Los Angeles County Municipal Code Part 11 Whiteside Redevelopment Project

The purposes and intent of the Board of Supervisors with respect to the area located within the unincorporated territory of the County of Los Angeles, known as the Whiteside area ("Project Area") as designated in the Redevelopment Plan ("Plan") for the Whiteside Redevelopment Project ("Project"), are to eliminate the conditions of blight, as defined by the California Redevelopment Law ("CRL") (Health and Safety Code section 33000, et seq.), existing in the Project Area and to prevent the recurrence of deteriorating conditions in the Project Area. The Board of Supervisors proposes to eliminate such conditions and prevent their recurrence by providing, pursuant to the Plan, for the planning, development, replanning, redesign, redevelopment, reconstruction, and rehabilitation of the Project Area; and by providing for such facilities as may be appropriate or necessary in the interest of the general welfare, in accordance with the General Plan of the County of Los Angeles ("General Plan") and other planning documents promulgated pursuant thereto as may be adopted or amended from time to time. The Board of Supervisors proposes to:

A.

Encourage the redevelopment of the Project Area subject to and consistent with the General Plan and/or specific development plans as may be adopted from time to time through the cooperation of private enterprise and public agencies;

B.

Enhance the long-term economic well-being of the Project Area;

C.

Provide public infrastructure improvements and community facilities, such as the installation, construction, and/or reconstruction of streets, utilities, public buildings and facilities, storm drains, utility undergrounding, street lighting, landscaping, and other improvements which are necessary for the effective redevelopment of the Project Area;

D.

Provide for participation in the redevelopment of property in the Project Area, where feasible, by owners who agree to so participate in conformity with the Plan;

E.

Encourage joint and cooperative efforts among property owners, businesses, and public agencies to achieve desirable economic development goals and programs and to reduce or eliminate deteriorating conditions;

F.

Increase, improve, and preserve the community's supply of affordable housing within and outside of the Project Area; and

G.

Acquire real property.

These actions will assist in the elimination of conditions of blight in the Project Area through necessary means and will prevent their reoccurrence through the undertaking of all appropriate redevelopment projects and programs outlined in the Plan and pursuant to the CRL.

(Ord. 2006-0075 § 1 (part), 2006.)

Based on the evidence in the record, including, but not limited to, the Report of the Community Development Commission of the County of Los Angeles ("Commission") to the Board of Supervisors on the Plan ("Report to the Board of Supervisors") prepared in accordance with Health and Safety Code section 33352, and all documents referenced therein, and evidence and testimony received at the joint public hearing on adoption of the Plan, the Board of Supervisors hereby makes the following findings and determinations:

A.

The Project Area is a blighted area, the redevelopment of which is necessary to effectuate the public purposes declared in the CRL. This finding is based on the following facts, as more particularly set forth in the Report to the Board of Supervisors. Portions of the Project Area are characterized by buildings in which it is unsafe or unhealthy to live or work due to the fact they are deteriorated or dilapidated and/or they exhibit defective design or physical construction characteristics. The Project Area exhibits factors that prevent or substantially hinder the economically viable use or capacity of buildings or lots, including advanced building age, parking deficiencies, poor site conditions, and site deficiencies; and commercial and industrial buildings that are inadequate in size compared to contemporary standards, and that are located on lots that are of irregular shape and inadequate size and in multiple ownership. The Project Area contains incompatible land uses, primarily industrial uses located adjacent to residential uses, that negatively affect the economic use of the adjacent and surrounding properties. Portions of the Project Area display economic maladjustment evidenced by stagnant property values and impaired investments evidenced by low residential, commercial, and industrial property sales and abnormally low lease rates. The Project Area also exhibits residential overcrowding and a lack of necessary commercial facilities to serve the community. The Project Area has a high crime rate that constitutes a threat to the public safety and welfare. In addition, portions of the Project Area include significant infrastructure deficiencies which impede the private sector's ability to develop and rehabilitate the area. These significant blighting conditions constitute a serious physical and economic burden on the County which cannot reasonably be expected to be reversed or alleviated by private enterprise or governmental action, or both, without redevelopment.

B.

The Plan will assist in the redevelopment of the Project Area in conformity with the CRL and in the interests of the public peace, health, safety, and welfare. This finding is based upon the fact that the purposes of the CRL would be attained by implementing the Plan to eliminate conditions of blight in the Project Area and to prevent their reoccurrence through the implementation of the Commission's on-going projects and programs in conjunction with other agencies' public and private projects and programs.

C.

The adoption and carrying out of the Plan is economically sound and feasible. This finding is based on the fact that under the Plan the Commission will be authorized to seek and utilize a variety of potential financing resources, including property tax increment revenues; that the nature and timing of public redevelopment assistance within the Project Area will continue to depend upon the amount and availability of such financing resources, including tax increment generated by new investment in the Project Area; that under the Plan no public redevelopment activity can be undertaken unless the Commission can demonstrate that it has adequate revenue to finance the activity; and, that the financing plan included within the Report to the Board of Supervisors demonstrates that sufficient financial resources will be available to carry out the implementation of the Plan. The Plan will allow flexibility within the Project Area to address the most pressing needs and to respond to market forces more effectively. The Plan is consistent with the General Plan, including, but not limited to, the Housing Element of the

General Plan, which General Plan substantially complies with the requirements of Article 10.6 (commencing with section 65580) of Chapter 3 of Division 1 of Title 7 of the Government Code. This finding is based upon the General Plan and the findings of the Regional Planning Commission of the County of Los Angeles ("Planning Commission") that the Plan conforms to the General Plan as set forth in its resolution adopted in 2005.

D.

The carrying out of the Plan would promote the public peace, health, safety, and welfare of the County and would effectuate the purposes and policies of the CRL. This finding is based on the fact that redevelopment will benefit the Project Area as a whole 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.

E.

The condemnation of real property within the Project Area, as described in the Plan, may be necessary for the overall execution of the Plan, and adequate provisions have been made for payment for property to be acquired as provided by law. This finding is based upon the facts set forth in the Plan and the Report to the Board of Supervisors, in particular, that without limited eminent domain authority, the Commission's redevelopment efforts may be impaired. The Plan authorizes the Commission to use eminent domain within the Project Area to acquire properties, but does not authorize the Commission to use eminent domain to acquire any properties on which any person resides. This finding is further based on the fact that in connection with the acquisition of property by the Commission, the Commission will comply with all applicable provisions of the California Eminent Domain Law (Code of Civil Procedure section 1230.010 et seq.) and the California Relocation and Real Property Acquisition Law (Government Code section 7260 et seq.), including provisions requiring the payment of just compensation.

F.

The Commission 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. The Commission also has a feasible method and plan for relocation of businesses. This finding is based upon the fact that the Commission has prepared a method and plan for relocation of families, persons, and businesses that may be displaced by Commission projects. The relocation plan prepared for the Project Area as outlined in the Report to the Board of Supervisors provides for relocation assistance, including relocation payments, within the Project Area and such assistance constitutes a feasible method for relocation under state and federal law.

G.

There are, or shall be 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 who might be displaced from the Project Area, decent, safe, and sanitary dwellings. The number of such dwellings to be provided shall be equal in number to the number of such displaced families and persons and shall be available to such displaced families and persons and reasonably accessible to their places of employment. Families and persons shall not be displaced prior to the adoption of a relocation plan pursuant to Health and Safety Code sections 33411 and 33411.1. Dwelling units housing persons and families of low or moderate income shall not be removed or destroyed prior to the adoption of a replacement housing plan pursuant to Health and Safety Code sections 33334.5, 33413, and 33413.5. The above findings are based on the provisions of the Plan which require that no families and persons of low and moderate income shall be displaced until there is a suitable housing unit available and ready for occupancy by such displaced families or persons at rents comparable to those at the time of their displacement, and that dwelling units housing persons and families of low or moderate income shall not be removed or destroyed prior to the adoption of a replacement housing plan pursuant to Health and Safety Code sections 33334.5, 33413, and 33413.5.

H.

The finding and determination required by Health and Safety Code section 33367(d)(9) is not warranted for the Plan because the Project Area does not contain any noncontiguous areas.

I.

Inclusion of areas containing lands, buildings, or improvements which are not in a condition that is detrimental to the public health, safety, or welfare is necessary for the effective redevelopment of the entire area of which they are a part. Any such area included is necessary for effective redevelopment and is not included solely for the purpose of obtaining the allocation of tax increment revenues from such area pursuant to Health and Safety Code section 33670 without other substantial justification for its inclusion. This finding is based upon the fact that all properties within Project Area boundaries were included because they were under-utilized due to blighting influences, were affected by the existence of blighting influences, or were necessary to accomplish the objectives and benefits of the Plan. Such properties will share in the benefits of the Project.

J.

The elimination of blight and the redevelopment of the Project Area could not reasonably be expected to be accomplished by private enterprise acting alone, or by governmental action, or both, without the aid and assistance of the Commission. This finding is based upon the existence of blighting influences, including the lack of adequate public improvements, as identified in the Report to the Board of Supervisors; the inability of individual developers to economically remove these blighting influences without public assistance to acquire and assemble sites for development; and, the inadequacy of other governmental programs and financing mechanisms to eliminate blight, including the provision of necessary public improvements, facilities, and utilities.

K.

The Project Area is a predominantly urbanized area as defined by subdivision (b) of Health and Safety Code section 33320.1. This finding is based upon the facts, as more particularly set forth in the Report to the Board of Supervisors, that 100 percent of the land in the Project Area is an integral part of an area developed for urban uses, and that land in the Project Area has previously been or is developed for urban uses.

L.

The time limitations contained in the Plan are reasonably related to the proposed projects and programs to be implemented in the Project Area and the ability of the Commission to eliminate significant blighting conditions within the Project Area. This finding is based upon the fact that redevelopment depends, in large part, upon private market forces beyond the control of the Commission as more particularly set forth in the Report to the Board of Supervisors. Shorter time limitations would impair the Commission's ability to be flexible and respond to market conditions as and when appropriate, and would impair the Commission's ability to maintain development standards and controls over a period of time sufficient to assure area stabilization. Also, shorter time limitations would limit the revenue sources and financing capacity necessary to carry out proposed projects and programs in the Project Area.

(Ord. 2006-0075 § 1 (part), 2006.)

The Board of Supervisors is satisfied that permanent housing facilities will be available within three years from the time residential occupants of the Project Area, if any, are displaced, and that pending the development of such facilities, there will be available to any such displaced residential occupants adequate temporary housing facilities at rents comparable to those in the County at the time of their displacement. This finding is based upon the provisions of the Plan that no persons or families of low and moderate income shall be displaced from residences unless and until there are suitable housing units available and ready for occupancy by such displaced persons or families at rents comparable to 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.

(Ord. 2006-0075 § 1 (part), 2006.)

All written objections to the Plan filed with the Executive Officer - Clerk of the Board of Supervisors before the hour set for the joint public hearing on the Plan, and all written and oral objections presented to the Board of Supervisors at the joint public hearing have been considered, and all written objections received from Project Area property owners, occupants, and affected taxing agencies have been responded to in writing. All such written and oral objections are hereby overruled.

(Ord. 2006-0075 § 1 (part), 2006.)

The Final Environmental Impact Report ("EIR") for the Plan, a copy of which is on file in the Commission's Office and in the Office of the Executive Officer - Clerk of the Board of Supervisors, contains feasible and reasonable mitigation measures. All such mitigation measures identified in the EIR shall be incorporated into the proposed redevelopment projects within the Project Area.

(Ord. 2006-0075 § 1 (part), 2006.)

The Redevelopment Plan for the Whiteside Redevelopment Project, including the Project Area map contained therein, and such other reports as are incorporated therein by reference, a copy of which is on file in the Commission's Office and the Office of the Executive Officer - Clerk of the Board of Supervisors, having been duly reviewed and considered is incorporated herein by reference and made a part hereof, and as so incorporated the Plan is hereby designated, approved, and adopted as the official Redevelopment Plan for the Whiteside Redevelopment Project.

(Ord. 2006-0075 § 1 (part), 2006.)

After the effective date of this Ordinance adopting the Plan, and after a City of Los Angeles ordinance becomes effective amending the Redevelopment Plan for the Adelante Eastside Redevelopment Project Area and merging the Adelante Eastside Redevelopment Project Area with the Whiteside Redevelopment Project Area, the Whiteside Redevelopment Project Area will be merged immediately with the Adelante Eastside Redevelopment Project Area. The boundaries of the Adelante Eastside Redevelopment Project Area are described in the Plan, Attachment No. 5, and shown by a diagram (map) in the Plan, Attachment No. 6, per Health and Safety Code section 33333. Combined, the legal description prepared for the Project Area (Attachment No. 1 of the Plan) and the legal description for the Adelante Eastside Redevelopment Project Area (Attachment No. 5 of the Plan) constitute the legal description for the merged redevelopment projects areas.

(Ord. 2006-0075 § 1 (part), 2006.)

In order to implement and facilitate the effectuation of the Plan hereby approved, it may be necessary for the Board of Supervisors to take certain actions, and accordingly, the Board of Supervisors hereby: (a) pledges its cooperation in helping to carry out the Plan; (b) authorizes and directs the various officials, departments, boards, and agencies of the County 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 Plan; and (d) declares its intention to undertake and complete any proceeding necessary to be carried out by the County under the provisions of the Plan.

(Ord. 2006-0075 § 1 (part), 2006.)

If any part of this Ordinance or the Plan which it approves is held to be invalid for any reason, such decision shall not affect the validity of the remaining portions of this Ordinance or of the Plan, and the Board of Supervisors hereby declares that it would have passed the remainder of this Ordinance, or approved the remainder of the Plan, if such invalid portion thereof had been deleted.

(Ord. 2006-0075 § 1 (part), 2006.)