADOPTED this ____ day of ________________, 2025.
Daniel R. Slater, Mayor, City of Orange
ATTEST:
Pamela Coleman, City Clerk, City of Orange
APPROVED AS TO FORM:
Wayne W. Winthers,
Interim City Attorney
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF ORANGE )
I, PAMELA COLEMAN, 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 ________, 20 25, and thereafter at the regular meeting of said City Council duly held on the ___ day of _______, 2025, was duly passed and adopted by the following vote, to wit:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
Pamela Coleman, City Clerk, City of Orange