RES-ORA-0502 Approval of Owner Participation Agreement ATC Development LLCRESOLUTION NO.ORA-
0502 A RESOLUTION OF THE
ORANGE REDEVELOPMENT AGENCY APPROVING
AN OWNER PARTICIPATION AGREEMENT
WITH ATC DEVELOPMENT, LLC, RELATING
TO REDEVELOPMENT OF VACANT
PROPERTY GENERALLY LOCATED ON THE SOUTH SIDE
OF WEST CHAPMAN AVENUE, EAST OF
RAMPART STREET IN THE ORANGE MERGED
AND AMENDED REDEVELOPMENT PROJECT
AREA.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 herein
referred to as the CRL);
and 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 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. 21-01, 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, consisting of 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
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, east of Rampart Street (the Participant's Parcels) and, therefore, qualifies
as an "owner participant" under Section 33339 of the CRL and the Redevelopment Plan; and
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. (CEQA)), 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, as a "responsible agency" under
CEQA and in accordance with Section 15096 of the State CEQA Guidelines,
the Agency has independently reviewed and considered the Mitigated Negative Declaration and finds
and determines that none of the conditions set forth in Section 15162 of the State
CEQA Guidelines calling for the preparation of a supplement to the Mitigated Negative Declaration have
occurred; to wit, no new effects could occur or no new mitigation measures are required in
connection with the sale of the Agency Parcels to the Participant and the redevelopment of the
Site with the Project pursuant to the OPA, and potentially significant environmental effects
have been reduced to an acceptable level in that all significant environmental effects
have
been
WHEREAS, after publication of notice as required by law, a joint public hearing has
been duly held by this Board of Directors and the City Council 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 Board of Directors has duly considered all terms and conditions of
the OPA and believes that the conveyance of the Agency Parcels to the Participant and
development of the Site pursuant to the OPA is in the best interest 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, and that such activities
promote the objectives of the CRL, as well as the Redevelopment Plan for the
Redevelopment Project Area.
NOW, THEREFORE, the Board of Directors of the Agency, 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 Mitigated Negative Declaration was presented to the members of the Board
of Directors of the Agency and they have independently reviewed and considered the
information contained therein prior to taking any action to approve or conditionally approve the
OPA and any other actions, proceedings and matters related thereto.
3. That the Project described in the Mitigated Negative Declaration and the OPA
does not involve new environmental impacts not covered in the Mitigated Negative
Declaration and would have no significant effect on the environment except as identified and
considered in the Mitigated Negative Declaration.
4. That for the Project described in the Mitigated Negative Declaration and the
OPA, it is neither necessary nor required that a subsequent or supplemental negative declaration
or environmental impact report be prepared.
5. Accordingly, the Agency Clerk is hereby authorized and directed on behalf of
the Agency to file with the Clerk of Orange County a Notice of Determination in accordance
with Section 15096(1) of the State CEQA Guidelines.
6. 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 Board of Directors and in the summary report required by Section 33433 of
the CRL.
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7. 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.
8. 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 Chairman is authorized to execute,
and the Agency Clerk to attest, the OPA on behalf of the Agency. A copy of the OPA,
when executed by both parties, shall be placed on file in the office of the Agency Clerk.
9. Except as may otherwise be provided in the OPA, the Executive Director is
hereby authorized and directed to execute on behalf of the Agency all documents necessary
and appropriate to carry out and implement the OPA and to administer the Agency's
obligations, responsibilities and duties to be performed thereunder.
ADOPTED this 25th day of August, 2009.
ATTES'~i
wlary E urp ency Clerk
I hereby certify that the foregoing Resolution was duly and regularly adopted by the
Orange Redevelopment Agency at a regular meeting thereof held on the 25th day of August,
2009, by the following vote:
AYES: DIRECTORS: Smith, Murphy, Cavecche, Dumitru, Bilodeau
NOES: DIRECTORS: None
ABSENT: DIRECTORS: None
ABSTAIN: DIRECTORS: None
Mary E. y, Agency C
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