HomeMy WebLinkAbout2024 PC 17-24 THE ORANGE JCP PROJECT OWNER, LLCRESOLUTION NO. PC 17-24
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ORANGE DENYING APPEAL NO. 0565,4 AND AFFIRMING TTM
DECISION OF THE COMMUNITY DEVELOPMENT DIRECTOR
UNDER SECTTON 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 notiff 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 lncompleteness") 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:
i. 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 20th day of May,2024.
David uez, Chair, City
I hereby certit/ that the foregoing Resolution was adopted by the Planning Commission of
the City of Orange at a regular meeting thereof held on the 20ft day of May 2024, by the following
vote:
AYES:
NOES:
ABSENT:
S impson, Vej ar, Maldonado, McC orma ck, Y azquez
None
Martinez, Tucker
Anna Pehoushek
Assistant Community Development Director