RES-ORA-0380 Commercial Rehabilitation Loan Agreement Orange Empire Resales, Inc.RESOLUTION NO. ORA-
0380 A RESOLUTION OF THE
ORANGE REDEVELOPMENT AGENCY APPROVING
AND AUTHORIZING THE EXECUTION OF
A COMMERCIAL REHABILITATION
LOAN AGREEMENT BY AND BETWEEN THE
AGENCY AND ORANGE EMPIRE RESALES, INC.,
AND MAKING CERTAIN FINDINGS IN
CONNECTION
THEREWITH WHEREAS, the Orange Redevelopment Agency (the "Agency"), a public body,
corporate and politic, established pursuant to and existing under the California Commwlity
Redevelopment Law (Health and Safety Code Section 33000 et seq.), was created by the City Council ofthe City
of Orange (the "City");
and WHEREAS, the Agency is undertaking activities necessary for the implementation of
the Redevelopment Plan (the "Redevelopment Plan") for the Northwest Redevelopment
Project approved and adopted by Ordinance No. 22-88 ofthe City Council of the City on June 28,
1988, and amended by Ordinance No. 23-94 on November
8, 1994; and WHEREAS, Orange Empire Resales, Inc. (doing business as "
Daewoo of Orange"),a California corporation ("Participant"), leases an approximately two (2) acre
site within the boundaries of the Northwest Redevelopment Project (the "Project Area") commonly
known as 210 West Katella Avenue (the "Site") and has continuously operated a business
selling wholesale and used automobiles from the Site
since 1994; and WHEREAS, pursuant to the authorization set forth in Section 33444.5
of the Community Redevelopment Law, the Agency established the Automotive
Dealership Rehabilitation Program the "Program") on May 23, 2000, by the adoption of Resolution
No. ORA-0371; and WHEREAS, in accordance with the Program, the Participant has
submitted to the Agency copies of a proposed Commercial Rehabilitation Loan Agreement (
the "Agreement") that facilitates the Participant's rehabilitation of the existing buildings and structures
of the old automobile dealership upon the Site; the Agency recognizes that rehabilitation of
the buildings and structures upon the Site will facilitate the effectuation of the Redevelopment Plan and
achieve its purposes; and WHEREAS, in order to carry out and implement the
Redevelopment Plan, the Agency proposes to enter into the proposed Agreement with the Participant for
the redevelopment ofthe Site in accordance with
WHEREAS, in accordance with Sections 33333.3 and 33352(k) of the Community
Redevelopment Law, the California Environmental Quality Act (California Public Resources Code
Section 21000 et seq.: "CEQA"), the State CEQA Guidelines (Title 14, California Code of
Regulations Section 15000 et seq.), and procedures adopted by the Agency relating to environmental
evaluation of public and private projects, the Agency caused an environmental :impact report ("EIR")
to be prepared to identify and analyze the potential environmental impacts assoGiated with public and
private activities undertaken to implement the Redevelopment Plan within the Project Area; and
WHEREAS, the Agency Board, as the "lead agency" under CEQA, certified the Final EIR
for the Redevelopment Plan; and
WHEREAS, CEQA Section 21090 provides that all public and private actlVltIes or
undertakings pursuant to, or in furtherance of, a redevelopment plan shall be deemed to be a single
project; amplifying this, Section 15180 of the CEQA Guidelines provide:s that an EIR on a
redevelopment plan shall be treated as a program EIR with no subsequent EIRs required for
individual components of the redevelopment plan unless a subsequent EIR or a supplement to an
EIR would be required by Section 15162 or 15163 of the CEQA Guidelines; and
WHEREAS, pursuant to Section l5l68( c) of the CEQA Guidelines, Agency staff reviewed
the Participant's plan for the redevelopment of the Site according to the Agn:ement in light of the
program Final EIR for the Redevelopment Plan in order to determine whether any additional
environmental document needed to be prepared for the Agreement and the actions provided for
therein; and
WHEREAS, the Agency staffs review indicates that the Agreement lis within the scope of
the Redevelopment Plan and the previously certified Final EIR for the Redevelopment Plan; and
WHEREAS, Section 15301 of the CEQA Guidelines provides that the repair, minor
alteration, and leasing of existing private structures and facilities is exempt from the application of
CEQA pursuant to a "Class I" Categorical Exemption, and Section 15332 ofthe CEQA Guidelines
provides that projects characterized as in-fill development meeting the conditions described
therein are exempt from the application ofCEQA pursuant to a "Class 32" Categorical Exemption;
and WHEREAS, the Agency staffs review of the Participant's plan for the redevelopment of
the Site according to the Agreement in light of Sections 15301, and 15332 of the CEQA
Guidelines indicates that the Agreement is within the scope of those (and other) Sections;
and WHEREAS, at its December 12th, 2000, regular public meeting, the Agency reviewed
and evaluated the proposed Agreement; staff reports prepared on this matter; and all ofthe
information,testimony, and evidence presented during the meeting;
WHEREAS, all actions required by all applicable law with respect to the proposed
Agreement have been taken in an appropriate and timely marmer; and
WHEREAS, the Agency has duly considered all terms and conditions of the proposed
Agreement and believes that the redevelopment of the Site pursuant thereto is iin the best interests of
the City and the health, safety, and welfare of its residents, and in accord with the public purposes
and provisions of applicable state and local laws and requirements.
NOW, THEREFORE, BE IT RESOLVED by the Orange Redevdopment Agency as
follows:
Section I. The Agency hereby finds and determines, based upon substantial evidence
provided in the record before it:
A. That the Agency has received and heard all oral and written objections to the
proposed Agreement and to the proposed redevelopment ofthe Site in connection therewith
and to any other matters pertaining to this transaction, and that all such oral and written
objections are hereby overruled.
B. That the Agreement implements the Redevelopment Plan and Program
because the redevelopment of the Site by the Participant will assist in the alleviation of
blighting conditions inside the Project Area.
C. That in accordance with the requirements of CEQA and the CEQA
Guidelines, the Agency has independently considered the previously ce:rtified program Final
EIR for the Redevelopment Plan and finds and determines that,
1. Pursuant to CEQA Section 21090 and Section 15180 of the CEQA
Guidelines, the Agreement represents public and private activities or undertakings
pursuant to, or in furtherance of, the Redevelopment Plans for the Project Area for
which the program Final EIR for the Redevelopment Plan was approved and
certified.
2. Pursuant to Section 15162 of the CEQA Guidelines, no new effects
could occur or no new mitigation measures are required in connection with the
Agency's approval of the Agreement so as to require the Agem:y to prepare either a
subsequent EIR or a supplemental EIR. The Agreement requires any development of
the Site to be carried out in compliance with the Redevelopment Plan for which the
program Final EIR was previously prepared, approved and certified. The Agreement
facilitates the redevelopment of certain previously developed blighted urban property
in implementation of the Redevelopment Plan, and the potential significant
environmental effects of such redevelopment was analyzed in the program Final EIR
and (in some cases) identified therein as mitigation measures for the Redevelopment
Plan.
3. The approval of the Agreement will not have any potential for causing
a significant effect on the environment and is exempt from the application ofCEQA
pursuant to Sections 15301 (Class I Categorical Exemption) and 15332 (Class 32
Categorical Exemption) of the CEQA Guidelines. The Participant's redevelopment
of the Site in accordance with the Agreement must conform to the requirements of
the Redevelopment Plan for which the prior program Final EIR was prepared and
certified.
The foregoing findings are based upon the administrative record for the Agreement, the reasons
expressed herein, the previously approved and certified program Final EIR for the Redevelopment
Plan, and the fact that the Agreement requires the Participant to cause the Site and the existing
building thereon to be redeveloped in accordance with the previously approved Redevelopment Plan
and the Program.
Section 2. The Agency's Executive Director is hereby authorized to execute the
Agreement on behalf of the Agency. A copy of the Agreement when executed by the Executive
Director shall be placed on file in the office of the Agency Clerk.
Section 3. Upon execution of the Agreement on the Agency's behalf by its Executive
Director, the Agency's Assistant Executive Director (or her designee), is authorized, on behalf ofthe
Agency, to approve and/or sign all documents necessary and appropriate to carry out and implement
the Agreement, and to administer the Agency's obligations, responsibilities and duties to be
performed under the Agreement and related docnments.
Section 4. The Agency Clerk shall certify to the adoption of this Resolution and Agency
staff shall cause any notice provided for under CEQA Section 21152 to be filed in accordance with
the requirements of Section 21152.
Section 5.The effective date of this Resolution shall be the date of its adoption.
ADOPTED this 12th day of December, 2000.
ge Redevelopment Agency
ATTEST:
I rk, Orange Redevelopment Agency
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 12th day of December,
2000 by the following vote:
AYES: DIRECTORS:
NOES: DIRECTORS:
ABSENT: DIRECTORS:
ABSTAIN: DIRECTORS:
COONTZ, SLATER, DrRECTOR MURPHY, ALVAREZ
NONE
NONE
NONE
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Orange Redevelopment Agency
n:econdev:Reso:0380