RESOLUTION NO. 11557
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ORANGE DENYING APPEAL
NO. 0566-24 AND AFFIRMING THE
DECISION OF THE PLANNING
COMMISSION WITH RESPECT TO THE
DETERMINATION MADE BY THE
COMMUNITY DEVELOPMENT DIRECTOR
UNDER SECTION 17.08.030(E) OF THE
ORANGE MUNICIPAL CODE THAT THE
APPLICATION FILED BY THE ORANGE JCP
PROJECT OWNER, LLC IS INCOMPLETE
WHEREAS, the City Council has authority under Orange Municipal Code (“OMC”) Section 17.08.050(A) to hear matters appealed from the Planning Commission under the Planning Commission’s authority “to review and take action on an appeal of any action taken by the Community Development Director in the administration or enforcement of the provisions of Chapter 17.08”; and
WHEREAS, on May 20, 2024, the Planning Commission heard Appeal No. 0565-24 under OMC Section 17.080.050(A) with respect to a completeness determination made by the Community Development Director under OMC Section 17.08.030(E) (which provides that “Within 30 days of receipt of an application for a development project, the Community Development Director shall make a determination and notify the applicant as to whether the application is complete”); and
WHEREAS, as background, on June 5, 2023, the Orange JCP Project Owner, LLC (“Applicant”) applied for several entitlements, including Tentative Tract No. 0053-23, Major Site Plan Review No. 1140-23 and Design Review No. 5123-23 (“Application”), and resubmitted materials in furtherance of the Application on September 5, 2023 and February 26, 2024 after determinations that the Application was incomplete; and WHEREAS, on March 27, 2024, the City provided the Applicant with a third letter of incompleteness (“Letter of Incompleteness”) indicating that the Application was incomplete, specifically, based on the Applicant’s failure to apply for a General Plan Amendment and Zone Change, as required by the City’s Land Use Project Application Information Packet; and WHEREAS, on April 10, 2023, the Applicant timely filed an appeal pursuant to OMC Section 17.08.050, in writing, upon forms provided by the City (“Planning Commission Appeal”) to the Planning Commission; and
WHEREAS, on June 3, 2024, the Applicant timely filed an appeal pursuant to OMC Section 17.08.050, in writing, upon forms provided by the City (“City Council Appeal”) to the City Council; and
2 WHEREAS, pursuant to Section 17.08.050(F)(2), the City Council may affirm, reverse or modify, in whole or in part, the action that was appealed, and may also make or substitute additional decisions or determinations as it finds warranted under the provisions of Chapter 17.08 of the OMC.
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF
ORANGE HEREBY RESOLVES as follows:
1. The foregoing recitals are true and correct.
2. Appeal No. 0566-24 is denied. Specifically, the determination of the Planning Commission with respect to the completeness determination made by Community Development Director on March 27, 2024, as contained in that Letter of Incompleteness relative to the Application filed, is affirmed, in whole, based on the following: (1) the facts and findings contained in the Administrative Report provided to the Planning Commission; (2) the facts and findings contained in the Administrative Report provided to the City Council; (3) the discussion and deliberations of the Planning Commission on May 20, 2024; and (4) the discussion and deliberations of the City Council on June 5, 2024, which are hereby incorporated into this Resolution by this reference.
3. For clarification, the City Council’s determination on Appeal No. 0566-24 shall constitute the City’s final written determination under the Permit Streamlining Act, pursuant to Government Code Section 65943(c).
ADOPTED this 5th day of June, 2024
Daniel R. Slater, Mayor, City of Orange
ATTEST:
Pamela Coleman, City Clerk, City of Orange
APPROVED AS TO FORM:
Mike Vigliotta, City Attorney
3 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 Resolution was duly and regularly adopted by the City Council of the City of Orange at a regular meeting thereof held on the day of , 2024 by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
Pamela Coleman, City Clerk, City of Orange