TO: Chair and Members of the Planning Commission
FROM: Anna Pehoushek, Assistant Community Development Director
1. Subject
title
A request for a time extension to project entitlements for the Old Towne Gateway development, 401 W. Chapman Avenue (Major Site Plan Review No. 1013-20, Tentative Parcel Map No. 0017-20, Design Review No. 5011-20 and Development Agreement No. 0008-22), a project already found to be exempt from CEQA.
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2. Summary
The applicant is requesting a two-year extension to project entitlements for the Old Towne Gateway development that included historic building rehabilitation, construction of two new commercial buildings, a pedestrian paseo, and related site improvements at 401 W. Chapman Avenue.
3. Recommended Action
recommendation
Approve a two-year extension for Major Site Plan Review No. 1013-20, Tentative Parcel Map No. 0017-20, Design Review No. 5011-20 and Development Agreement No. 0008-22 for historic building rehabilitation, construction of two new commercial buildings, a pedestrian paseo, and related site improvements at 401 W. Chapman Avenue.
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4. AUTHORIZING GUIDELINES
Upon written request from the applicant prior to expiration, Orange Municipal Code (OMC) Section 17.08.060 authorizes the Planning Commission to grant up to a two-year extension of time for any approved permit application, upon presentation of extenuating circumstances, subject to the contingency that no conditions are added, deleted, or modified. Such time extensions shall not require public notice.
5. background AND DISCUSSION
On October 17, 2022 the Planning Commission conducted a public hearing and adopted Resolution No. PC 28-22 recommending City Council approval of Major Site Plan Review No. 1013-20, Tentative Parcel Map No. 0017-20, Design Review No. 5011-20 and Development Agreement No. 0008-22 for the rehabilitation of two historic buildings, demolition of non-historic structures, construction of two new commercial buildings, and related site improvements at 401 W. Chapman Avenue (Attachments 6-8). A Development Agreement for the dedication and creation of a public paseo providing mid-block access through the site connecting to Depot Park and the Orange Transportation Center was also included in the entitlements.
On November 15, 2022 the City Council conducted a public hearing and approved the First Reading of Ordinance No. 08-22 for the Development Agreement and Resolution No. 11421 for the development project. The Second Reading of the Ordinance was approved on December 13, 2022 (Attachments 2-5).
Condition of Approval #9 of the Resolution states that the entitlement shall become void if not vested within two years from the date of approval. However, time extensions may be granted for up to two years, pursuant to OMC Section 17.08.060. Based on this Condition of Approval, the entitlements were set to expire in December 2024. On November 5, 2024 the applicant filed a request for a time extension of the project entitlements. If approved, the time extension would expire on December 13, 2026. No changes have been proposed to the approved entitlements or plans.
7. public notice
None required for the extension.
9. environmental review
The proposed project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) per State CEQA Guidelines 15331 (Class 31 - Historical Resource Rehabilitation/Restoration) and 15332 (Class 32 - Infill Development Projects). The structures on the site have been closely evaluated in the Cultural Resource Assessment and Addendum, with the buildings confirmed as contributors to the historic district planned for restoration and rehabilitation. While the assorted structures constructed outside of the period of significance for the historic district are over 50 years old, their modifications, dates of construction, and characteristics do not support their classification as contributors to the historic district. As non-contributors, their demolition does not represent an adverse effect on the historic district.
Technical studies were prepared related to traffic, noise, air quality, energy, greenhouse gas emissions, and water quality to evaluate whether the proposed project qualifies for a Categorical Exemption from the California Environmental Quality Act (CEQA). The studies found no impact to these environmental issues. The Technical Report concluded that the proposed project is categorically exempt from the provisions of CEQA per State CEQA Guidelines 15332 (Class 32 - Infill Development Projects) because the project site is less than 5 acres in size, is located in an urbanized area served by infrastructure, and on a site where the General Plan and zoning allow the proposed uses. No environmental public review is required. The Planning Commission and City Council made this finding of CEQA exemption at the time of each of their actions on the entitlements.
11. ATTACHMENTS
• Attachment 1 Extension Request Letter
• Attachment 2 City Council Resolution No. 11421
• Attachment 3 Ordinance No. 08-22
• Attachment 4 City Council Staff Report, November 15, 2022 (without attachments)
• Attachment 5 City Council Minutes, November 15, 2022
• Attachment 6 Planning Commission Resolution No. PC 28-22
• Attachment 7 Planning Commission Staff Report, October 17, 2022 (without attachments)
• Attachment 8 Planning Commission Minutes, October 17, 2022
• Attachment 9 Approved Project Plans