Loading...
HomeMy WebLinkAboutOrdinance #2578 ORDINANCE NO. 2578 AN ORDINANCE OF THE COUNCIL OF THE CITY OF f HUNTINGTON BEACH APPROVING AND ADOPTING A REDEVELOPMENT PLAN FOR THE MAIN-PIER REDEVELOPMENT PROJECT AREA AS THE OFFICIAL REDEVELOPMENT PLAN FOR SUCH PROJECT AREA THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH DOES HEREBY ORDAIN AS FOLLOWS: Section 1. The Redevelopment Agency of the City of Huntington Beach ("Agency") has prepared and approved a Redevelopment Plan for the Main-Pier Redevelopment Project Area ("Project Area") and has recommended that the City Council approve and adopt said Redevelopment Plan. The Planning Commission of the City of Huntington Beach and the Main-Pier Project Area Committee have submitted their reports and recommend approval of the proposed Redevelopment Plan. Section 2. The Agency has adopted rules governing participation and re-entry preferences for property owners, operators of businesses and tenants within the Project Area. Section 3: The Agency has adopted a Relocation Plan providing for the relocation 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. Section 4: The Agency has submitted the Redevelopment Plan for the Project Area and its report thereon to the City Council. Section 5: The Agency has consulted with 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 Section 6 : A joint public hearing has been duly 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 Redevelopment Plan for the Project Area, including expert testimony both written and oral on the blighting condition within the Project Area, the environmental effects of the proposed project and the financial feasibility of the proposed project. The Agency and City Council have duly considered all thereof and the aforesaid reports and recommendations, and all proceedings with respect to said Redevelopment Plan have been duly conducted and completed as provided by law. Section 7 : The Agency and this City Council have approved and adopted a Final EIR for the adoption of 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. Section 8: The purposes and intent of this City Council with respect to the Project Area are: (a) To eliminate the conditions of blight existing within the Project Area. (b) To prevent recurrence of blighting conditions within the Project Area. (c) To provide for participation by owners and tenants and for re-entry preferences to persons engaged in business within the Project Area to participate in the redevelopment of the Project Area; to encourage and ensure the development of the Project Area in the manner set forth in the Redevelopment Plan; and to provide for the relocation of any residents displaced by the effectuation of the Redevelopment Plan. (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 the Project Area and the general public. (e) To attract and facilitate new developments within the Project Area for purposes of increasing residential, commercial and recreational resources within the City of Huntington Beach and improving the City' s overall economy and environment. Section 9 : The Redevelopment Plan for the Project Area is on file with the City Clerk of this City and attached as Exhibit "A" , is hereby approved, adopted and designated as the official Redevelopment Plan for the Project Area, and is hereby incorporated herein by reference and made a part hereof as if fully set forth at length herein. Section 10: The City Council of the City of Huntington Beach 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: (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, if any, 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) The Project Area is either blighted or necessary for effective redevelopment and is not included for the purpose of obtaining the allocation of taxes from such areas pursuant to Section 33670 without other substantial justification for this inclusion. (j) Inclusion of any land, buildings, or improvements which are not detrimental to the public health, safety or welfare is necessary for the effective redevelopment of the Project Area; and 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, Section 33670, without other substantial justification for its inclusion. (k) 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. (1) The use of tax increment funds outside of the boundaries of the Project Area for the purpose of increasing and improving the community's supply of low- and moderate-income housing, as provided in Health and Safety Code Section 33334 .2, will be of benefit to the Project. Section 11: Permanent housing facilities will be available within three (3) years from the time occupants of the Project Area are displaced, if any, and 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 community at the time of their displacement. All other provisions of the Community Redevelopment Law with respect to relocation shall be fully complied with. Section 12: The City Council is convinced that 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. Section 13: The Redevelopment Plan for the Project Area provides for the expenditure of money by the City of Huntington Beach in carrying out the Redevelopment Plan, and authorizes the City to financially assist the Agency by way of loans, grants, or other financial support. The City Council hereby provides that such financial assistance to the Agency shall be made from time to (1) economic dislocation, deterioration, or disuse resulting from faulty planning; (2) the laying out of lots in disregard of the contours and other topography or physical characteristics of the ground and surrounding conditions; (3) the existence of inadequate public improvements, public facilities, open spaces, and utilities which cannot be remedied by private or governmental action without redevelopment; (4) the prevalence of depreciated values, impaired investments and social and economic maladjustment; (5) the existence of lots or other areas which are subject to being submerged by water; 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 for the Project Area will lead to the redevelopment of the area in conformity with the Community Redevelopment Law of the State of California and in the interests of the public peace, health, safety and welfare. (c) The adoption and carrying out of the Redevelopment Plan for the Project Area is economically sound and feasible. (d) The Redevelopment Plan for the Project Area conforms to the General Plan of the City of Huntington Beach. (e) The carrying out of the Redevelopment Plan for the Project Area will promote the public peace, health, safety and welfare of the community and will effectuate the purposes and policies of the Community Redevelopment Law of the State of California. (f) The condemnation of real property, as provided for in the Redevelopment Plan for the Project Area, 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 Redevelopment Agency of the City of Huntington Beach has a feasible method or plan for the relocation of families and persons displaced from the Project Area if the Redevelopment Plan results in the temporary or permanent displacement of any occupants of housing facilities in the Project Area. time as the City Council shall determine to be necessary, and that all such financial assistance shall be deemed to be loans to the Agency, which shall bear a reasonable interest rate until repaid, unless the City Council shall provide in specific cases that such assistance shall be treated otherwise than as a loan. Section 14: The City Council hereby declares its intention to undertake and complete any proceedings necessary to be carried out by the City of Huntington Beach under the provisions of the Redevelopment Plan for the Project Area, and directs that all City departments, commissions and officers cooperate with the Agency in carrying out the provisions of the Redevelopment Plan, and to exercise their respective functions and powers in a manner consistent with the Redevelopment Plan. Section 15: Upon the filing of this Ordinance adopting the Redevelopment Plan for the Project Area with the City Clerk, the City Clerk is hereby directed to send a certified copy of this Ordinance to the Redevelopment Agency of the City of Huntington Beach, and said Agency is vested with the responsibility for carrying out the Redevelopment Plan for the Project Area. Section 16: The City Development Services Department is hereby directed, for a period of two years after the effective date of this Ordinance, to advise all applicants for building permits in 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 17: The City Clerk is hereby directed to record with the County Recorder of Orange County a description of the land within the Project Area and a statement that proceedings for the redevelopment of the Project Area have been instituted under the Community Redevelopment Law of the State of California. Additional recordation of documents may be effected pursuant to Section 27295 of the Government Code of the State of California. Section 18: The City Clerk is hereby directed to transmit a copy of the description and statement recorded pursuant to section 33373 of the Health and Safety Code of the State of California, a copy of this Ordinance, and a map or plot plan indicating the boundaries of the Project Area, to the Auditor and Tax Assessor of the County of Orange; to the officer or officers performing the functions of Auditor or Assessor for any taxing agencies which, in levying or collecting its taxes, do not use the County Assessment Roll or do not collect its taxes through the 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. Such documents shall be transmitted as promptly as practicable following the adoption of this Ordinance, but in any event such documents shall be transmitted within 30 days following the adoption of the Redevelopment Plan for the Project Area. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 20th day of September 1982 . ATTEST: City Clerk Mayor APPROVED AS TO FORM: INITIATED AND APPROVED AS TO CONTENT: a City Attorney Director, Business & Industrial Enterprise APPROVED: APPROVED AS TO FORM AND CONTENT: STRADLING, YOCCA, CARLSON & RAUTH City Adm� strato BY: TOM CLARK Special Redevelopment Counsel Ord. No. 2578 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, ALICIA M. WENTWORTH, the duly elected, qualified City Clerk of the City of Huntington Beach and ex-officio Clerk of the City Council of the said City, do hereby certify that the whole number of member$ of the City Council of the City of Huntington Beach is seven; that the foregoing ordinance was read to said City Council at a regular meeting thereof held on the 7th day of September 19 82, and was again read to said City Council at a regular meeting thereof held on the 20th day of September 19 82 and was passed and adopted by the affirmative vote of more than a majority of all the members of said City Council. AYES: Councilmen: MacAllister, Mandic, Finley, Bailey, Kelly NOES: Councilmen: None ABSENT: Councilmen: Pattinson, Thomas City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California %. is M. Wentworth CITY CLERK of the City of ttntingt.'n Beach and ex•offi6o Clerk of the City ci.,do hereby certify that a synopsis of this zenance ,ias been published in the Huntington 3d 191y ft aactWance w!:h the City ChartL?r of said City. City Clerk ...... .. ..................................... Deputy City Clerk