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