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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. 3 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 4