An Ordinance of the County of Orange, State of California,Rezoning Certain Land from The

Attachment M

ORDINANCE NO.16-___

AN ORDINANCE OF THE COUNTY OF ORANGE, STATE OF CALIFORNIA,REZONING CERTAIN LAND FROM THE A-1 GENERAL AGRICULTURAL AND A1(0) GENERAL AGRICULTURE WITH OIL PRODUCTION DISTRICTS TO R-1 SINGLE FAMILY RESIDENCE DISTRICT AND R-1(O) SINGLE FAMILY RESIDENCE DISTRICT WITH OIL PRODUCTION OVERLAY WITHIN THE CIELO VISTA AREA PLAN

WHEREAS, North County BRS Project, LLC (“Applicant”) submitted Planning Application 100004 (“PA100004”), requesting approval of a residential development consisting of 112 single-family residential units including adoption of a General Plan Amendment, Zone Change, Area Plan, and certification of an Environmental Impact Report (“EIR”) (collectively, the “Proposed Project”); and

WHEREAS, Final EIR No. 615 has been completed in compliance with California Environmental Quality Act (“CEQA”), the CEQA Guidelines, and the County's environmental analysis procedures and is a Project EIR as defined by CEQA Guidelines Section 15161, and as such addressed the potentially significant environmental impacts associated with the Proposed Project, including, but not limited to, the adoption of an Area Plan, adoption of a Zone Change (“Zone Change 15-01”) and related programs and entitlements, approval of a Vesting Tentative Tract Map, as well as the impacts anticipated from subsequent implementing steps in the chain of contemplated actions designed to carry out the final planning and development of the Proposed Project; and

WHEREAS, Final EIR No. 615 included an analysis of alternatives to the Proposed Project including Alternative 5, which consists of the development of a maximum of 83 single-family residential units on 84 acres (with 42.7 acres of open space) in Planning Area 1 (“Preferred Project”) and meets all project objectives; and

WHEREAS, County staff recommended approval of Alternative 5 of Final EIR No. 615 (“Preferred Project”);

WHEREAS, the County Board of Supervisors has considered the information contained in Final EIR No. 615 as well as the findings of fact and mitigation measures associated with same and, by separate resolution, has determined that Final EIR No. 615 is in compliance with the requirements of CEQA, the State CEQA Guidelines, and the County’s environmental analysis procedures and has certified Final EIR No. 615 as being adequate and complete for all actions and approvals required to implement the Preferred Project, including but not limited to, Zone Change 15-01, the Cielo Vista Area Plan, and related programs and entitlements, including subsequent implementing steps in the chain of contemplated actions designed to carry out the final planning and development of the Preferred Project; and;

WHEREAS, Under Section 15092 of the State CEQA Guidelines, the County cannot decide to approve or carry out a project for which an EIR was prepared unless it determines that the project would not have a significant effect on the environment or that such impacts are addressed pursuant to Section 15091 of the State CEQA Guidelines; and

WHEREAS, the Applicant is requesting the adoption of an Ordinance to approve Zone Change 15-01 to rezone 39.5 acres within unincorporated Orange County from A1 “General Agricultural” District and A1(O) “General Agricultural” District with an Oil Production Overlay to R-1 “Single Family Residence” District and 1.8 acres to R-1(O) “Single Family Residence” District with an Oil Production Overlay ; and

WHEREAS, the County has prepared Zone Change 15-01 (attached hereto as Exhibit A) to apply R-1 and R-1(O) zoning district regulations to the Preferred Project; and

WHEREAS, onMarch 9, 2016, the Planning Commission adopted Resolution No. 16-03 which recommended that this Board adoptZone Change15-01 (see Planning Commission Resolution No. 16-03); and

WHEREAS, in accordance with the Government Code of the State of California, a legally noticed public hearing concerning Certification of FEIRNo.615, adoption of Zone Change15-01, an uncodified Ordinance, and the Cielo Vista Area Plan was conducted by this Board of Supervisors on May 10, 2016; and

WHEREAS, this Board listened to and carefully considered all of the public comments and testimony presented during the public hearing identified above; and

WHEREAS, this Board has carefully reviewed and considered the comments and recommendations of the Planning Commission relative to adoption of Zone Change 15-01; and

WHEREAS, the proposed Zone Change 15-01 is consistent with the objectives, policies and general land uses and programs specified in the General Plan for the Project area, which General Plan was adopted pursuant to the State Planning and Zoning Law; and

WHEREAS, the location, size, design and operating characteristics of the proposed uses allowed by Zone Change 15-01 will not create unusual noise, traffic or other conditions or situations that may be objectionable, detrimental or incompatible with other permitted uses in the vicinity; and

WHEREAS, implementation of proposed Zone Change 15-01 will not result in conditions or circumstances contrary to the public health and safety and the general welfare; and

WHEREAS, proposed Zone Change 15-01 is in compliance with Codified Ordinance Section 7-9-711 regarding public facilities (i.e., fire station, library, sheriff, etc.); and

NOW, THEREFORE, the Board of Supervisors of the County of Orange, California, ordains as follows:

SECTION 1. The Orange County Zoning Map is hereby amended in accordance with Section 7-9-48, 7-9-49, and 7-9-155 of the Codified Ordinances of the County of Orange by rezoning portions of the propertywithin the Cielo Vista Area Plan from the A-1 “General Agricultural” District and A-1(O) “General Agricultural” District with an Oil Production Overlay to R-1 “Single Family Residence” District and R-1(O) “Single Family Residence” District with Oil Production Overlay per Zone Change 15-01, as set forth on Exhibit A, attached hereto and incorporated herein.

SECTION 2. This Ordinance shall take effect and be in full force thirty (30) days from and after its passage, and before the expiration of fifteen (15) days after the passage thereof shall be published once in an adjudicated newspaper in the County of Orange.

Ordinance No. ____, Item No. ____

Zone Change 15-01

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