Ordinance No. 692- 260
ORDINANCE NO. 692
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS
APPROVING AND ADOPTING A REDEVELOPMENT PLAN FOR THE
CIVIC CENTER PROJECT AREA AS THE OFFICIAL REDEVELOPMENT
PLAN FOR SAID PROJECT AREA.
WHEREAS, the Cypress Redevelopment Agency (the "Agency ") has formulated,
prepared, and approved a proposed Redevelopment Plan (the "Redevelopment Plan ")
for the Civic Center Project Area (the "Project Area ") and has recommended that
the City Council approve and adopt said Redevelopment Plan; and
WHEREAS, this City Council acting as the Planning Commission of the City
of Cypress has submitted its report and recommendation on the proposed Redevelop-
ment Plan finding that the proposed Redevelopment Plan is in conformity with the
General Plan of the City of Cypress; and
WHEREAS, the Agency has adopted Rules Governing Participation and Reentry
Preferences for Property Owners, Operators of Businesses, and Tenants within
the Project Area; and
WHEREAS, the Agency has adopted a Relocation Plan providing for the relo-
cation 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 to the City Council, which Report contains, among other things,
the Planning Commission's reports and recommendations, the Report of the County
Fiscal Officer and response thereto by the Agency, and a description of the
impacts of the proposed Redevelopment Plan on the Project Area; and
WHEREAS, the Agency has consulted with the property owners and businesses
within the Project Area and taxing agencies which levy taxes, or for which
taxes are levied, on property in the Project Area; and
WHEREAS, the Agency and this City Council have approved and adopted a
Final EIR for the proposed Redevelopment Plan and have certified as to their
review and consideration thereof in accordance with the California Environmental
Quality Act of 1970 and the State and local guidelines and regulations adopted
pursuant thereto; and
WHEREAS, a joint public hearing has been fully noticed and held by the
Agency and the City Council as required by law, all objections have been heard
and passed upon by this City Council, the Agency and Council have received
written and oral testimony concerning the proposed Redevelopment Plan and have
duly considered all thereof and the proceedings for the adoption of the
proposed Redevelopment Plan have been duly conducted and completed as provided
by law.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CYPRESS DOES HEREBY ORDAIN
AS FOLLOWS:
Section 1. 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 reentry
preferences to persons engaged in business within the Project Area to
participate in the redevelopment of said Project Area; to encourage and
ensure the development of said Project Area in the manner set forth in
the proposed Redevelopment Plan; and to provide for the relocation of
any residents, businesses, and nonprofit corporations, if any, displaced
by the effectuation of the proposed Redevelopment Plan.
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(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
said 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
redevelopment of the Project Area and by replanning, redesigning, or
developing portions of the Project Area which are stagnant or improperly
utilized because of the lack of adequate utilities and because of other
causes.
(f) To assist in the provision of housing for persons and families
of all income levels, including low and moderate income persons and
families in accordance with the proposed Redevelopment Plan and the needs
of the community.
Section 2. The proposed Redevelopment Plan is hereby approved, adopted, and
designated as the official Redevelopment Plan for the Civic Center Project Area,
and is 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 on file
with the City Clerk.
Section 3. The City Council hereby finds and determines that:
(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) economic dislocation, deterioration, or disuse resulting
from faulty planning;
(2) the subdividing and sale of lots of irregular form and
shape and inadequate size for proper usefulness and development;
(3) the laying out of lots in disregard of the contours and
other topography or physical characteristics of the ground and
surrounding conditions;
(4) the existence of inadequate public improvements, public
facilities, open spaces, and utilities which cannot be remedied
by private or governmental action without redevelopment;
(5) the prevalence of depreciated values, impaired investments
and social and economic maladjustment;
which conditions cause a reduction of, or lack of, proper utilization of
the area to such an extent that it constitutes a serious physical, social
or economic burden on the community which cannot reasonably be expected
to be reversed or alleviated by private enterprise acting alone.
(b) The Redevelopment Plan will redevelop the Project Area in confor-
mity with the Community Redevelopment Law of the State of California in
the interests of the public peace, health, safety, and welfare.
(c) The adoption and carrying out of the Redevelopment Plan is
economically sound and feasible.
(d) The Redevelopment Plan conforms to the General Plan of the City
of Cypress.
(e) 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.
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(f) 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.
(g) The Agency has a feasible method and plan for the relocation
of families and persons to be temporarily or permanently displaced from
housing facilities in the Project Area.
(h) 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 such displaced families and persons and reasonably
accessible to their places of employment.
(i) All noncontiguous areas of the Project Area are either blighted
or necessary for effective redevelopment and are not included for the
purpose of obtaining the allocation of taxes from such area pursuant to
Section 33670 without other substantial justification for their inclusion.
(j) The provision of housing pursuant to Health & Safety Code Section
33334.2(g) outside of the Project Area will be of benefit to said Project
Area.
(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; any such area included is necessary for effective
redevelopment and is not included for the purpose of obtaining the alloca-
tion of tax increment revenues from such area pursuant to Section 33670
of the Community Redevelopment Law without other substantial justification
for its inclusion.
(1) The elimination of blight and the 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.
Section 4. In order to implement and facilitate the effectuation of the
Redevelopment Plan hereby approved and adopted, it is found and determined that
certain official actions must be taken by the City Council with reference, among
other things, to changes in zoning, 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, departments, boards, commissions,
and agencies of the City of Cypress having administrative responsibilities
with respect to the Project Area likewise to cooperate to such end and to
exercise their respective functions and powers in a manner consistent
with the Redevelopment Plan.
Section 5. The City Council is satisfied permanent housing facilities
will be available within three (3) years from the time occupants of the Project
Area are displaced 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 dis-
placement. 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
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those at the time of their displacement. Such housing units 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 6. The City Council is convinced that the effect of tax increment
financing, as provided for in the Redevelopment Plan, will not cause a severe
financial burden or detriment to any taxing agency deriving revenues from the
Project Area.
Section 7. 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 pro-
visions of the Redevelopment Plan.
Section 8. 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 description of the land within the Project Area and a
statement that the proceedings for the redevelopment of the Project Area 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 possible.
Section 9. 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 10. The City Clerk is hereby directed to transmit a copy of the
description and statement recorded by the City 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 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 11. The City Clerk is hereby authorized and directed to certify
as to the passage of this Ordinance and to give notice thereof by causing
copies of this Ordinance to be posted in three public places throughout the
City.
FIRST READ at a regular meeting of the City Council of said City held on
the 12th day of July 1982, and finally adopted and ordered posted at an adjourned
regular meeting held on the 19th day of July 1982.
ATTEST:
CITY CLERK OF T CITY QF CYPRESS
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
MAYOR OF THE CITY OF CYPRESS
I, DARRELL ESSEX, City Clerk of the City of Cypress, DO HEREBY CERTIFY
that the foregoing Ordinance was duly adopted at an adjourned regular meeting
of the said City Council held on the 19th day of July 1982; by the following
roll call votes:
AYES: 4 COUNCIL MEMBERS: Lacayo, Partin, Rowan, and Mullen
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 1 COUNCIL MEMBERS: Coronado
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CITY CLERK F THE CITY OF CYPRESS