Los Angeles County Municipal Code Part 8 West Altadena Community Redevelopment Project

That certain document entitled "Redevelopment Plan for the Los Angeles County West Altadena Community Redevelopment Project," the maps contained therein and such other reports as are incorporated therein by reference, having been duly

reviewed and considered, is hereby incorporated in this Part 8 by reference and made a part hereof, and as so incorporated is hereby designated, approved and adopted as the official "Redevelopment Plan for the Los Angeles County West Altadena Community Redevelopment Project."

(Ord. 86-0136 § 1 (part), 1986.)

The purpose and intent of the board with respect to the project area is to accomplish the following:

A.

To control unplanned growth by guiding new development to meet the needs of the community as reflected in the redevelopment plan;

B.

To retain by means of redevelopment and rehabilitation as many existing businesses as possible;

C.

To remove impediments of land assembly and development through acquisition and reparcelization of land into reasonably sized and shaped parcels served by an improved street system and improved public facilities;

D.

To improve environmental deficiencies;

E.

To encourage the cooperation and participation of owners, business persons, and public agencies in the revitalization of the area;

F.

To eliminate and prevent the spread of blight and deterioration and to conserve, rehabilitate, and redevelop the project area in accordance with the redevelopment plan;

G.

To achieve an environment reflecting a high level of concern for architectural, landscape and urban design principles appropriate to the objectives of the redevelopment plan;

H.

To promote the economic well-being of the project by encouraging the diversification of its commercial base and of employment opportunities;

I.

To provide opportunities for business park firms to locate their operations in an attractive, safe and economically sound environment in accordance with the redevelopment plan;

J.

To make provision for a pedestrian and vehicular circulation system which is coordinated with land uses and densities and adequate to accommodate traffic;

K.

To improve the visual environment of the community, and in particular to strengthen and enhance its image and identity;

L.

To develop safeguards against noise and pollution;

M.

To promote the development of local job opportunities;

N.

To coordinate the revitalization efforts in the project with other public economic development programs in the county;

O.

To provide for opportunities for minority business enterprises to remain, expand and participate in the redevelopment of the project area;

P.

To provide continuing opportunities for the West Altadena Project Area committee to advise the commission concerning private developments, rehabilitation activities, and the desired tenant mix in developments which may be assisted by the commission.

(Ord. 86-0136 § 1 (part), 1986.)

The board 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 California Community Redevelopment Law (Health and Safety Code Section 33000 et seq.). This finding is based upon the following conditions which characterize the project area:

The existence of unfit or unsafe buildings and structures due to age, obsolescence, faulty exterior spacing and mixed character, shifting of uses and abandonment;

The existence of properties which suffer from economic dislocation, deterioration and disuse because of inadequate public improvements, facilities and utilities, including inadequate and insufficient traffic circulation, parking, drainage, sidewalks, curbs, gutters, water distribution and sewers, and lots (parcels) of irregular form, shape and size and a prevalence of economic maladjustment which cannot be remedied with private or governmental action without redevelopment; and

A lack of proper utilization of property, resulting in a stagnant and unproductive condition of land potentially useful and valuable.

It is further found and determined that 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 county, 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 county and the state. This finding is based on the fact that governmental action available to the county 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 required to correct the blighting conditions are beyond the capacity of the county and cannot be undertaken or borne by private enterprise acting alone or in concert with available governmental action.

B.

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 redevelopment of the project area will implement the objectives of the Community Redevelopment Law by aiding in the elimination and correction of the conditions of blight, providing for planning, development, redesign, clearance, reconstruction or rehabilitation of properties which need improvement and providing for higher economic utilization of potentially useful land.

C.

The adoption and carrying out of the redevelopment plan is economically sound and feasible. This finding is based on the facts that under the redevelopment plan the commission will 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 tap increments generated by new investment in the project area; and that under the redevelopment plan no public redevelopment activity will be undertaken unless the commission can demonstrate that it has adequate revenue to finance the activity.

D.

The redevelopment plan conforms to the general plan of the county of Los Angeles. This finding is based on the finding of the planning commission that the redevelopment plan conforms to the general plan for the county of Los Angeles.

E.

The carrying out of the redevelopment plan will promote the public peace, health, safety and welfare of the county of Los Angeles and will effectuate the purposes and policy 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, social and physical conditions of the project area.

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 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.

G.

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. This finding is based upon the fact that the redevelopment plan provides for relocation assistance according to law.

H.

There are, or are being provided, within the West Altadena 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 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. 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.

I.

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 entire area of which they are a part, and any such area is not included 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. This finding is based upon the fact that the boundaries of the project area were chosen as a unified and consistent whole to include lands that were underutilized because of blighting influences, or affected by the existence of blighting influences, and land uses significantly contributing to the conditions of blight, whose inclusion is necessary to accomplish the objectives and benefits of the redevelopment plan.

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 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 and facilities, and the inability of individual developers to economically remove these blighting influences without substantial public assistance in providing adequate public improvements and facilities, the inability of low and moderate-income persons to finance needed improvements, and the inadequacy of other governmental programs and financing mechanisms to eliminate blight, including the provision of necessary public improvements and facilities.

K.

The redevelopment plan for the project area will afford the maximum opportunity, consistent with the sound needs of the county as a whole, for the redevelopment of such area by private enterprise.

L.

The redevelopment plan contains adequate safeguards so that the work of redevelopment will be carried out pursuant to the redevelopment plan, and it provides for the retention of controls and the establishment of restrictions and covenants running with the land sold or leased for private use for periods of time and under conditions specified in the redevelopment plan, which this board deems necessary to effectuate the purposes of the Community Redevelopment Law.

M.

The effect of tax increment financing will not cause a severe financial burden or detriment on any taxing agency deriving revenues from the project area. This finding is based upon the following facts:

Pursuant to Health and Safety Code Section 33676, any affected taxing agency may elect, and every school and community college district shall elect, to be allocated a portion of the tax revenues allocated to the commission and attributable to tax rate increase imposed for the benefit of such taxing agency or assessed value increases calculated pursuant to subdivision (f) of Section 110.1 of the Revenue and Taxation Code;

The tax revenues to be allocated to the commission from the project are a relatively small percentage of each affected taxing agency's total property tax revenue; and

The commission will make payments to affected taxing agencies which are necessary and appropriate to alleviate any financial burden or detriment caused to such taxing agencies by the project.

(Ord. 86-0136 § 1 (part), 1986.)

The board is satisfied that permanent housing facilities will be available within three 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 any such displaced occupants temporary housing facilities at rents comparable to those in the West Altadena area at the time of their displacement. No persons or families of low or moderate income shall be displaced from residences 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. 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 commission shall not displace any such persons or families until such housing units are available and ready for occupancy.

(Ord. 86-0136 § 1 (part), 1986.)

Written objections to the redevelopment plan filed with the executive officer-clerk before the hour set for hearing and all oral objections presented to the board at the hearing having been considered are hereby overruled.

(Ord. 86-0136 § 1 (part), 1986.)

In order to implement and facilitate the effectuation of the redevelopment plan hereby approved, this board hereby:

A.

Pledges its cooperation in helping to carry out the redevelopment plan;

B.

Requests 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 the 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 necessary to be carried out by the county under the provisions of the redevelopment plan.

(Ord. 86-0136 § 1 (part), 1986.)

If any part of the ordinance codified in this Part 8 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 the ordinance or of the redevelopment plan, and this board 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.

(Ord. 86-0136 § 1 (part), 1986.)

The mitigation measures identified in the board resolution, adopted on August 12, 1986, making findings as to the final environmental impact report/environmental assessment on the redevelopment plan are hereby incorporated into the proposed redevelopment of the project area.

(Ord. 86-0136 § 1 (part), 1986.)

The county's community development commission is authorized to establish or incur loans, advances or indebtedness for the Redevelopment Plan for the Los Angeles County West Altadena Community Redevelopment Project at any time during which such redevelopment plan is effective. Loans, advances, or indebtedness may be repaid over a period of time beyond such time limit.

(2004-0013 § 4, 2004: Ord. 94-0087 § 11, 1994.)

The Redevelopment Plan for West Altadena shall be effective to and terminate on August 12, 2027. After August 12, 2027, the County's Community Development Commission shall have no authority to act pursuant to the Redevelopment Plan for West Altadena except to pay previously incurred indebtedness and to enforce existing covenants, contracts, or other obligations.

(Ord. 2010-0019 § 7, 2010: Ord. 94-0087 § 12, 1994.)

Except as provided in subdivisions (g) and (h) of Health and Safety Code section 33333.6, or any successor statute of similar import, the County's Community Development Commission shall not pay indebtedness or receive property taxes pursuant to Health and Safety Code section 33670 after August 12, 2037.

(Ord. 2010-0019 § 8, 2010: Ord. 94-0087 § 13, 1994.)

The purpose and intent of the board with respect to Amendment No. 2 is to extend the use of eminent domain which is necessary for effective ongoing implementation of developments planned under the Redevelopment Plan for the Los Angeles County West Altadena Community Redevelopment Project to alleviate blight.

(Ord. 98-0044 § 1, 1998.)

A.

The Redevelopment Plan for the Los Angeles County West Altadena Community Redevelopment Project, as approved and adopted by Ordinance No. 86-0136, is hereby amended as set forth in Amendment No. 2 to the Redevelopment Plan for the West Altadena Community Redevelopment Project. As so amended, the redevelopment plan is incorporated in this chapter by reference and designated as the official Redevelopment Plan for the Los Angeles County West Altadena Community Redevelopment Project.

B.

The executive director of the commission is authorized to combine the redevelopment plan, as amended, into a single document, and the document, when filed with the executive officer-clerk of the board, shall constitute the official redevelopment plan in place of the document currently constituting the redevelopment plan.

(Ord. 98-0044 § 2, 1998.)

The board hereby finds and determines that:

A.

It is necessary and desirable to amend the redevelopment plan in the manner set forth in Amendment No. 2 incorporated by reference into Section 2.60.476 in order to continue to alleviate blight in the redevelopment project area and further implement the goals and objectives of the redevelopment plan. This finding is based on the fact that Amendment No. 2 will extend the use of eminent domain for 12 years to August 12, 2010.

B.

The redevelopment plan, as amended, will enable the project area to be redeveloped in conformity with the Community Redevelopment Law and in the interests of the public peace, health, safety and welfare. This finding is based on the fact that redevelopment of the project area, as contemplated by the redevelopment plan, as amended, will implement the objectives of the Community Redevelopment Law by aiding in the elimination and correction of the conditions of blight and deterioration in the project area, and will further the objectives of the redevelopment plan by facilitating the development of the project area.

C.

The adoption and carrying out of the redevelopment plan, as amended, is economically sound and feasible. This finding is based on the fact that Amendment No. 2 will not affect the existing method of financing of the project.

D.

The carrying out of the redevelopment plan, as amended, would promote the public peace, health, safety, and welfare of the community and would effectuate the purposes and policies of the Community Redevelopment Law. This finding is based on the fact that redevelopment, as contemplated by the redevelopment plan, as amended, will benefit the project area by facilitating the alleviation of blight and by coordinating public and private actions to stimulate development and improve the economic, social and physical conditions of the project area.

E.

The condemnation of real property, as provided for in the redevelopment plan, as amended, was and continues to be necessary to the execution of the redevelopment plan, as amended, and adequate provisions have been made for payment for property to be acquired 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.

F.

The commission 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. This finding is based upon the fact that the redevelopment plan provides for relocation assistance according to law.

G.

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 who might be 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. 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, and all applicable requirements of the Community Redevelopment Law are complied with.

(Ord. 98-0044 § 3, 1998.)

The board reaffirms its declaration set forth in Section 2.60.430 that it is satisfied that temporary and permanent housing facilities will be available in the manner and time frames previously declared in that section.

(Ord. 98-0044 § 4, 1998.)

Eminent domain proceedings, if used to acquire property within the project area, must be commenced by August 12, 2010.

(Ord. 98-0044 § 5, 1998.)