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5637ORDINANCE NO. 5637 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING AND ADOPTING THE AMENDED REDEVELOPMENT PLAN FOR THE WEST ANAHEIM COMMERCIAL CORRIDORS REDEVELOPMENT PROJECT WHEREAS, the Anaheim City Council (the "City Council") authorized the Anaheim Redevelopment Agency (the "Agency") to commence studies for the amendment of the Brookhurst Redevelopment Project Area and Plan (the "Existing Project Area") to add territory thereto (the "Amendment Area") (together, the "Project Area") on May 6, 1997, by Resolution No. 97R-57; and WHEREAS, the Anaheim Redevelopment and Housing Commission (the "Redevelopment Commission"), which was established by the City Council on July 22, 1997 by Ordinance 5607, pursuant to Section 33201 of the California Health and Safety Code, exercises powers pursuant to Section 33202 of the California Health and Safety Code; and WHEREAS, the City Council has received from the Redevelopment Commission the proposed Redevelopment Plan for the West Anaheim Commercial Corridors Redevelopment Project ("the Plan Amendment"), together with the report of the Agency prepared pursuant to Section 33352 of the California Health and Safety Code (the "Report to City Council"), including the reasons for the Plan Amendment and a discussion of certain other matters as set forth in Section 33352 of the California Health and Safety Code, including the report and recommendations of the Anaheim Planning Commission (the "Planning Commission"), the report and recommendations of the Project Area Committee, a summary of consultations with affected taxing agencies, and the Environmental Impact Report on the Plan Amendment; and WHEREAS, the Planning Commission has submitted to the Redevelopment Commission, the Agency, and the City Council its report and recommendation finding that the Plan Amendment conforms to the Anaheim General Plan; and WHEREAS, the Project Area Committee has submitted to the Redevelopment Commission, the Agency, and the City Council its recommendation for approval of the Plan Amendment; and WHEREAS, the City Council and the Redevelopment Commission held a joint public hearing on June 16, 1998 (the "Joint Public Hearing"), concerning the adoption of the Plan Amendment and the certification of the Final Environmental Impact Report prepared in connection therewith; and WHEREAS, notice of the hearing was duly and regularly published in the Anaheim Bulletin, a newspaper of general circulation in the City of Anaheim, once a week for four (4) successive weeks beginning on May 21, 1998, in accordance with Health and Safety Code Section 33452, and a copy of said notice and affidavit of publication are on file with the City Clerk of the City of Anaheim and Secretary of the Agency; and WHEREAS, copies of the notice of joint public hearing were mailed by first class mail to each resident and business, as practicable, and to the last known address of each assessee, as shown on the last equalized assessment roll of the County of Orange, of each parcel of land in the Existing Project Area and the Amendment Area; and WHEREAS, copies of the notice of joint public hearing were mailed by certified mail with return receipt requested to the governing body of each taxing agency which receives taxes from property in the Existing Project Area and the Amendment Area; and WHEREAS, the Redevelopment Commission adopted a method for the relocation of persons and businesses who may be displaced as a result of carrying out redevelopment activities in accordance with the Redevelopment Plan for the West Anaheim Commercial Corridors Redevelopment Project on April 29, 1998; and WHEREAS, the City Council has knowledge of the continuing conditions in the Existing Project Area and the Amendment Area and of the continuing availability of suitable housing in the City for the relocation of families and persons who may be displaced by redevelopment activities, and in light of such knowledge of local housing conditions, has considered and reviewed such program for relocation; and WHEREAS, the City Council has considered the report and recommendations of the Planning Commission, the report and recommendations of the Project Area Committee, the recommendations of the Agency, the recommendations of the Redevelopment Commission, the Report to City Council, the Plan Amendment and its economic feasibility, the feasibility of the relocation program, and the Environmental Impact Report, and has provided an opportunity for all persons to be heard and has received and considered all evidence and testimony presented for or against any and all aspects of the Plan Amendment and has made written findings in response to each written objection of an affected property owner and taxing entity; and WHEREAS, the Agency and the City Council have reviewed and considered the Final Environmental Impact Report for the Plan Amendment, prepared and submitted pursuant to Public Resources Code Section 21151 and Health & Safety Code Section 33352, and certified the completion of said Environmental Impact Report. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES HEREBY ORDAIN AS FOLLOWS: Section 1: The name of the Brookhurst Commercial Corridor Redevelopment Plan, adopted by City Council Ordinance No. 5412, December 7, 1993, is hereby changed to the West Anaheim Commercial Corridors Redevelopment Plan. Section 2: The overriding objective of the Plan Amendment is to continue efforts at eliminating or alleviating conditions of blight by providing needed public improvements, assistance for the development and rehabilitation of existing properties, the provision of low- and moderate -income housing and other activities authorized by Section 33000 et seq. of the Health and Safety Code (the "Community Redevelopment Law" or the "CRL"). In doing so, the Agency intends to mitigate the effects of inadequate or obsolete design, irregularly shaped and inadequately sized lots, declining property values, and economic maladjustment in the Amendment Area together with the Existing Project Area. In. eliminating these blighting conditions, the Plan Amendment will facilitate development as contemplated in the Anaheim General Plan. The overriding goal of the Plan Amendment is to eliminate or alleviate blighting conditions by: (a) Implementing the goals, policies, and strategies identified in the Redevelopment Plan and the General Plan. (b) Providing the various public improvements identified in the Redevelopment Plan and the General Plan. (c) Developing housing programs to meet the needs of low- and moderate -income persons, while increasing home ownership opportunities in the Amendment Area together with the Existing Project Area, and outside the Amendment Area if such programs are of benefit to the Amendment Area. (e) Providing for a general program of redevelopment assistance that will serve to eliminate blight and strengthen the commercial and industrial base in the Amendment Area, and thereby creating lasting improvements to the community's tax, local revenue, and employment bases, and bringing stability and growth that has not occurred therein for over one generation. (f) Providing a general program for market -rate housing. (g) Enhancing surrounding neighborhoods by improving the area's infrastructure and by upgrading commercial corridor uses that have a negative influence on nearby residences. In achieving the above goal, the Agency has established the following objectives to be achieved through implementation of the Plan in the Amendment Area and the Project Area, as a whole: 1. The improvement of the physical appearance of the Amendment Area through the stimulation of new commercial, industrial and residential construction, through the rehabilitation of commercial and industrial buildings and sites, through public improvements, including without limitation undergrounding electrical utilities, upgrading streets and sidewalks, landscaping and the creation of a comprehensive urban design and planned signage program. 2. The elimination of uses that, either individually or collectively, contribute to blight in the Amendment Area or that are incompatible with adjacent uses, including surrounding residential neighborhoods, schools and parks. 3. The development of programs to alleviate negative physical, social, and economic impacts and liabilities associated with a concentration of liquor -serving or other adult-oriented establishments in the Amendment Area. 4. The provision of walls and landscaping to create a buffer between commercial/industrial and residential areas. 5. The reduction of crime and graffiti in the Amendment Area through coordination of efforts with Amendment Area owners, residents, businesses, the Anaheim Police Department and the Anaheim Code Enforcement Division. 6. The assistance to and encouragement owner, business and public agency cooperation and participation in revitalizing the Amendment Area. 7. The creation and development of local job opportunities and the preservation and expansion of the area's existing employment base. 8. The establishment of modern, convenient commercial centers to serve the needs of the surrounding neighborhoods and the City. 9. The elimination or amelioration of certain environmental deficiencies, including substandard vehicular circulation systems; inadequate street improvements; inadequate water, sewer and storm drainage systems; insufficient off-street parking; and other similar public improvements, facilities and utilities deficiencies adversely affecting the Amendment Area. 10. The assistance to owners of Real Property with the provision of on-site improvements to connect to off-site public improvements, including, but not limited to, vehicular circulation and access, water connections, sewer connections, storm drainage, and off-street parking. 11. The expansion and rehabilitation of the community's supply of housing, including opportunities for low- and moderate -income households. 12. The elimination of blight through abatement, code compliance, or elimination of incompatible uses, and through reconstruction and assembly of parcels into more developable sites for more compatible uses. 13. The expansion and upgrading of housing opportunities in the community to eliminate blight and improve housing stock and standards for the present population, including both market rate and low- and moderate -income households. 14. The encouragement of participation by Amendment Area residents, businesses, property owners, and community organizations in the redevelopment of the Amendment Area. 15. The improvement of local schools, parks and other public uses. 16. The elimination of drug, prostitution and other criminal activities and uses throughout the Amendment Area. Section 3: The City Council hereby finds and determines based on the evidence in the record, including but not limited to the Report to City Council and all documents referenced therein and the evidence and testimony received at the Joint Public Hearing:: (a) The Amendment Area is a blighted area pursuant to Section 33030 of the Community Redevelopment Law. This finding is based in part on the research and facts contained in the Report to Council. (b) The Amendment Area is a predominately urbanized area pursuant to Section 33320.1 of the Community Redevelopment Law. This finding is based in part on the research and facts contained in the Report to Council. (c) The Plan Amendment will assist in Agency efforts to redevelop the Amendment Area in conformity with the Community Redevelopment Law and in the interests of the public health, safety and welfare. This finding is based in part upon the fact that redevelopment of the Amendment Area will implement the objectives of the Community Redevelopment Law by aiding in the elimination and correction of the conditions of blight, providing for planning, development, redesign, clearance, reconstruction or rehabilitation of properties which need improvement, and providing for higher economic utilization of potentially useful land. (d) The adoption and implementation of the Plan Amendment is economically sound and feasible. This finding is based in part on the fact that under the Plan Amendment no new or continuing public redevelopment activity will be undertaken unless the Agency can demonstrate that it has adequate revenue to finance the activity; the Agency's Report to Council further discusses and demonstrates the economic soundness and feasibility of the Plan Amendment and undertakings pursuant thereto. (e) The Plan Amendment conforms to the Anaheim General Plan, including, but not limited to, the Housing Element thereof. This finding is based in part on the finding of the Anaheim Planning Commission that the Plan Amendment conforms to the Anaheim General Plan. (f) The carrying out of the Plan Amendment will promote the public peace, health, safety and welfare of the City of Anaheim and will effectuate the purposes and policies of the Community Redevelopment Law. This finding is based on the fact that redevelopment will benefit the Amendment Area and the community by correcting existing and on-going conditions of blight and by coordinating public and private actions to stimulate development, contribute toward needed public improvements, and improve the economic and physical conditions of the Amendment Area and the community. (g) The condemnation of real property as provided for in the Plan Amendment is necessary to the execution of the West Anaheim Commercial Corridors Redevelopment Project, including the Amendment Area, and adequate provisions have been made for payment for property to be acquired as provided by law. This finding is based in part upon the need to assemble sites for development which will result in new economic activity in the Project Area and to prevent the recurrence of blight. (h) The Agency has a feasible method for the relocation of those displaced from the Project Area. The City Council and the Agency recognize that the provisions of Sections 7260 to 7276 of the California Government Code, and the state and local implementing regulatins therefor, would be applicable to any relocation that would occur due to the implementation by the Agency of the Redevelopment Plan. The City Council finds and determines that the provision of relocation assistance according to law constitutes a feasible method for relocation. (i) There shall be provided, within the Project Area or within other areas not generally less desirable with regard to public utilities and public and commercial facilities and at rents or prices within the financial means of any families and persons who might be displaced from the Project Area, decent, safe and sanitary dwellings equal in number to the number of and available to the displaced families and persons, and reasonably accessible to their places of employment. Families and persons shall not be displaced prior to the adoption of a relocation plan pursuant to Health and Safety Code Sections 33411 and 33411.1. 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 Health and Safety Code Sections 33334.5, 33413, and 33413.5. This finding is based upon the Rules, Regulations and Policies for Relocation Assistance and Grievance Procedures for the Anaheim Redevelopment Agency, which was adopted by reference as the relocation method for the Project Area pursuant to Anaheim Redevelopment and Housing Commission Resolution 98RHC-4, and the Housing Element of the General Plan. 0) All areas of the Amendment Area are blighted, are an integral part of an otherwise blighted area, or are necessary for effective redevelopment, and are not included for the purpose of obtaining the allocation of taxes from the Project Area pursuant to Section 33670 of the Community Redevelopment Law without other substantial justification for their inclusion. This finding is based in part upon the fact that, following careful study documented in the Report to Council, the Amendment Area was identified as an area within the City suffering conditions of blight and physical and economic deterioration. (k) Inclusion of any land, buildings or improvements into the Amendment Area, 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 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 in part upon the fact that the boundaries of the Amendment Area were specifically drawn to include only those lands that were underutilized because of blighting influences, or to include land affected by the existence of blighting influences or land uses significantly contributing to the conditions of blight, or to include land that is necessary for effective redevelopment, which inclusion is necessary to accomplish the objectives and benefits of the Redevelopment Plan. (1) The elimination of blight and the redevelopment of the Amendment Area would not reasonably be expected to be accomplished by private enterprise acting alone without the aid and assistance of the Agency. This finding is based in part upon the existence of blighting influences in the Amendment Area, including, without limitation, the demonstrated lack of private sector interest in redeveloping properties in the Amendment Area, structural deficiencies and other indications of blight more fully enumerated in the Redevelopment Commission's Report to Council, and the infeasibility due to cost of requiring individuals (by means of assessments or otherwise) to eradicate or significantly alleviate existing deficiencies in properties and facilities and the inability and inadequacy of other governmental programs and financing mechanisms to eliminate the blighting conditions. (m) The Plan Amendment contains adequate safeguards so that the work of redevelopment will be carried out pursuant to the West Anaheim Commercial Corridors Redevelopment Plan, and it provides for the retention of controls and the establishment of restrictions and covenants running with the land on land sold or leased for private use for periods of time and under conditions specified in the Plan Amendment, which the City Council deems necessary to effectuate the purposes of the Community Redevelopment Law. (n) The time limitations and financial limitations established for the Amendment Area are reasonably related to the projects proposed in the Plan Amendment and to the ability of the Agency to eliminate blight within the Project Area. Section 4: The City Council is satisfied that permanent housing facilities will be available within three (3) years from the time occupants of the Amendment Area, if any, are displaced, and that pending the development of such permanent facilities, there will be available to any such displaced occupants temporary housing facilities at rents comparable to those in the City of Anaheim at the time of their displacement. Section 5: The City Council has considered written objections, if any, to the Plan Amendment and all evidence and testimony for and against the adoption of the proposed action. All written objections, if any, are hereby overruled. Section 6: That certain document entitled "Redevelopment Plan for the West Anaheim Commercial Corridors Redevelopment Project" (dated June 16, 1998), the maps contained therein and such other reports as are incorporated therein by reference, a copy of which is on file in the Office of the City Clerk of the City of Anaheim, having been duly reviewed and considered, is hereby incorporated in this Ordinance by reference and made a part hereof. The Plan Amendment is hereby designated, approved and adopted as the official Redevelopment Plan for the West Anaheim Commercial Corridors Redevelopment Project. Section 7: In order to implement and facilitate the effectuation of the Plan Amendment as hereby approved, and to express its purposes and intents with respect to the Amendment Area, the City Council hereby (a) pledges its cooperation in helping to carry out the Plan Amendment, and including, but not limited to, the objectives, goals and implementation described in Section 2 of this Ordinance, (b) requests the various officials, departments, boards and agencies of the City of Anaheim 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 the redevelopment of the Amendment Area, (c) stands ready to consider and take appropriate action upon proposals and measures designed to effectuate the Plan Amendment, and (d) declares its intention to undertake and complete any proceeding necessary to be carried out by the City of Anaheim under the provisions of the Plan Amendment. 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 Plan Amendment and the West Anaheim Commercial Corridors Redevelopment Project. Section 9: The City Clerk is hereby directed to record with the County Recorder of Orange County a description of the land within the Amendment Area and a statement that proceedings for the redevelopment of the Amendment Area have been instituted under the Community Redevelopment Law. Section 10: The City Clerk is hereby directed to transmit a copy of the description and statement to be recorded by the County Clerk pursuant to Section 8 of this Ordinance, a copy of this Ordinance and a map or plat indicating the boundaries of the Amendment Area, to the auditor and tax assessor of Orange County, to the governing body of each of the taxing agencies which receives taxes from property in the Amendment Area, and to the State Board of Equalization. Section 11: The Building 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 Amendment 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 12. The City Council hereby elects to receive the amount authorized by Section 33607.5(b) of the California Health and Safety Code in each fiscal year that the Redevelopment Agency receives tax increment revenues. Section 13: This Ordinance shall be in full force and effect thirty (30) days from and after the date of final passage. Section 14: If any part of this Ordinance or the Plan Amendment, which it approves, is held to be invalid for any reason, such decision shall not affect the validity of the remaining portion of this Ordinance or of the Plan Amendment, or the Redevelopment Plan as it existed prior to adoption of this Ordinance, and the City Council hereby declares it would have passed the remainder of this Ordinance or approved the remainder of the Plan Amendment if such invalid portion thereof had been deleted. Section 15: This Ordinance shall be introduced at least five (5) days prior to the City Council meeting at which this Ordinance is to be adopted. Within fifteen (15) days after the adoption hereof, the City Clerk shall certify to the adoption of this ordinance and cause it to be posted in at least three (3) public places within the City. APPROVED AND ADOPTED by the Anaheim City Council this 23rd day of .lune , 1998. MAYOR ATTEST: CITY CLERK STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing Ordinance No. 5637 was introduced at a regular meeting of the City Council of the City of Anaheim, held on the 16th day of June, 1998, and that the same was duly passed and adopted at a regular meeting of said City Council held on the 23rd day of June, 1998, by the following vote of the members thereof: AYES: MAYOR/COUNCIL MEMBERS: McCracken, Tait, Zemel, Lopez Daly NOES: MAYOR/COUNCIL MEMBERS: None ABSENT: MAYOR/COUNCIL MEMBERS: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Ordinance No. 5637 on the 23rd day of June, 1998. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 23rd day of June, 1998. 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. 5637 and was published once in the North County News on the 2th day of July, 1998. CITY CLERK OF THE CITY OF ANAHEIM