RES-10474 Authorization for Revocation of Major Site Plan ReviewRESOLUTION NO. 10474
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ORANGE APPROVING AND
AUTHORIZING REVOCATION OF MAJOR SITE
PLAN REVIEW 297-03, MAJOR SITE
PLAN REVIEW 300-03, CONDITIONAL USE
PERMIT NO.2462-03, CONDITIONAL USE
PERMIT NO. 2463-03,AND CONDITIONAL
USE PERMIT NO. 2461-03 FOR
A RETAIL SHOPPING CENTER COMMONLY KNOWN
AS THE BLOCK AT ORANGE.WHEREAS, the City of Orange (the "City")
is a municipal corporation, which exercises governmental functions and powers and is organized and
existing under the laws
of the State of California.WHEREAS, in 2003, Orange City Mills
Limited Partnership, a Delaware limited partnership ("OCMLP") applied to the City for certain
entitlements for the purpose of seeking to enhance the vitality of an
entertainment/retail commercial shopping center commonly known as "The Block at Orange" (herein referred
to as the "Shopping Center")with the following uses (herein referred to
collectively as the "Expansion Uses"):i) the demolition of existing Building F
and its replacement with approximately 35,000 square feet of gross leasable retail area
beneath 84 apartment dwelling units;ii) the construction of an apartment
project consisting of approximately 416 units, including parking for both the apartment project and
the apartment units to be developed as part of the
aforementioned replacement of Building F;iii) the construction of aparking structure consisting of
1,211 parking spaces to replace those parking spaces to be displaced by the
apartment project and to offer additional parking spaces
to serve the Retail Center;iv) the construction of a 175-room
hotel and an adjacentparking structure consisting
of approximately 1,266 parking spaces;v) the construction of a 125-
room hotel and an adjacent parking structure
consisting of approximately 961 parking spaces; and vi) the construction of two new
commercial retail buildings consisting of a total of approximately 120,
WHEREAS, on February 10, 2004, the City Council of the City of Orange approved
the following entitlements for the Expansion Uses (herein referred to as the "Expansion Uses
Entitlements"):
i) Major Site Plan Review 300-03, authorizing OCMLP to develop a portion
of the Retail Center with a 1,211-space
parking structure;ii) Conditional Use Permit No. 2462-03, authorizing OCMLP
to develop a portion of the Retail Center with
a 175-room hotel;iii) Conditional Use Permit No. 2463-03,
authorizing OCMLP to develop a portion of the Retail Center
with a 125-room hotel; and iv) Conditional Use Permit No. 2461-
03 and Major Site Plan Review 297-03,authorizing OCMLP to develop a
portion of the Retail Center with 500 apartment units
and 35,000 sq. ft. of commercial uses.WHEREAS, in order to give
assurance to OCMLP that, upon approval of the Expansion Uses, it would be able to
proceed with the Expansion Uses in accordance with existing policies, rules and regulations,
and subject to conditions of approval, the City Council adopted Ordinance No. 04-04 on
February 24, 2004 for the purpose of approving a Development Agreement by and between
OCMLP and the City, the original of which was recorded on July 6, 2004 as
Instrument No. 2004000610769 in the Official Records of the County of Orange, State
of California (herein referred to as the "Development Agreement").WHEREAS, on December
13, 2005, the City Council approved modifications to the Expansion Uses
Entitlements, including modifications of Conditional Use Permit No. 2461-03 and Major Site Plan Review
No. 300-03 that would allow, among other things, the construction of a parking structure
consisting of not more than 1,722 parking spaces, 403 condominium units and related parking
to be constructed in lieu of 500 apartment units, the reorientation of one of the
proposed hotels, and the reconfiguration of an entryway road from
Metropolitan Drive (herein referred to as the "Modified Expansion Uses").WHEREAS, by the adoption
of Ordinance No. 17-05 on January 24, 2006, the City Council of
the City of Orange approved that certain Amended and Restated Development Agreement by and between the
City of Orange and OCMLP, which was intended to vest the Modified
Expansion Uses, replace the Development Agreement, and reflect the agreement of the City
and OCMLP to the amendment and restatement of the Development
Agreement WHEREAS, due to market factors and various circumstances including the withdrawal of the
condominium project developer, a change in the ownership and control of OCMLP, and a change
in the ownership of the property adjoining the Retail Center affected by the
approved Modified Expansion Uses, OCMLP determined that it could not proceed with the Modified Expansion Uses
and, therefore, did not execute and deliver to the City the Amended
and Restated Development Agreement and other related documents that had been approved
by the City Council and
the
WHEREAS, in light of the fact that OCMLP did not execute and deliver to the City
the Amended and Restated Development Agreement, OCMLP and the City entered into that
certain Operating Memorandum to Development Agreement, dated December 12, 2007
herein referred to as the "Operating Memorandum") for the purpose of determining that: (i)
the modifications of Conditional Use Permit No. 2461-03 and Major Site Plan Review
No.300-03 were not viable and, therefore, not applicable to the Retail Center, (ii)
the original Development Agreement and the Expansion Uses Entitlements that were approved
by the City Council in connection therewith in 2004 constituted the development
standards and restrictions governing the use and development of the Retail Center in accordance
with the terms of the Development Agreement, and (iii) the original Development
Agreement gave OCMLP and its successors and assigns the vested right to develop the Expansion
Uses in accordance with the terms of the
Development Agreement.WHEREAS, the current owners of the Retail Center (i. e., OCMLP and
Orange City Mills II Limited Partnership, a Delaware limited partnership, and Orange City
Mills III Limited Partnership, a Delaware limited partnership and herein referred to collectively
as the Owner") have made application to the City for a Major Site Plan Review
to construct approximately 105,000 square feet of new retail/restaurant uses and a Conditional
Use Permit to allow valet parking at the Retail Center. As part of its application, the
Owner has requested the cancellation of the Development Agreement and the revocation
of the Expansion
Uses Entitlements.WHEREAS, in accordance with State and local law, on April 19, 2010,
the Planning Commission conducted a duly noticed public hearing on the proposed cancellation
of the Development Agreement and revocation of the Expansion Uses Entitlements
and reviewed and considered the information presented by City staff and public testirriony, and, by
a vote of not less than a majority of its total membership, recommended City Council
approval of cancellation of the Development Agreement and the revocation of the
Expansion
Uses Entitlements.WHEREAS, in accordance with State and local law, on June 8, 2010,
the City Council conducted a duly noticed public hearing on the proposed cancellation
of the Development Agreement and revocation of the Expansion Uses Entitlements
and considered the information presented by City staff and public testimony
regarding same.WHEREAS, following the public hearing on June 8, 2010, the
City Council introduced and read for the first time Ordinance No. 09-10 for the purpose
of approving the cancellation of the Development Agreement pursuant to the procedures
described in Section 65868 of the California Government Code and Chapter 17.44 of the
Orange Municipal Code.Upon the adoption of Ordinance No. 09-10 following its second reading
by the City Council,said ordinance authorizes and directs the City Manager to execute on behalf
of the City and thereafter record, or cause to be recorded, in the Official Records of
the County of Orange,State of California, a "Notice of Cancellation and Release
of Development Agreement" in order to reflect the agreement of the City and OCMLP
to cancel the Development Agreement. Said document shall be recorded following the effective
date
WHEREAS, in response to the request of the Owner, the City Council finds and
determines that the Expansion Uses Entitlements should be revoked.
NOW, THEREFORE, the City Council of the City of Orange resolves, finds and
determines, on the basis of the facts set forth in the agenda report presented to it and any
testimony received at the meeting at which this matter was considered, as follows:
1. The foregoing recitals are true and correct.
2. The Expansion Uses Entitlements are hereby revoked and shall terminate,
expire and have no further force or effect and shall be released from the Retail Center,
effective following adoption of Ordinance No. 09-10 and the subsequent recordation of
the aforementioned Notice of Cancellation and Release of Development Agreement in
the Official Records of the County of Orange, State of California in accordance with the terms
of Ordinance No.
09-10.ADOPTED this 8th day of
June,
2010
ATTEST:C.Mary x iy, City Clerk,
City Orange I, MARY E. MURPHY, City Clerk of the City of Orange, California,
do hereby certify that the foregoing Resolution was duly and regularly adopted by the City
Council of the City of Orange at a regular meeting thereof held on the 8th day of June, 2010,
by the
following vote:AYES: COUNCILMEMBERS: Murphy, Cavecche,
Dumitru, Bilodeau NOES:
COUNCILMEMBERS: None ABSENT:
COUNCILMEMBERS: None ABSTAIN (RECUSED):
COUNCILMEMBERS: Smith Mary E. City Clerk,
Cit