RES-9003 Authorizing Sale of Real Property for Redevelopment ProjectRESOLUTION NO, 9003
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ORANGE
AUTHORIZING THE SALE OF PROPERTY BY THE ORANGE
REDEVELOPMENT AGENCY TO CLM LLC, A CALIFORNIA
LIMITED LIABILITY COMPANY, IN ACCORDANCE WITH A
DISPOSITION AND DEVELOPMENT AGREEMENT BY AND
BETWEEN THE ORANGE REDEVELOPMENT AGENCY AND CLM
LLC FOR REDEVELOPMENT OF A SITE WITHIN THE BLOCK
BOUNDED BY CULVER AVENUE, MAIN STREET, LA VETA AVENUE
AND ALPINE ROAD IN THE SOUTHWEST REDEVELOPMENT
PROJECT; AND APPROVING THE SALE OF SURPLUS PROPERTY
LOCATED AT THE NORTHEAST CORNER OF LA VETA AVENUE
AND ALPINE ROAD FROM THE CITY OF ORANGE TO THE ORANGE
REDEVELOPMENT AGENCY
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 (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
ofthe State of California) (the "CRL"); and
WHEREAS, on November 20, 1984, the City Council of the City of Orange adopted
Ordinance No. 37-84 approving the Redevelopment Plan for the Southwest Redevelopment
Project,which Redevelopment Plan was amended (i) on July 15, 1986 by Ordinance No. 37-84, (ii)
on July 5, 1988 by Ordinance No. 24-88, (iii) on November 22, 1994 by Ordinance No. 22-
94, and (iv) on July 7, 1996 by Ordinance No. 17-96 (collectively referred to
herein as the "Redevelopment Plan"),thereby authorizing the Agency to administer the
Redevelopment Plan for the Southwest Redevelopment
Project (the "Redevelopment Project"); and WHEREAS, the Agency is engaged in activities necessary to
carry out and implement the Redevelopment Plan
for the Redevelopment Project; and WHEREAS, as authorized by Section 33396 of the Health
and Safety Code, the City Council desires to convey to the Agency that certain City-
owned real property (the "City Property")located at the northeast comer of Alpine Road and La Veta
Avenue, subject to the terms and conditions set forth in the proposed Agreement for the Sale
of Property (the "Sale Agreement") by and between the City and the Agency all for the
purpose of implementing the Redevelopment Plan for the Southwest Redevelopment Project Area. The City
Property is more particularly described in Exhibit"
A" to the Sale Agreement; and WHEREAS, this City Council finds and detennines that the
sale of the City Property is categolically exempt from the provisions of CEQA under
Section 15312
WHEREAS, on June 25, 1996, in accordance with the CRL and the California
Envirorunental Quality Act (California Public Resources Code Section 21000 et seq.:
CEQA"), the Agency certified the Final Envirorunental Impact Report for the Third
Amendment to the Redevelopment Plan for the Southwest Redevelopment Project (herein
referred to as the "Final EIR"), which Final EIR examined the impacts associated with the
demolition and removal of ten housing units and the anticipated development of a 4.28 acre
site (the "Development Site") with a shopping plaza structure consisting of a maximum of
93,218 square feet of general commercial uses and parking of 280 to 466 spaces; and
WHEREAS, Section 15164 of the State CEQA Guidelines provides a way for the
Agency to update, amplifY and make changes or additions to a previously certified
environmental impact report in situations where a subsequent envirorunental impact report is
not required. According to Section 15164, the Agency must prepare an "addendum" to the
Final EIR "if some changes or additions are necessary but none of the conditions described in
Section 15162 calling for the preparation of a subsequent EIR have occurred"; and
WHEREAS, the Agency has prepared an Addendum to the Final EIR (the
Addendum") for the proposed Project; and
WHEREAS, in accordance with Sections 15096, 15164 and 15168(c) of the State
CEQA Guidelines, the City, as a "responsible agency" under CEQA, has independently
considered the Final EIR with the Addendum approved by the Agency on September 8, 1998
and finds and determines that:
a) none of the conditions set forth in Section 15162 of the State CEQA Guidelines
calling for the preparation of a supplement to the Final EIR have occurred; and
b) only minor technical changes in the Final EIR were necessary to make the Final EIR
adequate, and the changes raised in the Addendum did not raise important new issues
about significant effects on the environment.
This finding is based upon the record of the joint public hearing, the reasons expressed
herein, the Addendum and the Final EIR, and the fact that the redevelopment of the
Development Site in accordance with the DDA is within the scope of the redevelopment concept
for the Development Site under the previously approved Third Amendment to the
Redevelopment Plan for which the Final EIR was prepared and certified; and
WHEREAS, City Council finds and determines that the City Property is surplus to the
City's needs and not needed for any other public purpose and that its sale to the Agency is for the
common benefit of the City's citizens; and
WHEREAS, as authorized by Section 65402 of the Government Code, the City Council
finds and determines that the City Property consists of the remainder of a larger parcel which was
acquired and used in part for street purposes and that, accordingly, a report by the Plmming
Commission indicating that the disposition of the City Property conforms with the City's General
Plan is not required; and
Reso No. 9003
2
WHEREAS, the Sale Agreement has been prepared and submitted, providing for the
convey~mce of the City Property from the City to the Agency for the purchase price and upon the
terms stated therein; and
WHEREAS, as further authorized by Section 33396 of the CRL, the Agency proposes to
enter into a Disposition and Development Agreement (the "DDA") with CLM LLC, a California
limited liability company (the "Developer"), for the subsequent sale of the City Property, together
with celiain Agency-owned real property, to the Developer. The Agency-owned real
property is more particularly described in the DDA (the "Agency
Property"); and WHEREAS, the terms and conditions of the DDA with the Developer call for
the proposed redevelopment of property generally bounded by Culver Avenue on the n0l1h, Main Street
on the east, La Veta Avenue on the south, and Alpine Road on the west (the "
Development Site"),consisting of the demolition of nine single family residential homes and
existing commercial retail buildings and the development on the Development Site of approximately 44,
250 square feet of retail/commercial/restaurantJoffice uses in four or five buildings, including
a 24-hour pharmacy with a drive-through lane (with incidental sales of alcoholic
beverages) and two fast food restaurant buildings (each with a drive-through lane
operating 24
hours each day)Project"); and WHEREAS, Section 33433 of the CRL requires the City Council
to approve the sale of real property owned by the Agency prior to the disposition thereof by
the Agency to a developer for development
pursuant to the redevelopment plan.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 Section 33431
of the CRL on the sale by the Agency of the Agency Property and the City Property,
which is located within the bound31ies of the Redevelopment Project, in accordance with and
subjectto the terms and condi!lc~s of the DDA for development and maintenance of
the Property pursuant to
the Rede\ "oment Plan; and WHEREAS, this City Council has duly considered all of the
terms and conditions of the propoc'2cl sale of the Agency Property and the City Property and believes that
the sale of the City Property to the Agency and the development thereof, along with
the balance of the Development Site, pursuant to the DDA 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, BE IT RESOLVED by the City Council of
the
City
of
Orange as follows I.correct.The City Council finds and determines that the
foregoing recitals are true and 2. The City Council finds and determines that the sale
of the Property is categorically exempt from the provisions of CEQA under Section 15312 of
Ihe Slate CEQA Guidelines and,accordingly, hereby authorizes and directs the City Clerk to file a
Notice of Exemption
with the Orange
County
3. The City Council hereby finds and determines that the Property is not needed for the
purpose for which it was acquired or for any other public purpose and is, therefore, surplus real
property.
4. This City Council hereby authorizes and directs that the Property be sold to the
Orange Redevelopment Agency in accordance with the tenns and provisions of the Sale Agreement
by and between the City and the Agency, and hereby authorizes and directs the Mayor to execute
the Sale Agreement and to deliver all documents and take all other actions necessary and
appropriate to carry out, implement and administer the City's obligations, responsibilities and duties
to be performed thereunder.
5. This City Council hereby finds and determines that the tenns and provisions of the
DDA b<:tween the Agency and the Developer, with respect to the development of the Project, in the
form submitted and executed by the Developer, are approved and that the Agency is hereby
authorized to sell the City Property and the Agency Property to the Developer in accordance with
the terms and conditions of the DDA.
ADOPTED this 8th day of September, 199??
t~d iftl-
h-- "1yor Joanne
Coontz
j
l/
ATTEST:e~
r I 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
September,1998, by the following
vote:AYES: COUNCIL MEMBERS: MURPHY, SLATER, COONTZ,
ALVAREZ lOES: COUNCIL MEMBERS:
NONE ABSENT: COUNCIL MEMBERS:
SPURGEON ABSTAIN: COUNCIL MEMBERS:
NONE Reso No.
9003