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