ORD-22-88 REDEVELOPMENT PLAN FOR THE NORTHWEST REDEVELOPMENT PROJECTORDINANCE NO. 22-
88 AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF ORANGE APPROVING
AND ADOPTING THE REDEVELOPMENT PLAN
FOR THE NORTHWEST REDEVELOPMENT
PROJECT.WHEREAS, the City Council has received from the
Orange Redevelopment Agency (the "Agency"), the proposed
Redevelopment Plan (the "Redevelopment Plan") for the Northwest
Redevelopment Project (the "Project") as approved by the Agency, a copy
of which is on file with the City Clerk at the Office 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 included in
the Northwest Redevelopment Project Area (the "Project Area"),
and a discussion of certain other matters as set forth in
Section 33352 of the California Health and Safety Code of the
physical,social and economic conditions existing in the Project
Area,the proposed method of financing the redevelopment of
the Project Area, a plan for the relocation of business owners
and tenants who may be temporarily or permanently displaced
from the Project Area, an analysis of the Preliminary Plan,
the report and recommendations of the Planning Commission of
the City of Orange (the "Planning commission"), a summary
of meetings with Project Area residents, an environmental
impact report on the Redevelopment Plan, and the report of the
County Fiscal Officer and the Agency's analysis thereof, and
a neighborhood impact report;
and WHEREAS, the Planning Commission has submitted to the
City Council of the City of Orange its report and
recommendations for approval of the Redevelopment Plan and its
certification that the Redevelopment Plan conforms to the General Plan
for the City of Orange;
ano WHEREAS, the City 'Council and the Agency held a
joint public hearing on June 21, 1988, concerning the adoption of
the Redevelopment Plan and the certification of the
Final Environmental Impact Report on the Redevelopment Plan, at
the Yorba Middle School, 935 North Cambridge Street,
Orange,California;
and WHEREAS, a notice of the hearing was duly and
regularly published in the Orange County 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 the hearing, and a
copy of said notice and affidavit of publication are on file
with the City Clerk of the City of Orange and Clerk of the
Agency;
WHEREAS, copies of the notice of joint public hearing were
mailed by certified mail with return receipt requested to the
last known addres's of each addressee, as shown on the last
equalized assessment roll of the County of Orange, of each
parcel of land in the proposed Project Area; and
WHEREAS, each assessee in the Project Area was sent a
separate statement, attached to the notice of joint public
hearing, that his property may be sUbject to acquisition by
purchase under the provisions of the Redevelopment Plan; and
WHEREAS, copies of the notice of joint public hearing were
mailed by certified mail with return receipt requested to the
governing body of each taxing agency which receives taxes from
property in the project Area; and
WHEREAS, the Agency has prepared and submitted a program
for the relocation of persons and businesses who may be
displaced as a result of carrying out the Project in accordance
with the Redevelopment Plan; and
WHEREAS, the Council has general knowledge of the
conditions existing in the Project Area and of the availability
of suitable housing in the City for the relocation of families
and persons who may be displaced by the Project, and in light
of such knowledge of local housing conditions, has carefully
considered and reviewed such program for relocation; and
WHEREAS, the City Council has considered the report and
recommendations of the Planning Commission, the report of the
Agency, the Redevelopment Plan 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
Redevelopment Plan; and
WHEREAS, the Agency and the City Council have reviewed and
considered the Environmental Impact Report for the
Redevelopment Plan, 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 on June 21, 1988, by Agency Resolution No.
ORA-OlI4 and City Council Resolution No.
7085.NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ORANGE
DOES ORDAIN AS
FOLLOWS:ORDINANCE NO. 22-88
Section 1:
That the purpose and intent of the City Council with
respect to the Project Area is to accomplish to the greatest
extent feasible the following:
a. Remedy, remove, and prevent physical blight and
economic obsolescence in the Project Area through
implementation of the Redevelopment Plan.
b. Expand the industrial base of the community, through
the promotion of new and continuing private sector
investment in the Project Area.
c. Encourage the cooperation and participation of
residents, business, business persons, public agencies
and community organizations in the redevelopment of
the Project Area.
d. Upgrade the general aesthetics of the industrial
enterprises to improve their economic viability.
presently, the problem of dilapidated, outdated and
obsolete structures negatively influences the
development potential of the Project Area.
e. Replan, redesign and redevelop areas within the
Project Area that are economically stagnating and/or
improperly utilized.
f. Provide for the expansion, renovation and relocation
of businesses within the Project Area to enhance their
economic viability.
g. Alleviate certain environmental deficiencies,
including substandard vehicular circulation systems,
an inadequate water service system, sewer and storm
drainage syst~ms, insufficient off-street parking
and other similar public improvements that constrain
the development in the Project Area, the cost of
which cannot be borne by private enterprise acting
alone..h. Improve and/or provide utility services such as
gas,electric and telephone services where
such deficiencies are adversely affecting the Project
Area.i. Recycle and/or develop underutilized parcels
to accommodate higher and better economic uses
thereby improving the financial viability and economic base
of the Project Area and the community as a
whole.j. Expand the existing employment bas~ and promote
the creation of new employment
opportunities.ORDINANCE NO.
22-
k. Address parcels of property
that are inadequately sized for proper usefulness and
development, and which are held in divided and
widely scattered ownerships.1. Provide opportunities and mechanisms
to increase sales tax, business license and other
revenues to the City of Orange.m. Promote seismic
safety measures.
n. Provide opportunities for the
expansion of the community's supply of housing (
on a citywide basis)inCluding housing opportunities for low
and moderate income households.o. Plan and
implement new
development and infrastructure that will result in the
reduceion of the City's annual service costs to the Project
Area.Section 2:THE CITY COUNCIL
HEREBY FINDS
AND DETERMINES THAT:a. The Project 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, ~ ~.). This finding is
based upon the following conditions which characterize the
Project Area:1) 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.2) A lack
of proper
utilization of property,resulting in a stagnant and
unprOductive condition of land potentially useful
and valuable.3) A prevalence of impaired
investments and economic maladjustment.4) The existence of
unfit
or unsafe buildings and structures due to age, obsolescence
or mixed character.ORDINANCE NO. 22-88
4-
It 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
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 of the City and
cannot be undertaken or borne by private enterprise, acting
alone or in concert with available governmental action. This
finding is supported in part by the fact that development has
not proceeded within the Project Area, due to blighting
conditions as identified herein which discourage development.
b. The project Area is an urbanized area. Not less than
eighty percent (80%) of the privately owned property in the
Project Area has been or is developed for urban uses or, due to
its role in the circulation system of the City is an integral
part of an area developed for urban uses, as demonstrated by
the Agency's Report to Council.
c. The Redevelopment Plan will redevelop the project Area
in conformity with the Community Redevelopment Law and in the
interests of the public health, safety and welfare. This
finding is based upon the fact that redevelopment of the
Project 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 adopting pnd carrying out the Redevelopment Plan
is economically sound and feasible. This finding is based in
part on the fact that under the Redevelopment Plan 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
Redevelopment Plan and undertakings pursuant thereto.
e. The Redevelopment Plan conforms to the General Plan of
the City of Orange. This finding is based in part on the
finding of the Planning Commission that the Redevelopment Plan
conforms to the General Plan for the City of Orange.
5-ORDINANCE NO. 22-
f. The carrying out of the Redevelopment Plan will
promote the public 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 Project Area and the
community by correcting conditions of blight and by
coordinating public and private actions to stimulate
development, contribute toward needed public improvements and
improve the economic, social and physical conditions of the
project Area and the community.
g. The Redevelopment Plan does not contain provisions for
the condemnation of real property within the Project Area.
Therefore the Agency is not required to prepare a precise plan
to implement the relocation of families- and persons displaced
from the Project Area. Nonetheless, the City Council and the
Agency recognize that the provisions o! Sections 7260 to 7276
of the California Government Code would be applicable in the
event relocation would occur due to the implementation by the
Agency of the Redevelopment Plan. The City Council finds and
determines that the provision of relocation assistance
according to law constitutes a feasible method for relocation.
h. There are, or are being provided, within the Project
Area or within other areas not generally less desirable with
regard to public utilities and public and commercial facilities
and at rents or prices within the financial means of any
families and persons who might be displaced from the Project
Area, decent, safe and sanitary dwellings equal in number to
the number of and available accessible to their places of
employment. This finding is based in part upon the fact that
no person or family will be required by the Agency to move from
any dwelling unit until suitable replacement housing is
available.
i. Inclusion of any land, 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 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 Project 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 influences, and land uses
significantly contributing to the conditions of blight, whose
inclusion is necessary to accomplish the objectives and
ORDINANCE NO. 22-
88
benefits
of the Redevelopment Plan.j.
The elimination of blight and the redevelopment of the Project
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 upon the existence
of blighting influences, including without limitation the
lack of adequate public improvements and facilities,structural
deficiencies and other indications of blight more fully
enumerated in the record, and the infeasibility due to cost
of requiring individuals (by means of assessments or otherwise)
to eradicate or significantly alleviate existing deficiencies
in public improvements and facilities and the inability
and inadequacy of other governmental programs and financing
mechanisms to eliminate the blighting conditions.k.
The effect of tax increment financing will not cause a severe
financial burden or detriment on any taxing agency deriving
revenues from the Project Area. This based in part upon
the analysis contained in the Agency's Report to the City Council.
1.
The Redevelopment Plan contains adequate safeguards so that
the work of redevelopment will be carried out pursuant to the
Redevelopment Plan, and it provides for the retention of controls
and the establishment of restrictions and covenants running
with the land sold or leased for private use for periods
of time and under conditions specified in the Redevelopment
Plan, which this Council deems necessary to effectuate
the purposes of the Community Redevelopment Law.Section
3:The
City Council is satisfied that permanent housing facilities
will be available within three (3) years from the time
occupants of the Project Area, if any, are displaced, and that
pending the development of such permanent facilities,there
will be available to any such displaced occupants temporary
housing facilities at rents comparable to those in the
City of 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 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.
7-ORDINANCE NO. 22-
Section
4:Any
written objections to the Redevelopment Plan filed with the
City Clerk or the City of Orange before the hour set for hearing
and all oral objections presented to the City Council at
the hearing having been considered are hereby overruled.Section
5:That
certain document entitled "Redevelopment Plan for the Northwest
Redevelopment Project Area", 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 Redevelopment
Plan for the Northwest Redevelopment Project".Section
6:In
order to implement and facilitate the effectuation of the
Redevelopment Plan as 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 of Orange 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 Project Area, (c) stands ready to consider and
take appropriate action upon proposals and measure designed to
effectuate the Redevelopment Plan, and (d) declares its intention
to undertake and complete any proceeding necessary to be
carried out by the City under the provisions of the Redevelopment
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 Redevelopment Plan.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 redevelopment
of the Project Area have been instituted under the
Community Redevelopment Law.ORDINANCE
NO. 22-88 8-
Section 9:
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 8 of this Ordinance, a copy of this
Ordinance and a map or plat indicating the boundaries of the
Project Area, to the Auditor 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.
Section 10:
This Ordinance shall be in full force and effect thirty
30) days from and after the date of final passage.
section 11:
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 City
Council hereby declares it would have passed the remainder of
this Ordinance or approved the remainder of the Redevelopment
Plan if such invalid portion thereof had been deleted.
Section 12:
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 or the full text of
this Ordinance shall also be published once within fifteen (15)
days after this Ordinance's passage in the Oranqe County
Reqister, a newspaper of general 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 full text
of such adopted Ordinance along with the names of those City
Council members voting for and against the Ordinance in
accordance with Government Code Section 36933.
9-
ORDINANCE NO. 22-
ADOPTED this28th day of ge ATTEST:
jJt44'~~ ~---'4~City Cler of
t
Ci
of Orange I
hereby certify that the foregoing, Ordinance was
introduced at the regular meeting of the city
Council held on the 21st day of June , 1988, and -thereafter
at a regular meeting of said City Council held on the
28th day of June , 1988, was duly passed and adopted by
the following vote:AYES: COUNCIL MEMBERS: SMITH. COONTZ, BEYER NOES:
COUNCIL
MEMBERS: NONE ABSENT: COUNCIL MEMBERS: NONE
ABSTAIN: COUNCIL MEMBERS: BARRERA.
MAYOR PEREZ tu4...~-~~ ~4.#~
ci y Cler of t ~y
of
Orange ORDINANCE
NO. 22-88 10-