HomeMy Public PortalAbout96-1090 ORDINANCE NO. 96-1090
AN ORDINANCE OF THE CITY OF CARSON,
CALIFORNIA, APPROVING AND ADOPTING AN
AMENDMENT TO THE REDEVELOPMENT PLAN, AS
AMENDED, FOR PROJECT AREA NO. 1 OF THE CARSON
REDEVELOPMENT AGENCY
THE CITY COUNCIL OF THE CITY OF CARSON, CALIFORNIA,
DOES ORDAIN AS FOLLOWS:
Section 1 . The Carson Redevelopment Agency has
recommended the amendment of the Redevelopment Plan, as
previously amended for Project Area No. 1 (the "Redevelopment
Plan") by the City Council by ordinance to extend the time limit
for the commencement of eminent domain proceedings to acquire
property within the area added to Project Area No. 1 by Ordinance
No. 84-696, adopted on July 16, 1984 (the 111984 Amendment Area") .
The Amendment provides that the Agency shall not acquire by
eminent domain property in the 1984 Amendment Area on which a
person or persons reside, except if, pursuant to Section 9142 of
the Carson Municipal Code, such person or persons reside in a
caretaker' s or superintendent' s residence which is a minor. use
related to and incidental to the principal industrial use on the
same site. The Amendment does not apply to, and shall not
affect, the provisions of the Redevelopment Plan pertaining to
the territory included in the original boundaries of the Project
Area.
Section 2 . The Amendment entitled, "The 1996 Eminent
Domain Amendment to the Redevelopment Plan for the 1984 Amendment
Area of Redevelopment Project Area No. One" dated May, 1996 (the
"Amendment" ) which is on file in the office of the City Clerk, is
hereby incorporated by this reference.
Section 3 . As established in the Redevelopment Plan,
the purposes and intent of the City Council with respect to the
Project Area are to eliminate the conditions of blight existing
in the Project Area and to prevent their reoccurrence by under-
taking all appropriate redevelopment projects pursuant to the
Community Redevelopment Law, California Health and Safety Code
Section 33000, et sea. (the "Community Redevelopment Law") ,
including but not limited to, providing public infrastructure
improvements and community facilities, providing for the
rehabilitation of commercial structures and residential dwelling
units, encouraging employment opportunities, and providing, or
improving or preserving low and moderate income housing.
Section 4 . Based upon the record of the joint public
hearing on the Amendment and the various reports and other
information provided to the City Council in accordance with
Health and Safety Code Sections 33352 and 33457. 1, the City
Council hereby makes the following findings and determinations as
warranted by the Amendment :
Ordinance No. 96-1090
Page 2 of 5
A. The Redevelopment Plan, as amended by the
Amendment, would redevelop the Project Area in conformity with
the Community Redevelopment Law, and in the interests of the
public peace, health, safety and welfare. The implementation of
the Redevelopment Plan, as amended by the Amendment, will
eliminate conditions of blight within the Project Area. The
decisions by the City Council in connection with the adoption of
Ordinance No. 71-205, adopted on December 20, 1971 and Ordinance
No. 84-696, adopted on July 16, 1984, are final and conclusive
and after those dates it has been, is and shall be conclusively
presumed that the Project Area (including the territory included
in the original boundaries of the Project Area and the 1984
Amendment Area) is a blighted area. The Redevelopment Plan, as
amended by the Amendment, provides for the installation and
construction of public improvements. The Redevelopment Plan, as
amended by the Amendment, also provides for rehabilitation of
public and private structures. These improvements are essential
to encouraging private investment and eliminating the conditions
of blight in the Project Area and preventing their reoccurrence.
B. The carrying out of the Redevelopment Plan, as
amended by the Amendment, would promote the public peace, health,
safety and welfare of the City of Carson and would effectuate the
purposes and policy of the Community Redevelopment Law. The
implementation of the Redevelopment Plan, as amended by the
Amendment, will eliminate conditions of blight within the Project
Area. Redevelopment will correct underutilization of parcels,
nonconforming land uses and incompatible land uses. The
Redevelopment Plan, as amended by the Amendment, provides for the
installation and construction of public improvements. The
Redevelopment Plan, as amended by the Amendment, also provides
for the rehabilitation of public and private structures.
C. Except as provided in this Paragraph C, the
condemnation of real property 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. The
completion of the proposed public improvements may involve real
property acquisition. No real property will be condemned without
the payment of compensation as required by law. Further,
adequate moneys will be budgeted by the Agency for the acquisi-
tion of real property required by the implementation of the
Redevelopment Plan, as amended by the Amendment . Within the 1984
Amendment Area only, the Agency shall not acquire by eminent
domain property on which a person or persons reside, except if,
pursuant to Section 9142 of the Carson Municipal Code, such
person or persons reside in a caretaker' s or superintendent' s
residence which is a minor use related to and incidental to the
principal industrial use on the same site.
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Ordinance No. 96-1090
Page 3 of 5
D. In the event that it will be necessary to relocate
any families and persons as the result of the implementation of
the Redevelopment Plan, the Agency has a feasible method or plan
for the relocation of families and persons displaced from the
Project Area if the Redevelopment Plan may result in the
temporary or permanent displacement of any occupants of housing
facilities in the Project Area.
E. In the event that it will be necessary to
relocate any families and persons as the result of implementation
of the Redevelopment Plan, 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, if any, who may 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.
F. Families and persons shall not be displaced
prior to the adoption of a relocation plan pursuant to Sections
33411 and 33411. 1 of the Community Redevelopment Law. To the
extent required by the Community Redevelopment Law, 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 Sections 33334 .5, 33413 and
33413 .5 of the Community Redevelopment Law.
Section 5 . Based upon the record of the joint public
hearing held on the Amendment and the various reports and other
information provided to the City Council, the City Council is
satisfied that permanent housing facilities will be available
within three years from the time occupants of the Project Area
may be displaced and that pending the development of such
facilities, there will be available to such occupants who may be
displaced adequate temporary housing facilities at rents
comparable to those in the City of Carson at the time of their
displacement.
Section 6 . The Amendment is hereby approved and
adopted as and is hereby designated as an official amendment to
the Redevelopment Plan.
Section 7 . The Redevelopment Plan, as amended by the
Amendment, is hereby approved and adopted and is hereby
designated and shall constitute the official Redevelopment Plan,
As Amended, for Project Area No. 1.
Section 8 . Ordinance No. 71-205, as amended by
Ordinance No. 74-288, as amended by Ordinance No. 74-289, as .
amended by Ordinance No. 81-579, as amended by Ordinance No. 84-
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Ordinance No. 96-1090
Page 4 of 5
696, as amended by Ordinance No. 86-766, as amended by Ordinance
No. 94-1045, is hereby further amended to include all of the
provisions hereof and to revise the Redevelopment Plan in
accordance with the Amendment .
Section 9 . If any section, subsection, sentence,
clause or phrase of this Ordinance is for any reason held to be
invalid or unconstitutional by the decision of any court of com-
petent jurisdiction, such decision shall not affect the validity
of the remaining portions of the Ordinance. The City Council
hereby declares that it would have passed this Ordinance and each
section, subsection, sentence, clause and phrase thereof, irre-
spective of the fact that any one or more sections, subsections,
sentences, clauses or phrases be declared invalid or
unconstitutional .
Section 10 . The City Clerk is hereby authorized and
directed to certify to the passage of this Ordinance by the City
Council and shall cause it to be published as required by law.
PASSED, APPROVED AND ADOPTED this 4th day of
June 1996 .
Mayor Ac g)
ATTEST:
City Clerk
Approved as to form:
ssistant Cit Attorney
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Ordinance No. 96-1090
Page 5 of 5
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF CARSON )
I, Helen S. Kawagoe, City Clerk of the City of Carson, California, do hereby certify
that the whole number of members of the City Council of said City is five; that the foregoing
ordinance, being Ordinance No. 96-1090 passed first reading on May 21 , 1996,
was duly and regularly adopted by the City Council of said City at a regular meeting of said
Council, duly and regularly held on the 4th day of June , 1996, and that the same
was passed and adopted by the following roll call vote:
AYES: COUNCIL MEMBERS: Olaes, O'Neal, and Fajardo
NOES: COUNCIL MEMBERS: None
ABSTAIN: COUNCIL MEMBERS: Calas
ABSENT: COUNCIL MEMBERS: Mayor Mitoma
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Ci y Clerk, City of arson, r alifornia
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