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AGENDA ITEM
March 12, 2013
TO: Honorable Mayor and
Members of the City Council
THRU: John W. Sibley
City Manager
FROM: Ed Knight
Interim Community Development
Director
ReviewedNerified By:
City Manager
Finance Direct
To Be Presented By:
Jennifer Le
Cons Calendar _ City Mgr Rpts
Council Reports _ Legal Affairs
Boards / Cmtes X Public Hrgs
Admin Reports Plan / Environ
1. SUBJECT
Ordinance1 -13(D) approvingZoneChangeNo. 1267 -12(D) rezoningcertainpropertiesin "Area D" of the Old Towne Orange focus area (generally located north of La Veta Avenue, south of Palm Avenue, west of the railroad tracks, and east of Batavia Street) to Single Family Residential ( R -1) zoning.
2. SUMMARY
The City Council consideredadoption of Zone Change 1267 -12 at its February 12, 2013 meeting, and continueddeliberationsfor "Area D" to the March 12, 2013 meeting. The City Council adoptedthe City's ComprehensiveGeneralPlanUpdateon March 9, 2010. As part of this update, the Council decidedto changeGeneralPlan land use designationson certain propertiesin Old Towne's residentialquadrantsto Low DensityResidential (LDR). This change was made to establish a land usepolicy for Old Towne's residential quadrantsthat ensuredfuture developmentin the area would be single - family residential in nature. State law requires consistency between a property's General Plan land use designation and its zoning. The City's General Plan identifies R -1 (Single Family Residential) as the corresponding zoning district for theLDR GeneralPlanlandusedesignation. Thepropertiesaffectedby theproposedzonechange currentlyhavea LDR land usedesignationbut arezonedsomethingotherthanR -1. Therefore, ZoneChange1267 -12(D) is proposedto rezonethe subjectpropertiesto R -1 -6 (Single Family Residential, 6, 000squarefoot minimum lot size) consistent with the LDR General Plan land use designation approved by the Council in 2010.
3. RECOMMENDATION
1) Find that the proposedzone changeis within the scopeof the previously- approved2010 GeneralPlan, which was evaluatedin certifiedProgramEIR No. 1815 -09; andfind thatthe Program EIR adequately describes the zoning changes for purposes of California ITEM 1.3 / 03/ 12/13
1 Environmental Quality Act (CEQA) compliance and no new environmental documents are required.
2) Adopt Ordinance No. 1 -13(D) approving Zone Change 1267 -12(D) to rezone to Single Family Residential (R -1 -6) certain properties in "Area D" of the Old Towne Orange focus area (generally located north of La Veta Avenue, south of Palm Avenue, west of the railroad tracks, and east of Batavia Street).
4. FISCAL IMPACT
None.
5. STRATEGIC PLAN GOAL(S)
5b. Expand and strengthenprocessesandpractices related to protection of cultural resources.
6. GENERAL PLAN IMPLEMENTATION
Land Use Element
Goal 5.0: Maintain and enhancethe vibrant, transit - accessible, pedestrian - friendly, and livable characterof Old Towne's neighborhoods and commercial core.
Cultural Resources and Historic Preservation Element
Goal 3.0: Provide incentives and expandeducation efforts for historic preservation.
Policy 3.2: Provideincentivesto encourageandsupporthistoricpreservation.
7. DISCUSSION and BACKGROUND
Executive Summary
On February12, 2013, the City Councildecidedto divide ZoneChange1267 -12 into four areas Areas A, B, C and D) in order to deliberate and decide upon each area separately. The Council approvedtheZoneChangefor AreasA andC, did not approvetheZoneChangefor AreaB, and continueddeliberationsfor "Area D" to the March 12 2013Council meeting. This staffreport discusses "Area D" and addressesissuesraised by the Council at the February 12, 2013 hearing.
As part of the 2010 ComprehensiveGeneralPlan Update, the Council performeda highly detailed review of the Old Towne focus areaand approved a Low Density Residential (LDR) GeneralPlanlandusedesignationfor muchof theresidentialquadrantsof Old Towne. R -1 is the zoningdesignationthat is consistentwith the LDR GeneralPlandesignation. Therefore, this ZoneChangefor "Area D" implementsthepolicy actiontakenby theCouncilin 2010.
ITEM 03/ 12/13
2 In 2010 Council established the LDR designation to ensure future development in Old Towne's residential quadrants was single family residential in nature. The change to LDR was originally considered due to concerns about the loss of historic homes and context due to higher density residential development allowed for under non- LDR/non -R -1 zoning designations. There were also concerns that such future development would exacerbate traffic, parking and other neighborhood issues, detracting from Old Towne's single family residential neighborhood character. The land use change was also intended to eliminate confusion about expected development potential (based on the zoning) versus the actual development potential given site constraints, including lot size, historic buildings, site context, and adherenceto the Old Towne Design Standards (OTDS).
Existing zoning in "Area D" is primarily R -2 (Duplex) and R -3 (Multi - Family) zoning. On- the- ground land use in "Area D" south of Chapman Avenue is a mix of single family residential and duplexes, with a few larger multi -unit developments, some industrial uses along the railroad and commercial uses along Chapman Avenue. Of the 202 properties affected by the proposed Zone Change, approximately 60% contain single family residential usesand 39% contain multi - family (more than one unit). 48% contain "contributing" historic buildings.
Approving the Zone Change has no practical effect on existing on- the - ground duplex and multi - family uses. These uses are considered legal " permitted uses" ( not " legal nonconforming ") under OMC Section 17. 14.050. G and can remain in place in perpetuity.
They can also be renovated, expanded and reconstructed (so long as no new units are added and proposed improvements comply with Code).
For some properties, approving the Zone Change would have no practical effect on future development potential, either becausethe properties already contain the maximum number of units allowed under their current zoning, or because their current lot size, configuration etc. already limits their ability to accommodateadditional units while complying with Code and the OTDS. For properties where the ability to build additional units is limited by existing lot size, rezoning to R -1 would remove the incentive for future lot consolidation and associated construction of higher density housing.
For properties that contain less than the maximum number of units allowed under their existing zoning, and also have the lot size, configuration, etc. to accommodate additional units while meeting Code requirements and the OTDS, approving the Zone Change could limit their ability to build additional units. (For properties with a Single Family Residence, an accessorysecondunit would be allowed under the R -1 zoning, assuming it could be designed to comply with Code and the OTDS).
Overall, rezoning to R -1 is consistentwith 2010 Council policy actions. Specifically, limiting construction of additional residential units in Old Towne has area -wide historic preservation andneighborhoodpreservationbenefitsandaddressesconcernsregardingfutureincreasesin traffic, parking and other density - related issues. It also could result in changing the future development potential for someproperties.
ITEM 03/ 12/13
3 Past Council Direction
The LDR land use designation approved for Old Towne's residential quadrants as part of the 2010 General Plan Update (and the corresponding subject R -1 re- zoning) was derived in response to controversial development projects over the past 20 years that were perceived to have detracted from the predominantly single family residential character of Old Towne.
Specifically, on any given property, there are differences between the number of units allowed under the General Plan, number of units allowed under the development standardsof the non -R- 1 zoning designations, and the number of units ultimately deemed acceptable under the neighborhood compatibility" provisions of the Old Towne Design Standards. This ambiguity as to the actual development potential of property in Old Towne has caused confusion, differing expectations, and long- standing disagreements among the City, applicants and the larger Old Towne community. Ultimately, these differing expectations have led to public controversy, a complex decision - making process, and potential for legal challenge for Old Towne projects.
Two such projects have in recent times resulted in appellate court decisions. Although the City prevailed in both cases, there was a time and cost to the litigation borne primarily by the homeowners.)
The General Plan Update provided the City with the opportunity to reconcile the on -going friction between the General Plan/ zoningand the City /community objectives for Old Towne's residential quadrants. As part of the 2010 General Plan Update, the Council performed a highly detailed review of the Old Towne focus area and approved a Low Density Residential (LDR) General Plan land use designation for much of the residential quadrantsof Old Towne. (Based on the detailed review, certain blocks retained higher density land use designations.) The 2010 General Plan land use map for the Old Towne "focus area" is included as Attachment 2 to this report. The subject rezoning implements this previous Council direction.
General Plan- Zoning Consistency and State Law
Stateplanning law (Government Code Section 65860) requires consistency between a property's General Plan and zoning designation. Therefore, as a follow up action to the 2010 General Plan Update, rezoning the properties that experienced a change in their General Plan land use designation is necessaryin order to establishconsistency.
The General Plan identifies R -1 (Single Family Residential) as the corresponding zoning for the LDR General Plan land use designation. (Refer to the General Plan Land Use Element Table LU- 3, Attachment 3 to this report). Properties affected by the subject Zone Change currently have a General Plan land use designation of LDR but are zoned Duplex Residential ( R -2 -6), Multi - Family Residential (R -3), and Office Professional (O -P).
Zone Change 1267 -12(D) proposesto re -zone 202 parcels to R -1 -6, consistent with their existing LDR General Plan land use designation. Existing and proposed zoning maps for the affected parcels are provided asexhibits to the subject Ordinance (Attachment 1 to this report).
ITEM 03/ 12/13
4 Existing On- The - Ground Land Use for "Area D"
There are a total of 471 parcels in "Area D" of the Old Towne focus area (west of Glassell Street). Of these, approximately 41% are single - family residential, 47% are multi - family residential (i. e. have more than one unit) and 13% contain other non - residential uses. The majority of the properties identified as multi - family ( south of Chapman Avenue) contain duplexes (two units). There are also larger apartment buildings in the area along with industrial usesalong the railroad tracks and commercial usesalong ChapmanAvenue.
Of the 471 parcels in Area D, 202 parcels are proposed for a Zone Change to R -1 to match their existing LDR General Plan designation. Of the 202 properties affected by the subject Zone Change (in Area D), approximately60% containsinglefamily residentialusesand39% contain multi - family (more than one unit). 48% contain "contributing" historic buildings.
A large scale map showing "contributing structures" and existing "on the ground" land use for Area D" is included as Attachment 4 to this report. A large scale map showing existing zoning for "Area D" is included as Attachment 5. (Properties subject to the proposed Zone Change are outlined in black).
Legal Non - Conforming Status
A concernregardingthe legal non - conformingstatusof affectedpropertieswasdiscussedat the February12, 2013Council meeting. Typically, the proposedrezoneof the subjectpropertiesto R -1 zoning would render the properties that already have multiple residential units or non- residential uses "legal non - conforming ". However, as a follow -up action to the May 8, 2012 City Council approval of Zone Change 1261 -11 (related to the rezoning of Old Towne properties east of Glassell), the Council approved Ordinance No. 7 -12 (OMC Section 17. 14.050. G) addressing the "legal non - conforming" status of existing duplex and multi - family dwellings. OMC Section
17. 14.050. G is included as Attachment 6 to this report. It recognizes duplex and multi - family dwellingsthatexperiencedazoningchangeto R -1 asa resultof the2010GeneralPlanUpdateas a legal "permitted use" (not "legal nonconforming ") provided they were legally establishedat the time of the changeto suchzoning. Further, it allows for additions, reconstructionsor alterations on such properties, provided that no new dwelling units are added and the proposed improvement otherwise complies with Code requirements.
Furthermore, in conjunctionwith adoptionof the 2010 GeneralPlan in March 2010, the City Council adopted Ordinance No. 12 -09 ( OMC Section 17. 38.065), making special accommodations for properties made "non- conforming" by the land use changesof the General Plan. Theseprovisions are detailed in Attachment 7, and include allowing a "legal non- conforming" useto remainindefinitely andalso to expand (provided no new units areadded).
Hence, non - residentialpropertiesor uses (which arenot coveredby OMC Section17. 14.050. G) would becoveredby OMC Section17. 38.065 andcanremainasthey aretoday. Underthis Code section, non - conformingusesmay alsobe replacedwith an equivalentnon - conforminguse or physicallyexpanded (provided anyproposedimprovementscomplywith Code).
ITEM 03/ 12/13
5 Practical Effect of Approving the Zone Change
Concerns were raised at the February 12, 2013 Council meeting as to the purpose and practical benefits of the Zone Change. The purpose of the Zone Change is to bring the zoning into consistency with the LDR General Plan designation. The LDR designation was established by the City Council in 2010 to ensurefuture development in the Old Towne's residential quadrants would be single family residential in nature.
Existing
The proposed Zone Change has no practical effect to legally - established existing duplexes and multi - family usesdue to the OMC provisions described above. Existing duplex and multi - family development can continue on as they are today in perpetuity. In addition, they can be renovated, added onto, or reconstructed, provided that no new units are added and provided that any proposed improvements comply with Code.
Future Development Potential
For properties zoned R -2 or R -3 that already contain the maximum number of units allowed under the existing zoning (given current lot size and configuration), the proposed Zone Change has no practical effect on future development potential. The existing units on the property are grandfathered" in and (given current lot size and configuration) additional units could not have been built under either the existing zoning or the proposed R -1 zoning.
It should be noted that the actual number of units that can be built on an Old Towne lot (given site constraints including small lot size, historic buildings, site context, and adherenceto Code and the OTDS) is typically lower than the number of units one might expect to build basedjust on the allowable density range of the zoning district. As such, the majority of residential lots in Old Towne fall into the category of properties that already contain the maximum number of units allowed (given current lot size and configuration). In thesecases, the practical effect of rezoning to R -1 is that it aligns community expectations for development potential with the reality of actual development potential. In these cases additional units or higher- density development could only be constructed if lots were consolidated or otherwise reconfigured in the future.
Therefore, the other practical effect of rezoning to R -1 is that it removes the incentive for such lot consolidation and the associatedpotential for multi -unit residential development in the future.
So long as R -2 or R -3 zoning remains in place, there is some potential for development at R -2 and R -3 zoning densities to occur given the right lot conditions.
For R -2 or R -3 zoned properties that contain less than the maximum number of units allowed under the existing zoning (given current lot size and configuration), rezoning to R -1 would mean that additional units could not be built. ( Note that under the proposed R -1 zoning an "accessory second unit" could be built on a property in addition to the existing single family residence, subject to compliance with Code and the OTDS). Arguments have beenmade that (from an area - wide perspective) rezoningto R -1 is a benefit becauseit removesthe incentive to demolish historic single family homes to accommodate more units (potentially allowed under non - LDR/non -R -1 zoning), thus preserving the historic buildings and single - family residential ITEM 03/ 12/13
C.
character for which the Old Towne neighborhood is known. Arguments have also beenmade that re- zoning to R -1 and limiting the potential for future additional units limits future traffic, parking andotheradverseconditionsassociatedwith higherdensityhousingthathavedetractedfrom Old Towne's neighborhood character and historic district context in the past. Arguments have also been made that rezoning to R -1 may negatively affect individual property values in caseswhere a property owner would not be able to build additional units currently allowed under the existing zoning.
Public Notice
A City Council public hearing notice for the February 12, 2013 Council meeting was published in the local newspaper on January 31, 2013. In addition, approximately 1, 390notices were mailed to owners and tenants of affected properties as well as properties located within 300 feet of affected properties. Hearing notices were also posted at City posting locations.
At the February 12, 2013 meeting, the Council continued deliberations for Area "D" to the March 12, 2013 Council meeting. Therefore, no further public notice was required.
Planning Commission Hearing
On December3, 2012, the PlanningCommissionconducteda public hearingfor Zone Change 1267 -12. The Commission adopted Resolution No. PC 49 -12, recommending approval of the Zone Changeto the City Council by a vote of 4 in favor, 0 opposedand 1 abstention. Public comments were received from seven membersof the public at the hearing, with six opposedand one in support. In addition, written correspondencewas receivedfrom five membersof the public andwasconsideredby the Commission. ThePlanningCommissionResolution, Minutes, StaffReportfor ZoneChange1267 -12 areprovidedasAttachments8, 9, and10respectively.
February 12, 2013 Council Meeting and Public Comments
At the February 12, 2013 Council meeting, sevenmembersof the public spokeon the Zone Changeitem (three in favor, four opposed). The draft Council meetingminutesandstaff report for the February12 CouncilmeetingareincludedasAttachments11 and 12 respectively.
Written correspondencereceivedfor propertieslocatedin "Area D" areincludedasAttachment 13to this report. Attachment14containsa brief staff analysisof propertieslocatedin "Area D" that were discussedat the Planning Commission hearing and/ or the February 12, 2013 Council hearing for the project.
7. ATTACHMENTS
1. Ordinance No. 1 -13(D) including existing and proposedzoning maps for affected properties
2. 2010 General Plan Land Use Map for the Old Towne Focus Area
3. 2010 General Plan Land Use Element Table LU -3
4. Map showingexistinglanduseandcontributingstructuresfor "Area D" (large scale)
5. Map showingExistingZoningfor "Area D" (large scale)
6. OMC Section 17. 14.050. G
ITEM 03/ 12/13
7 7. OMC Section 17. 38.065
8. Planning Commission Resolution No. PC 49 -12
9. December 3, 2012 Planning Commission Meeting Minutes
10. December 3, 2012 Planning Commission Staff Report (without exhibits)
11. February 12, 2013 City Council Draft Meeting Minutes
12. February12, 2013City Council StaffReport (without exhibits)
13. Written correspondencefrom thepublic for propertieslocatedin "Area D"
14. Summaryanalysisfor propertieslocatedin "Area D" thatwerediscussedat theDecember3, 2012PlanningCommissionhearingor attheFebruary12, 2013Councilhearing ITEM 03/ 12/13
ORDINANCE NO. 1 -13(D)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF ORANGE APPROVING ZONE CHANGE NO. 1267 -
12(D) REZONING CERTAIN PROPERTIES IN THE OLD
TOWNE " FOCUS AREA" GENERALLY LOCATED
NORTH OF LA VETA AVENUE, SOUTH OF PALM
AVENUE, WEST OF THE RAILROAD TRACKS, AND
EAST OF BATAVIA TO SINGLE FAMILY RESIDENTIAL
R -1), IN ORDER TO ESTABLISH CONSISTENCY
BETWEEN THE LOW DENSITY RESIDENTIAL
GENERAL PLAN LAND USE DESIGNATION AND THE
ZONING CLASSIFICATION IN ACCORDANCE WITH
STATE LAW.
ZONE CHANGE NO. 1267 -12( D)
APPLICANT: CITY OF ORANGE
WHEREAS, on March 9, 2010 the City adopted its 2010 General Plan, including changesto landusedesignationsin the residentialquadrantsof the Old TowneFocusAreato establish more uniform Low Density Residential districts as presented in the Land Use Element's Land Use Policy Map; and
WHEREAS, the land use designation change to Low Density Residential (LDR, 2 -6 dwelling units /acre) wasintendedto moreaccuratelyrepresenton- the - groundconditions, and supportthe City's long- standinghistoric preservationobjectivesfor Old Townethat include protectionof the predominantlyhistoric single - family characterof the residentialquadrants; and
WHEREAS, in addition to the properties that experienced a General Plan land use designationchangein 2010, therearealsopropertiesin Old Townethat havea long- standing LDR General Plan land usedesignation; and
WHEREAS, thepropertiessubjectto ZoneChangeNo. 1267 -12(D) arezonedDuplex Residential (R -2 -6), Multi- family Residential (R -3), and Office Professional (O -P), which are not consistent with the LDR General Plan land usedesignation; and WHEREAS, California Government Code §65860 requires consistency between a city's General Plan and zoning; and
WHEREAS, thePlanningCommission, havingconsideredthe proposedOrdinanceand ZoneChangeat apublic hearingheldon December3, 2012includingreview of the staffreport andhavingreceivedpublic testimonyon the item, hasdeterminedtheproposedamendmentis justified and recommendsapproval thereof; and
ATTACHMENT NO. 1
ORDINANCE NO. 1 -13(D) INCLUDING
1 EXISTING & PROPOSED ZONING MAPS
FOR AFFECTED PROPERTIES
ZONE CHANGE 1267 -12( D)
MARCH 12, 2013 CC MTG.