5442i
ORDINANCE NO. 5 4 4 2
AN ORDINANCE OF THE CITY OF ANAHEIM APPROVING AND
ADOPTING THE RECOVERY PLAN FOR THE ANAHEIM STADIUM
PROJECT
WHEREAS, the City Council of the City of Anaheim (the "City Council") has received from the
Community Redevelopment Commission of the City of Anaheim (the "Redevelopment Commission') the
proposed Recovery Plan for the Anaheim Stadium Project (the "Recovery Plan" or "Plan"), a copy of which is
on file at the office of the City Clerk, 200 South Anaheim Boulevard, Anaheim, California, and at the office of
the Community Redevelopment Commission at 201 South Anaheim Boulevard, Anaheim, California including
the reasons for the selection of the Project Area, a description of the specific projects proposed by the Anaheim
Redevelopment Agency (the "Agency") in the Project Area, an Implementation Plan, the proposed method of
financing the redevelopment of the Project Area, a summary sof consultations with Project Area owners and
businesses, the report of the county fiscal officer and the Community Redevelopment Commission's analysis
thereof, and a summary of consultations with taxing agencies; and
WHEREAS, the City Council, Community Redevelopment Commission and the Agency held a joint
public hearing on August 2, 1994 on the adoption of the Recovery Plan in the Anaheim City Council Chambers,
200 South Anaheim Boulevard, Anaheim, California; and
WHEREAS, notice of said hearing was duly and regularly published in the Orange County Register,
newspaper of general circulation in the City of Anaheim, 10 days prior to the date of said hearing, and a copy of
said notices and affidavits of publication are on file with the City Clerk, the Community Redevelopment
Commission and the Agency.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES ORDAIN
AS FOLLOWS:
Section 1. The purposes and intent of the City Council with respect to the Project Area are to
accomplish the following:
Rehabilitation of the facilities, buildings, structures, improvements and appurtenances to the
Anaheim Stadium (the "Stadium") to alleviate damage caused by the January 17, 1994
earthquake (the "Earthquake"), and correction of design defects and public improvement
deficiencies;
Provide for participation in the development of property in the Project Area through a process
afforded to owners and providing for reentry for business occupants of properties located in the
Project Area, consistent with the Recovery Plan and the "Rules Governing Participation and
Preferences By Property Owners, and Reentry and Preferences By Business Occupants in the
Anaheim Stadium Project" (the "Rules") adopted by the Agency;
Acquisition of real property, personal property, and any and all interests therein;
4. Management of property under the ownership and control of the Agency;
Provide relocation assistance and make the payments required by Chapter 16, commencing with
Section 7060 of Division 7 of Title 1 of the Government Code (the "CRAL") and other
applicable laws and regulations to displaced persons who move from real property or who move
their personal property from real property as a direct result of the acquisition, rehabilitation,
demolition or other displacing activity as the Agency may prescribe under a program or project
undertaken by the Agency in the Project Area;
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i
6. Demolition or removal of buildings and improvements;
7. Installation, construction, expansion, addition, extraordinary maintenance or reconstruction of
any streets, utilities, buildings, structures and other public facilities and improvements which are
publicly owned;
Disposition of property for uses in accordance with the Recovery Plan;
9. Development of land by private enterprise and public agencies for uses in accordance with the
Recovery Plan;
10. Rehabilitation of structures and improvements by present owners, their successors, and the
Agency;
11. Rehabilitation, development or construction of Low or Moderate Income housing within the
Project and/or the City; and
12. Providing for the retention of controls and establishment of restrictions or covenants running
with the land so that property will continue to be used in accordance with the Recovery Plan.
Section 2. The City Council hereby finds and determines, based on the evidence in the record,
including, but not limited to, the Community Redevelopment Commission's Report to the City Council on the
proposed Recovery Plan for the Anaheim Stadium Project, and all documents referenced therein, and evidence
and testimony received at the joint public hearing on adoption of the Recovery Plan held on August 2, 1994, that:
a) The Project Area is in need of redevelopment and rehabilitation or renewal as a result of
damage to the Stadium caused by the Earthquake and is included within an area certified by the Governor of
California as in need of disaster assistance and for which the President of the United States has determined to be
a major disaster pursuant to the Community Redevelopment Financial Assistance and Disaster Project Law
Section 34000 et seq. of the Health and Safety Code. This finding is based upon damage to the Stadium caused
by the Earthquake including:
(1) The collapse and destruction of a portion of the Stadium roof structure; and
(2) The collapse and destruction of a video display system; and
(3) The destruction of approximately 1,000 Stadium seats; and
(4) The destruction of restrooms and a concession area.
Such conditions are causing and will increasingly cause a reduction and lack of proper
utilization of the area to such an extent that it constitutes a serious physical and economic burden on the City
which cannot reasonably be expected to be reversed or alleviated by private enterprise acting alone, requiring
redevelopment in the interest of the health, safety and general welfare of the people of the City and the State.
Federal grants and insurance will provide the majority of funds necessary to finance the repairs, but are
insufficient to fully cover the cost of replacement and repairs.
b) The Recovery Plan will redevelop the Project Area in conformity with the Sections
33000 et seq. and 34000 et seq. of the Health and Safety Code and in the interest of the public peace, health,
safety and welfare. This finding is based upon the fact that the purposes of Sections 33000 and 34000 of the
Health and Safety Code would be attained by the Project by mitigating damage to the Stadium, facilities,
buildings, structures, improvements, appurtenances and environs relating to and arising from the Earthquake,
Oa
including without limitation the correction of defective design characteristics of the Stadium and associated
access and circulation deficiencies. The Plan will protect and promote sound development and redevelopment
and the general welfare of the citizens of the City by remedying such conditions through appropriate means; and
through the installation of new, or replacement of existing, public improvements, facilities and utilities in areas
which are currently inadequately served with regard to such improvements, facilities and utilities. In addition,
the Plan will provide for the expansion of the community's supply of housing, including housing for persons and
families of low or moderate income households, as the term is defined by Section 50093 of the Health and Safety
Code or successor statutes. Finally, by repairing the earthquake damage, the Recovery Plan will preserve
existing businesses, operations, community facilities, and jobs within the Project Area. These activities could not
be accomplished by private enterprise acting alone without public participation and assistance.
C) The adoption and implementation of the Recovery Plan is economically sound and
feasible. This finding is based on the fact that under the Recovery Plan the Agency will be authorized to seek
and utilize a variety of potential financing resources, including: the City of Anaheim and other local public
entities, State of California, federal government, tax increment funds, special assessment districts, donations,
interest income, Agency bonds, loans from private financial institutions, the lease or sale of Agency -owned
property, participation in development or any other available sources, both public and private. The nature and
timing of public redevelopment assistance will depend on the amount and availability of such financing
resources, including tax increments, generated by new investment in the Project Area; that under the Recovery
Plan no public redevelopment activity can be undertaken unless the Agency can demonstrate that it has adequate
revenue to finance the activity; and that the financing plan included within the Community Redevelopment
Commission's Report to the City Council demonstrates that sufficient financial resources will be available to
carry out the Project.
d) Condemnation of real property within the Project Area is necessary for the execution
and viability of the Recovery Plan. The Recovery Plan has provided adequate financial provisions for the
condemnation of real property in the Project Area, but no real property will be acquired until adequate Agency
funds are available to pay full compensation for real property condemned under the Recovery Plan.
e) The Agency has presented a plan for the encouragement, to the maximum extent
feasible, of the provision of dwellings suitable for the needs of families displaced by the Earthquake or by
redevelopment, rehabilitation or renewal activities. This finding is based upon the fact that there are no
residential units or residents within the Project Area and the General Plan does not permit the development of
residential units within the Project Area. However, in the unlikely event that a resident outside of the Project
Area would be displaced as a result of the implementation of the Project, the Recovery Plan provides for
relocation assistance according to Sections 33410 and 33411 of the Health and Safety Code and the fact that
such assistance, including relocation payments, constitutes a feasible method for relocation.
f) There are no persons or families who reside in the Project Area. However, in the
unlikely event that persons or families are proposed to be displaced as a result of Agency actions within the
Project Area, there are decent, safe and sanitary dwellings equal in number to the number of and available to
such displaced persons or families which is reasonably accessible to their places of employment and which are
within areas of the City not generally less desirable with regard to public utilities and commercial facilities and
which are available at rents or prices within the financial means of such displaced person or families. As a result
of the availability of such replacement housing to displaced persons or families, no person or family will be
required to move from any dwelling unit until suitable replacement housing is available for occupancy. In
addition, such replacement housing must meet the standards established in the state law and regulations.
g) All noncontiguous areas of the Project Area are either blighted or necessary for effective
redevelopment and are not included for the purpose of obtaining the allocation of taxes from the area pursuant to
Section 33670 of the Health and Safety Code without other substantial justification for their inclusion. This
finding is based on the fact that the Project Area is contained within a single continuous boundary.
3
h) Inclusion of any lands, buildings, or improvements which are not detrimental to the
public health, safety or welfare is necessary for the effective redevelopment of the entire area of which they are a
part, and any such area is not included solely for the purpose of obtaining the allocation of tax increment
revenues from such area pursuant to Section 33670 of the Health and Safety Code without other substantial
justification for its inclusion. This finding is based upon the fact that the Project Area is within a designated
disaster area, that the Stadium sustained significant damage as a result of the Earthquake, and that all properties
within Project Area boundaries were included because they are part of the Stadium facility, or are necessary
either to accomplish the objectives and benefits of the Recovery Plan or because of the need to impose uniform
requirements on the Project Area as whole. Such properties will share in the benefits of the project.
i) The Project Area is predominantly urbanized. This finding is based upon the fact that
the entire Project Area is either developed or was previously developed for urban uses. In addition, the Project
Area is part of an area developed for urban uses.
j) The time limitation and, if applicable, the limitation on the number of dollars to be
allocated to the Agency that are contained in the Recovery Plan are reasonably related to the proposed Project to
be implemented in the Project Area to achieve the objectives of the Recovery Plan within the Project Area. This
finding is based on the fact that the Agency will make payments pursuant to Section 33607.5(2) of the Health
and Safety Code to the affected taxing agencies to be allocated among the affected taxing agencies in proportion
to the percentage share of property taxes each affected taxing entity receives during the fiscal year unless
otherwise provided by related sections of the Health and Safety Code.
Section 3. The City Council is satisfied that permanent housing facilities will be available within
three years from the time residential occupants of the Project Area are displaced, and that pending the
development of such facilities, there will be available to any such displaced residential 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 and moderate income shall be displaced from residences unless and until there is a
suitable housing unit available and ready for occupancy by such displaced persons or families at rents
comparable to those at the time of their displacement. Such housing units shall be suitable to the needs of such
displaced persons or families and must be decent, safe, sanitary and otherwise standard dwellings.
Section 4. Written and oral objections presented to the City Council at the hearing having been
considered and, in the case of written objections received from Project Area property owners and affected taxing
agencies, having been responded to in writing are hereby overruled.
Section 5. That a certain document entitled "Recovery Plan for the Anaheim Stadium Project" the
map contained therein, and such other reports as are incorporated therein by reference, a copy of which is on file
in the office of the Agency and the Community Redevelopment Commission, and the office of the City Clerk,
having been duly reviewed and considered, is hereby incorporated in this Ordinance by reference and made a part
hereof, and as so incorporated is hereby designated, approved, and adopted as the official "Recovery Plan for the
Anaheim Stadium Project".
Section 6. In order to implement and facilitate the effectuation of the Recovery Plan hereby
approved, this City Council hereby: (a) pledges its cooperation in helping to carry out the Recovery Plan, (b)
requests the various officials, departments, boards, and agencies of the City having administrative
responsibilities in the Project Area likewise to cooperate to such end and to exercise their respective functions
and powers in a manner consistent with redevelopment of the Project Area, (c) stands ready to consider and take
appropriate action upon proposals and measures designed to effectuate the Recovery Plan, and (d) declares its
intention to undertake and complete any proceeding, including the expenditure of moneys, necessary to be
carried out by the City under the provisions of the Recovery Plan.
Section 7. 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 Recovery Plan.
4
IL
Section 8. The City Clerk is hereby directed to record with the County Recorder of Orange County
a description of the land within the Project Area and a statement that proceedings for the recovery of the Project
Area have been instituted under the Health and Safety Code.
Section 9. The Building and Safety Department of the City of Anaheim is hereby directed for a
period of two (2) years after the effective date of this Ordinance to advise all applicants for building permits
within the Project Area that the site for which a building permit is sought for the construction of buildings or for
other improvements is within a redevelopment project area.
Section 10. The City Clerk is hereby directed to transmit a copy of the description and statement
recorded by the City Clerk pursuant to Section 8 of this Ordinance, a copy of this Ordinance, and a map
indicating the boundaries of the Project Area, to the Auditor -Controller and Assessor of the County of Orange, to
the governing body of each of the taxing agencies which receives taxes from property in the Project Area, and to
the State Board of Equalization, within thirty days following the adoption of the Recovery Plan.
Section 11. PUBLICATION - The City Clerk is hereby ordered and directed to certify to the
passage of this Ordinance and to cause the same to be published in the Orange County Register, newspaper of
general circulation, published and circulated in the City of Anaheim.
Section 12. SEVERABILITY - If any part of this Ordinance or the Recovery Plan 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 Recovery Plan, and this Council hereby declares that it would have passed the
remainder of the Ordinance or approved the remainder of the Recovery Plan if such invalid portion thereof had
been deleted.
Section 13. EFFECTIVE DATE - This ordinance shall be in full force and effect immediately upon
approval and adoption.
Section 14. DECLARATION OF URGENCY - The City Council declares that this Ordinance is
necessary as an emergency measure for the immediate preservation of the public peace, health or safety and the
reasons for its urgency are as follows:
1. On January 17, 1994, Southern California experienced an earthquake of a
magnitude of 6.8 centered in the San Fernando Valley. The Earthquake caused significant damage to homes,
businesses and major freeways in the Southland. In Orange County, the Anaheim Stadium, a landmark as well
as a source of employment and revenue to the County of Orange and City, sustained significant structural and
physical damage when a large scoreboard located above a seating area on the north side of the Stadium collapsed
into the Stadium. Subsequently, the Governor of California certified the need for disaster assistance and the
President of the United States determined portions of Southern California, including the City of Anaheim, to be a
major disaster area. Damage to the Stadium was assessed at approximately $10 million and has left a portion of
the Stadium not fit for occupancy or use for some Stadium activities. In order to further avoid impacting
sporting events and other activities held at the Stadium, as well as losing substantial ticket revenues, and to
provide another source of revenue to repair and revitalize the Stadium, the Anaheim Redevelopment Agency by
this Ordinance will adopt a Recovery Project under the Community Redevelopment Financial Assistance and
Natural Disaster Project Law, Section 34000 et. seq. of the Health and Safety Code.
2. Section 34013(h) of the Health and Safety Code sets forth that this Ordinance may
be adopted as an emergency ordinance.
3. Unless this Ordinance is adopted as an urgency measure, the Anaheim Stadium
recovery, both structurally and economically, may be impacted and impeded which would be detrimental to the
public safety, health and welfare of the community.
APPROVED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF ANAHEIM,
THIS 9th DAY OF August , 1994. r�;w 2��
Mayor
ATTEST
City Clerk
APPROVED AS TO
City
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 urgency Ordinance
No. 5442 was duly passed and adopted at a regular meeting of the City Council of the City of Anaheim held on the
9th day of August, 1994 and after reading of the ordinance by the City Attorney by the following vote of the members
thereof:
AYES: COUNCIL MEMBERS
NOES: COUNCIL MEMBERS
Feldhaus, Hunter, Pickier, Simpson, Daly
None
ABSENT: COUNCIL MEMBERS: None
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Ordinance No. 5402 on the 10th day
of August, 1994.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 10th
day of August, 1994.
CITY CLERK OF THE CITY OF ANAHEIM
(SEAL)
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of
Ordinance No. 5442 and was published once in the Anaheim Bulletin on the 18th day of August, 1994.
CITY CLERK OF THE CITY OF ANAHEIM
KatzHollis
RECOVERY PLAN
FOR THE
ANAHEIM STADIUM PROJECT AREA
Adopted: August 9, 1994
Ordinance No. 5442
Prepared by the
x!)1av
ANAHEIM COMMUNITY REDEVELOPMENT COMMISSION OF THE CITY OF ANAHEIM
ANAHEIM, CALIFORNIA
forthe
ANAHEIM REDEVELOPMENT AGENCY
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KatzHollis
TABLE OF CONTENTS
PAGE
I. [Section 100] INTRODUCTION............................................................................................1
II. [Section 200] PROJECT AREA BOUNDARY AND LEGAL DESCRIPTION .........................2
III. [Section 300] PROPOSED RECOVERY ACTIVITIES.......................................................... 3
A. [Section 301 ] General............................................................................................... 3
B. [Section 302] Owner Participation and Business Reentry Preferences .....................3
1. [Section 303] Owner Participation..................:.............................................. 3
2. [Section 304] Business Reentry Preferences ................................................ 4
3. [Section 305] Participation Agreements........................................................ 5
4. [Section 306] Implementing Rules.................................................................5
C. [Section 307] Property Acquisition............................................................................ 5
1. [Section 308] Acquisition of Real Property .................................................... 5
2. [Section 309] Acquisition of Personal Property.............................................6
D. [Section 310] Property Management.........................................................................6
E. [Section 311] Relocation of Occupants Displaced by Agency Acquisition ................6
1. [Section 312] Relocation Housing Requirements..........................................6
2. [Section 313] Replacement Housing Plan ..................................................... 6
3. [Section 314] Assistance in Finding Other Locations....................................7
4. [Section 315] Relocation Payments...............................................................7
F. [Section 316] Payments to Taxing Agencies for in Lieu of Taxes ............................. 7
G. [Section 317] Demolition, Clearance, Public Improvements,
Building and Site Preparation .........................
1. [Section 318] Demolition and Clearance.......................................................7
2. [Section 319] Public Improvements...............................................................7
3. [Section 320] Preparation of Building Sites ................................................... 8
H. [Section 321] Property Disposition and Development...............................................8
1. [Section 322] Real Property Disposition and Development ........................... 8
a. [Section 323] General........................................................................8
b. [Section 324] Disposition and Development Documents ................... 9
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PAGE
c. [Section 325] Development by the Agency
or Other Public Bodies or Entities ................................ 9
d. [Section 3261 Development Plans....................................................10
2. [Section 327] Personal Property Disposition...............................................10
I. [Section 328] Cooperation with Public Bodies........................................................10
J. [Section 329] Rehabilitation, Conservation and Moving of Structures ..................... 11
1. [Section 330] Rehabilitation and Conservation............................................11
2. [Section 331 ] Moving of Structures..............................................................11
K. [Section 332] Low or Moderate Income Housing....................................................12
1. [Section 333] Authority Generally................................................................12
2. [Section 334] Replacement Housing....................................................:......12
3. [Section 335] Increase, Improve and Preserve the Supply ..........................12
4. [Section 336] New or Rehabilitated Dwelling
Units Developed Within Project Area....................................14
5. [Section 337] Duration of Dwelling Unit
Availability and Agency Monitoring........................................14
L. [Section 338] Implementation Plans.......................................................................15
IV. [Section 400] LAND USES AND DEVELOPMENT REQUIREMENTS................................16
A. [Section 401] Recovery Plan Map and Major Project Area Land Uses ...................16
B. [Section 402] Major Land Uses...............................................................................16
C. [Section 403] Other Land Uses...............................................................................16
1. [Section 404] Public Rights-of-Way.............................................................16
2. [Section 405] Other Public, Semi -Public, Institutional and Non -Profit Uses. 17
D. [Section 406] Interim Uses......................................................................................17
E. [Section 407] Nonconforming Uses.........................................................................17
F. [Section 408] General Controls and Limitations......................................................17
1. [Section 409] Construction..........................................................................17
2. [Section 410]
Limitation on the Number of Buildings...................................18
3. [Section 411]
Number of Dwelling Units......................................................18
4. (Section 412]
Limitations on Type, Size and Height of Buildings.................18
5. [Section 413]
Open Spaces, Landscaping, Light, Air and Privacy...............18
6. [Section 414]
Signs.....................................................................................18
7. [Section 415]
Utilities...................................................................................18
KatzHolfis
PAGE
8. [Section 416] Incompatible Uses ......................................... ..................18
9. [Section 417] Subdivision of Parcels...........................................................19
10. [Section 418] Minor Variations.....................................................................19
EXHIBIT "A" RECOVERY PLAN MAP
EXHIBIT "B" LEGAL DESCRIPTION OF PROJECT AREA
EXHIBIT "C" PROPOSED PUBLIC IMPROVEMENTS AND FACILITIES PROJECTS
G. [Section 419] Design Guide....................................................................................19
H. [Section 420] Building Permits................................................................................19
V.
[Section 500] METHODS OF FINANCING THE PROJECT
................................................21
A. [Section 501] General Description of the Proposed Financing Method...................21
B. [Section 502] Tax Increment Funds................................................................
21
........
C. [Section 503] Agency Bonds
......................................................
D. [Section 504] Time Limit on Establishment of Indebtedness
......................
E. [Section 505] Statutory Payments to Affected Taxing Entities ...............................
23
F. [Section 506] Time Limit on Receipt of Tax Increment ............................................
23
G. [Section 507] Other Loans and Grants
...................................................................
23
VI.
[Section 600] ACTIONS BY THE CITY...............................................................................24
VII.
[Section 7001 ENFORCEMENT...........................................................................
...........25
VIII.
[Section 800] DURATION OF THIS PLAN..........................................................................25
IX.
[Section 900] PROCEDURE FOR AMENDMENT
...............................................................25
X.
[Section 1000]SEVERABILITY
...................................................................... ................25
EXHIBIT "A" RECOVERY PLAN MAP
EXHIBIT "B" LEGAL DESCRIPTION OF PROJECT AREA
EXHIBIT "C" PROPOSED PUBLIC IMPROVEMENTS AND FACILITIES PROJECTS
KatzHollis
RECOVERY PLAN
FOR THE
ANAHEIM STADIUM PROJECT AREA
I. [Section 100] INTRODUCTION
This is the Recovery Plan (the "Plan") for the Anaheim Stadium Project Area (the "Project') in
the City of Anaheim (the "City"), County of Orange, State of California. This Plan consists of text
(Sections 100 through 1000), the Plan Map (Exhibit "A"), a Legal Description of the Project Area
(Exhibit "B"), and the Proposed Public Improvements and Facilities Projects (Exhibit "C"). This Plan
was prepared by the Anaheim Community Redevelopment Commission of the City of Anaheim (the
"Commission'D and will be implemented by the Anaheim Redevelopment Agency (the "Agency") and
the City Council of the City of Anaheim ("City Council") as the legislative body of the Agency
pursuant to Section 33000 et seq. and Section 34000 et seq. of the Health and Safety Code (unless
otherwise designated), the California Constitution, and all applicable local codes and ordinances.
The definitions of general terms which are contained in the Health and Safety Code govern
the construction of this Plan, unless more specific terms and definitions therefor are otherwise
provided in this Plan.
Many of the requirements contained in this Plan are necessitated by and in accord with
statutory provisions in effect at the time of adoption of this Plan. Such statutory provisions may be
changed from time to time. In the event that any such changes affect this Plan's requirements, and
would be applicable to the Agency, the Project, or this Plan whether or not this Plan were formally
amended to reflect such changes, then the requirements of this Plan that are so affected shall be
superseded by such changes, to the extent necessary to be in conformity with such changes and
legal requirements.
The project area (the "Project Area") includes all properties within the Project boundary
shown on the Recovery Plan Map and described in the Legal Description of the Project Area.
This Plan provides the Agency with powers, duties and obligations to implement and further
the program generally formulated in this Plan for the redevelopment, rehabilitation, and revitalization
of the Project Area. This Plan does not present a specific plan or establish priorities for specific
projects for the redevelopment, rehabilitation, and revitalization of any particular area within the
Project Area. Instead, this Plan presents a process and a basic framework within which specific
development plans will be presented, priorities for specific projects will be established, and specific
solutions will be proposed, and by which tools are provided to the Agency to fashion, develop, and
proceed with such specific plans, projects, and solutions.
In general, the goals and objectives of the program in the Project Area are to mitigate
damage to the Anaheim Stadium (the "Stadium"), facilities, buildings, structures, improvements,
appurtenances and environs relating to and arising from the major earthquake that occurred in
Southem California on January 17, 1994 and its related aftershocks (the "Earthquake"), including
without limitation the correction of substandard and defective design characteristics of the Stadium
and associated access and circulation deficiencies. In addition, the Plan will provide for the
expansion of the community's supply of housing, including opportunities for persons and families of
Low or Moderate Income households, as the term is defined by Section 50093 or successor statutes.
Finally, by repairing the earthquake damage the Plan will preserve existing businesses, operations,
community facilities, and jobs within the Project Area.
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II. [Section 200] PROJECT AREA BOUNDARY AND LEGAL DESCRIPTION
The boundary of the Project Area is shown on the Recovery Plan Map attached as Exhibit
"A," and is described in the Legal Description of the Project Area attached as Exhibit "B."
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II1. [Section 300] PROPOSED RECOVERY ACTIVITIES
A. [Section 301] General
The Agency proposes to mitigate and correct the damages to the Stadium due to the
Earthquake, and, as applicable, to eliminate and prevent the spread of blight and blighting
influences, and to strengthen the economic base of the Project Area and the community, by some
or all of the following:
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Rehabilitation of the facilities, buildings, structures, improvements and
appurtenances to the Stadium to alleviate damage caused by the Earthquake, and
correction of design defects and public improvement deficiencies;
2. Provide for participation in the redevelopment of property in the Project Area through
a process afforded to owners and providing for reentry for business occupants of
properties located in the Project Area, consistent with the Recovery Plan and the
"Rules Governing Participation and Preferences By Property Owners, and Reentry
and Preferences By Business Occupants in the Anaheim Stadium Project' (the
"Rules") adopted by the Agency;
3. Acquisition of real property, personal property, and any and all interests therein;
4. Management of property under the ownership and control of the Agency;
5. Provide relocation assistance and make the payments required by Chapter 16,
commencing with Section 7060 of Division 7 of Title 1 of the Government Code (the
"CRAL") and other applicable laws and regulations to displaced persons who move
from real property or who move their personal property from real property as a direct
result of the acquisition, rehabilitation, demolition or other displacing activity as the
Agency may prescribe under a program or project undertaken by the Agency in the
Project Area;
6. Demolition or removal of buildings and improvements;
7. Installation, construction, expansion, addition, extraordinary maintenance or re-
construction of any streets, utilities, buildings, structures and other public facilities
and improvements which are publicly owned;
8. Disposition of property for uses in accordance with the Recovery Plan;
9. Development of land by private enterprise and public agencies for uses in
accordance with the Recovery Plan;
10. Rehabilitation of structures and improvements by present owners, their successors,
and the Agency;
11. Rehabilitation, development or construction of Low or Moderate Income housing
within the Project and/or the City; and
12. Providing for the retention of controls and establishment of restrictions or covenants
running with the land so that property will continue to be used in accordance with the
Recovery Plan.
3
KatzHollis
In the accomplishment of these activities, and in the implementation and furtherance of this
Plan, the Agency is authorized to use all the powers provided in this Plan and all the powers to the
extent now or hereafter permitted by law, which powers are not expressly limited by this Plan.
B. [Section 302] Owner Participation and Business Reentry
Preferences
[Section 303] Owner Participation
Owners of real property within the Project Area shall be extended a reasonable opportunity
to participate in the development of property in the Project Area if such owners agree to participate
in the development in conformity with this Plan and the Rules referenced and defined in Section
III.A.2 herein and adopted by the Commission for the Agency.
Participation methods include remaining in substantially the same location either by retaining
all or portions of the property, or by retaining all or portions of the property and purchasing adjacent
property from the Agency or joining with another person or entity for the rehabilitation or
development of the owner's property and, if appropriate, other property, or submitting to the Agency
for its consideration another proposal which sets forth another method of participation pursuant to
the Rules Governing Participation and Preferences by Property Owners and Reentry and
Preferences by Business Occupants in the Anaheim Stadium Project. An owner who desires to
participate in the same location may be required to rehabilitate or demolish all or part of his/her
existing buildings, or the Agency may acquire the buildings only and then remove or demolish the
buildings. Methods of participation by owners in the Project Area also include the Agency buying
land and improvements at fair market value from owners and offering other parcels for purchase
and rehabilitation or development by such owners, or offering an opportunity for such owners to
rehabilitate or develop property jointly with other persons or entities.
Participation by owners shall be subject to and limited by factors such as hereafter listed and
the following minimum requirements: (1) the owner(s) can demonstrate to the reasonable
satisfaction of the Agency that he is financially capable and has the qualifications and/or experience
to perform any and all development, modification, rehabilitation, modernization, construction, land
assembly, and/or acquisition of the subject property or properties in order that it will conform to the
Recovery Plan, Specific Plan, or Design Guide, and the development proposal, if any, contemplated
by the Agency with respect to the subject property; (2) the owner(s)' proposed improvement and/or
development conform or will conform to: the goals and objectives established by the Agency; the
Recovery Plan; any Specific Plan or Design Guide; any applicable zoning, building and safety laws
and regulations; and/or the development proposal approved by the Agency; (3) the Agency retains
its authority to determine in its sole and reasonable discretion whether the proposed owner(s)'
development conforms to and furthers the goals and objectives of the Plan and any specific
redevelopment proposals on the basis of all the facts and circumstances pertaining to the proposed
owner(s)' development; (4) consideration of whether the proposed owner(s)' development
necessitates that the owner and/or the Agency shall remove, relocate and/or install public utilities
and public facilities determined necessary by the Agency for the proposed development;
(5) consideration of the elimination and/or changes of land uses, particularly nonconforming land
uses as specified in City codes; (6) consideration of the need to realign, abandon, vacate, widen, or
open public rights-of-way and the indirect effects of such acts; (7) consideration of any reduction in
the total number of individual parcels in the Project Area; (8) consideration of whether the proposal
involves land assembly and development of areas for public and/or private development in
accordance with the Plan .
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2. [Section 304] Business Reentry Preferences
Business occupants engaged in business in the Project Area shall be extended reasonable
preferences to reenter in business within the recovery area if they otherwise meet the requirements
prescribed by this Plan and business reentry preferences implementation rules, the Rules
referenced and defined in Section III.A.2 herein and adopted by the Commission for the Agency.
Whenever a business occupant will be displaced by Agency action under a program or
project undertaken by the Agency in the Project Area, the Agency will, prior to such displacement,
determine: 1) whether such business occupant desires to relocate directly to another location within
the Project Area, or 2) if suitable relocation accommodations within the Project Area are not
available prior to displacement, whether such business occupant would desire to reenter in
business within the Project Area at a later date should suitable accommodations become available.
For those business occupants who desire to relocate directly to another Project Area location within
the Project Area, the Agency will make reasonable efforts to assist such business occupants to find
accommodations suitable to their needs. A record of the business occupants who cannot be or do
not want to be directly relocated within the proposed development sites, but who have stated that
they desire to reenter into business in the Project Area whenever suitable locations and rents are
available, will be maintained by the Agency. The Agency will make reasonable efforts to assist
such business occupants to find reentry accommodations at locations and rents suitable to their
needs.
Reentry preferences shall necessarily be subject to and limited by factors such as the
following: (1) the extent to which suitable relocation or reentry accommodations exist or are
rehabilitated or developed within the Project Area; (2) the extent to which suitable relocation or
reentry accommodations are available to displaced business occupants within an acceptable time
period or at rents and other terms that are acceptable to such displaced business occupants, and
within their financial means; and (3) the requirements of this Plan or any Design Guide adopted by
the Agency pursuant to this Plan .
3. [Section 305] Participation Agreements
The Agency may require that, as a condition to participate in development or to obtain a
building permit pursuant to Section 421 hereof, each owner shall enter into a binding written
participation agreement with the Agency by which the participant agrees to contribute, sell, lease,
acquire, rehabilitate, develop or use the property in conformance with this. Plan and to be subject to
provisions hereof and such other provisions and conditions to which the parties may agree. In such
agreements, participants who retain real property may be required to sign and join in the
recordation of such documents as is necessary to make the provisions of this Plan and such
participation agreement applicable to their properties. In the event an owner fails or refuses to
develop, or use and maintain, their real property pursuant to this Plan and such participation
agreement, the real property or any interest therein may be acquired by the Agency and sold or
leased for development in accordance with this Plan.
Whether or not a participant enters into a participation agreement with the Agency, the
provisions of this Plan are applicable to all public and private property in the Project Area.
4. [Section 306] Implementing Rules
The provisions of Sections 302 through 305 shall be implemented according to the Rules
separately adopted by the Commission for the Agency prior to the approval of this Plan, and the
same may be from time to time amended by the Agency. Where there is a conflict between the
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participation and re-entry preferences provisions in this Plan and such Rules adopted by the
Commission for the Agency, the Rules shall prevail.
C. [Section 307] Property Acquisition
1. [Section 308] Acquisition of Real Property
The Agency may acquire, but is not required to acquire, any real or personal property
located in the Project Area by gift, devise, exchange, lease, purchase, obtaining option upon, grant,
bequest, eminent domain or any other lawful method.
It is in the public interest and is necessary in order to execute this Plan for the power of
eminent domain to be available to and to be employed by the Agency to acquire real property, and
any and all interests therein, in all or any portions of the Project Area.
No eminent domain proceeding to acquire real property within the Project Area shall be
commenced after twelve (12) years following the effective date of the ordinance approving and
adopting this Plan. Such time limitation may be extended only by amendment of this Plan.
The Agency is authorized to acquire structures without acquiring the land upon which those
structures are located. The Agency is also authorized to acquire any other interest in real property
less than a fee.
Without the consent of the owner, the Agency shall not acquire property to be retained by an
owner pursuant to a participation agreement if the owner fully performs under the agreement. The
Agency shall not acquire real property on which an existing building is to be continued on its
present site and in its present form and use without the consent of the owner, unless such building
requires structural alteration, improvement, modernization, or rehabilitation, or the site or lot on
which the building is situated requires modification in size, shape or use, or it is necessary to
impose upon such property any of the standards, restrictions and controls of this Plan or of any
Design Guide adopted by the Agency pursuant to this Plan, and the owner fails or refuses to
participate in the Plan or in conformance with any such Design Guide by executing a participation
agreement.
2. [Section 309] Acquisition of Personal Property
Generally, personal property shall not be acquired by the Agency. However, where neces-
sary in the execution of this Plan, the Agency is authorized to acquire personal property in the
Project Area by any lawful means, including eminent domain.
D. [Section 310] Property Management
During such time as property, if any, in the Project Area is owned by the Agency, such
property shall be under the management and control of the Agency. Such property may be rented
or leased by the Agency pending its disposition for development, and such rental or lease shall be
pursuant to such policies as the Agency may adopt.
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E. [Section 311] Relocation of Occupants Displaced by
Agency Acquisition
1. [Section 312] Relocation Housing Requirements
To the extent legally required, no persons or families of Low or Moderate Income shall be
displaced unless and until there is a suitable housing unit available and ready for occupancy by
such displaced persons or families at rents comparable to those at the time of their displacement.
Such housing units shall be suitable to the needs of such displaced persons or families and must
be decent, safe, sanitary, and otherwise standard dwellings. The Agency shall not displace such
persons or families until such housing units are available and ready for occupancy.
To the extent legally required, permanent housing facilities shall be made available within
three years from the time occupants are displaced. Pending the development of such facilities,
there will be available to such displaced occupants adequate temporary housing facilities at rents
comparable to those in the community at the time of their displacement.
2. [Section 313] Replacement Housing Plan
To the extent legally required, not less than thirty days prior to the execution of an
agreement for acquisition of real property, or the execution of an agreement for the disposition and
development of property, or the execution of an owner participation agreement, which agreement
would lead to the destruction or removal of dwelling units from the Low and Moderate Income
housing market, the Commission or the Agency shall adopt by resolution a replacement housing
plan.
As applicable, the replacement housing plan shall include: (1) the general location of
housing to be rehabilitated, developed, or constructed pursuant to Section 33413 of the Community
Redevelopment Law; (2) an adequate means of financing such rehabilitation, development, or
construction; (3) a finding that the replacement housing does not require the approval of the voters
pursuant to Article XXXIV of the California Constitution, or that such approval has been obtained;
(4) the number of dwelling units housing persons and families of Low or Moderate Income planned
for construction or rehabilitation; and (5) the timetable for meeting the plan's relocation,
rehabilitation, and replacement housing objectives. A dwelling unit whose replacement is required
by Section 33413 but for which no replacement housing plan has been prepared, shall not be
destroyed or removed from the Low or Moderate Income housing market until the Commission for
the Agency has by resolution adopted a replacement housing plan.
Nothing in this section shall prevent the Agency from destroying or removing from the Low or
Moderate Income housing market a dwelling unit which the Agency owns and which is an
immediate danger to health and safety. The Agency shall, as soon as practicable, adopt by
resolution a replacement housing plan with respect to such dwelling unit.
3. [Section 314] Assistance in Finding Other Locations
To the extent legally required, the Agency shall provide relocation assistance and make
payments required by the CRAL to all displaced persons (including ;ndividuals and families and
business occupants and others) displaced by Agency action under a program or project undertaken
by the Agency in the Project Area in finding other locations and facilities. In order to cant' out the
Project with a minimum of hardship to persons (including individuals and families and business
occupants and others), if any, displaced from their respective places of residence or business, the
Agency shall assist such persons, business concerns and others in finding new locations that are
decent, safe, sanitary, in reasonably convenient locations, and otherwise pursuant to applicable
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laws and regulations. The Agency may also provide housing inside or outside the Project Area for
displaced persons.
4. [Section 315] Relocation Payments
To the extent legally required, the Agency shall make all relocation payments required by
law to persons (including individuals and families, business concerns, and others) displaced by the
Agency under a program or project undertaken by the Agency from property in the Project Area.
Such relocation payments shall be made pursuant to the CRAL and the Agency rules and
regulations adopted pursuant thereto as such may be amended from time to time. The Agency may
make such other payments as it may deem appropriate and for which funds are available.
F. [Section 316] Payments to Taxing Agencies for In Lieu
of Taxes
The Agency may in any year during which it owns property in the Project Area pay directly to
the city, county, or other district, including, but not limited to, a school district, or other public
corporation for whose benefit a tax would have been levied upon the Agency -owned property had it
not been exempt, an amount of money in lieu of taxes.
G. [Section 317] Demolition, Clearance, Public Improvements,
Building and Site Preparation
1. [Section 318] Demolition and Clearance
The Agency is authorized to demolish and clear buildings, structures, and other
improvements from any real property in the Project Area as necessary to carry out the purposes of
this Plan.
2. [Section 319] Public Improvements
The Agency is authorized to pay all or a part of the value of the land for and the cost of the
installation and construction of any building, facility, structure, other improvement which is publicly
owned and other public improvements, facilities and utilities (within or outside the Project Area)
necessary to cant' out this Plan. Such public improvements, buildings, structures, facilities and
utilities include, but are not limited to, the following: (1) over- and under -passes; (2) sewers; (3)
storm drains; (4) electrical, natural gas, telephone and water distribution systems; (5) parks and
plazas; (6) playgrounds; (7) parking and transportation facilities; (8) landscaped areas; (9) street
and circulation improvements; (10) flood control improvements and facilities; and (11) other public
facilities serving the needs of Project Area occupants.
3. [Section 320] Preparation of Building Sites And Remediation of
The Agency is authorized to prepare, or cause to be prepared, as building sites any real
property in the Project Area owned by the Agency. The Agency is also authorized to construct
foundations, platforms, and other structural forms necessary for the provision or utilization of air
rights sites for buildings to be used for commercial, public, and other uses provided in this Plan.
The Agency may take any actions which it determines are necessary and which are
consistent with other state and federal laws to remedy or remove a release of hazardous
substances on, under, or from property in the Project Area in accordance with the requirements of
Section 33459 et seq.
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H. [Section 321] Property Disposition and Development
[Section 322] Property Disposition and
Development
a. [Section 323] General
For the purposes of this Plan, the Agency is authorized to sell, lease for a period not to
exceed 99 years, exchange, subdivide, transfer, assign, pledge, encumber by mortgage, deed of
trust, or otherwise dispose of any real or personal property or any interest in property. The Agency
is authorized to dispose of real property by negotiated lease, sale, or transfer without public bidding
but only after public hearing.
To the extent applicable, before any interest in real property of the Agency acquired in whole
or in part, directly or indirectly, with tax increment moneys is sold or leased for development
pursuant to this Plan, such sale or lease shall be first approved by the City Council by resolution
after public hearing in conformance with Section 33433 of the Health and Safety Code.
All purchasers of property from the Agency shall be made obligated to use the property for
the purposes designated in this Plan, to begin and complete development of the property within a
period of time which the Agency fixes as reasonable, and to comply with other conditions which the
Agency deems necessary to carry out the purposes of this Plan.
During the period of development in the Project Area, the Agency shall ensure that the
provisions of this Plan and of other documents formulated pursuant to this Plan are being observed,
and that development in the Project Area is proceeding in accordance with development documents
and time schedules.
b. [Section 324] Disposition and Development
Documents
The Agency shall reserve powers and controls in disposition and development documents
as may be necessary to prevent transfer, retention, or use of property for speculative purposes and
to ensure that development is expeditiously carried out pursuant to this Plan.
To provide adequate safeguards to ensure that the provisions of this Plan will be carried out,
all real property sold, leased, or conveyed by the Agency, as well as all property subject to
participation agreements, shall be made subject to the provisions of this Plan and any adopted
Design Guide and other conditions imposed by the Agency by leases, deeds, contracts,
agreements, declarations of restrictions, provisions of the zoning ordinance, conditional use
permits, or other means. Where appropriate, as determined by the Agency, such documents or
portions thereof shall be recorded in the Office of the Recorder of the County.
The leases, deeds, contracts, agreements, and declarations of restrictions may contain
restrictions, covenants, covenants running with the land, rights of reverter, conditions subsequent,
equitable servitudes, or any other provision necessary to cant' out this Plan.
All property in the Project Area is hereby subject to the restriction that there shall be no
discrimination or segregation based upon sex, marital status, race, color, creed, religion, national
origin, or ancestry in the sale, lease, sublease, transfer, use, occupancy, tenure, or enjoyment of
property in the Project Area. All property sold, leased, conveyed, or subject to a participation
agreement, by or through the Agency, shall be expressly subject by appropriate documents to the
restriction that all deeds, leases, or contracts for the sale, lease, sublease, or other transfer of land
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in the Project Area shall contain such non-discrimination and non -segregation clauses as are
required by law, including without limitation, the requirements of Sections 33435 and 33436 of the
Health and Safety Code.
C. [Section 325] Development by the Agency or
Other Public Bodies or Entities
As applicable and to the extent now or hereafter permitted by law, the Agency may, with the
consent of the City Council of the City of Anaheim, pay all or part of the value of the land for and
the cost of the installation and construction of any building, facility, structure, or other improvement
which is publicly owned either within or outside the Project Area, if the City Council determines: (1)
that such buildings, facilities, structures, or other improvements are of benefit to the Project Area or
the immediate neighborhood in which the Project is located, regardless of whether such
improvement is within another project area; (2) that no other reasonable means of financing such
buildings, facilities, structures, or other improvements are available to the community; and (3) that
the payment of funds for the acquisition of land or the cost of buildings, facilities, structures, or
other improvements will assist in the elimination of one or more blighting conditions inside the
Project Area. Such determinations by the Agency and the City Council shall be final and
conclusive.
Specifically, the Agency may pay all or part of the value of the land for and the cost of the
installation and construction of any building, facility, structure or other improvement set forth in
Section 319 of this Plan, including, without limitation, those set forth in Exhibit "C", Proposed Public
Improvements and Facilities Projects.
When the value of such land or the cost of the installation and construction of such building,
facility, structure, or other improvement, or both, has been, or will be paid or provided for initially by
the City or other public corporation, the Agency may enter into a contract with the City or other
public corporation under which it agrees to reimburse the City or other public corporation for all or
part of the value of such land or all or part of the cost of such building, facility, structure, or other
improvement, or both, by periodic payments over a period of years.
The obligation of the Agency under such contract shall constitute an indebtedness of the
Agency for the purpose of carrying out the redevelopment project for the Project Area, which
indebtedness may be made payable out of taxes levied in the Project Area and allocated to the
Agency under subdivision (b) of Section 33670 of the Health and Safety Code and Section 502 of
this Plan, or out of any other available funds.
In a case where such land has been or will be acquired by, or the cost of the installation and
construction of such building, facility, structure or other improvement has been paid by, a parking
authority, joint powers entity, or other public corporation to provide a building, facility, structure, or
other improvement which has been or will be leased to the City such contract may be made with,
and such reimbursement may be made payable to, the City.
To the extent legally required, before the Agency commits to use the portion of taxes to be
allocated and paid to the Agency pursuant to subdivision (b) of Section 33670 for the purpose of
paying all or part of the value of the land for, and the cost of the installation and construction of, any
publicly owned building, other than parking facilities, the City Council shall hold a public hearing in
accord with the provisions of Section 33679 of the Health and Safety Code.
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d. [Section 326] Development Plans
All development plans (whether public or private) shall be processed in the manner provided
by applicable City codes as they are or as they may be amended from time to time. All
development in the Project Area must conform to City and Agency design review procedures,
including any Design Guide adopted by the Agency pursuant to Section 419 hereof.
2. [Section 327] Personal Property Disposition
For the purposes of this Plan, the Agency is authorized to lease, sell, exchange, transfer,
assign, pledge, encumber, or otherwise dispose of personal property which is acquired by the
Agency.
[Section 328] Cooperation with Public Bodies
Certain public bodies are authorized by state law to aid and cooperate with or without
consideration in the planning, undertaking, construction, or operation of this Project. The Agency
may seek the aid and cooperation of such public bodies and attempt to coordinate this Plan with the
activities of such public bodies in order to accomplish the purposes of redevelopment and the
highest public good.
The Agency, by law, is not authorized to acquire real property owned by public bodies
without the consent of such public bodies. The Agency, however, will seek the cooperation of all
public bodies which own or intend to acquire property in the Project Area. Any public body which
owns or leases property in the Project Area will be afforded all the privileges of owner participation if
such public body is willing to enter into a participation agreement with the Agency. All plans for
development of property in the Project Area by a public body shall be subject to Agency approval.
The Agency may impose on all public bodies the planning and design controls contained in
and authorized by this Plan to ensure that present uses and any future development by public
bodies will conform to the requirements of this Plan. The Agency is authorized to financially (and
otherwise) assist any public entity in the cost of public land, buildings, facilities, structures, or other
improvements (within or outside the Project Area) which land, buildings, facilities, structures, or
other improvements are of benefit to the Project or the immediate neighborhood in which the project
is located, regardless of whether the improvement may be within another project area.
[Section 329] Rehabilitation, Conservation and Moving
of Structures
[Section 330] Rehabilitation and Conservation
The Agency is authorized to rehabilitate and conserve, or to cause to be rehabilitated and
conserved, any building or structure in the Project Area owned by the Agency. The Agency is also
authorized to advise, encourage, and assist (through a loan program or otherwise) in the
rehabilitation and conservation of property in the Project Area not owned by the Agency.
It shall be the objective of this Plan to allow the Agency to work with as many existing
businesses as practicable and to add to the economic life of these businesses by a program of
voluntary participation in their conservation and rehabilitation. The Agency is authorized to conduct
a program of assistance and enforcement to encourage owners of property within the Project Area
to upgrade and maintain their property consistent with this Plan and such standards as may be
developed for the Project Area.
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The extent of retention, conservation and rehabilitation in the Project Area shall be subject
to the following limitations:
a. The rehabilitation of the structure must be compatible with land uses as
provided for in this Plan;
b. Rehabilitation and conservation activities on a structure must be carried out in
an expeditious manner and in conformance with the requirements of this Plan
and such property rehabilitation standards as may be adopted by the Agency
and the City.
C. The expansion of public improvements, facilities and utilities.
d. The assembly and development of areas in accordance with this Plan.
The Agency may adopt property rehabilitation standards for the rehabilitation of properties in
the Project Area.
In accord with the provisions of Section 33444.6 of the Health and Safety Code, within the
Project Area and as part of an agreement that provides for the development and rehabilitation of
property that will be used for industrial or manufacturing purposes, the Agency may assist with the
financing of facilities or capital equipment, including, but not necessarily limited to, pollution control
devices.
The Agency shall not assist in the rehabilitation or conservation of properties which, in its
opinion, are not economically and/or structurally feasible, or which do not further the purposes of
this Plan.
2. [Section 331] Moving of Structures
As necessary in carrying out this Plan, the Agency is authorized to move 'or to cause to be
moved, any standard structure or building or any structure or building which can be rehabilitated to
a location within or outside the Project Area.
K. [Section 332] Low or Moderate Income Housing
1. [Section 333] Authority Generally
The Agency may, inside or outside the Project Area, acquire land, improve sites, or
construct or rehabilitate structures in order to provide housing for persons and families of Low or
Moderate Income. The Agency may also provide subsidies to, or for the benefit of, such persons
and families or households to assist them in obtaining housing. The Agency may also sell, lease,
grant, or donate real property owned or acquired by the Agency to the Housing Authority of the City
of Anaheim and may otherwise cooperate with the Housing Authorities in carrying out the provisions
of Section 335 hereinbelow.
2. [Section 334] Replacement Housing
As applicable, in accordance with Sections 33334.5 and 33413 of the Health and Safety
Code, whenever dwelling units housing persons and families of Low or Moderate Income are
destroyed or removed from the Low or Moderate Income housing market as part of a
redevelopment project which is subject to a written agreement with the Agency or where financial
assistance has been provided by the Agency, the Agency shall, within four years of such
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destruction or removal, rehabilitate, develop, or construct, or cause to be rehabilitated, developed,
or constructed, for rental or sale to persons and families of Low or Moderate Income, an equal
number of replacement dwelling units which have an equal or greater number of bedrooms as those
destroyed or removed units at Affordable Housing Cost, as defined by Sections 50052.5 and 50053
of the Health and Safety Code, within the territorial jurisdiction of the Agency, in accordance with all
of the provisions of Sections 33413 and 33413.5 of the Health and Safety Code. Seventy-five
percent (75%) of the replacement dwelling units shall replace dwelling units available at affordable
housing cost in the same income level of Very Low Income households, Lower Income households,
and persons and families of Low and Moderate Income, as the persons displaced from those
destroyed or removed units, as those terms are defined in Sections 50093, 50079.5, and 50105.
3. [Section 335] Increase, Improve and Preserve the Supply
Pursuant to Section 33334.2 of the Health and Safety Code, not less than 20 percent of all
taxes which are allocated to the Agency pursuant to subdivision (b) of Section 33670 of the Health
and Safety Code and Section 502 of this Plan shall be used by the Agency for the purposes of
increasing, improving and preserving the City's supply of Low and Moderate Income housing
available at Affordable Housing Cost, as defined by Sections 50052.5 and 50053 of the Health &
Safety Code, to persons and families of Low or Moderate Income, as defined in Section 50093 of
the Health & Safety Code, and Very Low Income households, as defined in Section 50105 of the
Health & Safety Code, unless one of the findings permitted by Section 33334.2 is made annually by
resolution:
(1) Acquire real property or building sites subject to the provisions of Section
33334.16 of the Health and Safety Code.
(2) Improve real property or building sites with onsite or offsite improvements, but
only if either (a) the improvements are made as part of a program which
results in the new construction or rehabilitation of affordable housing units for
Low or Moderate Income persons that are directly benefited by the
improvements or (b) the Agency finds that the improvements are necessary
to eliminate a specific condition that jeopardizes the health or safety of
existing Low or Moderate Income residents.
(3) Donate real property to private or public persons or entities.
(4) Finance insurance premiums pursuant to Section 33136 of the Health and
Safety Code.
(5) Construct buildings or structures.
(6) Acquire buildings or structures.
(7) Rehabilitate buildings or structures.
(8) Provide subsidies to, or for the benefit of, Very Low Income households, as
defined by Section 50105 of the Health and Safety Code, Lower Income
households, as defined by Section 50079.5 of the Health and Safety Code, or
persons and families of Low or Moderate Income, as defined by Section
50093 of the Health and Safety Code, to the extent those households cannot
obtain housing at affordable costs on the open market. Housing units
available on the open market are those units developed without direct
government subsidies.
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(9) Develop plans, pay principal and interest on bonds, loans, advances, or other
indebtedness, or pay financing or carrying charges.
(10) Maintain the community's supply of mobile homes.
(11) Preserve the availability of housing units affordable to Lower Income
households in housing developments which are assisted or subsidized by
public entities and which are threatened with imminent conversion to market
rates.
The Agency may use these funds to meet, in whole or in part, the replacement housing
provisions in Section 334 above. These funds may be used inside or outside the Project Area
provided, however, that such funds may be used outside the Project Area only if findings of benefit
to the Project are made as required by said Section 33334.2 of the Health and Safety Code.
The funds for these purposes shall be held in a separate "Low and Moderate Income
Housing Fund' until used. Any interest earned by such Low and Moderate Income Housing Fund
and any repayments or other income to the Agency for loans, advances, or grants, of any kind, from
such Low and Moderate Income Housing Fund, shall accrue to and be deposited in, the fund and
may only be used in the manner prescribed for the Low and Moderate Income Housing Fund.
Pursuant to the requirements of Section 33334.12 of the Health and Safety Code, upon
failure of the Agency to expend or encumber excess surplus in the Low and Moderate Income
Housing Fund within one year from the date the moneys become excess surplus, within the
meaning defined in Section 33334.12 of the Health and Safety Code, the Agency shall either
disburse that excess surplus to the Anaheim Housing Authority or to another public agency in
accordance with said Section 33334.12, or expend or encumber the excess surplus within two
additional years. The Anaheim Housing Authority or other public agency shall utilize the moneys for
the purposes of, and subject to, the same restrictions that are applicable to the Agency under the
Health and Safety Code, and for that purpose may exercise all of the powers of a•housing authority
under the Housing Authorities Law (Sections 34200 et seq. of the Health and Safety Code) to the
extent not inconsistent with these limitations.
4. [Section 336] New or Rehabilitated Dwelling Units
Developed Within Project Area
To the extent legally required, at least thirty percent (30%) of all new and substantially
rehabilitated dwelling units developed by the Agency, if any, shall be available at Affordable
Housing Cost to persons and families of Low or Moderate Income. Not less than fifty percent (50%)
of the dwelling units required to be available at Affordable Housing Cost to persons and families of
Low or Moderate Income shall be available at Affordable Housing Cost to, and occupied by, Very
Low Income households.
To the extent legally required, at least fifteen percent (15%) of all new and substantially
rehabilitated dwelling units developed within the Project Area by public or private entities or persons
other than the Agency, if any, shall be available at Affordable Housing Cost to persons and families
of Low or Moderate Income. Not less than forty percent (40%) of the dwelling units required to be
available at Affordable Housing Cost to persons and families of Low or Moderate Income shall be
available at Affordable Housing Cost to Very Low Income households.
To the extent legally required, the percentage requirements set forth in this Section shall
apply independently of the requirements of Section 334 and in the aggregate to housing made.
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available pursuant to the first and second paragraphs, respectively, of this Section 336 and not to
each individual case of rehabilitation, development or construction of dwelling units, unless the
Agency determines otherwise.
If all or any portion of the Project Area is developed with Low or Moderate Income housing
units, the Agency shall require by contract or other appropriate means that such housing be made
available for rent or purchase to the persons and families of Low and Moderate Income displaced
by the Project. Such persons and families shall be given priority in renting or buying such housing;
provided, however, failure to give such priority shall not effect the validity of title to real property.
5. [Section 337] Duration of Dwelling Unit Availability and
Agency Monitoring
To the extent legally required, the Agency shall require that the aggregate number of
replacement dwelling units and other dwelling units rehabilitated, developed, constructed, or price -
restricted pursuant to Sections 334 and 336 shall remain available at affordable housing cost to
persons and families of Low Income, Moderate Income and Very Low Income households,
respectively, for the longest feasible time, as determined by the Agency, but for not less than the
period set forth in Section 800 for the duration of this Plan's land use controls, except to the extent
a longer or shorter period of time is permitted or required by other provisions of the law.
To the extent legally required, pursuant to Section 33418 of the Health and Safety Code, the
Agency shall monitor, on an ongoing basis, any housing affordable to persons and families of Low
or Moderate Income developed or otherwise made available pursuant to the Health and Safety
Code. As part of this monitoring, the Agency shall require owners or managers of the housing to
submit an annual report to the Agency. The annual reports shall include for each rental unit the
rental rate and the income and family size of the occupants, and for each owner -occupied unit
whether there was a change in ownership from the prior year and, if so, the income and family size
of the new owners. The income information required by this section shall be supplied by the tenant
in a certified statement on a form provided by the Agency.
L. [Section 338] Implementation Plans
In accordance with the provisions of Section 33490 (b) of the Health and Safety Code, no
later than five years following the effective date of the ordinance adopting this plan, and every five
years thereafter, the Agency shall, after a public hearing, adopt an implementation plan for the
Project Area. The implementation plan may include more than one project area, at the Agency's
option.
At least once within the five-year term of each plan adopted by the Agency, no earlier than
two years and no later than three years after adoption of each plan, the Agency shall conduct a
public hearing and hear testimony of all interested parties for the purpose of reviewing this
Recovery Plan and the implementation plan and evaluating the progress of the Project. The
hearing may be for two or more project areas if those project areas are included within the same
implementation plans.
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IV. [Section 400] LAND USES AND DEVELOPMENT REQUIREMENTS
A. [Section 401] Recovery Plan Map and Major Proiect Area
Land Uses
The Recovery Plan Map attached hereto illustrates the location of the Project Area
boundary, identifies the major streets within the Project Area, and designates the major land uses
authorized within the Project Area by the City's current General Plan. The City will from time to time
update and revise the General Plan. It is the intention of this Plan that the land uses to be
permitted within the Project Area shall be as provided within the City's General Plan, as it currently
exists or as it may from time to time be amended, and as implemented and applied by City
ordinances, resolutions and other laws. The land uses authorized within the Project Area by the
General Plan are generally described below. Other land uses may be authorized from time to time
by General Plan amendments.
B. [Section 402] Major Land Uses
Major land uses permitted within the Project Area shall include Commercial Recreation
related uses. The areas shown on the Plan Map for the foregoing uses may be used for any of the
various kinds of uses specified for or permitted within such areas by the General Plan and City
ordinances, resolutions and other laws.
C. [Section 403] Other Land Uses
1. [Section 404] Public Rights of Way
Major public streets within the Project Area are generally described as follows: Katella
Avenue, State College Boulevard and Orangewood Avenue.
Additional public streets, alleys and easements may be created in the Project Area as
needed for proper use and/or development. Existing streets and alleys may be abandoned, closed
or modified as necessary for proper use and/or development. It is anticipated that Project
development may entail vacation and/or realignment of certain streets, alleys, and other rights-of-
way.
Any changes in the existing street layout shall be in accord with the General Plan, the
objectives of this Plan, the City's design standards and any design guide adopted by the Agency,
shall be effectuated in the manner prescribed by state and local law, and shall be guided by the
following criteria:
A balancing of the needs of proposed and potential new developments for adequate
pedestrian and vehicular access, vehicular parking, and delivery loading docks with
similar needs of existing developments proposed or potentially proposed to remain.
Such balancing shall take into consideration the rights of existing owners under the
participation and preferences rules adopted by the Commission for the Agency for
the Project, and any participation agreements executed thereunder,
2. The requirements imposed by such factors as topography, traffic safety and
aesthetics;
3. The potential need to serve not only the Project Area and new or existing
developments, but to also serve areas outside the Project Area by providing
convenient, efficient vehicular access and movement; and
5994.anh
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4. The potential need or desire to accommodate the facilities and/or equipment of mass
transportation modes.
The public rights-of-way may be used for vehicular and/or pedestrian traffic, as well as for
public improvements, public and private utilities, and activities typically found in public rights-of-way.
In addition, all necessary easements for public uses, public facilities, and public utilities may be
retained, amended or created.
2. [Section 405] Other Public, Semi -Public, Institutional
and Non -Profit Uses
In any area the Agency is authorized to permit the maintenance, establishment or
enlargement of public, semi-public, institutional, or non-profit uses, including park and recreational
facilities, libraries, educational, fraternal, employee, philanthropic, religious and charitable
institutions, utilities, railroad rights-of-way, and facilities of other similar associations or
organizations. All such uses shall conform so far as possible to the provisions of this Plan
applicable to the uses in the specific area involved. The Agency may impose such other
reasonable restrictions as are necessary to protect the development and uses in the Project Area.
D. [Section 406] Interim Uses
Pending the ultimate development of land by developers and participants, the Agency is
authorized to use or permit the use of any land in the Project Area for interim uses not in conformity
with the uses permitted in this Plan. Such interim use shall conform to all applicable City codes.
E. [Section 407] Nonconforming Uses
The Agency is authorized to permit an existing use to remain in an existing building in good
condition, which use does not conform to the provisions of this Plan, provided that such use is
generally compatible with existing and proposed developments and uses in the Project Area, and
abatement of such uses is not required by applicable City codes. The owner of such a property
may be required to enter into a participation agreement, to record a covenant of restrictions against
the property, and agree to the imposition of such reasonable restrictions as may be necessary to
protect the development and uses in the Project Area.
The Agency may authorize additions, alterations, repairs or other improvements in the
Project Area for uses which do not conform to the provisions of this Plan where such improvements
are within a portion of the Project where, in the determination of the Agency, such improvements
would be compatible with surrounding and Project Area uses and development and are permitted
under applicable City codes.
F. [Section 408] General Controls and Limitations
All real property in the Project Area is hereby made subject to the controls and requirements
of this Plan. No real property shall be developed, rehabilitated, or otherwise changed after the
effective date of the ordinance adopting this Plan, except in conformance with the provisions of this
Plan.
1. [Section 409] Construction
All construction in the Project Area shall comply with all applicable state and local laws in
effect from time to time.
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In addition to applicable codes, ordinances, or other requirements governing development in
the Project Area, additional specific performance and development standards may be adopted by
the Agency to control and direct redevelopment activities in the Project Area, including property
rehabilitation standards adopted pursuant to Section 330 hereof, and one or more Design Guides
adopted pursuant to Section 419 hereof.
2. [Section 410] Limitation on the Number of Buildings
The approximate number of buildings in the Project Area shall not exceed the maximum
number allowed under the densities permitted under the City's General Plan, as implemented and
applied by local codes and ordinances.
3. [Section 411] Number of Dwelling Units
The number of dwelling units in the Project Area if any, shall not exceed the maximum
number allowed under the densities permitted under the City's General Plan, as implemented and
applied by local codes and ordinances. No dwelling units are permitted in the Project Area under
the existing General Plan.
4. [Section 412] Limitations on Type Size and
Height of Buildings
Except as set forth in other sections of this Plan, the type, size, and height of buildings shall
be as limited by the applicable federal, state and local statutes and ordinances.
5. [Section 413] Open Spaces Landscaping Light
Air and Privacy
The approximate amount of open space to be provided in the Project Area is the total of all
area which will be in the public rights-of-way, the public grounds, spaces around buildings, and all
other outdoor areas not permitted to be covered by buildings. Landscaping shall be developed in
the Project Area to ensure optimum use of living plant material.
In all areas, sufficient space shall be maintained between buildings to provide adequate
light, air and privacy.
6. [Section 414] 22M
All signs shall conform to City requirements. Design of all proposed new signs shall be
submitted prior to installation to the Agency and/or City for review and approval pursuant to the
procedures permitted by this Plan.
7. [Section 415] Utilities
The Agency shall require that all utilities be placed underground whenever physically
possible and economically feasible.
8. [Section 416] Incompatible Uses
No use or structure which in the Agency's opinion would, by reason of appearance, traffic,
smoke, glare, noise, odor, or similar factors, be incompatible with the surrounding areas or
structures shall be permitted in any part of the Project Area.
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9. [Section 417] Subdivision of Parcels
No parcels in the Project Area, including any parcel retained by a participant, shall be
consolidated, subdivided or re -subdivided without the approval of the appropriate City body, and, if
necessary for purposes of this Plan, the Agency.
10. [Section 418] Minor Variations
The Agency is authorized to permit minor variations from the limits, restrictions and controls
established by this Plan. In order to permit any such variation, the Agency must determine that:
a. The application of certain provisions of the Plan would result in practical
difficulties or unnecessary hardships inconsistent with the general purpose
and intent of the Plan.
b. There are exceptional circumstances or conditions applicable to the property
or to the intended development of the property which do not apply generally
to other properties having the same standards, restrictions, and controls.
c. Permitting a variation will not be materially detrimental to the public welfare or
injurious to property or improvements in the area.
d. Permitting a variation will not be contrary to the objectives of the Plan.
No such variation shall be granted which permits other than a minor departure from the
provisions of this Plan. In permitting any such variation, the Agency shall impose such conditions
as are necessary to protect the public health, safety, or welfare, and to assure compliance with the
purposes of this Plan. Any such variation permitted by the Agency hereunder shall not supersede
any other approval required under City codes and ordinances.
H. [Section 419] Design Guide
Within the limits, restrictions, and controls established in this Plan, the Agency is authorized
to establish heights of buildings, land coverage, setback requirements, design and sign criteria,
traffic circulation, traffic, access, parking, and other development and design controls necessary for
proper development and use of both private and public areas within the Project Area. These may
be established by the approval of specific developments, by the adoption of general restrictions and
controls by resolution of the Agency, or by the adoption -of one or more Design Guides pursuant to
this Section.
No new improvement shall be constructed and no existing improvement shall be
substantially modified, altered, repaired, or rehabilitated except in accordance with architectural,
landscape, and site plans submitted to and approved in writing by the Agency unless allowed
pursuant to the procedures of Section 420 hereof. One of the objectives of this Plan is to create an
attractive and pleasant environment in the Project Area. Therefore, such plans shall give
consideration to good design, open space, and other amenities to enhance the aesthetic and
architectural quality of the Project Area. The Agency Executive Director or designee shall not
approve any plans that do not comply with this Plan.
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I. [Section 420] Building Permits
No permit shall be issued for the construction of any new building or any addition,
construction, moving, conversion or alteration to an existing building in the Project Area from the
date of adoption of this Plan until the application for such permit has been processed in the manner
provided hereinbelow. Any permit that is issued hereunder must be in conformance with the
provisions of this Plan, any Design Guide adopted by the Agency, any restrictions or controls
established by resolution of the Agency, and any applicable agreement.
Upon receipt of such an application, the City shall request the Agency to review the
application to determine what effect, if any, the issuance thereof would have upon the Plan for said
Project Area. Within 25 days thereafter the Agency Executive Director or designee shall file with
the City a written report setting forth its findings of fact, including but not limited to, the following:
a. Whether the proposed improvements would be compatible with the standards
and other requirements set forth in the Plan and in terms of design; and
b. What modifications, if any, in the proposed improvements would be
necessary in order to meet the requirements of the Plan and in terms of
design; and
C. In the case of a building permit application for the rehabilitation or
development of one or more residential dwelling units within the Project Area,
the Agency's determination of whether the provisions of Section 336 of this
Plan are applicable to such rehabilitation or development; and
d. If required, whether the applicant has entered into an agreement with the
Agency for the development of said improvements and submitted
architectural, landscape, and site plans to the Agency.
The Agency is authorized to establish permit procedures and approvals in addition to those
set forth above where required for purposes of this Plan. A building permit shall be issued only
after the applicant for same has been granted all approvals required by the City and the Agency
Executive Director or designee prior to issuance.
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V. [Section 500] METHOD OF FINANCING THE PROJECT
A. [Section 501] General Description of the Proposed
Financing Method
The Agency is authorized to finance the Project with tax increment funds; interest income;
Agency bonds; donations; loans from private financial institutions; the lease or sale of Agency -
owned property; owner participant or developer loans; use or transient occupancy taxes;
participation in development; or with financial assistance from the City, State of California, the
federal government, or any other available source, public or private.
The Agency is also authorized to obtain advances, borrow funds, issue bonds, and create
indebtedness in carrying out this Plan. The principal and interest on such indebtedness may be
paid from tax increments or any other funds available to the Agency. Advances and loans for
survey and planning and for the operating capital for administration of the Project may be provided
by the City or any other available source, public or private, until adequate tax increment or other
funds are available or sufficiently assured to repay the advances and loans and to permit borrowing
adequate working capital from other sources. The City, as it is able, may also supply additional
assistance through issuance of bonds, loans and grants and in-kind assistance.
The City or any other public agency may expend money to assist the Agency in carrying out
the Project. As available, gas tax funds from the state and county may be used for street
improvements and public transit facilities. All or a portion of the parking may be installed through a
parking authority or other public or private entities.
Tax increment financing, as authorized by Section 502 of this Plan, is intended as a source
of financing in combination with other sources of financing that may be available for specific Project
activities.
B. [Section 502] Tax Increment Funds
All taxes levied upon taxable property within the Project Area each year, by or for the benefit
of the State of California, the County of Orange, the City of Anaheim, any district or any other public
corporation (hereinafter sometimes called "taxing agencies") after the effective date of the
ordinance approving this Plan, shall be divided as follows:
1. That portion of the taxes which would be produced by the rate upon which the tax is
levied each year by or for each of said taxing agencies upon the total sum of the
assessed value of the taxable property in the Project Area as shown upon the
assessment roll used in connection with the taxation of such property by such taxing
agency, last equalized prior to the effective date of such ordinance, shall be
allocated to and when collected shall be paid to the respective taxing agencies as
taxes by or for said taxing agencies on all other property are paid (for the purpose of
allocating taxes levied by or for any taxing agency or agencies which did not include
the territory of the Project on the effective date of such ordinance but to which such
territory has been annexed or otherwise included after such effective date, the
assessment roll of the County of Orange last equalized on the effective date of said
ordinance shall be used in determining the assessed valuation of the taxable
property in the Project Area on said effective date); and
2. Except as provided in subdivision 3 below, that portion of said levied taxes each year
in excess of such amount shall be allocated to and when collected shall be paid into
a special fund of the Agency to pay the principal of and interest on bonds, loans,
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moneys advanced to, or indebtedness (whether funded, refunded, assumed or
otherwise) incurred by the Agency to finance or refinance, in whole or in part, the
Project. Unless and until the total assessed valuation of the taxable property in the
Project Area exceeds the total assessed value of the taxable property in the Project
Area as shown by the last equalized assessment roll referred to in subdivision 1
hereof, all of the taxes levied and collected upon the taxable property in the Project
Area shall be paid into the funds of the respective taxing agencies. When said
bonds, loans, advances and indebtedness, if any, and interest thereon, have been
paid, all moneys thereafter received from taxes upon the taxable property in the
Project Area shall be paid to the respective taxing agencies as taxes on all other
property are paid.
3. That portion of the taxes in excess of the amount identified in subdivision 1 hereof
which are attributable to a tax rate levied by a taxing agency for the purpose of
producing revenues in an amount sufficient to make annual repayment of the
principal of, and the interest on, any bonded indebtedness for the acquisition or
improvement of real property shall be allocated to and when collected shall be paid
into, the fund of that taxing agency. This subdivision 3 shall only apply to taxes
levied to repay bonded indebtedness approved by the voters of the taxing agency on
or after January 1, 1989.
The portion of taxes mentioned in subdivision 2 above is hereby irrevocably pledged for the
payment of the principal of and interest on the advance of moneys, or making of loans, or the
incurring of any indebtedness (whether funded, refunded, assumed or otherwise) by the Agency to
finance or refinance the Project, in whole or in part.
The Agency is authorized to make such pledges as to specific advances, loans and
indebtedness as appropriate in carrying out the Project.
C. [Section 503] Agency Bonds
The Agency is authorized to issue bonds from time to time, if it deems it appropriate to do
so, in order to finance all or any part of the Project.
Neither the members of the Agency nor any persons executing the bonds are liable
personally on the bonds by reason of their issuance.
The bonds and other obligations of the Agency are not a debt of the City, the State, or any
of its political subdivisions and neither the City, the State, nor any of its political subdivisions is liable
on them, nor in any event shall the bonds or obligations be payable out of any funds or properties
other than those of the Agency; and such bonds and other obligations shall so state on their face.
The bonds do not constitute an indebtedness within the meaning of any constitutional or statutory
debt limitation or restriction.
The amount of bonded indebtedness to be repaid in whole or part from the allocation of
taxes described in subdivision 2 of Section 502 above which can be outstanding at any one time
shall not exceed $500 million io principal amount, except by amendment of this Plan. This limit,
however, shall not prevent the Agency from issuing additional bonds in order to fulfill the Agency's
obligations under Section 33413 of the Health and Safety Code.
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D. [Section 504] Time Limit on Establishment of Indebtedness
The Agency shall not establish or incur loans, advances, or indebtedness to finance in whole
or in part the Project beyond 20 years from the effective date of the ordinance adopting this Plan.
Loans, advances, or indebtedness may be repaid over a period of time beyond said time limit.
Such time limitation may be extended only by amendment of this Plan. This limit, however, shall
not prevent the Agency from incurring debt to be paid from the Low and Moderate Income Housing
Fund established pursuant to Section 33334.2 of the Health and Safety Code and Section 335 of
this Plan, or establishing more debt in order to fulfill the Agency's obligations under Section 33413
of the Health and Safety Code and Section 334 of this Plan.
E. [Section 505] Statutory Payments to Affected Taxing Entities
To the extent applicable, and in the amounts and manner provided therein, the Agency shall
annually pay to Project Area affected taxing entities the payments required by Section 33607.5 of
the Health and Safety Code.
F. [Section 506] Time Limit on Receipt of Tax Increment
The Agency may not receive and shall not repay indebtedness with the proceeds from
property taxes received pursuant to Section 33670 of the Health and Safety Code and Section 502
of this Plan beyond 45 years from the effective date of the ordinance adopting this Plan, except to
repay debt to be paid from the Low and Moderate Income Housing Fund established pursuant to
Section 33334.2 of the Health and Safety Code and Section 335 of this Plan, or debt established in
order to fulfill the Agency's obligations under Section 33413 of the Health and Safety Code and
Section 334 of this Plan.
G. [Section 507] Other Loans and Grants
Any other loans, grants, guarantees, or financial assistance from the United States, the
State of California, or any other public or private source will be utilized if available as appropriate in
carrying out the Project. In addition, the Agency may make loans as permitted by law to public or
private entities for any of its redevelopment purposes.
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VI. [Section 600] ACTIONS BY THE CITY
The City shall aid and cooperate with the Agency in carrying out this Plan and shall take all
actions necessary to ensure the continued fulfillment of the purposes of this Plan and to correct and
mitigate the damage from the Earthquake to the Stadium and to prevent the recurrence or spread in
the area of conditions causing blight. Actions by the City may include, but are not limited to, the
following:
Institution and completion of proceedings for opening, closing, vacating, widening, or
changing the grades of streets, alleys, and other public rights-of-way, and for other
necessary modifications of the streets, the street layout, and other public rights-of-
way in the Project Area. Such action by the City shall include the requirement of
abandonment, removal, and relocation by the public utility companies of their
operations in public rights-of-way as appropriate to cant' out this Plan, provided that
nothing in this Plan shall be construed to require the cost of such abandonment,
removal, and relocation be bome by others than those legally required to bear such
costs.
2. Institution and completion of proceedings necessary for changes and improvements
in private and publicly -owned public utilities within or affecting the Project Area.
3. Revision of the Zoning Ordinance or adoption of specific plans as appropriate within
the Project Area to permit the land uses and development authorized by this Plan.
4. Imposition wherever necessary (by covenants or restrictions, conditional use permits
or other means) of appropriate controls within the limits of this Plan upon parcels in
the Project Area to ensure their proper development and use.
5. Execution of statutory development agreements where necessary and appropriate to
facilitate developments approved by the Agency.
6. Provision for administrative enforcement of this Plan by the City after development.
7. Performance of the above actions, and of all other functions and services relating to
public health, safety, and physical development normally rendered in accordance
with a schedule which will permit the redevelopment of the Project Area to be
commenced and carried to completion without unnecessary delays.
8. Provision of services and facilities and the .various officials, offices and departments
of the City for the Agency's purposes under this Plan.
9. Provision of financial assistance in accordance with Section 500 of this Plan.
10. The undertaking and completing of any other proceedings necessary to cant' out the
Project.
The foregoing actions to be taken by the City may involve financial outlays by the City, but
do not constitute a commitment to make such outlays.
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VII. [Section 700] ENFORCEMENT
The administration and enforcement of this Plan, including the preparation and execution of
any documents implementing this Plan, shall be performed by the Agency and/or the City.
The provisions of this Plan or other documents entered into pursuant to this Plan may also
be enforced by court litigation instituted by either the Agency or the City. Such remedies may
include, but are not limited to, specific performance, damages, re-entry, injunctions, or any other
remedies appropriate to the purposes of this Plan. In addition, any recorded provisions which are
expressly for the benefit of owners of property in the Project Area may be enforced by such owners.
VIII. [Section 800] DURATION OF THIS PLAN
Except for the non-discrimination and non -segregation provisions imposed by the Agency
which shall run in perpetuity, and the affordable housing covenants imposed by the Agency which
shall continue in effect for a period as may be determined and specified by the Agency, the
provisions of this Plan shall be effective, and the provisions of other documents formulated
pursuant to this Plan may be made effective, for 30 years from the effective date of the ordinance
adopting this Plan by the City Council; provided, however, that, subject to the limitations and
exceptions thereto set forth in Sections 504 and 506 of this Plan, the Agency may issue bonds and
incur obligations pursuant to this Plan which extend beyond the termination date, and in such event,
this Plan shall continue in effect for the purpose of repaying such bonds or other obligations until
the date of retirement of such bonds or other obligations.
IX. [Section 900] PROCEDURE FOR AMENDMENT
This Plan may be amended by means of the procedure established in the Health and Safety
Code, or by any other procedure hereafter established by law.
X. [Section 1000] SEVERABILITY
If any provision, section, subsection, subdivision, sentence, clause or phrase of this Plan is
for any reason held to be invalid, unenforceable, or unconstitutional, such decision shall not affect
the validity and effectiveness of the remaining portion or portions of the Plan. In the event that any
portion of the Project Area shall be determined to have been invalidly or incorrectly included in the
Project Area that is the subject of this Plan, such portion of the Project Area shall be deemed
severable from the remainder of the Project Area and shall remain fully subject to the provisions of
this Plan.
25
EXHIBIT "A"
RECOVERY PLAN MAP
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94145.02(A)
06-03-94
Revised
06-29-94
EXi-IIBTr "B"
ANAHEIM STADIUM PROJECT
IN '•1 44
That portion of Lots 2 through 5 of Tract No. 71 in the City of Anaheim, County of
Orange, State of California, as shown on the map recorded in Book 10, Page 22 of
Miscellaneous Maps in the office of the County Recorder of said County, together with
that portion of Lot 7 of the Travis Tract as shown on the trap recorded in Book 5, Page
120 and that portion of Lot 8 of the Glassell and Chapman Tract as shown n the map
recorded in Book 5, Page 408, both of Miscellaneous Records in the office of the County
Recorder of Los Angeles County, California, and together with that portion of Rancho
Sanitago De Santa Ana, described as follows:
Beginning at the intersection of the centerline of State College Boulevard, of variable
width, with the centerline of Orangewood Avenue, of variable width, as shown on the
map filed in Book 72, Page 18 of Records of Surveys in the office of said County
Recorder of Orange County; thence North 0°08'00" West 667.79 feet along said
centerline of State College Boulevard to the TRUE POINT OF BEGINNING, said point
being on the Westerly prolongation of that certain course shown as "EAST 861.87' " for a
portion of the Southerly line of the parcel of land shown on said map filed in Book 72,
Page 18 of Records of Surveys; thence WEST 53.00 feet along said prolongation to a line
parallel with and Westerly 53.00 feet from said centerline of State College Boulevard;
thence North 0°08'00" West 1417.80 feet along said parallel line to the Westerly
prolongation of the Southerly line of Parcel B as shown on the map filed in Book 22,
Page 32 of Parcel Maps in the office of said County Recorder of Orange County; thence
South 89°59'15" East 801.00 feet along said prolongation, said Southerly line and the
Easterly prolongation thereof to an angle point in the Westerly line of said parcel of land
shown on the map filed in Book 72, Page 18 of Records of Surveys; thence North
0°08'00" West 595.16 feet along said Westerly line and the Northerly prolongation
thereof to a point on the centerline of Katella Avenue, of variable width, as shown on said
map filed in Book 72, Page 18 of Records of Surveys, said centerline being a non -tangent
curve concave Northwesterly having a radius of 1000.00 feet, a radial line to said point
bears South 19°21'32" East; thence along said centerline, the following courses:
Northeasterly 379.56 feet along said curve through a central angle of 21°44'49" and North
48°53'39" East 219.33 feet to the Southwesterly line of the Atchison, Topeka and Santa
Fe right of way, 100.00 feet in width; thence South 70°52'09" East 1663 feet, more or
less, along said Southwesterly line to a point on the Southwesterly right of way line of the
Orange Freeway (Route 57), said Southwesterly right of way line being a non -tangent
curve concave Northeasterly having a radius of 4000.00 feet, a radial line to said point
bears South 68°46'16" West; thence along saie Southwesterly right of way line, the
following courses: Southeasterly 250.49 feet along said curve through a central angle of
1:0:11011081
PAGE 2
94145.02(A)
06-03-94
Revised
06-29-94
3°35'17", South 24049'01" East 59.93 feet, South 59°28'21" West 87.39 feet, South
23038'18" East 148.12 feet, South 28017'00" East 588.15 feet and South 22026'57" East
73.60 feet to the Westerly line of the Santa Ana River Channel as described in the deed to
the Orange County Flood Control District recorded May 1, 1961 in Book 5707, Page 151
of said Official Records, said Westerly line being also the boundary of the City of
Anaheim; thence South 17°59'44" West 1690 feet, more or less, along said Westerly line
and said boundary to the Southerly line of Orangewood Avenue, 90.00 feet in width, as
described in Resolution No. 78R-174 of the City Council of the City of Anaheim
recorded April 11, 1978 in Book 12630, Page 1296 of said Official Records; thence
leaving said boundary along said Southerly line, the following courses: South 89°56'08"
West 50.82 feet to the beginning of a tangent curve concave Northerly having a radius of
1245.00 feet, Westerly 419.11 feet along said curve through a central angle of 19°17'16"
to the beginning of a reverse curve concave Southerly having a radius of 1155.00 feet,
Northerly 387.51 feet along said curve through a central angle of 19°13'24" and WEST
514.23 feet to the Southerly prolongation of that certain course shown as "N 00°08'00" W
667.79' " for a portion of said Westerly line of the parcel of land shown on the map filed
in Book 72, Page 18 of Records of Surveys; thence along said prolongation, said
Westerly line and the general Southerly line of said parcel of land, the following courses:
North 0°08'00" West 757.79 feet, WEST 250.57 feet to a point on a non -tangent curve
concave Southeasterly having a radius of 344.26 feet, a radial line to said point bears
South 78°32'12" East, Northeasterly 119.12 feet along said curve through a central angle
of 19049'31", North 31°17'19" East 8.53 feet to a point on a non -tangent curve concave
Northwesterly having a radius of 3672.29 feet, a radial line to said point bears South
58°42'21" East, Northeasterly 61.23 feet along said curve through a central angle of
0°57'19" to a point of cusp with a compound curve concave Northwesterly having a
radius of 374.26 feet, a radial line to said point bears South 59°39'40" East,
Southwesterly 283.43 feet along said curve through a central angle of 43°23'25", and
WEST 861.87 feet; thence continuing West 53.00 feet to the true point of beginning.
Containing an area of 159.00 acres, more or less.
V
LAND SU9�F
JAMES F. o9
GILLEN
UP. 1/30/97
No. 5557
�l
\OF CAL%f�
EXHIBIT "C"
Anaheim Redevelopment Agency
Anaheim Stadium Project
PUBLIC IMPROVEMENTS
I. Transportation, Traffic and Street Improvement Projects
Freeway, street and alley construction, reconstruction, widening, signalization, curbs,
gutters, sidewalks, and other improvements necessary to upgrade, modernize and improve any or
all of the following:
A. Intersection Capacity Improvements
1. Katella/State College
2. State College/Orangewood
3. Katella/57 Freeway
4. Orangewood/57 Freeway
B. Street Widening/Reconstruction
1. Katella Avenue
2. State College Boulevard
3. Orangewood Avenue
C. Intermodal Transportation Improvements
1. Orange County Urban Rail (station and connecting rail)
2. Transitway Interchange (57 Freeway)
3. Amtrack Station Improvements
D. Grade Separation at State College Boulevard
E. Public Parking Facilities
1. Amtrack Parking
2. Stadium Public Parking Facilities
U. Public Utility Improvements
Construction, upgrading, replacement, or other improvements of public facilities as
follows:
A. Storm Drains
B. Sewer Facilities
C. Water System Facilities
D. Electrical System Facilities
M. Landscape, Streetscape and Other Related Facilities
A. Landscaping, street beautification @ 57 Freeway
B. Katella Avenue landscaping
C. State College Boulevard landscaping
D. Orangewood Avenue landscaping
E. Median islands with landscaping
F. Bike lanes - striping only
IV. Stadium Improvements
Repair, improve, modify and/or reconstruct Anaheim Stadium including associated
parking improvements and ancillary facilities
ORDINANCE NO. 5442
AN ORDINANCE OF THE CITY OF ANAHEIM APPROVING AND
ADOPTING THE RECOVERY PLAN FOR THE ANAHEIM STADIUM
PROJECT
WHEREAS, the City Council of the City of Anaheim (the "City Council") has received from the
Community Redevelopment Commission of the City of Anaheim (the "Redevelopment Commission') the
proposed Recovery Plan for the Anaheim Stadium Project (the "Recovery Plan" or "Plan"), a copy of which is
on file at the office of the City Clerk, 200 South Anaheim Boulevard, Anaheim, California, and at the office of
the Community Redevelopment Commission at 201 South Anaheim Boulevard, Anaheim, California including
the reasons for the selection of the Project Area, a description of the specific projects proposed by the Anaheim
Redevelopment Agency (the "Agency's in the Project Area, an Implementation Plan, the proposed method of
financing the redevelopment of the Project Area, a summary of consultations with Project Area owners and
businesses, the report of the county fiscal officer and the Community Redevelopment Commission's analysis
thereof, and a summary of consultations with taxing agencies; and
WHEREAS, the City Council, Community Redevelopment Commission and the Agency held a joint
public hearing on August 2, 1994 on the adoption of the Recovery Plan in the Anaheim City Council Chambers,
200 South Anaheim Boulevard, Anaheim, California; and
WHEREAS, notice of said hearing was duly and regularly published in the Orange County Register,
newspaper of general circulation in the City of Anaheim, 10 days prior to the date of said hearing, and a copy of
said notices and affidavits of publication are on file with the City Clerk, the Community Redevelopment
Commission and the Agency.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES ORDAIN
AS FOLLOWS:
Section 1. The purposes and intent of the City Council with respect to the Project Area are to
accomplish the following:
Rehabilitation of the facilities, buildings, structures, improvements and appurtenances to the
Anaheim Stadium (the "Stadium') to alleviate damage caused by the January 17, 1994
earthquake (the "Earthquake'), and correction of design defects and public improvement
deficiencies;
2. Provide for participation in the development of property in the Project Area through a process
afforded to owners and providing for reentry for business occupants of properties located in the
Project Area, consistent with the Recovery Plan and the "Rules Governing Participation and
Preferences By Property Owners, and Reentry and Preferences By Business Occupants in the
Anaheim Stadium Project" (the "Rules") adopted by the Agency;
3. Acquisition of real property, personal property, and any and all interests therein;
4. Management of property under the ovmership and control of the Agency;
Provide relocation assistance and make the payments required by Chapter 16, commencing with
Section 7060 of Division 7 of Title 1 of the Government Code (the "CRAL") and other
applicable laws and regulations to displaced persons who move from real property or who move
their personal property from real property as a direct result of the acquisition, rehabilitation,
demolition or other displacing activity as the Agency may prescribe under a program or project
undertaken by the Agency in the Project Area;
6o54.win
osoa¢ux
1
6. Demolition or removal of buildings and improvements;
Installation, construction, expansion, addition, extraordinary maintenance or reconstruction of
any streets, utilities, buildings, structures and other public facilities and improvements which are
publicly owned;
Disposition of property for uses in accordance with the Recovery Plan;
9. Development of land by private enterprise and public agencies for uses in accordance with the
Recovery Plan;
10. Rehabilitation of structures and improvements by present owners, their successors, and the
Agency;
11. Rehabilitation, development or construction of Low or Moderate Income housing within the.
Project and/or the City; and
12. Providing for the retention of controls and establishment of restrictions or covenants running
with the land so that property will continue to be used in accordance with the Recovery Plan.
Section 2. The City Council hereby finds and determines, based on the evidence in the record,
including, but not limited to, the Community Redevelopment Commission's Report to the City Council on the
proposed Recovery Plan for the Anaheim Stadium Project, and all documents referenced therein, and evidence
and testimony received at the joint public hearing on adoption of the Recovery Plan held on August 2, 1994, that:
a) The Project Area is in need of redevelopment and rehabilitation or renewal as a result of
damage to the Stadium caused by the Earthquake and is included within an area certified by the Governor of
California as in need of disaster assistance and for which the President of the United States has determined to be
a major disaster pursuant to the Community Redevelopment Financial Assistance and Disaster Project Law
Section 34000 et seq, of the Health and Safety Code. This finding is based upon damage to the Stadium caused
by the Earthquake including:
(1) The collapse and destruction of a portion of the Stadium roof structure; and
(2) The collapse and destruction of a video display system; and
(3) The destruction of approximately 1,000 Stadium seats; and
(4) The destruction of restrooms and a concession area.
Such conditions are causing and will increasingly cause a reduction and lack of proper
utilization of the area to such an extent that it constitutes a serious physical and economic burden on the City
which cannot reasonably be expected to be reversed or alleviated by private enterprise acting alone, requiring
redevelopment in the interest of the health, safety and general welfare of the people of the City and the State.
Federal grants and insurance will provide the majority of funds necessary to finance the repairs, but are
insufficient to fully cover the cost of replacem.-nt and repairs.
b) The Recovery Plan will redevelop the Project Area in conformity with the Sections
33000 et seq, and 34000 et seq. of the Health and Safety Code and in the interest of the public peace, health,
safety and welfare. This finding is based upon the fact that the purposes of Sections 33000 and 34000 of the
Health and Safety Code would be attained by the Project by mitigating damage to the Stadium, facilities,
buildings, structures, improvements, appurtenances and environs relating to and arising from the Earthquake,
including without limitation the correction of defective design characteristics of the Stadium and associated
access and circulation deficiencies. The Plan will protect and promote sound development and redevelopment
and the general welfare of the citizens of the City by remedying such conditions through appropriate means; and
through the installation of new, or replacement of existing, public improvements, facilities and utilities in areas
which are currently inadequately served with regard to such improvements, facilities and utilities. In addition,
the Plan will provide for the expansion of the community's supply of housing, including housing for persons and
families of low or moderate income households, as the term is defined by Section 50093 of the Health and Safety
Code or successor statutes. Finally, by repairing the earthquake damage, the Recovery Plan will preserve
existing businesses, operations, community facilities, and jobs within the Project Area. These activities could not
be accomplished by private enterprise acting alone without public participation and assistance.
C) The adoption and implementation of the Recovery Plan is economically sound and
feasible. This finding is based on the fact that under the Recovery Plan the Agency will be authorized to seek
and utilize a variety of potential financing resources, including: the City of Anaheim and other local public
entities, State of California, federal government, tax increment funds, special assessment districts, donations,
interest income, Agency bonds, loans from private financial institutions, the lease or sale of Agency-owned
property, participation in development or any other available sources, both public and private. The nature and
timing of public redevelopment assistance will depend on the amount and availability of such financing
resources, including tax increments, generated by new investment in the Project Area; that under the Recovery
Plan no public redevelopment activity can be undertaken unless the Agency can demonstrate that it has adequate
revenue to finance the activity; and that the financing plan included within the Community Redevelopment
Commission's Report to the City Council demonstrates that sufficient financial resources will be available to
carry out the Project.
d) Condemnation of real property within the Project Area is necessary for the execution
and viability of the Recovery Plan. The Recovery Plan has provided adequate financial provisions for the
condemnation of real property in the Project Area, but no real property will be acquired until adequate Agency
funds are available to pay full compensation for real property condemned under the Recovery Plan.
e) The Agency has presented a plan for the encouragement, to the maximum extent
feasible, of the provision of dwellings suitable for the needs of families displaced by the Earthquake or by
redevelopment, rehabilitation or renewal activities. This finding is based upon the fact that there are no
residential units or residents within the Project Area and the General Plan does not permit the development of
residential units within the Project Area. However, in the unlikely event that a resident outside of the Project
Area would be displaced as a result of the implementation of the Project, the Recovery Plan provides for
relocation assistance according to Sections 33410 and 33411 of the Health and Safety Code and the fact that
such assistance, including relocation payments, constitutes a feasible method for relocation.
f) There are no persons or families who reside in the Project Area. However, in the
unlikely event that persons or families are proposed to be displaced as a result of Agency actions within the
Project Area, there are decent, safe and sanitary dwellings equal in number to the number of and available to
such displaced persons or families which is reasonably accessible to their places of employment and which are
within areas of the City not generally less desirable with regard to public utilities and commercial facilities and
which are available at rents or prices within the financial means of such displaced person or families. As a result
of the availability of such replacement housing to displaced persons or families, no person or family will be
required to move from any dwelling unit until suitable replacement housing is available for occupancy. In
addition, such replacement housing must meet the standards established in the state law and regulations.
g) All noncontiguous areas of the Project Area are either blighted or necessary for effective
redevelopment and are not included for the purpose of obtaining the allocation of taxes from the area pursuant to
Section 33670 of the Health and Safety Code without other substantial justification for their inclusion. This
finding is based on the fact that the Project Area is contained within a single continuous boundary.
h) Inclusion of any lands, buildings, or improvements which are not detrimental to the
public health, safety or welfare is necessary for the effective redevelopment of the entire area of which they are a
part, and any such area is not included solely for the purpose of obtaining the allocation of tax increment
revenues from such area pursuant to Section 33670 of the Health and Safety Code without other substantial
justification for its inclusion. This finding is based upon the fact that the Project Area is within a designated
disaster area, that the Stadium sustained significant damage as a result of the Earthquake, and that all properties
within Project Area boundaries were included because they are part of the Stadium facility, or are necessary
either to accomplish the objectives and benefits of the Recovery Plan or because of the need to impose uniform
requirements on the Project Area as whole. Such properties will share in the benefits of the project.
i) The Project Area is predominantly urbanized. This finding is based upon the fact that
the entire Project Area is either developed or was previously developed for urban uses. In addition, the Project
Area is part of an area developed for urban uses.
D The time limitation and, if applicable, the limitation on the number of dollars to be
allocated to the Agency that are contained in the Recovery Plan are reasonably related to the proposed Project to
be implemented in the Project Area to achieve the objectives of the Recovery Plan within the Project Area. This
finding is based on the fact that the Agency will make payments pursuant to Section 33607.5(2) of the Health
and Safety Code to the affected taking agencies to be allocated among the affected taxing agencies in proportion
to the percentage share of property taxes each affected taking entity receives during the fiscal year unless
otherwise provided by related sections of the Health and Safety Code.
Section 3. The City Council is satisfied that permanent housing facilities will be available within
three ' years from the time residential occupants of the Project Area are displaced, and that pending the
development of such facilities, there will be available to any such displaced residential 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 and moderate income shall be displaced from residences unless and until there is a
suitable housing unit available and ready for occupancy by such displaced persons or families at rents
comparable to those at the time of their displacement. Such housing units shall be suitable to the needs of such
displaced persons or families and must be decent, safe, sanitary and otherwise standard dwellings.
Section 4. Written and oral objections presented to the City Council at the hearing having been
considered and, in the case of written objections received from Project Area property owners and affected taxing
agencies, having been responded to in writing are hereby overruled.
Section 5. That a certain document entitled "Recovery Plan for the Anaheim Stadium Project" the
map contained therein, and such other reports as are incorporated therein by reference, a copy of which is on file
in the office of the Agency and the Community Redevelopment Commission, and the office of the City Clerk,
having been duly reviewed and considered, is hereby incorporated in this Ordinance by reference and made a part
hereof, and as so incorporated is hereby designated, approved, and adopted as the official "Recovery Plan for the
Anaheim Stadium Project".
Section 6. In order to implement and facilitate the effectuation of the Recovery Plan hereby
approved, this City Council hereby: (a) pledges its cooperation in helping to carry out the Recovery Plan, (b)
requests the various officials, departments, boards, and agencies of the City having administrative
responsibilities in the Project Area likewise to cooperate to such end and to exercise their respective functions
and powers in a manner consist:,nt with redevelopment of the Project Area, (c) stands ready to consider and take
appropriate action upon proposals and measures designed to effectuate the Recovery Plan, and (d) declares its
intention to undertake and complete any proceeding, including the expenditure of moneys, necessary to be
carried out by the City under the provisions of the Recovery Plan.
Section 7. 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 Recovery Plan.
4
Section 8. The City Clerk is hereby directed to record with the County Recorder of Orange County
a description of the land within the Project Area and a statement that proceedings for the recovery of the Project
Area have been instituted under the Health and Safety Code.
Section 9. The Building and Safety Department of the City of Anaheim is hereby directed for a
period of two (2) years after the effective date of this Ordinance to advise all applicants for building permits
within the Project Area that the site for which a building permit is sought for the construction of buildings or for
other improvements is within a redevelopment project area.
Section 10. The City Clerk is hereby directed to transmit a copy of the description and statement
recorded by the City Clerk pursuant to Section 8 of this Ordinance, a copy of this Ordinance, and a map
indicating the boundaries of the Project Area, to the Auditor-Controller and Assessor of the County of Orange, to
the governing body of each of the taxing agencies which receives takes from property in the Project Area, and to
the State Board of Equalization, within thirty days following the adoption of the Recovery Plan.
Section 11. PUBLICATION - The City Clerk is hereby ordered and directed to certify to the
passage of this Ordinance and to cause the same to be published in the Orange County Register, newspaper of
general circulation, published and circulated in the City of Anaheim.
Section 12. SEVERABILITY - If any part of this Ordinance or the Recovery Plan 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 Recovery Plan, and this Council hereby declares that it would have passed the
remainder of the Ordinance or approved the remainder of the Recovery Plan if such invalid portion thereof had
been deleted.
Section 13. EFFECTIVE DATE - This ordinance shall be in full force and effect immediately upon
approval and adoption.
Section 14. DECLARATION OF URGENCY - The City Council declares that this Ordinance is
necessary as an emergency measure for the immediate preservation of the public peace, health or safety and the
reasons for its urgency are as follows:
1. On January 17, 1994, Southern California experienced an earthquake of a
magnitude of 6.8 centered in the San Fernando Valley. The Earthquake caused significant damage to homes,
businesses and major freeways in the Southland. In Orange County, the Anaheim Stadium, a landmark as well
as a source of employment and revenue to the County of Orange and City, sustained significant structural and
physical damage when a large scoreboard located above a seating area on the north side of the Stadium collapsed
into the Stadium. Subsequently, the Governor of California certified the need for disaster assistance and the
President of the United States determined portions of Southern California, including the City of Anaheim, to be a
major disaster area. Damage to the Stadium was assessed at approximately $10 million and has left a portion of
the Stadium not fit for occupancy or use for some Stadium activities. In order to further avoid impacting
sporting events and other activities held at the Stadium, as well as losing substantial ticket revenues, and to
provide another source of revenue to repair and revitalize the Stadium, the Anaheim Redevelopment Agency by
this Ordinance will adopt a Recovery Project under the Community Redevelopment Financial Assistance and
Natural Disaster Project Law, Section 34000 et. seq. of the Health and Safety Code.
2. Section 34013(h) of the Health and Safety Code sets forth that this Ordinance may
be adopted as an emergency ordinance.
3. Unless this Ordinance is adopted as an urgency measure, the Anaheim Stadium
recovery, both structurally and economically, may be impacted and impeded which would be detrimental to the
public safety, health and welfare of the community.
APPROVED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF ANAHEIM,
THIS 9th DAY OF August , 1994. l
\/ Mayor
ATTEST•
2��
City Clerk
APPROVED AS TO
City
R
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 urgency Ordinance
No. 5442 was duly passed and adopted at a regular meeting of the City Council of the City of Anaheim held on the
9th day of August, 1994 and after reading of the ordinance by the City Attorney by the following vote of the members
thereof:
AYES:
COUNCIL MEMBERS:
NOES:
COUNCIL MEMBERS:
ABSENT:
COUNCIL MEMBERS:
Feidhaus, Hunter, Pickier, Simpson, Daly
None
None
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Ordinance No. 5402 on the 10th day
of August, 1994.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 10th
day of August, 1994.
CITY CLERK OF THE CITY OF ANAHEIM
(SEAL)
1, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of
Ordinance No. 5442 and was published once in the Anaheim Bulletin on the 18th day of August, 1994.
e-;� S;�L
CITY CLERK OF THE CITY OF ANAHEIM
DF ?HE ORIGINAL ON Fi�-%i` i
;r` .C• al'?EST:
awN M. SAUVAGEAU. ASSISTANT CITY CLERK OF �-
CITY OF
TYANAHEIM
ORDINANCE NO. 5918
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM APPROVING pNEeANT
TO THE REDEVELOPMENTNT PLAN FOR THSTAD U
REDEVELOPMENT PROJECT
WHEREAS, the Anaheim Redevelopment Agency ("Agency") is a community
redevelopment agency organized and existing under the California Community Redevelopment
Law, Health and Safety Code Section 33000, et. seq., ("CRL") and has been authorized to
transact business and exercise the powers of a redevelopment agency pursuant to action of the
City Council of the City of Anaheim ("City Council"); and
WHEREAS, on August 9, 1994, by Ordinance No. 5442, the City Council approved and
adopted the Redevelopment Plan ("Existing Plan) for the Stadium Redevelopment Project
("Project Area"); and
WHEREAS, the ordinances adopting the Existingr Pmanon mae b amended the 1lectively,C City Council
"Original Ordinances"), including the findings and de
therein are made part hereof by this reference; and
WHEREAS, the Agency is vested with the responsibility to carry out the Existing Plan;
and
WHEREAS, as a part of this amendment proceeding, the Agency desires to amend the
Existing Plan ("Amendment") to merge the Project Area with the Alpha, River Valley, Plaza,
West Anaheim Commercial Corridors, and Commercial/Industrial Redevelopment Projects
("Merged Project Area") to allow the combining
of tax increment revenues from each and all of
these constituent project areas so that taxes attributable to each constituent project area which are
allocated to the Agency pursuant to CRL Section 33670(b) are allocated to the entire Merged
Project Area for the purpose of paying principal of, and interest on, indebtedness incurred by the
Agency to finance or refinance, in whole or in part, the Merged Project Area; except that any
such taxes attributable to any constituent project area shall first be used to pay indebtedness in
compliance with the terms of any bond resolution or other agreement pledging orapprovecd bes from
the constituent project area, which resolution or other agreement was adop
the
cts; and except as otherwise noted above, tax
Agency prior to the merging of these proje
increment revenue attributed to each constituent project may be used for any lawful purpose in
any constituent project now within the Merged Project Area; and
WHEREAS, further, the Amendment (as well as the concurrent amendments to the other
constituent project areas) creating the Merged Project Area will best facilitate the revitalization
of blighted areas through economic vitality and increased and improved housing opportunities
pursuant to CRL Article 16, Section 33485, et seq.; and
WHEREAS, the City Council has received from the Agency the proposed Amendment, a
copy of which is on file at the office of the City Clerk,
City Hall East, 200 S. Anaheim
Boulevard, Anaheim, California, 92805, together with the Agency's Report to the City Council
on the Amendment and Supplement to the Report to the City Council on the Amendment,
F:\Docs\DEVSVCS\RES OLUTN\RCR4430G.doc
ms; the
including the reasons for the Amendment; proposed projjeecetts`and prograhich des the Proposjeced proporea;sed
of financing the redevelopment of the Merged Probe
report of the Planning Commission of the City withrespect
Plan"); nenghborhood impformity of the act reportena
with the General Plan of the City of Anaheim (G )
summary of consultations with Project Area property
fe ted taxing a usinesesSeand d community
organizations; and a summary of consultations with
WHEREAS, a project area committee was not required to be formedin connectionacquire, by
this Amendment because it does not affect the existing authority of the Agency
eminent domain, property on which a substantial number of low and moderate income persons
reside and because this Amendment does not contain additional public projects and does not
grant the Agency authority to fund or develop additional public projects that would displace a
substantial number of low and moderate income persons; and
WHEREAS, although this Amendment, and each of uresuroant to the CRL meto fa meats
causing the merger, will be considered and adopted separately p
their consideration this Amendment and each of the proposed plan amendments causing the
merger have been aggregated and presented together in a single joint public hearing; and
WHEREAS, the City Council and the Agency held aC public hearing
Hall East 4200 ay 1,
2004, on the adoption of the Amendment in the City Council
Anaheim Boulevard, Anaheim, California, 92805; and
WHEREAS, notice of said joint public hearing was duly and regularly published in a
newspaper of general circulation in the City, once a week for four successive aid notice was mailed, byfirst weeks priorass to t to
date of such joint public hearing, and a copy of ll known residents and businesses located on
each last known assessee of each parcel and to a
each parcel in the Project Area not less than thirty days prior to the date of commencement of the
joint public hearing and affidavits of such publication and such mailing are on file with the City
Clerk and the Agency; 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 affected taxing agency which
receives taxes from property in the Project Area; and
WHEREAS, the Agency, in accordance with CRL Section 33488, haso itsed timely the to
State of California — Department of Housing and Community Development
merge the Project Area with the Alpha, River Valley, Commercial/Industrial, West Anaheim
Commercial Corridors, and Plaza Redevelopment Projects; and
WHEREAS, in conformity with the requirements of CRL Section 33490, the Agency has
previously adopted and has in place an implementation plan for the Existing Plan and each of the
constituent project areas ("Implementation Plan") that describes the redevelopment project areas,
the specific goals and objectives for the project areas, and the specific progrrams,incl of duck
ing
potential projects and estimated expenditures proposed during the five (5) y
ear teImplementation Plan, and further, the Implementation Plan includes an explanation of how the
goals, objectives, programs, and expenditure will eliminate blight in the project area and
implement the affordable housing requirement of the CRL; and
F:\Docs\DEVSVCS\RESOLUTN\RCR4430G.doc
z
for the
ble five year
WHEREAS, the Implementation Plan inWith histAmendmeploraother merger
period, and does not require amendment in connection
proceedings; and
WHEREAS, these proceedings for the merger of all existing project areas have
proceeded pursuant to and in conformity withC�hsection constituen�proi86 ect area as provided in
hrough the proposed
amendment of each affected redevelopment plan for
Article 12 of CRL Section 33450, et seq.; and
WHEREAS, Section 33457.1 of Article 12 provides that to the extent warranted by a
proposed amendment to a redevelopment plan, the reports and information required by Section
33352 and 33367 will be prepared; and
WHEREAS, Section 15061 of the Guidelines for the California Environmental Quality
Act (CEQA), Title 1-14,
California Code of Regulations, Sections 15000, et seq. ("CEQA
Guidelines"), provides that after a preliminary review a public agency may determine that a
project is exempt from the provisions of CEQA; and
WHEREAS, . as to the proposed Amendment, the exemption set forth in Section.
15061(b)(2) is applicable to this Ordinance and the project approved hereby, states that
{ amending the Existing Plan so that it is merged with all other existing project
areas
rthoicreate the
Section
exemp
:_ 1vlerged Project Area is exempt pursuant to the catg mechanismor other government fiscal
r in that. creation of a government funding
33' 8(h)(`I}, specific ro ect which may result in a
.^.
'-activit�r which does not involve any commitment to any sp P J
,AA.poten.tially significant physical impact on the environment; and
WHEREAS, after determining that a project is exempt, the Agency may prepare a notice
^;.�,, of exemption wbdch may be filed with the county cleric after the project is approved; and
WHEREAS, a preliminary review of environmental impacts was prepared to connection
:1 with the proposedAmendment, which will cause the merger of the Existing Plan. .adthe
vrith all other existing project areas, the exemption of Section 15378(b)( ;� app
merger .proceedings are a govern~nent funding
mechanism or other government fiscal activity
and therefore nota "project" under said section and exempt under CEQA and the CEQA.
Guidelines; and.
'WHEREAS.): the- City Council has considered the report and recommendation
dmont Oto the
f the
Planning, Commission, the Report to the City Council of the Agency,
Existing..Plan, has provided an opportunity for all persons to be heard. and -has received and
of the
considered all evidence and testimony present ed. for or against any objection. o �anSaffected
Amendment and has made written findings. in response to each written J such joint
property owner or taxing entity, if any, filed with the Cit Clerl: before or during J
public hearing; and
WHEREAS, all actions required by law have neer_ taken by all appropriate public
bodies.
NOW, THEREFORE, THE CITY COUNCIL OF THE C]1TX :OF ANAHEIM
DOES HEREBY,,FIND AND ORDAIN AS FOLLOWS:
r',[, cr,\Ds_'JSVCS\RESOLL.rrN\RCR4430G.doc
3
Section 1. The foregoing recitals are fully incorporated herein and made a substantive
part of this Ordinance.
Section 2. The City Council having considered the preliminary review of environmental
impacts prepared in connection with the proposed Amendment, including the record of these
proceedings and the above recitals, hereby finds and determines that Amendment to the
Redevelopment Plan for the Stadium Redevelopment Project is exempt from further
enviromnental review pursuant to Sections 15061(b)(2) and (3) and Section 15378(b)(4) of the
CEQA Guidelines.
Section 3. The City Clerk is hereby authorized to prepare and file a Notice of Exemption
with the Clerk for the County of Orange upon approval of the Amendment by the City Council.
Section 4. Based on the evidence in the record, including, but not limited
nce twith CRL
Agency's Report to the City Council on the Amendment prepared
in
Section 33352, and all documents referenced therein, and evidence and testimony received at the
joint public hearing on adoption of the Amendment held on May 11, 2004, and the Original
Ordinances, the City Council hereby makes the following findings and determinations as
warranted by the Amendment:
a) The implementation of the Amendment (and the other amendments
causing the merger) will promote the public peace, health, safety and welfare of the City
of Anaheim and will effectuate the purposes and policies of the CRL. This fit ding is
to the
based on the fact that the Amendment is and will be of substantial bene
community and contribute to the revitalization of blighted areas through increased
economic vitality of such areas, and increased and improved housing opportunities, in
particular the financial benefits and feasibility of the Merged Project Area that will
accrue due to the merger.
b) The carrying out of the Amendment would promote the public peace,
health, safety and welfare of the City and would effectuate the purposes and policies of
the CRL. This finding is based on the fact that redevelopment will benefit the Project
Area and the Merged Project Area as a whole by correcting conditions of blight and by
coordinating public and private actions to stimulate development and improve the
economic and physical conditions of the Merged Project Area including the Project Area.
C) The adoption and carrying out of the Amendment is economically sound
and feasible. This finding is based on the fact that under the Existing Plan and the
Amendment the Agency will continue to be authorized to seek and utilize a variety of
potential financing resources, including property tax increment revenues; that the nature
and timing of public redevelopment assistance within the Project Area will continue to
depend upon the amount and availability of such financing resources, including tax
increment generated by new investment in the Merged Project Area; that under the
Existing Plan and the Amendment no public redevelopment activity can be undertaken
unless the Agency can demonstrate that it has adequate revenue to finance the activity;
and that the financing plan included within that sufficient fi ientfnancial resources weport to the City �ll be
uncil
prepared for the Amendment demonstrates
available to carry out the implementation of the Existing Plan and will allow flexibility
F:\Docs\DEVSVCS\RESOLUTN\RCR4430G.doc 4
within the Merged Project Area in addressing the most pressing needs and respond to
market forces more effectively.
d) The Amendment is consistent with the General Plan, including, but not
limited to, the Housing Element of the General Plan, which substantially complies with
the requirements of Article 10.6 (commencing with Section 65580) of Chapter 3 of
Division 1 of Title 7 of the Government Code. This l the Amendmentding is based s conforms to the
on the General
Plan and the findings of the Planning Commission that
General Plan as set forth in its Resolution No. 2004-28.
e) The condemnation of real property may be necessary for the overall
execution of the Existing Plan. The Agency has eminent domain authority within the
Project Area and adequate provisions have been made for payment for property that may
be acquired as provided by law. This finding is based upon the facts set forth in the
Existing Plan and the Agency's Reports) to the City Council prepared for the Existing
Plan, in particular that without eminent domain authority, the Agency's redevelopment
efforts may be impaired. This finding is further based on the fact that in connection with
the acquisition of property by the Agency, the Agency will comply with all applicable
provisions of the California Eminent Domain Law (Code of Civil Procedure Section
1230.010 et seq.), including provisions requiring the payment of just compensation.
f) The Agency has a feasible method and plan for the relocation of families
and persons who might be displaced, temporarily or permanently, from housing facilities
in the Merged Project Area. The Agency also has a feasible method and plan for
relocation of businesses. This finding is based upon the fact that in conjunction with the
adoption of the Original Ordinance, the Agency had prepared a method or plan for
relocation of families, persons and businesses that may be displaced by Agency projects.
The relocation plans prepared for the Project Area by the Existing Plan, and included
within the Report(s) to the City Council prepared for the Existing Plan provides for
relocation assistance within the Project Area according to law, and the fact that such
assistance, including relocation payments, constitutes a feasible method for relocation.
g) There are, or shall be provided, within the Merged 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 the fadsanitary and
persons who might be displaced from the Project Area, decent, safe
fa
dwellings equal in number to the number of and available to such displaced families and
persons and reasonably accessible to their places of employment. This finding is based
upon the provisions of the Existing Plan and Original Ordinance which require that
families and persons shall not be displaced prior to the adoption of a relocation plan
pursuant to CRL Sections 33411 and 33411.1, and that dwelling units housing persons
and families of low or moderate -income shall not be removed or destroyed prior to the
adoption of a replacement housing plan pursuant to CRL Sections 33334.5, 33413 and
33413.5.
Section 5. The City Council is satisfied that permanent housing facilities will be
available within three years from the time residential occupants of the Project Area, if any, are
displaced, and that pending the development of such facilities, there will be available to any such
F:\Docs\DEVSVCS\RESOLUTN\RCR4430G.doc 5
displaced residential occupants temporary housing facilities at rents comparable to those in the
City at the time of their displacement. This findingis based shall be displaced la ed from residences unleson the City Council's s
Lhat
and
no persons or families of low and moderate income p
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 their displacement. Such housing
units shall be suitable to the needs of such displaced persons or families and must be decent,
safe, sanitary and otherwise standard dwellings.
Section 6. Written objections to the Amendment filed with the City Clerk before the
hour set for the hearing on the Amendment and all written and oral objections presented to the
City Council at the hearing having been considered and, in the case of written objections
received from Project Area property owners, occupants and affected taxing agencies having been
responded to in writing, all such objections are hereby overruled.
Section 7. The Existing Plan, as adopted by the Original Ordinance, is hereby amended
ti
as set forth in the Amendment attached hereto as Exhibit A. As so amended, the Existing Plan is
hereby incorporated herein by reference. The Executive Director of the Agency is hereby
authorized to combine the Amendment attached hereto as Exhibit A with the Existing Plan
th the lerk and the
prepared for the Stadium Redevelopment Project andRedevelopment filed wi
opment PlanlfoCthe Stadium
Secretary of the Agency, shall constitute the official
Redevelopment Project.
Section 8. In order to implement and facilitate the effectuation of the Amendment
hereby approved, this City Council hereby: (a) pledges its cooperation in helping to carry
out the
Amendment, (b) authorizes and directs the various officials, departments, boards, and agencies
of the City having administrative responsibilities in the Project Area likewise to cooperate to
such end and to exercise their respective functions and powers in a manner consistent with
redevelopment of the Project Area, (c) stands ready to consider and take approprts te int ntiction un to
pon
proposals and measures designed to effectuate the Amendment, and (d) declares
undertake and complete any proceeding necessary to be carried out by the City under the
provisions of the Amendment.
to
Section 9. The City Clerk is hereby directed to send a certified copy of this Ordinancenout the
the Agency, whereupon the Agency is vested with the responsibility for can g
Amendment.
Section 10. The City Clerk is hereby direstfo tthe redevelopment orecord with the f County
Project oArea,
County of Orange a statement that proceedinf theg
pursuant to the Amendment, have been instituted under the CRL.
he passage of
Section 11. The City Clerk is hereby authorized eand directed
publ shedin atnewspaper of
this Ordinance and to cause the same or a summary
general circulation, which is published and circulated in the City.
Section 12. If any part of this Ordinance or the Amendment which re
is ld to
rt on of
be invalid for any reason, such decision shall not affect the validity of the ning Po
this Ordinance or of the Amendment, and this City Council hereby declares that it would have
passed the remainder of the Ordinance or approved the remainder of the Amendment if such
F:\Docs\DEVSVCS\RESOLUTN\RCR4430G.doc
6
invalid portion thereof had been deleted.
Section 13. This Ordinance shall be in full force and effect thirty (30) days after
adoption.
F:\DocsTEVSVCS\RESOLUTN\RCR4430G.doc 7
Introduced and first read at a regular meeting fPASSEDCouncil
ADOPTECity
D at a reguelar
heheld the 11 th day of _May , 2004, and thereafter
meeting of said City Council held the 25tbday of May , 2004, by the following roll call
vote:
AYES:Mayor Curt Pringle Council Members, Tom Tait, Shirley McCracken, Richard Chavez
NOES: none
ABSENT: Council Member Bob Hernandez
ABSTAIN: none
CITY 0 AHED
By:
Ma
ATTEST:
SHERYLL HROEDER, CITY CLERK
By.
heryll Schroed
APPROVED AS TO FORM:
ATTORNEY
THE FOREGOING DOCUMENT IS A FUt+L, TRUE AND
CORRECT COPY OF TH ,:C fil FILE 11d THIS
Or='=SCE. ATTEST: )-" v 2/
SHERYLL SCHROEDER, CITY CLERK OF THE CITY OF ANAHEIM
` DEPUTY I Y L K
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