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CITY COUNCIL RESOLUTION NO. 15-86 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IRVINE, CALIFORNIA, APPROVING AMENDMENTS (00568862-PZC) TO THE ZONING ORDINANCE BY PROVIDING NEW OR REVISED LAND USE/ZONING PROVISIONS RELATED TO SPECIALIZED HOUSING, PARK PLAN AND PARK DESIGN PROCEDURES, COTTAGE FOOD OPERATORS (CFO), ACCESSORY RETAIL USES, SOLAR ENERGY SYSTEM STANDARDS AND OTHER MISCELLANEOUS STANDARDS; FILED BY THE CITY OF IRVINE COMMUNITY DEVELOPMENT DEPARTMENT WHEREAS, the City of Irvine Community Development Department has initiated Zone Change 00568862-PZC requesting the following: incorporating minor technical changes including providing new or revised land use/zoning provisions related to specialized housing, park plan and park design procedures, cottage food operators (CFO), conditional use permit procedures, accessory retail uses, landscaping standards, setback standards, solar energy system standards and other miscellaneous standards; and WHEREAS, Zone Change 00568862-PZC will improve the functionality of the Zoning Ordinance by ensuring accurate information is contained in the document and by clarifying land uses available to residents, property owners, and business owners; and WHEREAS, Zone Change 00568862-PZC is considered a "project" as defined by the California Environmental Quality Act (CEQA); and WHEREAS, Pursuant to Section 4 of the City of Irvine California Environmental Quality Act (CEQA) procedures and Article 5 of the CEQA Guidelines, it has been determined that the proposed project is covered by the General Rule Exemption (Section 15061(b)(3)), for projects where it can be seen with certainty that the activity in question will have no significant effect on the environment; and WHEREAS, The Community Services Commission considered the proposed amendments to the park provisions of the Municipal Code and Zoning Ordinance on April 1, 2015, and recommended approval of the proposed amendments (Vote 3-0, with 2 members absent); and WHEREAS, the Planning Commission of the City of Irvine considered information presented by staff and other interested parties at public hearings held on February 19, 2015, April 2, 2015, May 21, 2015, July 2, 2015, and July 16, 2015, and has recommended that the City Council approve the Zone Change (vote 5-0); and 1 CC RESOLUTION NO. 15-86 WHEREAS, the City Council of the City of Irvine considered information presented by the Community Development Department at a public hearing held on August 11, 2015. NOW, THEREFORE, the City Council of the City of Irvine DOES HEREBY RESOLVE as follows: SECTION 1. Pursuant to Section 4 of the City of Irvine California Environmental Quality Act (CEQA) procedures and Article 5 of the CEQA Guidelines, it has been determined that the proposed project is covered by the General Rule Exemption (Section 15061(b)(3)), for projects where it can be seen with certainty that the activity in question will have no significant effect on the environment. SECTION 2. The City Council finds that the findings required by Section 2-38-7 of the City of Irvine Zoning Ordinance for approval of a Zone Change have been made as follows: A. The proposed zone change is consistent with the City of Irvine General Plan. The purpose of the zone change is to incorporate minor “cIean-up” changes such as providing new or revised land use/zoning provisions related to specialized housing, park plan and park design procedures, cottage food operators (CFO), citywide land use matrix, accessory retail uses, landscaping standards, setback standards, solar energy system standards, applicability of expired development agreements and tentative tract maps, warehousing, storage and distribution, sign standards, references to adopted design guidelines for specified planning areas, supermarkets in the Community Commercial zone in Planning Area 34, corrections to code provisions for Irvine Business Complex, adjustments to statistical analysis tables and zoning code maps, other miscellaneous standards, and corrections for scriveners errors. As such, this zone change is consistent with the goals and objectives of the City of Irvine General Plan. The proposed zone change is consistent with any applicable concept plan. ‘There is no Concept Plan associated with this project. The proposed zone change meets all the requirements set forth within Division 8 for the dedication of permanent open space through a specified phased implementation program for affected planning areas and zoning districts. This project is not required to dedicate open space because there is no development associated with the zone change. 2 CC RESOLUTION NO. 15-86 D. The proposed zone change is in the best interest of the public health, safety, and welfare of the community. The zone change is consistent with all applicable provisions of the Zoning Ordinance and is in the best interest of the community’s health, safety, and welfare. The zone change is limited to incorporating minor revisions to land use limitations. E. Based upon information available at the time of approval, adequate sewer and water lines, utilities, sewage treatment capacity, drainage facilities, police protection, fire protection/emergency medical care, vehicular circulation and school facilities will be available to serve the area affected by the proposed zone change when development occurs. The proposed project does not include any specific development. The zone change is limited to incorporating minor revisions to land use limitations. F. If the proposed zone change affects land located within the coastal zone, the proposed zone change will comply with the provisions of the land use plan of the certified local coastal program. The project does not include any development within the coastal zone. SECTION 3. Based on the above findings, the City Council of the City of Irvine DOES HEREBY APPROVE amendments Zone Change 00568862-PZC as outlined in Exhibit A. SECTION 4. The City Clerk shall certify to the passage of this Resolution and this Resolution shall be published as required by law and shall take effect as provided by law. PASSED AND ADOPTED by the City Council of the City of Irvine at an adjourned regular meeting held on the 11”‘ day of August, 2015. ‘/MAYOR OF THE CITY OF IRVINE ATTEST: CITY CLER OF THE cntv OF IRVINE 3 CC RESOLUTION NO. 15-86 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF IRVINE ) I, MOLLY MCLAUGHLIN, City Clerk of the City of Irvine, HEREBY O CERTIFY that the foregoing resolution was duly adopted at an adjourned regular meeting of the City Council of the City of Irvine, held on the 11th day of August, 2015. AYES: 4 COUNCILMEMBERS: Krom, Schott, Shea and Choi NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: LaIIoway ABSTAIN: 0 COUNCILMEMBERS: None IVM CITY CLER 0 THPmFm#9G ITY OF IRVINE 4 CC RESOLUTION NO. 15-86 IVISION 1 GENERAL PROVISIONS AND FFINITIONS o Cottage food operations: A home occupation intended to produce certain non-potentially hazardous foods. These are foods that do not support the rapid growth of bacteria that would make people sick when held outside of refrigeration temperatures. Examples include; but are not limited to, baked goods without cream, custard or meat fillings; candy, such as brittle and toffee; dried fruit; and roasted coffee and dried tea. A complete list of acceptable cottage food items is maintained and updated by the California Department of Public Health (CDPH) on its Internet website. 0 Home care: The care of six or fewer elderly persons or disabled persons or children or persons identified in the specific land uses identified in the State of California Health and Safety Code, Section 1566.3, such as but not limited to small supportive housing, congregate care facility, and convalescent home. 0 Hotel, motel: A facility offering transient lodging accommodations to the general public, either on a daily basis or for extended periods of time. Services such as restaurants, meeting rooms and recreation facilities may be provided as accessory uses if their aggregate total area does not exceed ten percent of the site's gross square footage. (See also "Bar," "Conference/convention facility," "Convenience or liquor store," "Golf course/driving range," "Health club," "Massage establishment," "Pushcart," "Restaurant," "Retail and/or service businesses, general," and "Vehicle leasing and rentals.'') 0 Residential care facility: Any family home, group care facility or similar facility providing 24-hour non—medical services, supervision or assistance essential for sustaining the activities of daily living. Residential care facility includes shelters, board and care facilities, halfway houses, wards of the juvenile court and the like and excludes “Sober Living Facilities.” Residential Care Facilities consisting of seven or more persons are conditionally permitted in all residential districts, except the Estate Residential Density district. Per Section 5116 of the State Welfare and institutions Code, a state-authorized, certified, or licensed family care home, foster home, or group home serving six or fewer persons with mental health disorders or other disabilities or dependent and neglected children, shall be considered a residential use of property for the purposes of zoning if the homes provide care on a 24—hour—a—day basis. These homes are therefore a permitted use in all residential zones, including, but not limited to, residential zones for single-family dwellings. 0 Residential, nonprofit: A residential use associated with the charitable provision of permanent and/or temporary housing, such as shelters and transitional housing. 5 cc RESOLUTION NO. 15-86 Exhibit A o Single—room occupancy (SRO): An individual dwelling unit with all residential functions consolidated into a single room that houses one or two people and provides short or long term living accommodations. SRO units provide a housing option for lower income single adults (or couples) who find housing in traditional apartments or single family homes unaffordable or othenNise unsuitable. Most SRO units are small, with a gross floor area typically ranging from 175 to 450 square feet. Each dwelling unit is restricted to occupancy by no more than two persons and is offered on a monthly rental basis or longer.