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5415ORDIN kNC.'E NO. 415 AN ORDINANCE OF THE CI'T'Y OF ANAHEIM APPROVING AND ADOPTING THE Rf�;1)EVIE L 0 P M E N T PLAN FOR `i 11E C%')P.INIEitClAL/INL-'iJSI'RIA1, RI:DEVEI,OPNII i'N'I' PRO.)E C'I' NVIIEREAS, the City C011ricil of the City of Anah!:ini has rc:ctived frerr! the Couimunity Redevelopment Commission c,f the City of Anaheim the pri pos,Ui Re.A;velu n i,; w. Pian for Corinlercial/Indus.rial Rc; dcveli;lrtli� r,t pioje-et, a ropy of which is c:n file at t}':e office cif' the Citi: Clerk, 260 ..")loll Anaheim &)ulevard:, Anah:ira, C:.Jifontia, and at the offw-�- of t.l^. Contratiuit, l{;iic�i;lol,mr:n! i :fission at 201 South Anaheim 13oulcvard, Aruiheim, Califor-nia together viiih th:; Repoir of dx Corwriti uty. 1,',_c ..t'elopment Comlrli.;sJorl including tlls rc;'Sfjns for the selection of the Piojeci Are., a cies_rihtiurl cif tine pn; :teal, social and economic conjitions existing tri the Protect 2",.-,1, the propost d Iii`;thud finan. ing the re,lopmcnt of the Project Area, a plan for tht; relocation of .fartili, s zi-,d fx rsuns v ho in4y tic t;.:lnl: orar ly or nm l5, displaced from housi!ig .W:l ks in the Project Areq an :lt:;:!fysis cf-'tllc Piehinioary l'1a11, lw rqua trid ,cuirinendations of the Pl;all-dou Commission or the City of finahnin; a summary r,f with ;a Area owners and 1illJlri aSw, ::rt Wrulimwiwl impact on 'Han-. til'.: 1' -port o ..1: •. W-ity fiscal ufE,;ei ane: the Community R,�;,`:,vclopmelit ar:alysis dierc';'f, .i sur.:utary of :.r.:Atatiom:'.Vith taxIg agoncies, and a neighbolhcK)d impact report: arlci MIEREAS, be I'laruling Commission of the City efA.nr:1shn has subrnitt .ei to the City Ccuncit Us repast and ream arienda;ions concerning the Redt:velopment Plan and its cciiificatior that ch;: ReJeve.Lpmert Platt conroriag to the General Plan for the City of Anaheim; and WHE'RE,AS, the Community Redevelopment Comnlissi -,n on, August 18, li:+ i, held a dilly notic:(A pubic hezirili; on the Draft Envirorm)cntal impact Report ("EMI, prepared in :acoai dance Wh th:: Caiifi,lniz f nlii-omental Quality Act (Public. Resources Ccxie Section 21(100 e!' seq.), be Gui deur for icripl,.:mentation of the California Envirorancnial Q';lality Act (14 Cal. Acini. CcJk: Seccion sr�) and env iruwil;ent.al prcicejures adopted b;: die skakheiin 101cr-cloprinni► Alen, (111 ":;ge::cc"j put u:il,l and the Diaft Lid, was themanur rnisal and supplemuctcri to lncorporatc, rezei,'c::! w:a thel'r:t0, durin.; isle putllic coaL lent poked, and as so revised and suppli.;:rlr.niul, a. Final 1JR v,as pi-cpark by lie Agency; ,azul Wftc REA`>, the A.gen:., Ws cait6 rd di a Nan , c.�;t:1 1 + ' 4' rl .y %i• l"i,: l';L.il [,.:LI:Ui:iG I filt,i4.. l�L'1,ort, .tlbil;itlal p11131,1'ant ti) PLIM RGSUMCG:S l.'04k 21151 and F [ ani t,; 17"la Cetiw! 33352, i2, WHEREAS, elle Ageup has cl enihned that, tur c::..w, wi,`ni; cas eil(li.r: i !esa:fi:d by the Lflvi'oriniental lillpn,:t 1�GIi:7C, riihiL!t'6011 measums and a Alitiy:1bal i1ail IIJi':Jtif:?i fla" hCV,rl :.J in or incorporated into, ih;; prnj_'ct which a-oid or substrrltialiv 1.' s a sucl. ia:'J.:, and WHEREAS., the Agmxy has tictmmumd thrt, for ceiTS odor sir;n�W t. c.`-c:::rs iJ-.-aid iA uy the 1::ItVi onmatlul Illyaot lZt:prlrt, !lit Gli ',iL',�$ fit alterm-tions mcesw) to iav(tid o :(l l}5t:: itli .iv 1(.'•ssesUtal effimis are WSW the responsibility and juri& xlion of allothl:r pu!Jic lii;uncy a ld liat U: tli:. t jcacy. l I,L AgL;ii(,,, Wrther determined dmt smh changes or aherisdons have been C1Jal find by such odor ag£,-.;,q or cwt and sicoil be adapted by such other ai`encv; aru3 WHERE -,AS, L`1e Agency las adopted a Stat4',T'iem c.f OWMA Mg cunsidelnt1�)'Is itir Ih u signif►uult e8bets identified by the Envirorrr"ental ,rr;pact Report, f: r v0il h rcallzin,il ;i;lt;fic::nt ca'l%:cts tt,ertr are no reasonable or f!;asible measums availublc t;r (nitigate titan to i lc\ -c] and s nc,.,vac 11I1Ml bsw WHEREAS, the City Council, Community Redevelopment Commission and the Agency held a joint public hearing on December 7, 1993 on adoption of the Redevelopment Plan in the Anaheim City Council Chambers, 200 South Anaheim BouleNard, 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, once a week for four successive weeks 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; and WHEREAS, copies of the notice of joint public hearing were mailed by certified mail with return receipt requested to the last known address of each assessee as shown on the last equalized assessment roll of the County of Orange for each parcel of land in the Project Area; and WHEREAS, each assessee in the Project Area whose property would be subject to acquisition by purchase or condemnation under the provisions of the Redevelopment Plan was sent a letter to such effect attached to the notice of the joint public hearing, including a map and legal description of the Project Area; and WHEREAS, copies of the notice of joint public hearing were mailed by certified mail with return ec-eipt requested to the governing body of each taxing agency which receives taxes from property in the Project Area; and WHEREAS, the City Council has considered the report and recommendation of the Planning Commission, the report of the Community Redevelopment Commission, the Redevelopment Plan and its economic feasibility, and the Final Environmental Impact Report, has pro,6ded an opportunity for all persons to be heard, and has received and considered all evidence and testimony presented for or against any and all aspects of the Redevelopment Plan and has made written findings in response to each written objection of an affected property owner and taxing entity. 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: 1. The improvement of the physical appearance of the Project Area through rehabilitation of commercial and industrial buildings and sites, through public improvements including undergrounding electrical utilities, upgrading streets, sidewalks, and streetscapes, and through the creation of a comprehensive urban design and planned signage program. 2. The provision of walls and landscaping to create a buffer between commercial/industrial properties and residential areas. The reduction of crime and graffiti in the Project Area through coordination of efforts with Project Area owners, residents, businesses, the Anaheim Police Department, and the Anaheim Code Enforcement Division. 4. The provision of additional parks or improvement of existing parks and open space within the Project Area to ensure they are clean, safe, and desirable places for use by the community. 5. The elimination and prevention of the spread of blight and deterioration; and the conservation, rehabilitation and redevelopment of the Project Area in accord with the -2- 16 General Plan, specific plans, the Redevelopment Plan (Plan) and local codes and ordinances. 6. The achievement of an environment reflecting a high level of concern for architectural, landscape, and urban design and land use principles appropriate for attainment of the objectives of the Plan. 7. The provision for increased sales, business license, hotel occupancy and other fees, taxes and revenues to the City. 8. The provision for tax increment to provide funds as necessary to finance public improvements and development programs which cannot be accomplished through existing publicly funded programs or by the private sector acting alone to eliminate blighting influences in the Project Area. 9. The retention and expansion of as many existing businesses as possible by means of redevelopment and rehabilitation activities and by encouraging and assisting the cooperation and participation of owners, businesses and public agencies in the revitalization of the Project Area. 10. The creation and development of local job opportunities and the preservation of the area's existing employment base. 11. The establishment of modern, convenient industrial and commercial areas to serve the needs of the CAN. 12. The elimination or amelioration of certain environmental deficiencies, including substandard vehicular circulation systems; inadequate water, sewer and storm drainage systems; insufficient off-street parking; and other similar public improvements, facilities and utilities deficiencies adversely affecting the Project Area. 13. The encouragement of investment by the private sector in the development and redevelopment of the Project Area by assisting in the alleviation of impediments to such development and redevelopment. 14. The expansion of the community's supply of housing, including opportunities for low - and moderate -income households. 15. The elimination of blight through abatement or code compliance, reconstruction and assembly of parcels into more developable sites for more compatible uses. 16. The improvement of public parking, other public facilities, services, utility lines, lighting, public safety and public transportation. 17. The expansion and upgrading of housing opportunities in the community to eliminate blight and improve housing stock and standards for the present population. 18. The encouragement of maximum participation of Project Area occupants, property owners, and community organizations in the redevelopment of the Project Area. -3- 19. Assistance and encouragement of car dealerships in the area to upgrade and modernize their facilities and to promote increased patronage of the automobile industry in the Project Area. 20. The encouragement of maximum reuse of parcels impacted by the CalTrans freeway expansion and assistance with landscaping and other mitigating improvements not included in the CalTrans program. 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 Redevelopment Plan for the Commercial/Industrial Redevelopment Project, and all documents referenced therein, and evidence and testimony received at the joint public hearing on adoption of the Redevelopment Plan held on December 7, 1993, that: a) The Project Area is a blighted area, the redevelopment of which is necessary to effectuate the public purposes declared in the California Community Redevelopment Law (Health and Safety Code Section 33000 et seq.). This finding is based on the following conditions which characterize the Project Area: (1) The existence of buildings and structures used or intended to be used for living, commercial, industrial or other purposes which are characterized deterioration, age and obsolescence, mixed character, shifting uses, and faulty exterior spacing; and (2) The existence of properties which suffer from deterioration and disuse because of: inadequate public improvements, facilities and utilities, which cannot be remedied by private or governmental action without redevelopment, particularly deficiencies in the circulation system, street and infrastructure systems, storm drainage, water and sewer systems, public utilities; prevalence of toxic contamination; and the existence of parcels that are of irregular form, shape, or size for proper usefulness and development; and (3) Prevalence of impaired investments, and economic maladjustment, evidenced by, among other things, declining retail sales activity, declining taxable assessed property value and increasing vacancies throughout the Project Area. (4) A prevalence of social maladjustment including gangs, prostitution, drug activity and increasing instances of crime against persons and property. 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, social 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. This finding is based on the fact that governmental action available to the City without redevelopment would be insufficient to cause any significant correction of the blighting conditions, and that the nature and costs of the public improvements and facilities and other actions required to correct the blighting conditions are beyond the capacity of the City and cannot be undertaken or borne by private enterprise acting alone or in concert with available governmental action. b) The Project Area is an urbanized area. This finding is based upon the fact that not less than eighty percent (80%) of the privately owned property in the Project Area has been or is developed for urban uses, as demonstrated by the Community Redevelopment Commission's Report to City Council. In addition, as demonstrated by the Community Redevelopment commission's Report to City Council, the Project Area is part of an area developed for urban uses. -4- c) The Redevelopment Plan will redevelop the Project Area in conformity with the Community Redevelopment Law and in the interests of the public peace, health, safety and welfare. This finding is based upon the fact that the purposes of the Community Redevelopment Law would be attained by the Project: by the elimination of areas suffering from economic dislocation or disuse; by the replanning, redesign and/or redevelopment of areas which are stagnant or improperly utilized, and which could not be accomplished by private enterprise acting alone without public participation and assistance; by protecting and promoting sound development and redevelopment of blighted areas and the general welfare of the citizens of the City by remedying such injurious 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. d) The adoption and carrying out of the Redevelopment Plan is economically sound and feasible. This finding is based on the fact that under the Redevelopment Plan the Agency will be authorized to seek and utilize a variety of potential financing resources, including property and retail sales tax increments; that 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 Redevelopment 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. e) The Redevelopment Plan conforms to the General Plan of the City of Anaheim. This finding is based on the finding of the Planning Commission that the Redevelopment Plan conforms to the General Plan for the City of Anaheim. f) The carrying out of the Redevelopment Plan will promote the public peace, health, safety and welfare of the City of Anaheim and viill effectuate the purposes and policies of the Community Redevelopment Law. This finding is based on the fact that redevelopment will benefit the Project Area by correcting conditions of blight and by coordinating public and private actions to stimulate development and improve the economic and physical conditions of the Project Area, and by increasing employment opportunities within the City. g) The condemnation of real property, as provided for in the Redevelopment Plan, is necessary to the execution of the Redevelopment Plan, and adequate provisions have been made for the payment for property to be acquired as provided by law. This finding is based upon the need to ensure that the provisions of the Redevelopment Plan will be carried out and to prevent the recurrence of blight, and the fact that no property will be acquired until adequate funds are available to pay full compensation therefor. h) 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 Project Area. The Agency also has a . feasible method and plan for its relocation of businesses. This finding is based upon the fact that the Redevelopment Plan provides for relocation assistance according to law and the fact that such assistance, including relocation payments, constitutes a feasible method for relocation. i) There are, or are being provided, within the Project Area or within other areas not generally less desirable with regard to public utilities and public and commercial facilities and at rents or prices within the financial means of the families and persons who might be displaced from the Project Area, decent, safe and sanitary dwellings equal in number to the number of and available to such displaced families and persons and reasonably accessible to their places of employment. This finding is based upon the fact that no person or family will be required to move from any dwelling unit until suitable replacement housing is available for occupancy, and that such housing must meet the standards established in State law and regulations. -5- j) 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 facts presented in the Report to City Council on the proposed Project. k) 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 Community Redevelopment Law without other substantial justification for its inclusion. This finding is based upon the fact that all properties within Project Area boundaries were included because they were underutilized because of blighting influences, or were affected by the existence of blighting influences, or were necessary either to accomplish the objectives and benefits of the Redevelopment 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. 1) The elimination of blight and the redevelopment of the Project Area could not reasonably be expected to be accomplished by private enterprise acting alone without the aid and assistance of the Agency. This finding is based upon the existence of blighting influences, including the lack of adequate public improvements and facilities, and the inability of individual owners and developers to economically remove these blighting influences without substantial public assistance. m) The effect of tax increment financing will not cause a significant financial burden or detriment to any taxing agency deriving revenues from the Project Area. This finding is based upon the fact that all affected taxing agencies were consulted with or had the opportunity to be consulted regarding the fiscal effects of the Redevelopment Plan, and the fact that with regard to certain taxing agencies, the Agency has or ".I will enter into fiscal detriment alleviation agreements under which it will make payments to such agencies to alleviate identified financial burden or detriment. 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 «ill 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 objections to the Redevelopment Plan filed with the City Clerk before the hour set for hearing 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 and affected taxing agencies, having been responded to in -writing are hereby overruled. Section 5. That certain document entitled "Final Environmental Impact Report for the Commercial/Industrial Redevelopment Project", a copy of which is on file in the office of the Agency and the Community Redevelopment Commission, and in the office of the City Clerk, having been duly reviewed and considered, is hereby incorporated into this Ordinance by reference and made a part hereof All activities undertaken by the Agency and/or the City of Anaheim pursuant to or in implementation of the Redevelopment Plan shall be undertaken in accordance with the mitigation measures and monitoring program set forth in said Final Environmental Impact Report, and the Agency shall undertake such additional environmental reviews as necessary at the time of implementation of such activities. -6- Section 6. That certain document entitled "Redevelopment Plan for the Commercial/Industrial Redevelopment 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 "Redevelopment Plan for the CommerciaUIndustrial Redevelopment Project". Section 7. In order to implement and facilitate the effectuation of the Redevelopment Plan hereby approved, this City Council hereby: (a) pledges its cooperation in helping to carry out the Redevelopment 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 Redevelopment 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 Redevelopment Plan. Section 8. 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 Redevelopment Plan. Section 9. 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 redevelopment of the Project Area have been instituted under the Community Redevelopment Law. Section 10. 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 11. The City Clerk is hereby directed to transmit a copy of the description and statement recorded by the City Clerk pursuant to Section 9 of this Ordinance, a copy of this Ordinance, and a map or plat 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 Redevelopment Plan. Section 12. 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 13. SEVERABILITY - If any part of this Ordinance or the Redevelopment 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 Redevelopment Plan, and this Council hereby declares that it would have passed the remainder of the Ordinance or approved the remainder of the Redevelopment Plan if such invalid portion thereof had been deleted. -7- 0 Section 14. EFFECTIVE DATE - This ordinance shall be in full force and effect thirty (30) days after passage. APPROVED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF ANAHEIM, THIS DAY OF December , 1993. Mayor ATTES . City Clerk / (' 0 -8- STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing Ordinance No. 5415 was introduced at a regular meeting of the City Council of the City of Anaheim, held on the 14th day of December, 1993, and that the same was duly passed and adopted at a regular meeting of said City Council held on the 21st day of December, 1993, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Feldhaus, Pickler, Daly NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Simpson, Hunter AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Ordinance No. 5415 on the 21st day of December, 1993. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 22nd day of December, 1993. 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. 5415 and was published once in the Orange County Register on the 30th day of December, 1993.