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5091A ORDINANCE NO. 5091 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING AND ADOPTING THE FIRST AMENDMENT TO THE REDEVELOPMENT PLAN FOR THE RIVER VALLEY REDEVELOPMENT PROJECT. WHEREAS, the City Council of the City of Anaheim (the "City") on November 29, 1983 by Ordinance No. 4463 approved a Redevelopment Plan for the River Valley Redevelopment Project (the "Project") and designated by such ordinance certain area (the "Project Area") as a redevelopment project area; and WHEREAS, the City Council has received from the Community Development Commission (the "Commission") and the Anaheim Redevelopment Agency (the "Agency") the proposed first Amendment to the Redevelopment Plan for the River Valley Redevelopment Project Area (the "Amendment"), a copy of which is on file with the City Clerk at the Office of the City Clerk, City Hall, 200 South Anaheim Blvd., Anaheim, California, together with the Report to Council of the Agency and the Commission on the Amendment which includes a description and discussion of the proposed first Amendment, which changes the land use designation of that certain real property depicted in the cross -hatched area on the attached Map, Attachment No. 1 to this Ordinance, (and hereby incorporated by this reference, the "subject area") from General Industrial and Open Space to an alternative land use designation providing for General Commercial as an alternative land use; and WHEREAS, the Planning Commission has submitted to the City Council of the City of Anaheim its report and recommendations for approval of the first Amendment and its certification that the first Amendment will conform to the General Plan of the City of Anaheim when General Plan Amendment No. 271 (redesignation from General Industrial and Open Space land uses to an alternative land use providing for General Commercial as an alternative land use) is adopted; and WHEREAS, the City Council, the Agency and the Commission held a joint public hearing on January 23, 1990, concerning the adoption of the first Amendment in the City Council Chambers, City Hall, 200 South Anaheim Blvd., Anaheim, California; and WHEREAS, a notice of said hearing was duly and regularly published in the Orange County Register, a newspaper of general circulation in the City of Anaheim, once (1) a week for three (3) successive weeks prior to the date of hearing and a copy of said notice and affidavit of publication are on file with the City Clerk of the City of Anaheim and Clerk of the Agency; and A WHEREAS, copies of the notice of joint public hearing were mailed by certified mail with return receipt requested to the last known address of each addressee, as shown on the last equalized assessment roll of the County of Orange, of each parcel of land in the Project Area; and WHEREAS, copies of the notice of joint public hearing were mailed by certified mail with return receipt requested to the governing body of each taxing agency which receives taxes from property in the Project Area; and WHEREAS, the City Council has considered the Report to Council and recommendations of the Planning Commission, the report of the Agency and the Commission, the first Amendment and its economic feasibility, the feasibility of the environmental assessment documents, and has provided an opportunity for all persons to be heard and has received and considered all evidence and testimony presented for or against any and all aspects of the proposed first Amendment; and WHEREAS, the Agency, the Commission and the City Council have reviewed and considered and taken action on Subsequent EIR No. 289, the environmental assessment documents, for the first Amendment prepared and submitted pursuant to CEQA and Health & Safety Code Section 33352, and the Agency and the Commission approved and recommended to the City Council certification of Subsequent EIR No. 289 by Agency Resolution No. ARA90-4 and Commission Resolution No. CRC90-1 and the City Council certified said Subsequent EIR No. 289 on January 23, 1990 by City Council Resolution No. 90R-36 . NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES ORDAIN AS FOLLOWS: Section 1• a. That the purpose and intent of the City Council with respect to the Project Area is to change the land use designation of the subject area from General Industrial and Open Space land uses to an alternative land use designation providing for General Commercial as an alternative land use. b. Section 501 of the River Valley Redevelopment Plan is hereby amended by the addition thereto of the following paragraph: The Map attached hereto as Attachment 1 shows commercial as an alternative land use for the subject area crosshatched thereon. Such subject area shall be used for the designated alternative land use subject to a General Plan amendment providing for such alternative land use. ORD NO. 5091 01/11/90 7833n/2621/17 -2- The Redevelopment Plan is hereby further amended by the addition thereto, as Attachment No. 1, of the Map attached hereto as Attachment No. 1. Section 2• THE CITY COUNCIL HEREBY FINDS AND DETERMINES THAT: a. The subject area is a predominantly urbanized area which was determined to be a blighted area when the River Valley Redevelopment Plan was initially adopted, the redevelopment of which is necessary to effectuate the public purposes declared in the California Community Redevelopment Law (Health and Safety Code Section 33000, et seg.). b. The first Amendment will permit an alternative land use for the subject property in the Project Area in conformity with the Community Redevelopment Law and in the interests of the public health, safety and welfare. This finding is based upon the fact that redevelopment will implement the objectives of the Community Redevelopment Law by aiding in the elimination and correction of the conditions of blight, providing for planning, development, redesign, clearance, reconstruction or rehabilitation of properties which need improvement, and providing for higher economic utilization of potentially useful land. C. The adopting and carrying out of the first Amendment is economically sound and feasible. This finding is based in part on the fact that under the Redevelopment Plan and the first Amendment no public redevelopment activity will be undertaken unless the Agency can demonstrate that it had adequate revenue to finance the activity; the Agency's Report to City Council further discusses and demonstrates the economic soundness and feasibility of the first Amendment and undertakings pursuant thereto. d. The Amendment shall conform to the General Plan of the City of Anaheim. This finding is based in part on the finding of the Planning Commission that the Amendment will conform to the General Plan for the City of Anaheim as and when the recommended General Plan Amendment No. 271 is adopted and becomes effective. e. The carrying out of the Amendment will promote the public health, safety and welfare of the City of Anaheim and will effectuate the purposes and policy of the Community Redevelopment Law. f. The Amendment does not change the provisions of the existing Redevelopment Plan for the condemnation of real ORD NO. 541- 01/11/90 7833n/2621/17 -3- property. Nonetheless, the City Council and the Agency recognize that the applicable laws and regulations concerning relocation of persons and businesses, including without limitation the provisions of Sections 7260 to 7276 of the California Government Code would be applicable in the event relocation would occur due to the implementation by the Agency of the first Amendment. The City Council finds and determines that the provision of relocation assistance according to law constitutes a feasible method for relocation. g. The first Amendment does not change the provisions of the existing Redevelopment Plan for the relocation of persons displaced from the Project Area. Nonetheless, there are or are being provided within the Project Area or within other areas not generally less desirable with regard to public utilities and public and commercial facilities and at rents or prices within the financial means of any families and persons who might be displaced from the Project Area, decent, safe and sanitary dwellings equal in number to the number of and available accessible to their places of employment. This finding is based in part upon the fact that no person or family will be required by the Agency to move from any dwelling unit until suitable replacement housing is available. Section 3• The City Council reaffirms that permanent housing facilities will be available within three (3) years from the time occupants of the Project Area, if any, are displaced, and that pending the development of such permanent facilities, there will be available to any such displaced occupants temporary housing facilities at rents comparable to those in the City of Anaheim at the time of their displacement. No persons or families of low or moderate income shall be displaced from residence unless and until there are suitable housing units available and ready for occupancy by such displaced persons or families at rents comparable to those at the time of displacement. Such housing units shall be suitable to the needs of such displaced persons or families and dwellings. The Agency shall not displace any such persons or families until such housing units are available and ready occupancy. Section 4• Any written the City Clerk public hearing Council at the overruled. ORD NO. 5091 01/11/90 7833n/2621/17 objections to the first Amendment filed with of the City of Anaheim before the hour set for and all oral objections presented to the City hearing having been considered are hereby -4- A Section 5: The proposed first Amendment to the Redevelopment Plan for the River Valley Redevelopment Project, the maps contained therein and such other reports as are incorporated therein by reference, a copy of which is on file in the Office of the City Clerk of the City of Anaheim, having been duly reviewed and considered, is hereby incorporated in this Ordinance by reference and made a part hereof, as is fully set forth at length herein. Section 6• The City Clerk is hereby directed to send a certified copy of this Ordinance to the Agency whereupon the Agency is vested with the responsibility for carrying out the Amendment and implementation of the Redevelopment Plan. Section 7• The City Clerk is hereby directed to record with the County Recorder of Orange County a legal description of the subject area within the Project Area and a statement that this first Amendment has been approved in conformity with the Community Redevelopment Law. Section 8: The City Clerk is hereby directed to transmit a copy of the legal description and statement to be recorded by the City Clerk pursuant to Section 7 of this Ordinance, a copy of this Ordinance and a map or plat indicating the boundaries of the Project Area and the designation of the subject area, to the Auditor and Assessor of the County of Orange, to the governing body of each of the taxing agencies which levies taxes upon any property in the Project Area and to the State Board of Equalization. Section 9• This Ordinance shall be in full force and effect thirty (30) days from and after the date of final passage. Section 10: If any part of this Ordinance or the first Amendment which it approves is held to be invalid for any reason, such decision shall not affect the validity of the remaining portion of this Ordinance or of the first Amendment, and this City Council hereby declares it would have passed the remainder of this ORD NO. 5091 01/11/90 7833n/2621/17 -5- i Ordinance or approved the remainder of the Amendment if such invalid portion thereof had been deleted. ADOPTED this 6th ATTEST: day Of February 1990. May4r of the City of An t im 1 City Clerk of the City of Anaheim I hereby certify that the foregoing Ordinance was introduced at the regular meeting of the City Council held on the 23rd day of January , 1990, and thereafter at a regular meeting of said City Council held on the 6th day of February 1990, was duly passed and adopted by the following vote: AYES: COUNCIL MEMBERS: Daly, Ehrle, kaywood, Pickler, Hunter NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None ABSTAIN: COUNCIL MEMBERS: done ;/( a4i City Clerk of the City of Anaheim ORD NO. 5091 01/11/90 7833n/2621/17 -6- W CLERK STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing Ordinance No. 5091 was introduced at a regular meeting of the City Council of the City of Anaheim, held on the 23rd day of January, 1990, and that the same was duly passed and adopted at a regular meeting of said City Council held on the 6th day of February, 1990, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Daly, Ehrle, Kaywood, Pickler and Hunter NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Ordinance No. 5091 on the 7th day of February, 1990. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 7th day of February, 1990. CITY CLERK OF THE CITY OF ANAHEIM (SEAL) T, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original Ordinance No. 5091 and was published once in the Anaheim Bulletin on the 16th day of February, 1990. CITY CLERK OF THE CITY OF ANAHEIM WHEN RECORDED MAIL TO: CITY CLERK City of Anaheim 200 South Anaheim Boulevard Anaheim, Ca 92805 STATEMENT OF FIRST AMENDMENT TO RIVER VALLEY REDEVELOPMENT PROJECT and STATEMENT THAT THE FIRST AMENDMENT HAS BEEN APPROVED IN CONFORMITY WITH THE COMMUNITY DEVELOPMENT LAW. (Pursuant to Health and Safety Code, Section 33000 et seq.) Proceedings for an Amendment to the permitted land uses in the River Valley Redevelopment Project have been instituted under the California Community Redevelopment Law pursuant to a Redevelopment Plan Amendment approved and adopted by Ordinance No. 5091 of the City of Anaheim. The legal description of the River Valley Redevelopment Project Area is set forth on the document recorded as Document No. 83-549478 in Official Records of the County of Orange and is restated in Exhibit A attached hereto and incorporated by this reference herein. In the event of inconsistency between the legal description recorded as Document No. 83-549478 and the legal description in Exhibit A, the provisions of the legal description recorded as Document No. 83-549478 shall govern. No changes in the boundaries or the River Valley Redevelopment Project have been made by this First Amendment. CITY OF ANAHEIM LEONORA N. SOHL, CITY CLERK 5098V RIVER VALLEY REDEVELOPMENT PROJECT AREA CITY OF ANAHEIM, CALIFORNIA hat certain parcel of land located in the City of Anaheim, County of irange, State of California, more particularly described as follows: Beginning at an angle point in the existing boundary line of the City of Anaheim, said angle point being the northeasterly corner of Lot 19 of Tract No. 9169, as shown on a map recorded in Book 381, page 24 and 25 of Miscellaneous Maps, records of said Orange County; thence N 720 10' 54" E along the southerly right of way line of the Atchison, Topeka and Santa Fe Railroad, 888.00 feet; thence S 170 49' 06" E, 50.00 feet; thence along said railroad right of way; N 72" 10' 54" E, 538.61 feet to the beginning of a tangent curve concave northwesterly and having a radius of 3,681.10 feet; thence Easterly and Northerly along said curve through a central angle of 200 15' 45" an arc distance of 1,301.81 feet to a point on a non -tangent line, a radial line through ,aid point bears S 38" 04' 51" E; thence along said non -tangent line S 000 22' 35" E, 440.97 feet; thence S 610 51' 04" W, 875.71 feet; thence S 18' 46' 54" W, 743.99 feet to a point on the centerline of Weir Canyon Road, said point being on a.non-tangent curve concave south- westerly and having a radius of 1,600.00 feet, a radial line through said point bears 'S 17* 19' 54" W; thence Southeasterly along said curve and said centerline through a central angle of 430 36' 01" an arc distance of 1,217.55 feet to a point on a non -tangent line; thence along said non - tangent line S 60° 55' 55" W, 50.00 feet; thence S 290 04' 13" E, 150.00 feet; thence S 11° 43' 54" E, 224.48 feet to the beginning of a tangent curve concave northwesterly and having a radius of 200.00 feet;thence Southerly and Westerly along said curve through a central angle of 85' 04' 46" an arc distance of 297.27 feet to a point on a tangent line, a radial line through said point bears S 16° 34' 08" E; thence along said tangent line S 73° 25' 52" W, 423.86 feet; thence S 690 19' 09" W, 334.28 feet; thence S 78' 34' 12" W, 200.00 feet; thence S 660 35' 13" W, 192.66 aet; thence S 79° 27' 01" W, 469.33 feet; thence N 280 12' 19" W, 54.31 meet; thence S 830 23' 01" W, 20.00 feet; thence S 15' 23' 33" W, 53.39 feet; thence S 84* 20' 42" W, 919.13 feet to the beginning of a tangent curve concave northwesterly and having a radius of 1,250.00 feet; thence Southwesterly along said curve through a central angle of 9° 07' 30" an arc distance Of 199.08 feet to a point on a tangent line, a radial line through said point bears S 040 10' 02" W' thence along said tangent line N 850 49' 58" W, 298.94 feet; thence N 29° 22' 00" W, 668.15 feet; thence N 17° 06' 24" W, 123.58 feet to a point on a non -tangent curve concave northwesterly and having a radius of 9,680.00 feet, a radial line through said point bears N 190 37' 00" W; thence Northeasterly along said curve through a central angle of 70 37' 21" an arc distance of 1,287.81 feet to point on a non -tangent line, a radial line through said point bears 27° 14' 21" E; thence along said non -tangent line N 060 40' 31" W, 1,235.00 feet to the point of beginning. 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