Cities Index.
Attachment No. 3 - Planning Commisison Resolution No PC 17-24 (Not yet signed)

Orange City Council
June 5, 2024

Document
Attachment No. 3 - Planning Commisison Resolution No PC 17-24 (Not yet signed)
Meeting
June 5, 2024
Body
Orange City Council
Original file
70 KB
Text extracted from the city's file for reading and search. Open the original on cityoforange.legistar1.com. That file is the official record.

RESOLUTION NO. PC 17-24

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ORANGE DENYING APPEAL NO. 0565-24 AND AFFIRMING THE

DECISION OF THE COMMUNITY DEVELOPMENT DIRECTOR UNDER SECTION 17.08.030(E) OF THE ORANGE MUNICIPAL CODE

DETERMINING THAT THE APPLICATION FILED BY THE ORANGE

JCP PROJECT OWNER, LLC IS INCOMPLETE

APPLICANT: THE ORANGE JCP PROJECT OWNER, LLC

WHEREAS, the Planning Commission generally has authority based on Orange Municipal Code (“OMC”) Section 17.08.050 “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, OMC Section 17.08.030(E) requires that a completeness determination be made by the Community Development Director and provides “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, 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 27, 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 (“Appeal”); and

WHEREAS, the Planning Commission has authority and may act on Appeal No. 0565- 24 of the Community Development Director’s determination under OMC Section 17.08.030(E) that the application filed by the (“Applicant”) on February 27, 2024 is incomplete, based on OMC Section 17.08.050; and

WHEREAS, on May 20, 2024, the Planning Commission heard the Appeal and considered the record and such additional evidence offered, based on OMC Section 17.08.050 (E)(2); and

WHEREAS, also pursuant to Section 17.08.050(E)(2), the Planning Commission 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. 0565-24 is denied. Specifically, the determination of the Community Development Director made on March 27, 2024, as contained in that Letter of Incompleteness relative to the Application filed, is affirmed, in whole, based on the facts, information, interpretations and findings contained in the Administrative Staff Report provided to the Planning Commission, which is hereby incorporated into this Resolution by this reference.

ADOPTED this ____ day of _____________________, 2024.

_______________________________________
David Vazquez, Chair, City of Orange

← All documents from this meeting