ORD-20-86 ADOPTING AMENDMENT NO ONE TO THE REDEVELOPMENT PLAN FOR THE SOUTHWEST REDEVELOPMENT PROJECTRECOfiDEO IN OFFICUL RECORDS
r---- 86-306009 GE COU lTY. CALtFORN1A
Recording requested hy and EXE
when recorded, sA L To: Cj4 24 pM Jll 16 '86
CITY OF ORANGE
CITY CLERK ORDINANCE NO. 20-86
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300 East Chapman Avenue AEOORD
Orange, CA 92666 AN ORDZNANCE OF THE CITY COUNCIL OF THE
CITY OF ORANGE APPROVING AND ADOPTING
AMENDMENT NO. ONE TO THE REDEVELOPMENT
PLAN FOR THE S6UTHWEST REDEVELOPMENT
PROJECT.
WHEREAS, the City Council of the City of Orange (the
City° ) by Ordinance No. 37-84 approved a Redevelopment Plan
for the Southwest Redevelopment Project (the "Project") ; and
WHEREAS, the City Council has received from the Orange
Redevelopment Agency (the "Aqency") , the proposed Amendment
Na: One (the "Amendment") to the Redevelopment Plan, a copy
of which is on file with the City Clerk at the O£fice of the
City Clerk, City Hall, 300 East Chapman Avenue, Orange,
California, together with the Report of the Agency, including
the reasons for the selection of the area proposed to be
added by the Amendment (the "Added Area"} , and a discussion
of certain other matters as set forth in Section 33352 of
the California Health and Safety Code o£ the physical,
social and economic conditions existing in the Added Area,
the proposed method of financing the redevelopment of the
Added Area, an analysis of the Preliminary Plan, the report
and recommendations of the Planning Commission of the City
of Orange (the "Planning Commission" ) , area proposed to be
added by the Amendment (the "Added Area") , and a discussion
of certain other matters as set forth in Section 33352 of
the California Health and Safety Code; and I
WHEREAS, the Planning Commission has submitted to the
City Council of the City of Orange its report and recommenda- I
tions £or approval of the Amendment and its certification
that the Amendment conforms to the General Plan for the City
of Orange; and
WHEREAS, the City Council and the Agency held a joint
public hearing on July 8, 1986, concerning the adoption of
the Amendment and in the City Council Chambers, City Hall ,
300 East Chapman Avenue, Orange, California; and
WHEREAS, a notice of said hearing was duly and regularly
published in the Register, a newspaper of general circulation
in the City of Orange, once (1} a week for four {4} successive
weeks prior to the date of hearinq, and a copy of said
notice and af£idavit of publication are on file with the
City Clerk of the City of Orange and Clerk of the Agency;
and
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WHEREAS, copies of the notice of joint public hearinq
were mailed by certified mail with return receipt requested
to the governing body of each taxing agency which receives
taxes from property in the Original Area or the Added Area;
and
WHEREAS, the City Council has considered the report and
recommendations of the Planning Commission, the report of
the Agency, the Amendment and its economic feasibility, the
feasibility of the relocation proqram and the Environmentai
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 Amendment; and
WAEREAS, the Agency and the City Council have reviewed
and considered the Environmental Impact Report for the
Amendment, prepared and submitted pursuant to Public Resources
Code Section 21151 and Health & Safety Code Section 33352 ,
and certified the completion of said Environmental Iripact
Report on July 8 , 1986, by Agency Resolution No. ORA-0057
and City Council Resolution No. 6653.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ORANGE
DOES ORDAiN AS FOLLOWS_
Section L•
That the purpose and intent of the City Council with
respect to the Added Area is to accomplish the following ;
l. The elimination of environmental deficiencies in
the Added Area, including, among others inadequate public
improvements.
2 . The comprehensive planninq, redesign, replanning,
development, reconstruction or rehabilitation of the Added
Area which would facilitate a higher and better utilization
of the lands within the proposed Added Area thereby contribut-
ing to the public health, safety and welfare.
3 . Assisting in the financing, reconstruction and/or
construction of curbs, gutters, sidewalks, streets, flood
control improvements and other public facilities.
ORD 2Q-86 2 -
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4 . Assisting in the development of commercial and
related construction by financing such development in the
Added Area and the Original Area in such a way which will
make the development economically feasible.
5. Assisting County and State agencies' ability to
provide services by street and parking improvements and
other public facilities.
6. The strengthening of the economic base of the Added
Area, the Original Area and the community.
Section II:
THE CITY COUNCIL HEREBY FINDS AND DETERMINES TAAT:
l. The Added Area is a predominantly urbanized area
which 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 upon the
following conditions which characterize the Added Area:
A. The existence of properties which suffer from
deterioration and disuse because of inadequate
public improvements, facilities and utilities,
including inadequate and insufficient traffic
circulation, parking, drainage, sidewalks,
curbs, gutters and traffic signals, which
cannot be remedied with private and governmental
action without redevelopment.
B. A lack of proper utilization of property,
resulting in a stagnant and unproductive
condition of land potentially useful and
valuabie.
C. A prevalence of imparied investments and
economic maladjustment.
Zt is further found and determined that such conditions
are causing and will increasingly cause a reduction and lack
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
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86_3060G9
and the State. This finding is based in part 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 are beyond the capacity
o£ the City and cannot be undertaken or borne by private
enterprise, acting alone or in concert with available govern-
mental action. This finding is supported in part by the
fact that development has not proceeded within the Added
Area, due to blighting conditions as identified herein which
discourage development.
2. The Added Area is an urbanized area. Not less than
eighty percent (80) of the privately owned property in the
Added Area has been or is developed for urban uses or, due
to its role in the circulation system of the City and contiguity
to the previously established Project Area is an integral
part of an area developed for urban uses, as demonstrated by
the Agency' s Report to Council.
3. The amendment will redevelop the Added 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 redevelopment of
the Rdded 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, develop-
ment, redesign, clearance, reconstruction or rehabilitation
of properties which need improvement, and providing for
higher economic utilization of potentially useful land.
4. The adopting and carrying out the Amendment is
economically sound and £easible. This finding is based in
part on the fact that under the Redevelopment Plan and the
Amendment no public redevelopment activity will be undertaken
unless the Agency can demonstrate that it had adequate
revenue to finance the activity; the Agency' s Report to City
Council further discusses and demonstrates the economic
soundness and feasibility of the Amendment and undertakings
pursuant thereto.
5. The Amendment conforms to the General Plan of the
City of Orange. This finding is based in part on the finding
of the Planning Gommission that the Amendment conforms to
the General Plan for the City of Orange.
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6. The carrying out of the Amendment will promote the
public peace, health, safety and welfare of the City of
Orange and will effectuate the purposes and policy of the
Community Redevelopment Law. This finding is based on the
fact that redevelopment will benefit the Added Area and the
community by correcting contributing toward needed public
improvements.
7 . The Amendment does not contain provision for the
condemnation of real property within the Added Area.
Therefore, the Agency is not zequired to prepare a precise
plan to implement the relocation of families and persons
displaced from the Project Area or the Added Area. Nonethe-
less, the City Council and the P.gency recognize that the
provisions of Sections 7260 to 7276 0£ the California
Government Code would be applicable in the event relocation
would occur due to the implementation by the Agency of the
Amendment. The City Council finds and determines that the
provision o£ relocation assistance according to law consti-
tutes a feasible method for relocation.
8 . There are, or are being provided, within the Added
Area or within other areas not generaliy less desirable with
regard to public utilities and public and commercial facilities
and at rents or prices within the financial means of any ifamiliesandpersonswhomightbedisplacedfromtheAdded
Area, decent, safe and sanitary dwellings egual in number to
the number o£ and available accessible to their places of
employment. This finding is based in part upon the fact ithatnopersonorfamilywillberequiredbytheAgencyto
move from any dwelling unit until suitable replacement
housing is available. i
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4. Inclusion af any lands, buildings or improvements
which are not detrimental to the public health, safety or
wel£are 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 o£ obtaining the allocation of
tax increment revenues from such area pursuant to Section i
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
Added Area were chosen as a unified and consistent whole to
include lands that were underutilized because of blighting
influences, or affected by the existence of blighting
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86_3060G9
influences, and land uses significantly contributing to the
conditions of blight, whose inclusion is necessary to
accomplish the objectives and benefits of the Redevelopment
Plan and the Amendment.
10. The elimination of blight and the redevelopment of
the Added Area would not reasonably be expected to be
accomplished by private enterprise acting alone without the
aid and assistdnce o£ the Agency. This finding is based
upon the existence o£ blighting influences, including the
lack of adequate public improvements and facilities, and the
infeasibility due to cost of requiring individuals (by means
of assessments or otherwise} to eradicate or significantly
alleviate existing deficiences in public improvements.
11. The effect of tax increment financing will not
cause a severe financial burden or detriment on any taxing
agency deriving revenues from the Added Area or the Original
Area. This based in part upon the analysis contained in the
Agency' s Report to the City Council.
Section III:
The City Council is satisfied that permanent housing
facilities will be available within three (3) years from the
time occupants of the Added Area, if any, are displaced, and
that pending the development of such permanent £acilities,
ihere will be available to any such displaced occupants
temporary housinq facilities at rents comparable to those in
the City of Orange at the time of their displacement. No
persons or families of low or moderate income shall be
displaced from residence unless and until there are suitable
housing units available and ready for occupancy by such
displaced persons or families at rents comparable to those
i at the time of displacement. Such housing units shall be
suitable to the needs of such displaced persons or families
and dwellings. The Agency shall not displace any such
persons or families until such housing units are available
and ready occupancy.
Section IV:
Any written objections to the Amendment filed with the
City Clerk of the City of Orange before the hour set for
i hearing and all oral objections presented to the City Council
i at the hearing having been considered are hereby overruled.
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Section V:
That certain document entitled, "Amendment No. One to
the Redevelopment Plan for the Southwest Redevelopment
Project" , the maps contained therein and such other reports
as are incorporated therein by reference, a copy of which is
on file in the Office of the City Clerk of the City of
Orange, 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 and the official "Amendment No. One to the
Redevelopment Plan for the Southwest Redevelopment Project° .
Except as and to the extent expressly modified by the Amend-
ment, all provisions of the Redevelopment Plan as approved
by Ordinance No. 37-84 shall remain in full force and effect.
Section VI:
Zn order to implement and facilitate the effectuation
of the Amendment as hereby approved, this City Council
hereby (a) pledges its cooperation in helping to carry out
the Amendment, (b requests the various o£ficials, departments,
boards and agencies of the City of Orange havinq administrative
responsibilities in the ildded Area likewise to cooperate to
such end and to exercise their respective functions and
powers in a manner consistent with the redevelopment of the
Added Area, (c} stands ready to consider and take appropriate iactionuponproposalsandmeasuredesignedtoeffectuatethe
Amendment, and (d) declares its intention to undertake and
complete any proceeding necessary to be carried out by the
City under the provisions of the Amendment. i
Section VII: i
The City Clerk is hereby directed to send a certified
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copy of this 6rdinance to the Agency whereupon the Agency is
vested with the responsibility for carryinq out the Amendment.
Section VIII:
The City Clerk is hereby directed to record with the
County Recorder of Orange County a description of the land
within the Added Area and a statement that proceedings for
the redevelopment of the Added Area have been instituted
under the Community Redevelopment Law.
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Section =X: g6-3G6009
The City Clerk is hereby directed to transmit a copy of
the description and statement to be recorded by the City
Clerk pursuant to Section VIII of this Ordinance, a copy of
this Ordinance and a map or plat indicating the boundaries
of the Added Area, to the Auditor and Assessor of the County
of Oranqe, to the goyerning body of each of the taxing
agencies which receives taxes from property in the Added
Area and to the State Board of Equalizatian.
Section X:
This Ordinance shall be in full force and effect thirty
30) days after passage.
Section XI :
If any part of this Ordinance or the Amendment which it
approves is held to be invalid for any reason, such decision
shall not affect the validity o£ the remaining portion of
this Ordinance or of the Amendment, and this City Council
hereby declares it would have passed the remainder of this
Ordinance or approved the remainder of the Amendment if such
invalid portion thereof had been deleted.
Section XII:
i A summary of this Ordinance shall be published and a
certified copy of the full text of this Ordinance shall be
posted in the Office of the City Clerk at least five (5)
days prior to the City Council meeting at which this Ordinance
is to be adopted. A summary of this Ordinance shall also be
published once within £ifteen (15a days after this Ordinance ' s
passage in the Orange City News, a newspaper of qeneral
circulation, published and circulated in the City of Orange.
The City Clerk shall post in the Office of the City Clerk a
certified copy of the £ull text of such adopted Ordinance
along with the names of those City Council members votinq
for and against the Ordi anqe in accordance with Government
Code Section 36933. This Ordinance shall take effect thirty
30) days from and after the date of final passage.
i ADOPTED this 15th day of July 1986.
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i or o the City of Oranqe
ATTEST:
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C C e of he ty df Ozange
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STATE OF CALIFORNIA }
COUNTY OF ORANGE ss
CITY OF ORANGE
I, MARILYN J. JENSEN, City Clerk of the City o£ Orange,
Cali£ornia, do hereby certify that the foregoinq Ordinance
was introduced at the regular meeting of the City Council
held on the 8th day of Jul 19g6, and
thereafter at a regular meeting o sai Crty Council duly
held on the i5th day of July 19g6 was duly
passed and adopted by the following vote, to wit:
AYES: COUNCILMEN: MAYOR BEAM, PEREZ, BEYER
NOES: COUNCILMEN: NONE
ABSENT: COUNCTLMEN: NONE
ABSTAZNED: COUNCILMEN: SMITH, BARRERA
ylc..u,L, 'i,4«^-
City Clerk f th Ci of Orange
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