Westminster Municipal Code Ch. 8.65 Westminster Redevelopment Plan

The purpose and intent of the city council with respect to the Westminster Commercial Redevelopment Project No. 1 is to:

A. Eliminate and prevent the spread of blighting influences including vacant and underutilized land, deteriorating buildings, inadequate water and drainage, and other environmental, economic and social deficiencies;

B. Provide the framework and infrastructure for restoring economic health to the Project area and its environs; and

C. Revitalize commercial and residential development within the Project area and the community.

(Ord. 1976, 1983)

The city council hereby designates the Redevelopment Plan for the Westminster Commercial Redevelopment Project No. 1 as the official redevelopment plan of the Project Area. References throughout this chapter to the "Redevelopment Plan" shall be deemed references to this specified plan and any amendments thereto.

(Ord. 2362 § 41, 2003)

The city council does hereby specifically find and determine that:

A. It is desirable and necessary to adopt the Redevelopment Plan to include the areas described with the Westminster Commercial Redevelopment Project No. 1 because the Project Area is a blighted area, the redevelopment of which is necessary to effectuate the public purposes declared in the Community Redevelopment Law. This finding is based on the fact that the area described, without the assistance of the redevelopment process, would remain stagnant and underutilized land with subdivision, land use and circulation problems and lack adequate public facilities, streets and utilities impeding effective development of the area. Redevelopment assistance in the form of land assembly and the provision of adequate public streets, utilities, and other public improvements will facilitate the development of said area, expand employment opportunities within the Project Area and the city as a whole, and establish appropriate commercial and residential land uses, as defined in the General Plan;

B. The Redevelopment Plan will enable the area described to be redeveloped in conformity with the Community Redevelopment Law and in the interest of the public peace, health, safety and welfare. This finding is based upon the fact that redevelopment will implement the objectives of the Community Redevelopment Law by aiding in the elimination and prevention of the spread of conditions of blight and deterioration in said area;

C. The adoption and carrying out of the Redevelopment Plan is economically sound and feasible. This finding is based upon the analysis in the Report of the Agency to the city council and the fact that under the Redevelopment Plan no public redevelopment activity will be undertaken unless the agency can demonstrate that it has adequate revenue to finance such activity;

D. The Redevelopment Plan conforms to the General Plan of the City. This finding is based upon the finding of the Planning Commission adopted on June 13, 1983, that the Redevelopment Plan conforms to the General Plan of the City of Westminster;

E. The carrying out of the Redevelopment Plan will promote the public peace, health, safety and welfare of the city and will effectuate the purposes and policy of the Community Redevelopment Law. This finding is based upon the fact that redevelopment will benefit the area described by correcting conditions of blight and by coordinating public and private actions to stimulate development and improve the economic, social and physical conditions of said area;

F. The condemnation of real property, as provided for in the Redevelopment Plan, may be necessary to the execution for the 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 insure that the provisions of the Redevelopment Plan will be carried out and to prevent the recurrence of blight. The agency shall attempt to use all other avenues of acquisition to implement the Redevelopment Plan prior to the use of eminent domain;

G. The agency has a feasible method and plan for the relocation of families and persons who might be displaced, temporarily or permanently, from housing facilities within the Project Area. This finding is based upon the comments regarding relocation contained in the Report of the Agency to the city council and upon the fact that the agency has adopted relocation assistance rules;

H. There are, or will be provided 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 such displaced families and persons, and reasonably accessible to their place of employment. This finding is based upon the comments regarding relocation contained in the Report of the Agency to the city council and upon the fact that no person or family will be required to move from any dwelling unit until suitable replacement housing is available;

I. The noncontiguous area of the Project, Sub-Area II, is necessary to provide an area for low and moderate income housing and to provide for the relocation of owners and tenants from Sub-Area I of the Project Area. This finding is based upon the need to provide such housing within the city and the lack of vacant land to fulfill this need other than that comprising Sub-Area II which will be predominately used for this purpose under the provisions of the Plan. It will also provide new housing and commercial development that may be used to meet relocation requirements;

J. The Project Area is blighted, and inclusion of all land within said area is necessary for effective redevelopment and is not being included for the purpose of obtaining the allocation of taxes from such area pursuant to Health and Safety Code § 33670, without other substantial justification for its inclusion. This finding is based upon the fact that the area and uses described within the Redevelopment Plan are characterized by the conditions, and require redevelopment for the reasons described in paragraphs A and K of this section;

K. Inclusion of any lands, buildings, or improvement which are not detrimental to the public health, safety, or welfare is necessary for the effective redevelopment of the entire area described within the Redevelopment Plan 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 Health and Safety Code § 33670, without other substantial justification for its inclusion. This finding is based upon the fact that the boundaries of the area described within the Westminster Commercial Redevelopment Project No. 1 were chosen as a unified and consistent whole to include commercially zoned lands that were predominately under blighting influences, and to include all improved public and privately owned properties within said area so that effective redevelopment can take place;

L. 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 agency. This finding is based upon the existence of blighting influences including the lack of adequate public facilities, and the inability of individual property owners to economically remove these blighting influences;

M. The Redevelopment Plan will afford maximum opportunity, consistent with the needs of the city as a whole, for the redevelopment of the Project Area by private enterprise.

(Ord. 1976, 1983)

The city council is satisfied that permanent housing facilities will be available within three years from the time occupants 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 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 persons or families at rents comparable to those at the time of the 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 any person or family until such housing units are available and ready for occupancy.

(Ord. 1976, 1983)

The city council is convinced that the effect of tax increment financing will not cause a severe financial burden or detriment to any taxing agency deriving revenues from the Project Area.

(Ord. 1976, 1983)

The city council, having considered all the evidence, including the Report of the Agency and the final Environmental Impact Report, hereby finds that the redevelopment of the Project Area may have a significant effect on the environment, but that the potential significant effects are mitigated and reduced to an acceptable level or avoided by the measures incorporated into the Redevelopment Plan. Such measures are in part the responsibility of the agency and in part the responsibility of the city, and such measures as are within the responsibility of each public entity can or will be adopted by said entity. These findings are supported by the following mitigation measures which are hereby found to be feasible and are made applicable to the proposed redevelopment of the Project Area:

A. Physical Characteristics. The proposed project will involve both the rehabilitation and, where necessary, the demolition of structures in the project area. The enforcement of the Uniform Building Code is the primary mitigation measure required to upgrade or remove older structures that predate modern building codes, especially any unreinforced masonry (i.e., high-risk) structures that may exist within the project area.

Comprehensive soils and substrata should be performed for the hotel proposed for Sub-Area II as well as for any other contemplated tall buildings;

B. Hydrology. Local drainage improvements will be required for the 4.26 acre senior citizen housing site, Westminster Shopping Center, and for Sub-Area II; these improvements are viewed as a positive project impact;

As Sub-Area II is located within an officially designated 100-year floodplain, future property owners in this area will be eligible for federal flood insurance. In lieu of such insurance, structures could be built with flood resistant designs in compliance with National Flood Insurance Program standards;

C. Cultural Resources. If any archaeological remains are discovered during the life of the project, an investigation will be conducted by a qualified consultant. An archaeological walk-over survey should be conducted for Sub-Area II by project proponents prior to any construction activities;

D. Traffic and Circulation. As traffic volumes begin to increase on Westminster Boulevard, street parking should be limited or prohibited to provide fewer obstructions to traffic flow. If traffic volumes warrant such action, the intersection of Westminster Boulevard and Goldenwest Street should be widened ten feet for a distance of 400 feet in each direction. This will provide an additional travel lane to alleviate the impact on the intersection. The west side of the intersection of Westminster Boulevard and Beach Boulevard should undergo the same treatment;

Additional right-of-way could be utilized to provide "bus bays" on Edwards Street, Goldenwest Street, Hoover Street, and Westminster Boulevard;

For the main entrance to the hotel on Beach Boulevard in Sub-Area II, a traffic signal should be provided at the discretion of CALTRANS;

The residential neighborhood fronting on Wells Road may be impacted by additional traffic, but this will be necessary to provide emergency vehicle access which does not exist now;

E. Air Quality. The following measures are offered to partially mitigate the impact of the project on air quality:

1. Prescribed watering techniques will be employed to partially mitigate the impact of construction generated particulates. Compliance with SCAQMD Rule 403 will assure that fugitive dust will not adversely impact surround land uses;

2. Energy conservation practices inherent in the design of new construction may have the secondary effect of limiting stationary source pollutants, both on and offsite;

F. Noise. A noise attenuation barrier, such as a wall or earthen berm/wall combination, could be incorporated into final project designs to reduce the ambient traffic noise impact on proposed residential properties adjacent to arterial streets. Such a barrier should also be constructed to provide noise attenuation for the senior citizen housing project near the Southern Pacific Railroad spur line. Based on noise levels determined by the HUD Noise Guidelines, a 20-foot barrier provided within the railroad right-of-way would reduce noise levels onsite by approximately 8 dBA; however, such construction is viewed as infeasible and undesirable from an aesthetic standpoint. A standard 8-foot wall could be placed on the site to provide ground level noise attenuation below the estimate 64 dBA, and building design should be incorporated to maintain 45 dBA interior noise standards. Grading and construction activities should not take place between the hours of 8 p.m. and 7 a.m., Monday through Saturday, or at any time on Sunday or national holidays;

G. Water Supply. Project area development will create additional demand for potable water. Mitigation measures for all new construction would include requiring water-conserving plumbing fixtures and toilets. Specific measures and conditions will be developed at the site planning stage;

H. Wastewater Service. The OCSD encourages the use of flow reduction measures so as to minimize impacts to the sanitary system. When specific development plans for Sub-Area II are formulated, impacts to the regional system will be determined;

I. Electrical. The exact availability of electric service to individual projects will be evaluated at the development proposal stage. However, these plans can incorporate design, architectural, and technological features which will aid in reducing total energy consumption of the project;

State law requires that new buildings meet minimum energy conservation standards and that new subdivisions of land take into account building and lot orientation so that exposures for passive and active solar heating devices are maximized. The city, through its Redevelopment Agency, can use these legal vehicles for ensuring that new buildings conserve energy to the maximum practical and feasible extent;

J. Aesthetic Considerations. Short term impacts, such as dust, smoke, and noise generation, will be monitored by the agency. These would also be partially mitigated by the use of newer construction vehicles designed to emit fewer contaminants and with better muffling systems;

No mitigation measures are proposed for long term aesthetic impacts since these will be beneficial in nature;

The city council acknowledges that additional supplemental environment reports may be prepared as specific properties are planned pursuant to the Redevelopment Plan;

With respect to any impact which cannot be fully mitigated or for which mitigation measures are outside the control of the agency of the city, the city council hereby finds that the benefits of the proposed Redevelopment Plan outweigh unavoidable environmental risks. The overriding benefits considered by the city council in making this finding are as follows:

1. Redevelopment of the Project Area as contemplated is in accordance with the General Plan of the City of Westminster;

2. Redevelopment of the Project Area will create additional employment opportunities and increase the property and sales tax base of the city;

3. Redevelopment of the Project Area will enhance the commercial vitality of the city, achieve the purposes set forth in Section 8.65.010, and provide needed senior citizen and low/moderate income housing in conformance with the city's share of regional housing goals;

4. The benefits of redevelopment of the Project Area outweigh the costs for total mitigation of unavoidable impacts.

(Ord. 1976, 1983)

Written objections to the proposed Redevelopment Plan filed with the city clerk before the hour set for hearing, and all oral objects presented to the council at the hearing having been considered, are hereby overruled.

(Ord. 1976, 1983)

The Redevelopment Plan for the Westminster Commercial Redevelopment Project No. 1 is hereby approved and adopted.

(Ord. 1976, 1983)

In order to implement and facilitate the effectuation of the Redevelopment Plan hereby approved, it may be necessary for the city council to take action with reference to, among other things, changes in zoning; the vacating and removal of 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 accordingly, the city council hereby:

A. Pledges its cooperation in helping carry out the Redevelopment Plan;

B. Requests the various officials, departments, boards, and agencies of the city having administrative responsibilities in the Project Area, likewise to cooperate to such end and to exercise their respective functions and powers in 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;

D. Declares its intention to undertake and complete any proceeding necessary to be carried out by the city under the provisions of the Redevelopment Plan.

(Ord. 1976, 1983)