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Ordinance No. 809 - Redevelopment Plan for Project Area No. 2J ORDINANCE NO. 809 AN ORDINANCE OF THE CITY OF ROSEMEAD APPROVING AND ADOPTING THE REDEVELOPMENT PLAN FOR THE ROSEMEAD REDEVELOPMENT PROJECT AREA NO. 2 WHEREAS, the City Council of the City of Rosemead has received from the Rosemead Redevelopment Agency (the "Agency") the proposed Redevelopment Plan for the Rosemead Redevelopment Project Area No. 2, a copy of which is on file at the office of the o City Clerk, 8838 East Valley Blvd, Rosemead, California, and at the office of the Agency at the same address, together with the report of the Agency including the reasons for the selection of the Project Area, a description 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 families and persons who may be temporarily or _ permanently displaced from housing facilities in the Project Area, an analysis of the Preliminary Plan, the report and recommendations of the Planning Commission of the City of Rosemead, a summary of consultations with Project Area owners and businesses, an environmental impact report which includes the Project Area described in the Redevelopment Plan, a summary of consultations with taxing agencies, and an implementation plan; and WHEREAS, Planning Commission of the City of Rosemead has submitted to the City Council its report and recommendations concerning the Redevelopment Plan and its certification that the Redevelopment Plan conforms to the General Plan for the' City of Rosemead; and WHEREAS, the Planning Commission on December 20, 1999 held a public hearing on the Draft Environmental Impact Report, prepared in accordance with the • California Environmental Quality Act (Public Resources Code Section 21000 et seq.), and the guidelines for implementation of the California Environmental Quality Act (14 Cal. Adm. Code Section 15000 et seq.) and the EIR was thereafter revised and supplemented to incorporate comments received and responses thereto; and WHEREAS, the Agency and City Council have certified the adequacy of the EIR, submitted pursuant to Public Resources Code Section 21151 and Health and Safety Code Section 33352, and have determined that the redevelopment of the Project Area pursuant to the Redevelopment Plan will have unavoidable significant impacts that cannot be fully mitigated by the measures and recommendations identified in the EIR; and WHEREAS, a Project Area Committee was not required to be formed in connection with the Plan because of the limited number of residences, the extensive public participation process conducted by the Agency and the distribution of the Redevelopment Plan to all residents on May 31, 2000; and WHEREAS, the City Council and the Agency held a joint public hearing on June 13, 2000 on adoption of the Redevelopment Plan in the Rosemead City Council Chambers, 8838 East Valley Blvd., Rosemead, California; and -1- WHEREAS, notice of said hearing was duly and regularly published in the San Gabriel Valley Tribune, a newspaper of general circulation in the City of Rosemead, 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 and the Secretary of the Agency; and WHEREAS, copies of the notice of joint public hearing were mailed by first class mail to the last known address of each assessee as shown on the last equalized assessment roll of the County of Los Angeles for each parcel of land in the Project Area not less than 30 days prior to the hearing; and WHEREAS, copies of the notice of joint public hearing were mailed to all residents and businesses within the Project Area whose addresses were reasonably obtainable by the Agency not less than 30 days prior to the hearing; 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 notice of the joint public hearing, including a statement to such effect, 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 receipt 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 Agency, the Redevelopment Plan and its economic feasibility, and the EIR, 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 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 ROSEMEAD 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: a) 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 General Plan, the Redevelopment Plan and local codes and ordinances. b) The promotion of new and continuing private sector investment within the Project Area to prevent the loss of, and to facilitate, commercial sales activity. C) 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 this Redevelopment Plan. d) The retention and expansion of as many existing businesses as possible by means of redevelopment and rehabilitation activities and by encouraging and assisting the -2- cooperation and participation of owners, businesses, and public agencies in the revitalization of the Project Area. e) The provision for increased sales, business license, and other fees, taxes and revenues to the City of Rosemead. f) The creation and development of local job opportunities and the preservation of the area's existing employment base. e) The replanning, redesign and development of areas which are stagnant or improperly utilized. fl The extension of the community's supply of housing (inside or outside the Project Area), including opportunities for very low-, low- and moderate-income households. Section 2. The City Council hereby finds and determines, based on • substantial evidence in the record, including, but not limited to, the Agency's Report to the City Council on the proposed Redevelopment Plan for the Rosemead Redevelopment Project Area No. 2, and all documents referenced therein, and evidence and testimony received at the joint public hearing on adoption of the Redevelopment Plan held on June 13, 2000, 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 predominate in the Project Area: (1) The existence of buildings and structures used or intended to be used for commercial, industrial or other purposes which have the following factors that substantially hinder the economically viable use or capacity of buildings and lots, namely age and obsolescence, physical deterioration, substandard design, lack of parking, and inadequate size given present market conditions; and • (2) The existence of subdivided lots of irregular form and shape and inadequate in size for proper usefulness and development that are in multiple ownership. (3) A prevalence of depreciated or stagnant property values and impaired investments, including but not limited to declines in assessed values, and vacancy in portions of the Project Area; and (4) The existence of adjacent or nearby uses that are incompatible with each other and which prevent economic development of those parcels or other portions of the Project Area, including but not limited to the presence of residential uses next to commercial parcels which prevent expansion of commercial uses to meet current economic requirements of the private market; and (5) 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. -3- 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 Agency's report to City • Council. In addition, as demonstrated by the Agency's report to City Council, the Project Area is part of an area developed for urban uses. 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 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 Agency'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 Rosemead, including but not limited to the City's Housing Element, which substantially complies with the requirements of Article 10.6 (commencing with Section 65590) of Chapter 3 of Division 1 of Title 7 of the Government Code. This finding is based on the finding of the Planning Commission that the Redevelopment Plan conforms to the General Plan for the City of Rosemead. -4- f) The carrying out of the Redevelopment Plan will promote the public peace, health, safety and welfare of the-City of Rosemead and will 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) Although the Project Area contains few dwelling units, 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. This finding is based upon the fact that the Agency has adopted a plan for the relocation of families, persons and businesses who might be displaced, temporarily or permanently, from housing facilities if any are within the Project Area, by Agency projects. 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 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 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, that such housing must meet the standards established in State law and regulations, in the Agency's Relocation Assistance Guidelines, the City's Housing Element, and the fact that there are no identified dwelling units in the Project Area. j) 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. In addition, all properties within Project Area boundaries were included because they were under utilized, 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 -5- without the aid and assistance of the Agency. This finding is based upon the existence of blighting influences, including, without limitation, the demonstrated lack of private sector interest in redeveloping the Project Area properties, structural deficiencies and other indications of blight more fully enumerated in the Agency's Report to City council, and the lack of feasibility due to cost of requiring individuals (by means of assessments or otherwise) to eradicate or significantly alleviate existing deficiencies in the Project Area properties and facilities, and the inability and inadequacy of other governmental programs and financing mechanisms to eliminate the blighting conditions. 1) The time limitation in the Redevelopment Plan is reasonably related to the proposed projects to be implemented in the Project Area and to the ability of the Agency to eliminate blight within the Project Area 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 Rosemead at the time of their displacement. No persons or families of low and moderate income shall be displaced from residencies 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. This finding is based upon the Relocation Assistance Guidelines and the Housing Element, and the Agency's familiarity with the local housing market. Section 4. Families and persons shall not be displaced prior to the adoption of a relocation plan pursuant to Section 33411 and 33411.1. Dwelling units having persons and families of low or moderate income shall not be removed or destroyed prior to the adoption of a replacement housing plan. Section 5. 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, residents, businesses and affected taxing agencies, having been responded to in writing, and all written responses have been considered by the City Council. Section 6. That certain document entitled "Environmental Impact Report for Project Area 2, a copy of which is on file in the office of the Agency, 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 Rosemead pursuant to or in implementation of the Redevelopment Plan shall be undertaken in accordance with the mitigation measures set forth in said Environmental Impact Report, and the Agency shall undertake such additional environmental reviews as necessary at the time of implementation of such activities. Section 7. That certain document entitled "Redevelopment Plan for the Rosemead Redevelopment Project Area No. 2", 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 office of the City Clerk, having been duly reviewed and considered, is -6- 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 Rosemead Redevelopment Project Area No. 2. Section8. 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 9. The City Clerk is hereby directed to send a certified copy of this lie Ordinance to the Agency, thereupon the Agency is vested with the responsibility for carrying out the Redevelopment Plan. Section 10. The City Clerk is hereby directed to record with the County Recorder of Los Angeles 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 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 Los Angeles, 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. The Building and Safety Department of the City of Rosemead 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 13. The City Clerk shall certify to the adoption of this Ordinance. The City Council hereby finds that there are no newspapers of general circulation published and circulated within the City, and in compliance with Section 36933 of the Government Code, directs the City Clerk to cause said Ordinance within fifteen (15) days after its passage to be posted in at least three (3) places within the City. Section 14. 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- adoption. Section 15. This ordinance shall be in full force and effect thirty (30) days after APPROVED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF ROSEMEAD, THIS oZ7+~ DAY OF 2c wCi , 2000 MAYOR CITY OF ROSEMEAD ATTEST: • CITY CLERK CITY OF ROSEMEAD 0 -8- STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF ROSEMEAD I, Nancy Valderrama, City Clerk of the City of Rosemead, do hereby certify that the • foregoing Ordinance No. 809 being: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD APPROVING AND ADOPTING THE REDEVELOPMENT PLAN FOR THE ROSEMEAD REDEVELOPMENT PROJECT AREA NO. 2 was duly adopted at a regular meeting of the Rosemead City Council on the 27th s day of June, 2000, by the following vote to wit: YES: COUNCILMEMBERS, VASQUEZ, BRUESCH, CLARK, IMPERIAL NO: COUNCILMEMBER TAYLOR ABSENT: NONE ABSTAIN: NONE CITY CLERIC