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Ordinance No. 851455 ORDINANCE NO. 851 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING AND ADOPTING A REDEVELOPMENT PLAN FOR THE LOS ALAMITOS RACE TRACK AND GOLF COURSE REDEVELOPMENT PROJECT AREA AS THE OFFICIAL REDEVEL- OPMENT PLAN FOR SAID PROJECT WHEREAS, the Cypress Redevelopment Agency (the "Agency ") has formulated, prepared and approved a Redev- elopment Plan for the Los Alamitos Race Track and Golf Course Redevelopment Project (hereinafter the "Redevelopment Plan "); and, WHEREAS, said Redevelopment Plan has been prepared pursuant to California Community Redevelopment Law (Health and Safety Code Sections 33000 et seq.); and, WHEREAS, the Planning Agency of the City of Cypress has submitted its report and recommendation on the proposed Redevelopment Plan, finding that the proposed Redevelopment Plan is in conformity with the Cypress General Plan, and has recommended approval of the proposed Redevelopment Plan; and, WHEREAS, the Agency has adopted Rules governing Participation and Re -entry Preferences for Property Owners, Operators of Businesses and Tenants in the Los Alamitos Race Track and Golf Course Redevelopment Project; and, WHEREAS, the Agency has adopted a Relocation Plan providing for the relocation of persons, families and businesses from the Project Area, the payment of relocation benefits and the giving of relocation assistance to such persons, families and businesses; and, WHEREAS, the Agency has submitted the proposed Redevelopment Plan and its Report thereon (pursuant to Section 33352 of the Health and Safety Code) to the City Council, which Report contains, among other things, the Planning Agency's reports and recommendations, the Report of the County Fiscal Officer, the Report of the Fiscal Review Committee and responses thereto by the Agency; and, WHEREAS, the Agency has consulted with Project Area residents, business persons and community organizations within the Project Area and has consulted with taxing agencies which levy taxes, or for which taxes are levied, on property in the Project Area; and, WHEREAS, the Agency and the City Council have approved, adopted and certified a Final Environmental Impact Report for the adoption of the proposed Redevelopment Plan all in accordance with the California Environmental Quality Act of 1970 and the state and local guidelines and regulations adopted pursuant thereto; and, -1- 456 WHEREAS, a joint public hearing has been fully noticed and held by the Agency and the City Council as required by law, and all written objections have been heard and passed upon by this City Council; and, WHEREAS, the Agency and Council have received written and oral testimony concerning the Redevelopment Plan and have duly considered all such written and oral testi- mony; and, WHEREAS, all proceedings for the adoption of the proposed Redevelopment Plan have been duly conducted and completed as required by law. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CYPRESS DOES HEREBY ORDAIN AS FOLLOWS: SECTION I. The purposes and intent of this City Council with respect to the Project Area are: (a) To eliminate the conditions of blight existing in the Project Area. (b) To prevent recurrence of blighting conditions within the Project Area. (c) To provide for participation by owners and tenants and preferences to persons engaged in business within the Project Area to participate in the redevelopment of the Project Area; to encourage and ensure the redevelopment of the Project Area in the manner set forth in the proposed Redevlopment Plan; and to provide for the relocation of residents, if any, displaced by the implementation of the proposed Redevelopment Plan. (d) To improve and construct or provide for the construction of public facilities, roads, and other public improvements and to improve the quality of the environment in the Project Area to the benefit of the Project Area and the general public as a whole. (e) To encourage and foster the economic revitalization of the Project Area by protecting and promoting the sound development and utilization of the Project Area and by replanning, redesigning or redeveloping portions of the Project Area which are stagnant or improperly utilized because of the lack of adequate facilities, utilities and other causes. (f) To provide housing as required to satisfy the needs and desires of the various age, income and ethnic groups of the community. -2- 457 SECTION II. The Redevelopment Plan for the Los Alamitos Race Track and Golf Course Redevelopment Project Area is hereby approved, adopted as amended in Section 3. below, and designated as the official Redevelopment Plan for the Los Alamitos Race Track and Golf Course Redevelopment Project Area and is hereby incorporated herein by reference and made a part hereof as if fully set forth at length herein, three copies of which are hereby directed to be filed with the City Clerk. SECTION III. The Redevelopment Plan for the Los Alamitos Race Track and Golf Course Redevelopment Project Area is hereby amended by the following: (a) Section 401 "Land Use Map" is hereby amended to read as follows: "'The Land Use Map' attached hereto as Attachment No. 3 and incorporated herein by this reference, illustrates the location of the Project Area boundaries, major streets within the Project Area, and the land uses which are permitted in the Project Area. The Land Use Map is consistent with the General Plan of the City of Cypress, as amended by General Plan Amendment No. 89 -2. The Land Use Map also reflects those uses authorized in Zone Change No. 89 -7, Specific Plan No. 89 -2, and those rights and duties vested under Development Agreement No. 90 -1." (b) Section 405, "Public Facilities," of the Redevelopment Plan is hereby amended to read as follows: "As illustrated on the Land Use Map (Attachment No. 3), the Project Area contains a total of 298.6 acres of which 223.6 acres are oriented towards public facility uses. Uses permitted in this area include but are not limited to: public and semi /public land uses such as colleges and universities, churches, church schools, religious facilities, civic center and administrative facilities, health facilities (long -term non - profit), hospitals (non - profit), libraries (public or private), municipal, county or other governmental buildings, police stations, correctional facilities, shelter care facilities, animal shelters, public corporation yards and administrative facilities, schools (public or private elementary, junior high, or high). Other public facilities that will help eliminate blight in the Project Area may be permitted by the Agency. Non - public uses also may be permitted at the discretion of the Agency. -3- 4r:3 that: The Project Area also includes approximately 75 acres of proposed business park uses. These uses are set forth in that certain Ordinance No. 848 which approved the General Plan Amendment No. 89 -2 and Zone Change No. 89 -7 which designated the 75 -acre parcel of the Project Area as "BP" Business Park for General Plan purposes and as "PBP -25A," Planned Business Park of 25 + Acres, Zone Change No. 89 -7, and by Resolution No. 3731 which adopted a Specific Plan for the Project Area, Specific Plan No. 89 -2, and Ordinance No. 847 which approved Development Agreement No. 90 -1. Ordinance No. 848 is hereby incorporated by reference and made a part hereof as if set forth in full. Resolution No. 3731 is hereby incorporated by reference and made a part herreof as if set forth in full. Ordinance No. 847 is hereby incorporated herein by reference and made a part hereof as if set forth in full." (c) Section 410, "Limitations on the Type, Size, Height, Number, and Proposed Uses of the Buildings," of the Plan is hereby amended to read as follows: "The use of all real property to which this Plan applies, to wit: all real property described on Attachment No. 1, shall comply with the provisions of the City's Zoning Regulations as they now exist or hereafter may be amended, and to Specific Plan No. 89 -2, as it now exists or may hereinafter be amended. Furthermore, the limitations to which this Section applies, shall be as those limitations are defined in General Plan Amendement No. 89 -2, Zone Change No. 89- 7, and Development Agreement No. 90 -1, and the Ordinances and Resolutions adopting and implementing the same." SECTION IV. The Council hereby finds and determines (a) The Project Area is a blighted area, the redevelopment of which is necessary to effectuate the public purposes declared in the Community Redevelopment Law of the State of California and specifically that the Project Area is characterized by properties which suffer from economic dislocation, deterioration or disuse because of one or more of the following factors: (1) The subdividing and sale of lots of irregular form and shape and inadequate size for property -4- development; (2) The existence of inadequate public improvements, public facilities, open spaces, and utilities which cannot be remedied by private or governmental action without redevelopment; (3) A prevalence of depreciated values, impaired investments, and social and economic maladjustment; (b) The Project Area is characterized by the existence of buildings and structures, used or intended to be used for living, commercial, industrial or other uses, which are unfit or unsafe to occupy for such purposes and are conducive to ill health, transmission of disease, and crime because of one or more of the following factors: (1) Defective design and character of physical construction; (2) Faulty interior arrangement and exterior spacing; (3) Age, obsolescence, deterioration, dilapidation, mixed character or shifting of uses; (c) The Redevelopment Plan will redevelop the Project Area in conformity with the Community Redevelopment Law of the State of California in the interests of the public peace, health, safety and welfare; (d) The adoption and carrying out of the Redevelopment Plan is economically sound and feasible for the reasons set forth in the Redevelopment Plan; (e) The Redevelopment Plan conforms to the City of Cypress General Plan as amended; (f) The carrying out of the Redevelopment Plan will promote the public peace, health, safety and welfare of the City of Cypress and will effectuate the purposes and policies of the Community Redevelopment Law of the State of California including but not limited to assisting in the elimination of blight; (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 payment for property to be acquired as provided by law; -5- 59 4C0 (h) The Agency has a feasible method or plan for the relocation of families and persons to be temporarily or permanently displaced from housing facilities in the Project Area; (i) (j) 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, if any, 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; There are no non - contiguous areas in the Project Area and therefore the City Council is not required to make the finding set forth in Health and Safety Code Section 33367(d)(9); (k) Inclusion within the Project Area 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 any such area included is necessary for effective redevelopment and is not included for the purpose of obtaining the allocation of tax increment revenues from such area pursuant to California Health and Safety Code Section 33670 of the Community Redevelopment Law without other substantial justification for its inclusion; (1) The elimination of blight and redevelopment of the Project Area cannot be reasonably expected to be accomplished by private enterprise acting alone without the aid and assistance of the Agency because of the high cost of improvements for drainage, circulation, and similar improvements and because of the significant retention of open space areas; and, (m) The use and effect of tax increment financing pursuant to Health and Safety Code Section 33670 will not cause a significant financial burden or detriment on any taxing agency deriving revenues from the Project Area. SECTION V. In order to implement and facilitate the effectuation of the Redevelopment Plan hereby approved and adopted, it is found and determined that certain official -6-- 4E1. actions must be taken by the City Council with reference to, among other things, the vacating and removal of the streets, alleys and other public ways, the establishment of new street patterns, the location and relocation of sewer and water mains and other public facilities, and other public action and, accordingly, the City Council hereby: (a) Declares its intention to undertake and complete any proceedings necessary to be carried out by the City of Cypress under the provisions of the Redevelopment Plan; and (b) Requests the various officials, department, boards, commissions and agencies of the City of Cypress having administrative responsibilities with respect to the Project likewise to cooperate to such end and to exercise their respective functions and powers in a manner consistent with the Redevelopment Plan. SECTION VI. The Council is satisfied permanent housing facilities will be available within three (3) years from the time occupants of the Project Area are displaced, if any, and that pending the development of such facilities, there will be available to such displaced occupants adequate temporary housing facilities at rents comparable to those in the City of Cypress at the time of their displacement. No persons or families of low and moderate income shall be displaced from residences 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 at the time of their displacement. Such housing unit shall be suitable to the needs of such displaced persons or families and must be decent, safe, sanitary and otherwise standard dwellings. The Agency shall not displace such person or family until such housing units are available and ready for occupancy. SECTION VII. The Council is convinced that the effect of tax - increment financing, pursuant to Health and Safety Code Section 33670, as provided for in Section 510 of the Redevelopment Plan and as described in the Report to the Council submitted to the Council in accordance with Health and Safety Code Section 33352, will not cause a significant financial burden or detriment to any taxing agency deriving revenues from the Project Area. SECTION VIII. 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 of the Redevelopment Plan. SECTION IX. The City Clerk is hereby directed to record within thirty (30) days from the adoption of this Ordinance with the County Recorder of Orange County a des- cription of the land within the Project Area and a statement that the proceedings for the redevelopment of the Project Area has been instituted under the California Redevelopment Law. The Agency is hereby directed to effectuate record- -7- ation in compliance with the provisions of Section 27295 of the Government Code to the extent applicable. SECTION X. 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 XI. The City Clerk is hereby directed to transmit a copy of the description and statement recorded by the City pursuant to Section VIII 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 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 XII. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance, and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases or portions thereof be declared invalid or unconstitutional. SECTION XIII. The City Clerk shall certify to the passage of this Ordinance and cause the same to be posted or published as required by law. FIRST READ at a regular meeting of the City Council of said City held on the llth day of June 1990, and finally adopted and ordered posted at an adjourned regular meeting held on the 18th day of June 1990. ATTEST: CITY CLERK 0. A OR OF THECITY OPCYPRESS CITY OF CYPRESS STATE OF CALIFORNIA ) COUNTY OF ORANGE SS I, DARRELL ESSEX, City Clerk of the City of Cypress, California, DO HEREBY CERTIFY that the foregoing Ordinance was duly adopted at an adjourned regular meeting of the said City Council held on the 18th day of June 1990; by the following roll call vote: AYES: 5 COUNCIL MEMBERS: Arnold, Bowman, Kanel, Kerry and Age NOES: 0 COUNCIL MEMBERS: None ABSENT: 0 COUNCIL MEMBERS: None CITY CLERK H ITY OF CYPRESS