RES-ORA-0345 Disposition and Development agreemnet with CLM, LLCRESOLUTION NO. ORA-
0345 A RESOLUTION OF THE ORANGE REDEVELOPMENT
AGENCY APPROVING (1) A DISPOSITION AND
DEVELOPMENT AGREEMENT WITH CLM LLC, A CALIFORNIA
LIMITED LIABILITY COMPANY, FOR THE REDEVELOPMENT
OF APPROXIMATELY 4.28 ACRES OF LAND BOUNDED BY
CULVER AVENUE, MAIN STREET, LA VETA AVENUE AND ALPINE
ROAD IN THE SOUTHWEST REDEVELOPMENT PROJECT, (2) A
SALE AGREEMENT WITH THE CITY OF ORANGE FOR
THE DISPOSITION OF CITY-OWNED REAL PROPERTY
AT THE NORTHEAST CORNER OF LA VETA AVENUE AND
ALPINE ROAD TO THE ORANGE REDEVELOPMENT AGENCY, AND (
3) AN ADDENDUM TO THE FINAL ENVIRONMENTAL
IMPACT REPORT FOR THE THIRD AMENDMENT TO THE
REDEVELOPMENT PLAN FOR THE SOUTHWEST
REDEVELOPMENT PROJECT 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 Communi~y Redevelopment Law (commencing with Section 33000 of the Health
and Safety Code of the State of California) (the "
CRL"); and WHEREAS, the City of Orange (the "City") is a municipal corporation
which exercises governmental functions and powers, organized and existing under the laws of the
State of
California; 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. 20-86,ii) on July 5, 1988 by Ordinance No. 24-88, (iii) on November 22,
1994 by Ordinance No. 22-94, and (iv) on July 9, 1996 by Ordinance No. 17-96 (
collectively refened to herein as the Redevelopment Plan"), thereby authorizing the
Agency to administer the Redevelopment Plan for the Southwest
Redevelopment Project (the "Redevelopment Project"); and VHEREAS, the Agency is engaged in activities
necessary to carry out and implement the Redevelopment
Plan for the Redevelopment Project; and VHEREAS, as authorized by Section 33396 of the
Health and Safety Code, the City proposes to convey to the Agency certain
City-owned real property (the "City Property"),subject to the terms and conditions set forth in the
proposed Agreement for the Sale of Property the "Sale Agreement") described hereinbelow
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, the Sale Agreement by and between
the City and the Agency has been prepared and submitted, providing for the conveyance of the
City Property from the City to the Agency for the purchase price
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 certain Agency-owned real property, to the Developer. The
Agency-owned real property is more particularly described in the DDA and is referred to herein as
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 A venue on the north,
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/restaurant/office 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, on June 25, 1996, in accordance with the
CRL and the California Environmental Quality Act (California Public Resources Code
Section 21000 et seq.:CEQA"), the Agency certified the Final Environmental 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 01'280
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
environmental 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 15164 and 15168(c)
of the State CEQA Guidelines, the Agency has independently reviewed and considered
the Addendum with the Final EIR and
finds and determines that:a) the Addendum and the Final EIR reflect the independent
judgment
of the Agency;and b) 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; to wit, no new effects could occur or no new mitigation measures are
required in connection with the redevelopment of the Development Site pursuant to
the DDA, and potentially significant environmental effects have been reduced to an acceptable
level in that all significant environmental effects have been eliminated
or substantially lessened;
and
c) only minor technical changes in the Pinal EIR were necessary to make the Pinal EIR
adequate, and the changes raised in the Addendum did not raise important new issues
about significant effects on the environment.
These findings are based upon the record of the joint public hearing, the reasons
expressed herein, the Addendum and the Pinal 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 Pinal EIR was prepared and certified. Therefore, the Agency
hereby makes the de minimus findings of fact attached hereto as Attachment No. 1 and
incorporated herein by this reference; and
WHEREAS, after publication of notice as required by law, a joint public hearing has
been duly held by this Agency and the City Council of the City in accordance with Section
33433 of the CRL on the proposed sale of the Agency Property and the City Property in
accordance with the terms and provisions of the DDA; and
WHEREAS, this Agency has duly considered all of the terms and conditions of the
proposed DDA and believes that the development of the Property 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 Board of Directors of the Orange
Redevelopment Agency, as follows:
1. The foregoing recitals are true and correct.
2. The Pinal EIR and the Addendum were presented to the members of the Board of
Directors of the Agency and they have independently reviewed and considered the infom1ation
contained therein prior to taking any action to approve or conditionally approve the DDA and any
other actions, proceedings and matters related thereto.
3. That the Project described in the Addendum and the DDA does not involve new
environmental impacts not covered in the Final EIR and will have no significant effect on the
environment except as identified and considered in the Final EIR, as amended by the
Addendum.
4. That for the Project described in the Addendum and the DDA, it is neither
necessary nor required that a subsequent or supplemental environmental impact report be
prepared.
5. The Agency finds and determines, based upon information contained in the Final
EIR, the Addendum and the DDA, that changes or alterations have been required in, or
incorporated into, the proposed Project which mitigate or avoid the significant environmental
effects thereof as identified in the Final EIR, as amended by the Addendum thereto.
Reso No. 0345
3
6. The Project will not have any potential for adverse effect on wildlife resources
and, accordingly, the Agency Clerk is hereby authorized and directed on behalf of the Agency to
complete and sign a "Certificate of Fee Exemption" (in a forn1 acceptable to the California
Department of Fish and Game) and to file the original and a duplicate copy thereof with the
Clerk of Orange County concurrently with a Notice of Detelmination in accordance with Section
21152 of the California Public Resources Code.
7. The Sale Agreement is hereby approved and the Executive Director of the
Agency is. hereby authorized and directed to execute the Sale Agreement on behalf of the
Agency and to sign all documents and take all other actions he deems necessary and appropriate
to carry out and implement the Sale Agreement and to administer the Agency's obligations
thereunder.
8. The Agency hereby finds and determines that the sale of the City Property and
the Agency Property to the Developer in accordance with the tenus and provisions of the DDA
will assist in the elimination of blight for the reasons outlined in the agenda report presented to
this Agency and in the summary report required by Section .33433 ofthe CRL.
9. The Agency hereby finds and determines that the consideration to be received by
the Agency from the Developer for the sale of the City Property and the Agency Property in
accordance with the terms and provisions of the DDA is not less than the fair reuse value at the
use and with the covenants and conditions and development costs authorized by the sale under
the terms and conditions of the DDA.
10. The Agency hereby finds and detern1ines that the terms and provisions of the
DDA between the Agency and the Developer, with respect to the development of the Project, in
the form as submitted by the Executive Director and executed by the Developer, are approved
and that the Executive Director is authorized to execute the DDA on behalf of the Agency.
11. The Executive Director is hereby further authorized and directed to execute on
behalf of the Agency all documents necessary and appropriate to carry out and implement the
DDA and to administer the Agency's obligations, responsibilities and duties to be performed
thereunder.
Reso No. 0345
4
AnOPTED this 8th day of September, 1998.
a::
Clerk, Orange R d
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 8th day of September,
1998.
AYES:
NOES:
ABSENT:
ABSTAIN:
DIRECTORS:
DIRECTORS:
DIRECTORS:
DIRECTORS:
MURPHY, SLATER, COONTZ, ALVAREZ
NONE
SPURGEON
NONE
Reso
No. 0345 5
ATTACHMENT NO.1
FINDINGS OF FACT CONCERNING THE PROJECT'S
DE MINIMIS EFFECT ON FISH AND WILDLIFE
Assembly Bill 3158 (Chapter 1706, Statutes of 1990) requires the California Department
of Fish and Game to impose and collect filing fees to defray the cost of managing and protecting
fish and wildlife trust resources. These filing fees are collected during the California
Environmental Quality Act ("CEQA") review process and are to be paid at the time the lead
agency files a Notice of Determination with the county clerk of the county in which the project is
located. Pursuant to Public Resources Code Section 21 089(b) and Fish and Game Code Section
711.4(c), "no project shall be operative, vested, or final until the filing fees required pursuant to
this section are paid."
However, Fish and Game Code Section 711.4(d) provides that no filing fee shall be paid,
regardless of whether or not a negative declaration or ErR is prepared, for "a project which is
found by the lead or certified regulatory agency to be de minimis in its effect on fish and
wildlife." If the lead agency finds that, considering the record as a whole a project involves no
potential for adverse effect, either individually or cumulatively, on wildlife, no fee is required.
Title 14, California Code of Regulations, Section 753.5(c).)
In order to qualify for a de minimis exemption, the lead agency's findings of fact must
include certain specified information. As the lead agency for the Project, the Orange
Redevelopment Agency ("Agency") hereby makes the following findings:
1. The name and address ofthe project proponent is:
Orange Redevelopment Agency
300 East Chapman Avenue
Orange, California 91866
2. Brief description of the Project and its location:
The proposed "Project" is the redevelopment of four parcels within an
approximately 4.28 acre site (the "Site") in the City of Orange pursuant to a Disposition
and Development Agreement between the Agency and CLM LLC, a California limited
liability company. The Site is located within the project area of the Southwest
Redevelopment Plan at the northwest comer of Main Street and La Veta Avenue.
Pursuant to Public Resources Code Section 21090 and Section 15180 of the State CEQA
Guidelines (Title 14, California Code of Regulations Section 15000 et seq.), the Project
constitutes a public and private undertaking in furtherance of the Redevelopment Plan
and will include the demolition of ten single family residential homes and existing
commercial retail buildings and the development of approximately 44,250 square feet of
retaillcommerciallrestaurant/office 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 Attachment No.1 to
Resolution No. 0345 Page
3. The Agency hereby states that, in 1996, a program environmental impact
report ([State Clearinghouse No. 96-021028] the "ErR") was certified for the
Third Amendment to the Redevelopment Plan for the Southwest Redevelopment Project;
in 1998, further study was conducted by the Agency so as to evaluate the potential
for adverse environmental impacts caused by the Projeet, which led to the preparation
and approval of an addendum to the
EIR.4. The Agency hereby declares that, when considering the record as a
whole,there is no substantial evidence before the Agency that the proposed Project will
have potential for an adverse effect on wildlife resources or the habitat upon which the
wildlife depends. This finding is based upon the record of the proceedings for the Project and
the
following:a. The ErR and the Addendum for the Project concluded that
the proposed Project did not have the potential to degrade the quality of
the environment, substantially reduce the habitat of fish or wildlife species, cause
a fish or wildlife population to drop below self-sustaining levels,
threaten to eliminate a plant or animal community, or reduce the number or restrict
the range of a rare or endangered plant or animal. The Site where the Project
will be developed consists of existing urban subdivisions with no
wildlife habitat.b. By letter dated October 17, 1991, Pete Bontadelli, Director
of the Department of Fish and Game ( "D FG ff ) , notified counties and cities
that DFG had compiled a list of types of projects which could in specific
factual situations be de minimis in their impacts on fish and wildlife. Among the
categories listed was "redevelopment on existing urban subdivisions with no
wildlife habitat."The record demonstrates that the redevelopment of the Site pursuant
to the Disposition and Development Agreement fits this category in that it
provides for the redevelopment of subdivided and developed urban parcels with
no
wildlife habitat.5. The Agency hereby declares that, on the basis of substantial
evidence it has rebutted the presumption of adverse effect contained in Title 14, California
Code of Regulations, Section 753.
5(d).Attachment No.1 to Resolution
No. 0345 Page