CC - Item II.F - Ordinance No. 809i
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
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 facilities 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
ity Council its-report and recommendations-concerning -the Redevelopment Plari and ifs
certification that the Redevelopment-Plan conforms to the General Plan for the' City of
-------Rosemead;=and--- -
WHEREAS,- the Planning Commission on 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.), the guidelines for
implementation of the. California Environriien£a] 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'- - - -
- ~7HEREAS, the Agency and City Council has certified the adequacy of the EIR,
- = submitted pursuant-to-Public-Resources Code Section-21151 and Health and-Safety Code - -
-Section 33352, and has 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 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 residence on May 31, 2000; and
WHEREAS, the City Council and the Agency keld une
13, 2000 on adoption of the Redevelopment Plan in the RosQxCUN A CoUZ1 om ers,
8838 East Valley Blvd., Rosemead, California; and f 9 2000
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ITEM No.
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
.__WI REAS, 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 recei~~ed and-"corisi-dered-all evidence`and'testimoriy_presented-for or_agafnst_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 CI_TY_ COINCIL.OF.-THE CITY OF ROSEMEAD-
D.OES ORD_ALIKAs FOLLOWS: - -
Section 1. The purposes and intent of the City Council with respect to the
- - Project Area are-to accomplish the
a)--The elimination-and prevention of"thb-spread of blight and deterioiatiori and
- the conservation; rehabilitation and redevelopment of the Project Area in accord with the
General Plan, the Redevelopment Plan and local Bodes 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
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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.
f) 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=ot~7-otlief~7purposes_Nyhich-_have- _the7following --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
-~a-- _ (2) The-existence of subdivided lots of irregular form and shape and
inadequate m size for proper usefulness`and'development'that--aie'in:iniiltiple ownership.--"-'" . .
_ _ ='preva ence 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.
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r 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 in_stallatiop bf new,-orreplacement of eristing=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 aut-of-the Redevelopment Plan -is -economically -
--sound-and feasible.-This-finding-is-based-on-the-fact that -under_the.Redevelopmen t. Plan-
the Agency -u ill 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 Citv of Rosemead.
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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-
- - ° dispatched from the Project Area,-decent,--safe and sanitary. dwellings equal-in'num-ber'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-th-e Agency's Relocation Assistance -Guidelines,..the.City_'s.._
Housing Element, and the fact that there are no identified dwelling units in the Project
- - Area.
- - -Inclusion-of any lands- buildingsor 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.
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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, 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-]ocal-housing--market
-Section 4. Written objections to the Redev_e_lopment Plan fled with the_Cityi -
Clerk~iefore-the hour=set for heanhg and all=written' androral.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 b. That certain document entitled "Environmental Impact Report for ffi-
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 -intothis---- -
Ordinance:-by-reference-and madea 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 6. 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
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.
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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, thereupon 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 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 10. 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 11. 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
githin.a_redevelopment-ptoject area.---- LL-- _
Section 12.__The_City-Clerk shall-certify to-the adoption.of-this Ordinance-...- The City Council herebyfinds that there are no newspapers of general circulation published and
circulated within the City, and in compliance with-Sectibn 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 13. 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.
adoption.
Section 14. 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 DAY OF 2000
CITY OF ROSEMEAD
ATTEST:
CITY CLERK
CITY OF ROSEMEAD
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