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HomeMy WebLinkAbout2024 PC 18-24 CHAPMAN ORANGE HOLDINGSDEVELOPMENT AGREEMENT NO. OOO9-24 RESOLUTION NO. PC 18-24 A RESOLUTION OF THE PLANNING COMMISSION RECOMMENDING THAT THE CITY COUNCIL OF THE CITY OF ORANGE APPROVE A FIRST AMENDMENT TO A DEVELOPMENT AGREEMENT WITH CHAPMAN ORANGE HOLDINGS, LLC FOR A HOTEL PROJECT LOCATED AT 3OOO WEST CHAPMAN AVENUE APPLICANT: CHAPMAN ORANGE HOLDINGS, LLC WHEREAS, by the adoption of Ordinance No. 08-21 on June 8,2021, the City Council approved Development Agreement No. 7204 ("Development Agreement") with DCSG Three Thousand West LLC ("Original Developer"), relating to certain real property located in the City of Orange at 3000 West Chapman Avenue; and WHEREAS, an environmental review was conducted by the City, as the "lead agency" under the California Environmental Quality Act ("CEQA"), to evaluate certain entitlements which became the subject of the Development Agreement. As a result of the environmental review, the proposed project was determined to be categorically exempt from the provisions of the Califomia Environmental Quality Act (CEQA) per State CEQA Guidelines 15332 (Class 32 - In-Fill Development) because the project will consist of the construction of a new 195,000 SF hotel on a less than 5-acre site. The site complies with the existing general plan and zoning and is located within an urbanized area. Technical studies demonstrate that this project would not result in any significant traffic, noise, air quality, or water quality impacts; and WHEREAS, further environmental review was conducted by the City at the time the Original Developer applied for the Development Agreement. The Development Agreement did not involve any change in land use or entitlements. Therefore, no further environmental analysis was required; and WHEREAS, on July 13, 2021, the rights under this Agreement have transferred to Chapman Orange Holdings, LLC ("OWNER"); and WHEREAS, the Development Agreement is set to expire on June 13,2024; and WHEREAS, the OWNER has made an application to the City to enter into a First Amendment to the Development Agreement to extend the term by two and a half years, expiring on December 31, 2026; and WHEREAS, The First Amendment to the Development Agreement is structured to allow development flexibility for the owner to construct a hotel in the next two and a half years and, in exchange, the City of Orange secures park parking on the project site as a public benefit; and WHEREAS, Section 65868 of the California Government Code and Section 17.44.160 of Planning Commission Resolution No. 18-24 Page 2 the Orange Municipal Code permit the amendment Development Agreement by mutual consent of the parties, pursuant to the same procedure as for entering into a Development Agreement, namely that a noticed public hearing must be held by both the Planning Commission and the City Council and approval of such amendment must be by ordinance; and WHEREAS, due to the nature of the proposed First Amendment to the Development Agreement, the Planning Commission finds and determines that "none of the conditions described in Section 15162 (of the State CEQA Guidelines) calling for the preparation of a subsequent EIR or negative declaration have occurred" in connection with the proposed First Amendment to the Development Agreement; and WHEREAS, in accordance with State and local law, on May 20, 2024, the Planning Commission of the City of Orange conducted a duly noticed public hearing on the proposed First Amendment to the Development Agreement; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, the Planning Commission considered all factors relating to the First Amendment to the Development Agreement upon property located at 3000 West Chapman Avenue. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Orange recommends that the City Council approve the First Amendment to the Development Agreement, based on the following findings: 1. It is consistent with the objectives, policies, general land uses, and programs specified in the General Plan and any applicable specific plan or redevelopment plan. 2. It is compatible with the uses authorized in the district or planning area in which the real property is located. 3. It is in conformity with the public necessity, public convenience, general welfare, and good land use practices. 4. It will be benef,rcial to the health, safety, and general welfare consistent with the policy of the City with respect to development agreements as provided in Section 17.44.200. 5. It will not adversely affect the orderly development of property in the City 6. It will promote and encourage the development of the proposed project by providing a greater degree of requisite certainty Planning Commission Resolution No. l8-24 Page 3 ADOPTED this 20th day of May 2024. Yazquez,Chair I hereby certify that the foregoing Resolution was adopted by the Planning Commission of the City of Orange at a regular meeting thereof held on the 20th day of May 2024, by the following vote: AYES : Simpson, Vej ar, Maldonado, McCorma ck, Y azquez NOES: None ABSENT: Martinez, Tucker Anna Pehoushek Assistant Community Development Director