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RES-10402 Authorization of Sale of Real Property to ATC Development, LLCRESOLUTION NO. 10402 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ORANGE AUTHORIZING THE SALE OF REAL PROPERTY BY THE ORANGE REDEVELOPMENT AGENCY TO ATC DEVELOPMENT, LLC, IN ACCORDANCE WITH THE TERMS OF AN OWNER PARTICIPATION AGREEMENT BY AND BETWEEN THE ORANGE REDEVELOPMENT AGENCY AND ATC DEVELOPMENT, LLC. 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; and WHEREAS, the Orange Redevelopment Agency, a public body, corporate and politic the Agency), has been duly created, established and authorized to transact business and exercise its powers under and pursuant to the Community Redevelopment Law (commencing with Section 33000 of the Health and Safety Code of the State of California and hereinafter referred to as the CRL); and WHEREAS, the Amended and Restated Redevelopment Plan (the Redevelopment Plan) for the Orange Merged and Amended Redevelopment Project Area (the Redevelopment Project Area) was duly approved by the Orange City Council on November 27, 2001 by Ordinance No. 21-O1, pursuant to the CRL; and WHEREAS, the Agency is engaged in activities necessary to carry out and implement the Redevelopment Plan for the Redevelopment Project Area; and WHEREAS, ATC Development, LLC (the Participant), has proposed to enter into an Owner Participation Agreement (the OPA) with the Agency, pursuant to which the Agency would convey to the Participant certain Agency-owned real property in the Redevelopment Project Area consisting of two non-contiguous parcels of unimproved real property totaling approximately 4,603 square feet (collectively, the Agency Parcels) for redevelopment by the Participant, along with the Participant's Development Parcels (as hereinafter defined), as the Orange Gateway" center, consistingof a 2,510 (approximate) square foot stand-alone building intended for operation as a fast food restaurant with drive thru (i.e., Jack in the Box, or other nationally or regionally recognized restaurant operator), a 7, 000 (approximate) square foot mixed-retail/commercial building, 72 surface parking stalls and enhanced landscaping (the Project); and WHEREAS, the Participant owns certain real property in the Redevelopment Project Area adjacent to the Agency Parcels and generally located on the south side of West Chapman Avenue, eastof Rampart Street (the Participant' s Parcels) and, therefore, qualifies as an "owner participant" under Section 33339 of the CRL WHEREAS, the Participant desires to convey one of the Participant's Parcels, referred to as the "Water Well Parcel", to the Agency, subject to the terms and conditions of the OPA, for eventual conveyance to the City; and WHEREAS, the Participant's Parcels other than the Water Well Parcel shall be referred to herein collectively as the "Participant's Development Parcels"; and WHEREAS, the Participant's Development Parcels and the Agency Parcels, referred to herein collectively as the "Site", total approximately 1.67 acres; and WHEREAS, the Participant has executed and submitted to the Agency copies of the OPA in a form that is acceptable to the Participant, which provides for the conveyance of the Agency Parcels from the Agency to the Participant for the purchase price and upon the terms stated therein and calling for the proposed redevelopment of the Site with the Project; and WHEREAS, as the "lead agency" under the California Environmental Quality Act California Public Resources Code Section 21000 et seq.), and pursuant to the authority granted to it by the Orange Municipal Code, the Planning Commission of the City of Orange heretofore considered the proposed Project and Mitigated Negative Declaration No. 1804- 08 the Mitigated Negative Declaration), which was prepared in connection therewith, finding that, with the imposition of identified mitigation measures, the Project would not have a significant effect on the environment; and WHEREAS, the Planning Commission adopted the Mitigated Negative Declaration and approved Major Site Plan Review No. 0557-08, Conditional Use Permit No. 2724-08,Zone Change No. 1251-08 and Design Review Committee No. 4368-08 for the Project by the adoption of Resolution No. PC 28-09; and WHEREAS, after publication of notice as required by law, a joint public hearing has been duly held by this City Council and the Agency in accordance with Sections 33431 and 33433 of the CRL on the proposed OPA, including, without limitation, the proposed sale of the Agency Parcels in accordance with the terms and provisions thereof; and WHEREAS, this City Council has duly considered all of the terms and conditions of the proposed sale of the Agency Parcels to the Participant, as set forth in the OPA, and believes that the sale of the Agency Parcels by the Agency pursuant to the OPA is in the best interests of the City and the health, safety, morals and welfare of its residents, and in accord with the public purposes and provisions of applicable State and local law and requirements.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 2. The sale of the Agency Parcels to the Participant in accordance with the terms and provisions of the OPA will assist in the elimination of blight and is consistent with the Agency's adopted Implementation Plan for the reasons outlined in the agenda report presented to this City Council and in the summary report required by Section 33433 of the CRL. 3. The consideration to be received by the Agency from the Participant for the sale of the Agency Parcels in accordance with the terms and provisions of the OPA is not less than the fair market value at their highest and best use in accordance with the Redevelopment Plan for the Redevelopment Project Area. 4. The terms and provisions of the OPA between the Agency and the Participant, with respect to the development of the Project, in the form submitted and executed by the Participant, are approved, and that the Agency is hereby authorized to sell the Agency Parcels to the Participant in accordance with the terms and conditions of the OPA. ADOPTED this 25th day of August, 2009. yn ~. (~ave~he, Mayor, City of Orange ATTEST: Mary E. y, City Clerk, i 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 25th day of August, 2009, by the following vote: AYES:COUNCILMEMBERS:Smith, Murphy, Cavecche, Dumitru, Bilodeau NOES:COUNCILMEMBERS:None ABSENT:COUNCILMEMBERS:None ABSTAIN:COUNCILMEMBERS:None Mary u ,City Clerk, City Orange