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Ordinance No. 813ORDINANCE NO. 813 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING AND ADOPTING THE REDEVELOPMENT PLAN FOR THE CIVIC CENTER REDEVELOPMENT PROJECT, AMENDMENT NO. 1 WHEREAS, the City Council of the City of Cypress (the "City Council ") approved and adopted the Redevelopment Plan for the Civic Center Redevelopment Project (the "Plan ") by adoption of Ordinance No. 692 on July 19, 1982; and WHEREAS, the Cypress Redevelopment Agency desires to amend said Redevelopment Plan for the Civic Center Redevelopment Project; and WHEREAS, the Cypress Redevelopment Agency (the "Agency ") has prepared the Redevelopment Plan for the Civic Center Redevelopment Project, Amendment No. 1 (the "Redevelopment Plan"); and WHEREAS, the proposed amendment to the Redevelopment Plan adds land to the Project Area established by City Council Ordinance No. 692; and WHEREAS, the Agency has approved and made available for public inspection rules tor owner participation pursuant to Section 33345 of the Health and Safety Code, Project and relocation guidelines pursuant to Section 33410 of the Health and Safety Code; and WHEREAS, the Agency and the City Council in accordance with Section 33452 of the Health and Safety Code have duly given notice of a joint public hearing to consider the proposed amendment to the Redevelopment Plan; and WHEREAS, the Agency has caused to be prepared and has reviewed a report to the City Council on the Redevelopment Plan for Civic Center Redevelopment Project, Amendment No. 1 pursuant to Section 33352 of the Health and Safety Code (the "Report "); and WHEREAS, the City Council has reviewed and considered the proposed amendment to the Redevelopment Plan and all documents referenced therein, and all evidence presented by the staff and interested parties; and WHEREAS, the City Council has reviewed and approved an Addendum to the Sorrento Planned Residential Development Specific Plan No. 88 -3 Environmental Impact Report for the Project prepared pursuant to Section 15164(a)(3) of the California Environmental Quality Act; NOW, THEREFORE, BE IT ORDAINED BY the City Council of the City of Cypress as follows: Section 1. Purpose and Intent. (a) The Agency established the Civic Center Redevelopment Project in a blighted area of the community and has proceeded with the redevelopment of the Project Area. (b) The Agency desires to expand its authority to redevelop blighted areas of the community by adding land to the Project Area (the "added area "). (c) The proposed amendment to the Redevelopment Plan to add land has necessitated changes to the financial limitations as required by Health and Safety Code Section 33333.2(1) and (2). (d) The proposed amendment to the Redevelopment Plan adds substantial public improvements, all of which are of benefit to the Project Area and /or the added area. Consistent with these purposes, the Project seeks to achieve the following objectives: A. The elimination of existing blighted conditions, be they properties or structures, and the prevention of recurring blight in and about the Project Area. B. The development of property within a creative, coordinated land use pattern of residential, commercial, open space, and public facilities in the Project Area consistent with the goals, policies, objectives, standards, guidelines and requirements as set forth in the adopted General Plan and Zoning Ordinance. C. The development of public services and facilities including, but not limited to, open space, maintenance, and operational services and facilities as are necessary and required for the development of the Project Area. D. The elimination of environmental deficiencies including inadequate street and drainage improvements, inadequate utility systems, and inadequate public improvements, facilities and services. E. The development of a more efficient and effective circulation system. F. The achievement of a physical environment reflecting a high level of concern for architectural and urban design principles deemed important by the community. Section 2. Findings. The City Council, having duly considered the proposed amendment to the Redevelopment Plan, the Report, the Addendum, the documents referenced therein, and all testimony and information submitted to the City Council, finds and determines as follows: a. That the problems identified in Section III of the Report include depreciated values, impaired investments and social and economic maladjustment and the existence of inadequate public improvements and public facilities which constitute physical, social and economic liabilities which cannot be remedied by private or governmental action without redevelopment. b. That the proposed amendment to the Redevelopment Plan will aid in the redevelopment and improvement of the Project Area in conformity with the Community Redevelopment Law and is in the interest of the public peace, health, safety, and welfare. c. That the adoption and carrying out of the proposed amendment to the Redevelopment Plan is economically sound and feasible for the reasons set forth in Section IV of the Report. d. That the proposed amendment to the Redevelopment Plan conforms to the General Plan of the City of Cypress inasmuch as the land uses permitted under the proposed amendment to the Redevelopment Plan are the same as the land uses permitted under the General Plan of the City, and for the further reason that the City Council acting as the Planning Agency of the City of Cypress has found that the proposed amendment to the Redevelopment Plan conforms with the General Plan as set forth in Section VIII of the Report. e. That the carrying out of the proposed amendment to the Redevelopment Plan will promote the peace, health, safety, and welfare of the City of Cypress and will effectuate the purposes and policies of the Community Redevelopment Law by assisting in the elimination of blight in the Project Area, as set forth in the Redevelopment Plan and Section II of the Report. f. That the proposed amendment to the Redevelopment Plan permits acquisition of real property by eminent domain in the Project Area which ability to acquire real property by eminent domain is necessary to the execution of the Redevelopment Plan and that adequate provisions have been made for payment for property to be acquired as provided by law. g. That with respect to any displacement of families or persons which occurs, the Agency has a feasible method or plan for the relocation of families and persons displaced from the Project Area as set forth in the Redevelopment Plan and Section VI of the Report, that the Agency will provide advisory assistance to all persons displaced as a result of acquisition by the Agency of real property and to all persons displaced as a result of redevelopment activities carried out by private persons as a result of an agreement with the Agency; that there are, or are being provided, in the Project Area or in other areas not generally less desirable in regard to public utilities and public and commercial facilities and at rents or prices within the financial means of the families and persons 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; that the City Council is satisfied that no persons or families of low and moderate income shall be displaced unless and until there is a suitable housing unit available and ready for occupancy by such displaced person or family at rents comparable to those of the time of their displacement and such units shall be suitable to the needs of such displaced persons or families and must be decent, safe, sanitary and otherwise standard dwellings and that pending the development of such facilities there will be available to such displaced occupants adequate temporary housing facilities in the Project Area or other areas; and that the City Council is satisfied that permanent housing facilities will be available within three years from the time occupants of the Project Area are displaced and that pending development of the facilities, there will be available to the displaced occupants adequate temporary housing facilities at rents comparable to those in the community at the time of their displacement. h. That the 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 area of which they are a part; and that all areas included are necessary for effective redevelopment and are not included for the purpose of obtaining the allocation of tax increment revenues from the Project Area without other substantial justification for their inclusion. i. That the elimination of blight and the redevelopment of the Project Area could not be reasonably expected to be accomplished by private enterprise acting alone without the aid and assistance of the Agency. j That the use of tax increment financing to implement the Redevelopment Plan will not cause a significant financial burden or detriment to any taxing agency deriving revenues from the Project Area. k. That the City Council hereby declares its intentiont to undertake and complete the Project pursuant to the provisions and authorities specified in the Redevelopment Plan. 1. That the Redevelopment Plan contains adequate safeguards to ensure that future improvements will be carried out pursuant to the Redevelopment Plan and provides for the retention of controls and the establishment of restrictions and covenants running with land sold or leased for private use which are necessary to effectuate the purposes of the Redevelopment Plan. m. That the Redevelopment Plan complies with the provisions of the California Community Redevelopment Law, and that expenditures and projects will be authorized periodically to carry forth the Redevelopment Plan and proposed improvements. Section 3. Adoption of the Proposed Redevelopment Plan for the Civic Center Redevelopment Project Amendment No. 1, Incorporation of Redevelopment Plan by Reference and Designation of Approved Redevelopment Plan. The Proposed Redevelopment Plan for the Civic Center Redevelopment Project, Amendment No. 1 heretofore submitted to the City Council is hereby approved and adopted and incorporated herein by reference and is hereby designated as the official Redevelopment Plan for the Civic Center Redevelopment Project, Amendment No. 1. Section 4. Boundaries of Project Area. The boundaries of the Project Area are set forth in Exhibit "A," attached hereto and made a part hereof. Section 5. Severability. The City Council hereby declares that if any section, paragraph, sentence, or word, of this ordinance or the Redevelopment Plan, or the amendment thereto be declared for any reason to be invalid, it is the intent of the City Council that it would have passed all other portions of this ordinance and the Redevelopment Plan independent of the elimination of any such portion as may be declared invalid. Section 6. The City Clerk is hereby directed to send a certified copy of this ordinance to the Agency, and the Agency is hereby vested with the responsibility for carrying out the Redevelopment Plan, subject to the provisions thereof. Section 7. The City Clerk is hereby directed to record with the County Recorder of Orange County a copy of the Redevelopment Plan for the Civic Center Redevelopment Project, Amendment No. 1 and a statement that the proceedings for the redevelopment thereof have been instituted under the California Redevelopment Law. The Agency is hereby directed to effectuate recordation in compliance with the provisions of Section 27295 of the Government Code to the extent applicable. Section 8. The Building Department of the City of Cypress 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 9. << he City Clerk is hereby directed to transmit a copy description and statement recorded by the City Clerk pusuanttto Section 7 of this ordinance, a copy of this ordinance and a map or plat indicating the boundaries of the Project Area to the Tax Assessor of Orange County, to the governing body of each of the taxing agencies which levies taxes upon any property in the Project Area and to the State Board of Equalization. Section 10. The City Clerk shall certify to the passage of this ordinance and cause a copy thereof to be published as required by law in a newspaper of general circulation in the City of Cypress, and this ordinance shall take force and effect after its passage in the manner provided by law. FIRST READ at a regular meeting of the City Council of said City held on the 27th day of March 1989, and finally adopted and ordered posted at a regular meeting of said Council held on the 10th day of April 1989. ATTEST: CITY C Z�= CIT OF CYPRESS MAYOR OF T E CIT OF CYPRESS STATE OF CALIFORNIA) COUNTY OF ORANGE ) SS I, DARRELL ESSEX, City Clerk of the City of Cypress, DO HEREBY CERTIFY that the foregoing Ordinance was duly adopted at a regular meeting of the said City Council held on the 10th day of April 1989, by the following roll call vote: AYES: 4 COUNCIL MEMBERS: Age,Arnold, Kerry and Kanel NOES: 0 COUNCIL MEMBERS: None ABSENT: 0 COUNCIL MEMBERS: None CITY CLE'R'K F`THE OF CYPRESS