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RES-10474 Authorization for Revocation of Major Site Plan ReviewRESOLUTION NO. 10474 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ORANGE APPROVING AND AUTHORIZING REVOCATION OF MAJOR SITE PLAN REVIEW 297-03, MAJOR SITE PLAN REVIEW 300-03, CONDITIONAL USE PERMIT NO.2462-03, CONDITIONAL USE PERMIT NO. 2463-03,AND CONDITIONAL USE PERMIT NO. 2461-03 FOR A RETAIL SHOPPING CENTER COMMONLY KNOWN AS THE BLOCK AT ORANGE.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.WHEREAS, in 2003, Orange City Mills Limited Partnership, a Delaware limited partnership ("OCMLP") applied to the City for certain entitlements for the purpose of seeking to enhance the vitality of an entertainment/retail commercial shopping center commonly known as "The Block at Orange" (herein referred to as the "Shopping Center")with the following uses (herein referred to collectively as the "Expansion Uses"):i) the demolition of existing Building F and its replacement with approximately 35,000 square feet of gross leasable retail area beneath 84 apartment dwelling units;ii) the construction of an apartment project consisting of approximately 416 units, including parking for both the apartment project and the apartment units to be developed as part of the aforementioned replacement of Building F;iii) the construction of aparking structure consisting of 1,211 parking spaces to replace those parking spaces to be displaced by the apartment project and to offer additional parking spaces to serve the Retail Center;iv) the construction of a 175-room hotel and an adjacentparking structure consisting of approximately 1,266 parking spaces;v) the construction of a 125- room hotel and an adjacent parking structure consisting of approximately 961 parking spaces; and vi) the construction of two new commercial retail buildings consisting of a total of approximately 120, WHEREAS, on February 10, 2004, the City Council of the City of Orange approved the following entitlements for the Expansion Uses (herein referred to as the "Expansion Uses Entitlements"): i) Major Site Plan Review 300-03, authorizing OCMLP to develop a portion of the Retail Center with a 1,211-space parking structure;ii) Conditional Use Permit No. 2462-03, authorizing OCMLP to develop a portion of the Retail Center with a 175-room hotel;iii) Conditional Use Permit No. 2463-03, authorizing OCMLP to develop a portion of the Retail Center with a 125-room hotel; and iv) Conditional Use Permit No. 2461- 03 and Major Site Plan Review 297-03,authorizing OCMLP to develop a portion of the Retail Center with 500 apartment units and 35,000 sq. ft. of commercial uses.WHEREAS, in order to give assurance to OCMLP that, upon approval of the Expansion Uses, it would be able to proceed with the Expansion Uses in accordance with existing policies, rules and regulations, and subject to conditions of approval, the City Council adopted Ordinance No. 04-04 on February 24, 2004 for the purpose of approving a Development Agreement by and between OCMLP and the City, the original of which was recorded on July 6, 2004 as Instrument No. 2004000610769 in the Official Records of the County of Orange, State of California (herein referred to as the "Development Agreement").WHEREAS, on December 13, 2005, the City Council approved modifications to the Expansion Uses Entitlements, including modifications of Conditional Use Permit No. 2461-03 and Major Site Plan Review No. 300-03 that would allow, among other things, the construction of a parking structure consisting of not more than 1,722 parking spaces, 403 condominium units and related parking to be constructed in lieu of 500 apartment units, the reorientation of one of the proposed hotels, and the reconfiguration of an entryway road from Metropolitan Drive (herein referred to as the "Modified Expansion Uses").WHEREAS, by the adoption of Ordinance No. 17-05 on January 24, 2006, the City Council of the City of Orange approved that certain Amended and Restated Development Agreement by and between the City of Orange and OCMLP, which was intended to vest the Modified Expansion Uses, replace the Development Agreement, and reflect the agreement of the City and OCMLP to the amendment and restatement of the Development Agreement WHEREAS, due to market factors and various circumstances including the withdrawal of the condominium project developer, a change in the ownership and control of OCMLP, and a change in the ownership of the property adjoining the Retail Center affected by the approved Modified Expansion Uses, OCMLP determined that it could not proceed with the Modified Expansion Uses and, therefore, did not execute and deliver to the City the Amended and Restated Development Agreement and other related documents that had been approved by the City Council and the WHEREAS, in light of the fact that OCMLP did not execute and deliver to the City the Amended and Restated Development Agreement, OCMLP and the City entered into that certain Operating Memorandum to Development Agreement, dated December 12, 2007 herein referred to as the "Operating Memorandum") for the purpose of determining that: (i) the modifications of Conditional Use Permit No. 2461-03 and Major Site Plan Review No.300-03 were not viable and, therefore, not applicable to the Retail Center, (ii) the original Development Agreement and the Expansion Uses Entitlements that were approved by the City Council in connection therewith in 2004 constituted the development standards and restrictions governing the use and development of the Retail Center in accordance with the terms of the Development Agreement, and (iii) the original Development Agreement gave OCMLP and its successors and assigns the vested right to develop the Expansion Uses in accordance with the terms of the Development Agreement.WHEREAS, the current owners of the Retail Center (i. e., OCMLP and Orange City Mills II Limited Partnership, a Delaware limited partnership, and Orange City Mills III Limited Partnership, a Delaware limited partnership and herein referred to collectively as the Owner") have made application to the City for a Major Site Plan Review to construct approximately 105,000 square feet of new retail/restaurant uses and a Conditional Use Permit to allow valet parking at the Retail Center. As part of its application, the Owner has requested the cancellation of the Development Agreement and the revocation of the Expansion Uses Entitlements.WHEREAS, in accordance with State and local law, on April 19, 2010, the Planning Commission conducted a duly noticed public hearing on the proposed cancellation of the Development Agreement and revocation of the Expansion Uses Entitlements and reviewed and considered the information presented by City staff and public testirriony, and, by a vote of not less than a majority of its total membership, recommended City Council approval of cancellation of the Development Agreement and the revocation of the Expansion Uses Entitlements.WHEREAS, in accordance with State and local law, on June 8, 2010, the City Council conducted a duly noticed public hearing on the proposed cancellation of the Development Agreement and revocation of the Expansion Uses Entitlements and considered the information presented by City staff and public testimony regarding same.WHEREAS, following the public hearing on June 8, 2010, the City Council introduced and read for the first time Ordinance No. 09-10 for the purpose of approving the cancellation of the Development Agreement pursuant to the procedures described in Section 65868 of the California Government Code and Chapter 17.44 of the Orange Municipal Code.Upon the adoption of Ordinance No. 09-10 following its second reading by the City Council,said ordinance authorizes and directs the City Manager to execute on behalf of the City and thereafter record, or cause to be recorded, in the Official Records of the County of Orange,State of California, a "Notice of Cancellation and Release of Development Agreement" in order to reflect the agreement of the City and OCMLP to cancel the Development Agreement. Said document shall be recorded following the effective date WHEREAS, in response to the request of the Owner, the City Council finds and determines that the Expansion Uses Entitlements should be revoked. 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 recitals are true and correct. 2. The Expansion Uses Entitlements are hereby revoked and shall terminate, expire and have no further force or effect and shall be released from the Retail Center, effective following adoption of Ordinance No. 09-10 and the subsequent recordation of the aforementioned Notice of Cancellation and Release of Development Agreement in the Official Records of the County of Orange, State of California in accordance with the terms of Ordinance No. 09-10.ADOPTED this 8th day of June, 2010 ATTEST:C.Mary x iy, City Clerk, City 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 8th day of June, 2010, by the following vote:AYES: COUNCILMEMBERS: Murphy, Cavecche, Dumitru, Bilodeau NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None ABSTAIN (RECUSED): COUNCILMEMBERS: Smith Mary E. City Clerk, Cit