HomeMy WebLinkAboutOrdinance #2634 ORDINANCE NO. 2634
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
HUNTINGTON BEACH APPROVING AND ADOPTING A REDEVELOP-
MENT PLAN AMENDMENT FOR THE MAIN-PIER REDEVELOPMENT
PROJECT PLAN AMENDMENT NO. 1 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 an amendment to the Redevelopment Plan ("Redevelopment Plan")
for the Main-Pier Redevelopment Project Plan Amendment No 1 ("Project Area") approved
by Ordinance No. 2578 of the City Council ; which amendment would add new territory to
the boundaries of the Project Area and modify certain financing limitations set forth
in the Redevelooment Plan, and has recommended that the City Council approve and adopt
said Redevelopment Plan Amendment. The Planning Commission of the City of Huntington
Beach and the Main-Pier Project Area Committee have submitted their reports and recom-
mend approval of the Proposed Redevelopment Plan Amendment.
Section 2: The Agency has adopted rules governing participation and re-entry
preferences for property owners, operators of businesses and tenants within the Amended
Project Area.
Section 3: , The Agency has adopted_ a Relocation Plan providing for the relocation
of persons, families and businesses from the Amended 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 Amendment 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 Amended Project Area and taxing agencies which levy taxes, or for which taxes are
levied, on property in the Amended 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 Amendment for the Project Area, including expert
testimony both written and oral on the blighting condition within the Amended 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 Amendment have been duly conducted and completed as provided by law.
This City Council finds it necessary and desirable to amend the Redevelopment Plan in
accordance with this ordinance.
Section 7: The Agency and this City Council have approved and adopted a Negative
Declaration and Findings of Previous Environmental Impact Report and Negative Declarations
for the adoption of the proposed Redevelopment Plan Amendment 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.
r
Section 8 The purposes and intent of this City Council with respect to the
Amende -Project are:
a) To eliminate the conditions of blight existing within the Amended Project
Area.
b) To prevent recurrence of blighting conditions within the Amended Project
Area.
c) To provide for participation by owners and tenants and for re-entry pre-
ferences to persons engaged in business within the Amended Project Area to
participate in the redevelopment of the Amended Project Area; to encourage and
ensure the development of the Amended Project Area in the manner set forth in the
Redevelopment Plan Amendment; and to provide for the relocation of any residents
displaced by the effectuation of the Redevelopment Plan Amendment.
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 environ-
ment in the Amended Project Area to the benefit of the Amended Project Area and
the general public.
e) To attract and facilitate new developments within the Amended 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 as amended .pursuant to the Amendment for Main-
Pier Redevelopment Project Plan Amendment No. l Project Area is on file with the City
Clerk of this City and attached as Exhibit "A", is hereby approved, adopted and desig-
nated as the official Redevelopment Plan Amendment 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 Amended Project Area is a blighted area, the redevelopment of which is
necessary to effectuate the public purposes declared in the Community Redevelop-
ment Law of the State of California and, specifically, that the Amended Project
Area is characterized by properties which suffer from economicdislocation, de-
terioration or disuse because of one or more of the following factors:
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 Amendment for the Project Area will lead to the re-
development 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 Amendment for the
Project Area is economically sound and feasible.
d) The Redevelopment Plan Amendment for the Project Area conforms to the General
Plan of the City of Huntington Beach.
e) The carrying out of the Redevelopment Plan Amendment 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
Amendment for the Project Area, is necessary to the execution of the Redevelopment
Plan Amendment and adequate provisions have been made for paymentfor 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 Amended
Project Area if the Redevelopment Plan Amendment results in the temporary or per-
manent displacement of any occupants of housing facilities in the Amended Project
Area.
h) There are or are being provided in the Amended Project Area or in other areas
not generally less desirable in regard to public utilities and public and com-
mercial facilities, and at rents or prices within the financial means of the
families and persons displaced, if any, from the Amended 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 Amended 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 redevelop-
ment of the Amended Project Area; and such area included is necessary for effec-
tive 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.
Q The elimination of blight and the redevelopment of the Amended 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.
m) All non-contiguous areas of the Amended Project Area are either blighted
or necessary for effective redevelopment and are not included for the purpose
of obtaining the allocation of taxes from such areas, pursuant to Health and
Safety Code Section 33670, without other substantial justification for their
inclusion.
Section 11: Permanent housing facilities will be available within three (3)
years from the time occupants of the Amended Project Area are displaced, if any,
and pending the development of such facilities there will be available to such dis-
placed 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 Amended Project Area.
Section 13: The Redevelopment Plan Amendment for the Project Area provides for
the expenditure of money by the City of Huntington Beach in carrying out the
Redevelopment Plan Amendment 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-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 assis-
tance shall be treated otherwise than as a loan.
Section 14: The City Council hereby declares its intention to undertake and
complete any oroceedings necessary to be carried out by the City of Huntington Beach
under the provisions of the Redevelopment Plan Amendment 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 Amendment and to exercise
their respective functions and powers in a manner consistent with the Redevelopment
Plan Amendment.
Section 15: Upon the filing -of.this Ordinance adopting the Redevelopment Plan
Amendment 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 Amendment 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 appli-
cants for building permits in the Amended Project Area that the site for which a
building permit is sought for the construction of buildings or for other improvements
is within an amended 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 Amended Project Areaand a state-
ment that proceedings for the redevelopment of the Amended Project Area have been in-
stituted 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 Amended 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
Amendment 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 6th day of September 1983.
ATTEST:
City Clerk Mayor
APPROVED AS TO FORM: INITIATED AND APPROVED AS TO CONTENT:
ity Aptorney Direc or, Business & Industrial Enterprise
APPROVED: APPROVED AS TO FORM AND CONTENT:
STRADLING, YOCCA, CARLSON & RAUTH
ti
City Administrator By: o lark, e is Redevelopment Counsel
Ord. No. 2634
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 members 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 18th day of July
19 83 , and was again read to said City Council at a regular
meeting thereof held on the 6th day of September 19 83 and
was passed and adopted by the affirmative vote of more than a majority of
all the members of said City Council.
AYES: Councilmen:
Pattinson, Kelly, MacAllister, Bailey
NOES: Councilmen:
Finley
ABSENT: Councilmen:
Thomas, Mandic
City Clerk and ex-officio Clerk
of the City Council of the City
of Huntington Beach, California
1, Alicia M. Wentworth CITY CLERK of the City of
Huntingtwn Beach and ex-officio Clerk of the City
Council, do hereby certify that a synopsis of this
ordinance "gas been published in the Huntington
Beach lni:ependevt un
_9-/s- ....- 19.F-3....
.
in accor.:ance xi h the C?ty Chartc•:of said City.
ALICIA M. WENTWORTHH.........................................
City Clerk
... . ..
Deputy City Clerk
Exhibit A of
Ordinance No. 2634
REDEVELOPMENT PLAN
FOR THE
MAIN-PIER REDEVELOPMENT PROJECT
(INCLUDING AMENDMENT NO. 1)
HUNTINGTON BEACH, CALIFORNIA
September, 1983
TABLE OF CONTENTS
Section Page
1.0 INTRODUCTION
1.1 Introduction to the Redevelopment Plan 1
1.2 General Definitions 1
1.3 Project Area Boundaries
1.4 Administration and Enforcement of the Plan 2
1.5 Duration of Plan 2
1.6 Procedure for Amending Plan 2
2.0 REDEVELOPMENT OBJECTIVES AND PROPOSED ACTIONS 2
2.1 General Objectives of Redevelopment Plan 2
2.2 Participation of Owners and Tenants 4
2.3 Rehabilitation and Conservation of Structures 5
2.3.1 Rehabilitation of Structures 5
2.3.2 Moving of Structures 6
2.4 Acquisition of Property 6
2.5 Relocation Assistance to Displaced Residential 7
and Nonresidential Occupants
2.6 Demolition, Clearance, Public Improvements 7
and Site Preparation
2.7 Disposition and Redevelopment of Agency 9
Property for Uses in Accordance with this Plan
3.0 REDEVELOPMENT PLAN IMPLEMENTATION 10
3.1 Cooperation with City 10
3.2 Cooperation with Other Public Jurisdictions 11
3.3 Land Uses for the Project Area 12
3.4 General Development Standards and Requirements 12
3.5 Methods for Project Financing 16
3.5.1 General Description of the Proposed 16
Financing Method
3.5.2 Tax Increments 16
3.5.3 Issuance of Bonds and Notes 17
3.5.4 Loans and Grants 18
3.5.5 Relief of Financial Burdens 18
3.5.6 Financing Limitations 18
List of Exhibits
II A. Redevelopment Project Area Map 20
B. Redevelopment Project Area Legal Description 22
1.0 INTRODUCTION
1.1 Introduction to the Redevelopment Plan
Prepared by the Huntington Beach Redevelopment Agency, this
Redevelopment Plan is for the Main-Pier Redevelopment Project in the City
of Huntington Beach. This Redevelopment Plan has been prepared pursuant
to the California Community Redevelopment Law of the State of California,
Health and Safety Code, Section 33000 et seq., the California Constitution
and all applicable local laws and ordinances.
The proposed redevelopment of the Main-Pier Redevelopment Project Area
as described in this Plan conforms to the General Plan for the City of
Huntington Beach adopted by the City Council and as thereafter amended.
This Proposed Redevelopment Plan is based on a Preliminary Redevelopment
Plan approved by the Planning Commission on April 20, 1982 and on
January 18, 1983.
1.2 General Definitions
The following definitions will govern in the context of this Redevelopment
Plan unless otherwise indicated in the text.
"Agency" means Huntington Beach Redevelopment Agency, Huntington
Beach, California or any successor in interest (e.g., C.D.C.).
"City" means the City of Huntington Beach, California.
"City Council" means the City Council of the City of Huntington Beach,
California.
"County" means the County of Orange, California.
"Legal Description" means a description of the land within the Project Area
prepared in accordance with map specifications approved by the California
State Board of Equalization and attached hereto as Exhibit "B".
"Map" means the Redevelopment Plan Map for the Main-Pier Redevelopment
Project, attached hereto as Exhibit "A".
"Person" means any individual, or any public or private entity.
"Plan" means the Redevelopment Plan for the Main-Pier Redevelopment
Project in the City of Huntington Beach, California.
"Planning Commission" means the City Planning Commission of the City of
Huntington Beach, California.
"Project" means any undertaking of the Agency pursuant to the
Redevelopment Law, and this Plan, or any amendments thereto.
"Project Area" means the area included within the boundaries of the
Main-Pier Redevelopment Project area as described on the map attached
hereto as Exhibit "A" and the legal description attached hereto as Exhibit "B".
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Accordingly, the objectives of this Redevelopment Project are as follows:
-- Eliminating blighting influences, including deteriorating buildings,
incompatible and uneconomic land uses, inadequate public
improvements, obsolete structures, and other physical, economic and
social deficiencies; improve the overall appearance of streets, parking
areas and other facilities, public and private; and assure that all
buildings are safe for persons to occupy.
-- Encouraging existing owners, businesses and tenants within the Project
Area to participate in redevelopment activities.
- Providing adequate parcels and required public improvements so as to
encourage new construction by private enterprise, thereby providing
the City of Huntington Beach with an improved economic base.
-- Mitigating development limitations which have resulted in the lack of
proper utilization of the Project Area to such an extent that it
constitutes a serious physical, social, and economic burden on the
community which cannot reasonably be expected to be reversed or
alleviated by private enterprise acting alone.
-- Providing adequate public improvements, public facilities, open
spaces, and utilities which cannot be remedied by private or
governmental action without redevelopment.
-- Providing construction and employment opportunities. in the
development of these facilities and by providing employment
opportunities in the operation of the proposed commercial and
recreational facilities.
-- Implementing the construction or reconstruction of the City Pier,
public parking, adequate streets, curbs, gutters, street lights, storm
drains, and other improvements as necessary to assist development of
the Project Area to conform to the General Plan as a master-planned
development and to correct existing environmental deficiencies.
-- Establishing development criteria and controls for the permitted uses
within the Project Area in accordance with modern and competitive
development practices, thus assuring the highest design standards and
environmental quality.
-- Providing for relocation assistance and benefits to Project Area
residences which may be displaced, in accordance with the provisions
of the Community Redevelopment Law and the government code of
the State of California.
To obtain the objectives of this Plan as set forth, the Agency is authorized to
undertake most or all of the following implementing actions:
-- Acquisition of property.
-- Participation by owners and tenants in the redevelopment project.
-- Relocation assistance to displaced residential occupants as required by
law.
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"Redevelopment Law" means the Community Redevelopment Law of the
State of California (California Health and Safety Code, Sections 33000 et
seq.), as amended to date.
"State" means the State of California.
"Tax Increments" means taxes allocated to a special fund of the Agency in
the manner provided by Sections 33670 to 33677, inclusive, of the Community
Redevelopment Law and Article XVI, Section 16, of the California
Constitution.
1.3 Project Area Boundaries
The boundaries of the Project Area are set forth on the map attached hereto
as Exhibit "A". The legal description of the Project Area is attached hereto
as Exhibit "B".
1.4 Administration and Enforcement of the Plan
The administration and enforcement of this Plan, including the preparation
and execution of any documents implementing this Plan, shall be performed
by the Agency and/or the City.
The provisions of this Plan or other documents entered into pursuant to this
Plan may also be enforced by court litigation instituted by either the Agency
or the City. Such remedies may include, but are not limited to, specific
performance, damages, reentry, injunctions, or any other remedies
appropriate to the purposes of this Plan. In addition, any recorded provisions
which are expressly for the benefit of owners of property in the Project Area
may be enforced by such owners.
1.5 Duration of Plan
Except for the nondiscrimination and nonsegregation provisions which shall
run in perpetuity, the provisions of this Plan shall be effective and the
provisions of other documents formulated pursuant to this Plan may be made
effective for 35 years from the date of adoption of this Plan by the City
Council or until all outstanding indebtedness of the Agency shall be retired,
whichever is later.
1.6 Procedure for Amending Plan
This Plan may be amended by means of the procedure established in the
Redevelopment Law or by any other procedure hereafter established by law.
2.0 REDEVELOPMENT OBJECTIVES AND PROPOSED ACTIONS
2.1 General Objectives of Redevelopment Plan
In creating the Huntington Beach Redevelopment Agency, the City Council of
the City of Huntington Beach declared its desire to improve, upgrade, and
revitalize all areas of the City and in particular those areas within the City
which have become blighted because of deterioration, disuse and economic,
physical and social maladjustments. As a part of the City's ongoing
redevelopment efforts, the Huntington Beach Redevelopment Agency has
prepared this Plan for the Main-Pier Redevelopment Project Area.
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-- Development of adequate parking, landscaping, public improvements
and facilities.
-- Demolition clearance of properties acquired, and site preparation.
-- Other actions as appropriate, including, but not limited to, actions to
assist property owners and tenants in the improvement of their
properties to carry out the objectives of the redevelopment plan.
Assist in providing financing for private and public development in the
Project Area.
2.2 Participation by Owners and Tenants
2.2.1 Rules for Participation Opportunities and Re-Entry Preferences
Participation opportunities shall necessarily be subject to and limited
by such factors as the land uses designated for the Project Area; the
provision of public facilities; realignment of streets if required; the
ability of owners to finance acquisition and development of structures
in accordance with the Plan; and any change in the total number of
individual parcels in the Project Area.
In order to provide an opportunity to owners and tenants to participate
in the growth and development of the Project Area, the Agency shall
promulgate rules for owner and tenant participation. If conflicts
develop between the desires of participants for particular sites or land
uses, the Agency shall establish reasonable priorities and preferences
among the owners and tenants. Some of the factors to be considered
in establishing these priorities and preferences should include present
occupancy, participant's length of residency or occupancy in the area,
accommodation of as many participants as possible, similar land use to
similar land use, conformity of participants' proposals with the intent
and objectives of the Redevelopment Plan, ability to finance the
implementation, development experience and total effectiveness of
participants' proposal in providing a service to the community.
Owner participant pribrities shall take effect at the time that the
Redevelopment Plan is adopted by the Huntington Beach City Council.
In addition to opportunities for participation by individual persons and
firms, participation to the extent it is feasible shall be available for
two or more persons, firms or institutions, to join together in
partnerships, corporations, or other joint entities.
The Agency shall upon the request of any conforming owner issue to
such owner within the first twelve months after the adoption of the
Plan a certificate of conformity in a form suitable for recordation
with the County Recorder's Office. The Agency shall not use eminent
—4—
domain to acquire property owned by conforming owners so long as use
conforms to Plan. In the event that the Redevelopment Plan is
amended after a duly noticed public hearing to change the
requirements for the property, such otherwise conforming owners may
be required to enter into an Owner-Participation Agreement with the
Agency.
In the event any of the conforming owners desires to construct
additional improvements or substantially alter or modify existing
structures on any of the real property previously described as
conforming, or acquire additional real property within the Project
Area, then such conforming owner may be required to enter into a
participation agreement with the Agency in the same manner as
required for other owners.
2.2.2 Participation Agreements
The Agency may require each participant to enter into a binding
agreement with the Agency by which the participant agrees to
rehabilitate, develop, or use the property in conformance with the
Plan and to be subject to the provisions in the Participation
Agreement. In such agreements, participants who retain real property
shall be required to join in the recordation of such documents as is
necessary to make the provisions of this Plan applicable to their.
properties.
2.3 Rehabilitation and Conservation of Structures
2.3.1 Rehabilitation of Structures
The Agency is authorized to rehabilitate and conserve or to cause to
be rehabilitated any building or structure in the Project Area owned or
acquired by the Agency. The Agency is also authorized and directed
to advise, encourage and assist in the rehabilitation of property in the
Project Area not owned or acquired by the Agency.
The Agency and the City will conduct such a program to encourage
owners of property within the Project Area to upgrade and maintain
their property consistent with City codes and standards developed for
the Project Area. Properties may be rehabilitated provided: (1)
rehabilitation and conservation activities on a structure are carried
out in an expeditious manner and in conformance with this Plan and
applicable City building codes and ordinances, and (2) where
applicable, rehabilitation is completed pursuant to an
Owner-Participation Agreement with the Agency.
In the event an owner-participant fails or refuses to rehabilitate or
develop his real property pursuant to this Plan and an
Owner-Participation Agreement, the real property or any interest
therein may be acquired by the Agency if acquisition funds are
available.
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2.3.2 Moving of Structures
As is necessary in carrying out this Plan and where it is economically
feasible to do so, the Agency is authorized in its discretion to move or
cause to be moved any standard structure or building which can be
rehabilitated to a location within or outside the Project Area and
dispose of such structures in conformance with the Law and this Plan.
2.4 Acquisition of Property
Except as specifically exempted herein, the Agency may acquire, but is not
required to acquire, any real property located in the Project Area, by gift,
devise, exchange, purchase, eminent domain, or any other lawful method.
It is in the public interest and may be necessary in some instances, in order to
eliminate the conditions requiring redevelopment and in order to execute the
Plan, for the power of eminent domain to be employed by the Agency to
acquire real property in the Project Area. The Agency shall commence
eminent domain proceedings to acquire property within the Project Area
within twelve (12) years after the adoption of the Plan.
The Agency is not authorized by law to acquire real property owned by public
bodies which do not consent to such acquisition. The Agency is authorized,
however, to acquire private property which was formerly public property by
being transferred by deed, lease, or otherwise to private ownership or control
before the Agency completes land disposition within the entire Project Area
if the Agency and the private owner do not enter into a participation
agreement.
The Agency shall not acquire real property to be retained by an owner
pursuant to a participation agreement if the owner fully performs under the
agreement. The Agency is authorized to acquire structures without acquiring
the land upon which those structures are located. The Agency is also
authorized to acquire any other interest in real property less than a fee.
The Agency shall not acquire real property on which an existing building is to
be continued on its present site and in its present form and use without the
consent of the owner, unless (1) such building requires substantial structural
alteration, improvement, modernization, or rehabilitation to assure that such
buildingis safe for people and/or businesses to occupy, or (2) the site or lot
P P PY
on which the building is situated required modification in size, shape or use,
or (3) it is necessary to impose upon such property any of the standards,
restrictions and controls of the Plan and the owner fails or refuses to
in the Plan b executing a participation agreement. The Agency
participate Y 9 P P 9 9 Y
shall define the circumstances to which this section is applicable.
i
I
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The Agency may, in its sole and absolute discretion, determine that certain
real property within the Project Area and the owners of such property will be
permitted to remain as conforming owners without an owner participation
agreement with the Agency, provided such owners continue to operate, use
and maintain real property within the requirements of the Plan. However,
conforming owners may be required by the Agency to enter into an Owner
Participation Agreement with the Agency in the event that such owners
desire to (1) construct any additional improvements or substantially alter or
modify existing structures or any of the real property described above as
conforming, or (2) acquire additional property within the Project Area.
Generally, personal property shall not be acquired. However, where
necessary, in the execution of the Plan, the Agency is authorized to acquire
personal property in the Project Area by any lawful means, including eminent
domain.
2.5 Relocation Assistance to Displaced Residential and Nonresidential Occupants
The Agency shall assist all families, individuals, or other entities displaced by
the project in finding other locations and facilities. In order to carry out the
project with a minimum of hardship to persons displaced from their homes,
the Agency shall assist individuals and families in finding housing that is
decent, safe, sanitary, within their financial means, in reasonably convenient
locations, and otherwise suitable to their needs. The Agency may provide by
acquisition, construction leasing, rehabilitation, loans and grants, or other
means, housing inside or outside the Project Area for displaced persons, and
to meet housing replacement requirements of state law.
The Agency shall make relocation payments to persons (including families,
business concerns, and others) displaced by the project, for moving expenses
and direct losses of personal property (businesses only) for which
reimbursement or compensation is not otherwise made. In addition, the
Agency will reimburse owners for certain settlement costs incurred in the
sale of their property to the Agency, and make additional relocation
payments to those eligible therefor. Such relocation payments shall be made
pursuant to Agency rules and regulations and the relocation provisions of the
Government Code of the State of California. The Agency may make such
other payments as may be appropriate and for which funds are available. The
Agency shall make an extensive effort to relocate existing residential tenants
within the City of Huntington Beach.
2.6 Demolition, Clearance, Public Improvements and Site Preparation
The Agency is authorized to demolish and clear or move buildings, structures,
and other improvements from any real property in the Project Area as
necessary to carry out the purposes of this Plan.
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f
If in implementing this Plan any dwelling units housing persons and families
of low or moderate income are destroyed or removed from the low and
moderate income housing market as part of the redevelopment project, the
Agency shall, within four years of such destruction or removal, rehabilitate,
develop, or construct, or cause to be rehabilitated, developed, or constructed,
for rental or sale to persons and families of low or moderate income an equal
number of replacement dwelling units at affordable rents within the Project
Area or within the territorial jurisdiction of the Agency, in accordance with
all of the provisions of Sections 33413 and 33413.5 of the State Health and
Safety Code.
The Agency is authorized to install and construct or cause to be installed and
constructed temporary public improvements and temporary public utilities
necessary to carry out the Plan. Such temporary public improvements may
include but are not limited to traffic signals, streets, and utilities.
Temporary utilities may be installed above ground.
The Agency is authorized to install and construct, or pay all or part of the
value of, or to cause to be installed and constructed with the consent of the
City Council of the City of Huntington Beach the public improvements and
public utilities (within or outside the Project Area) necessary to carry out the
Plan and to pay for part or all of the value therefor, if the City Council finds
and determines (1) that such public improvements are of benefit to the
Project Area or to the immediate neighborhood in which the project is
located, and (2) no other reasonable means of financing such public
improvements are available to the Community. Such public improvements
may include, but are not limited to, parking facilities, recreational
improvements, landscaping, utility undergrounding, benches, bus stops,
pedestrian walkways, bikeways, streets, curbs, gutters, sidewalks, street
lights, sewers, storm drains, traffic signals, electrical distribution systems,
water distribution systems, plazas, parks and playgrounds.
It is anticipated that the Agency will construct and provide the streets,
sidewalks, curbs and gutters, street lights, underground utilities and
landscaping within the public rights-of-way which are within the Project
Area. In addition, it is anticipated that the Agency will assist in the
reconstruction or construction of the City Pier and adjacent public parking
facilities.
The Agency is authorized to prepare or cause to be prepared as building sites
any real property in the Project Area owned by the Agency.
When the value of such land or the cost of the installation and construction of
such facility, structure, or other improvement, or both, has been or will be,
paid or provided for initially by the City or other public corporation, the
Agency may enter into a contract with the City or other public corporation
under which it agrees to reimburse the City or other public corporation for
all or part of the value of such land or all or part of the cost of such facility,
structure, or other improvement, or both, by periodic payments over a period
of years.
—8-
2.7 Disposition and Redevelopment of Agency Property for Uses in Accordance
with this Plan
For the purposes of this Plan, the Agency is authorized to sell, lease,
exchange, subdivide, transfer, assign, pledge, encumber by mortgage or deed
of trust, or otherwise dispose of any interest in real property.
To the extent permitted by law, the Agency is authorized to dispose of real
property by leases, trades or sales by negotiation without public bidding.
All real property acquired by the Agency in the Project Area shall be sold or
leased to public or private persons or entities for development for the uses
permitted in the Plan. Real property may be conveyed by the Agency to the
City or any other public body without charge. Property containing buildings
or structures rehabilitated by the Agency shall be offered for resale within
one year after completion of rehabilitation or an annual report concerning
such property shall be published by the Agency as required by law.
The Agency shall reserve such powers and controls in the disposition and
development documents as may be necessary to prevent transfer, retention,
or use of property for speculative purposes and to ensure that developments
are carried out pursuant to this Plan.
All purchasers or lessees of property shall be made obligated to use the
property for the purposes designated in this Plan, to begin and complete
development of the property within a time which the Agency fixes as
reasonable, and to comply with other conditions which the Agency deems
necessary to carry out the purposes of this Plan.
To provide adequate safeguards to ensure that the provisions of this Plan will
be carried out and to prevent the recurrence of blight, all real property said,
leased, or conveyed by the Agency, as well as all property subject to
participation agreements, shall be made subject to the provisions of this Plan
by leases, deeds, contracts, agreements, declarations of restrictions,
provisions of the zoning ordinance, conditional use permits, or other means.
The leases, deeds, contracts, agreements, and declarations of restrictions
may contain restrictions, covenants running with the land, rights of reverter,
conditions subsequent, equitable servitudes, or any other provision necessary
to carry out this Plan.
All property in the Project Area is hereby subject to the restriction that
there shall be no discrimination or segregation based upon race, sex, color,
age, religion, marital status, national origin, or ancestry, in the sale, lease,
sublease, transfer, use, occupancy, tenure, or enjoyment of property in the
Project Area. All property sold, leased, conveyed, or subject to a
participation agreement shall be made expressly subject by appropriate
documents to the restriction that all deeds, leases, or contracts for the sale,
lease, sub-lease, or other transfer of land in the Project Area shall contain
such nondiscrimination and nonsegregation clauses as are required by law.
—9—
To the extent now or hereafter permitted by law, the Agency is authorized to
pay for, develop, or construct, any building, facility, structure, or other
improvement either within or outside the Project Area for itself or for any
public body or entity to the extent where such improvement would be of
benefit to the Project Area.
During the period of development in the Project Area, the Agency shall
ensure that the provisions of this Plan and of other documents formulated
pursuant to this Plan are being observed, and that development in the Project
Area is proceeding in accordance with disposition and development
documents and time schedules.
For the purposes of this Plan, the Agency is authorized to sell, lease,
exchange, transfer, assign, pledge, encumber, or otherwise dispose of
personal property.
3.0 REDEVELOPMENT PLAN IMPLEMENTATION
3.1 Cooperation with City
Subject to any limitation in law, the City shall aid and cooperate with the
Agency in carrying out this Plan and shall take any further action necessary
to ensure the continued fulfillment of the purposes of this Plan and to
prevent the recurrence or spread of blight or those conditions which caused
the blight in the Project Area. Actions by the City shall include but are not
necessarily limited to the following:
-- Institution and completion of proceedings for opening, closing,
vacating, widening, or changing the grades of streets, alleys, and other
public rights-of-way, and for other necessary modifications of the
streets, the street layout, and other public rights-of-way in the
Project Area. Such action by the City may include the abandonment
and relocation of public utilities in the public rights-of-way as
necessary and appropriate to carry out this Plan.
- Institution and completion of proceedings necessary for changes and
improvements in publicly-owned public utilities within or affecting the
Project Area.
-- Revision of zoning, if necessary, within the Project Area to permit the
land uses and development authorized by this Plan.
-- Imposition wherever necessary (by conditional use permits or other
means) of appropriate controls within the limits of this Plan upon
parcels in the Project Area to ensure their proper development and use.
-- Provision for administrative enforcement of this Plan by the City
after development. The City and the Agency shall develop and provide
for enforcement of a program for continued maintenance by owners of
all real property, both public and private, within the Project Area
throughout the duration of this Plan.
—10—
-- Performance of the above, and of all other functions and services
relating to public health, safety, and physical development normally
rendered in accordance with a schedule which will permit the
redevelopment of the Project Area to be commenced and carried to
completion without unnecessary delays.
-- Referral to the Agency for review and recommendation of all
conceptual plans and substantial amendments to said plans pertaining
to land use and development in the Project Area. Referral shall be
made to the Agency prior to application approval by the City.
-- The City is authorized, but not obligated to provide and expend funds
to ensure the completion of the project as a whole in accordance with
this Plan. The obligation of the City to perform the actions indicated
in this section shall, except for the obligation to provide
administrative enforcement of the Plan as described in Section 3.1
hereof, be contingent upon the continued availability of funding for
this project primarily from tax increment revenues as defined in
Method for Financing herein. In the event that such funds, at any
time, become unavailable for the carrying out and completion of this
project, the obligation of the City shall thereafter be limited to
providing assistance in the form of funds necessary to pay
administrative and overhead costs in connection with the termination
or completion of the project. Such termination or completion shall be
limited solely to those activities previously commenced pursuant to
this Plan.
-- The undertaking and completing of any other proceedings necessary to
carry out the project.
3.2 Cooperation with Other Public Jurisdictions
Certain public bodies are authorized by state law to aid and cooperate, with
or without consideration, in the planning, undertaking, construction, or
operation of this project. The Agency shall seek the aid and cooperation of
such public bodies and shall attempt to coordinate this Plan with the
activities of such public bodies in order to accomplish the purposes of
redevelopment and the highest public good.
The Agency, by law, is not authorized to acquire real property owned by
public bodies without the consent of such public bodies. The Agency,
however, will seek the cooperation of all public bodies which own or intend to
acquire property in the Project Area. The Agency shall impose on all public
bodies the planning and design controls contained in the Plan to ensure that
present uses and any future development by public bodies will conform to the
requirements of this Plan. Any public body which owns or leases property in
the Project Area will be afforded all the privileges of owner and tenant
participation if such public body is willing to enter into a participation
agreement with the Agency.
—11—
During such time as property, if any, in the Project Area is owned by the
Agency, such property shall be under the management, maintenance, and
control of the Agency. Such property may be rented or leased by the Agency
pending its disposition for redevelopment.
3.3 Land Uses for the Project Area
-- Private Uses
Permitted land uses within the Project Area are those residential,
commercial and public uses as shall be illustrated from time to time in
the General Plan of the City. Specific permitted uses within the
Project Area are those that are permitted, or conditionally permitted,
by the zoning ordinance contained in the Ordinance Code when the
zoning ordinance conforms to the General Plan. The number of
dwelling units will be in accordance with the provision of the General
Plan and zoning ordinance of the City.
-- Public Uses, Public Street Layout, Rights-of-Way and Easements
The public rights-of-way, principal streets and streets that may
require improvements as proposed for the Project Area are illustrated
in Exhibit A.
Streets and rights-of-way may be widened, altered, abandoned,
vacated, or closed by the Agency and the City as necessary for proper
development of the project. Additional public streets, alleys and
easements may be created by the Agency and the City in the Project
Area as needed for proper development, circulation and access.
1
-- Semi-Public, Institutional, and Nonprofit Uses
The Agency is authorized to permit the establishment or enlargement
of public, semi-public, institutional, or nonprofit uses, including, but
not necessarily limited to, educational, fraternal, employee
institutions, and facilities of other similar associations or
organizations in appropriate portions of the Project .Area. All such
uses, if allowed by the Agency, shall conform so far as possible to the
provisions of this Plan applicable to the uses in the specific area
involved. The Agency shall impose such other reasonable restrictions
upon such uses as are necessary to protect the development and use of
the Project Area.
3.4 General Development Standards and Requirements
All real property in the Project Area is hereby made subject to the controls
and requirements of this Plan. Furthermore, the Agency may, if it deems
appropriate and/or necessary, specify requirements in excess of those
described herein or specified by state and local laws. No real property shall
be developed, rehabilitated, or otherwise changed after the date of the
adoption of the Plan except with approval of the Agency and in conformance
with the provisions of this Plan.
—12—
-- Construction
All construction, whether new or rehabilitation, in the Project Area
shall comply with all applicable state and local laws in effect from
time to time including, but not necessarily limited to, fire, building,
housing, electrical, heating, grading, plumbing and mechanical, sign
and zoning codes of the City of Huntington Beach.
-- Rehabilitation and Retention of Existing Conforming Uses
Although the Agency anticipates that few, if any, existing structures
within the Project Area will meet the standards for rehabilitation,
they, with Agency approval, may be repaired, altered, reconstructed,
or rehabilitated, if necessary, in such a manner that will meet the
following requirements:
-- Be safe, sanitary, and sound in all physical respects;
- Shall conform to the seismic requirements and the
rehabilitation requirements of the building code for the City of
Huntington Beach.
-- Shall conform to all codes for the City of Huntington Beach.
-- Shall be comparable in appearance to the architecture of the
on-site proposed new structures.
-- Retention of Existing Nonconforming Uses
The Agency is authorized to permit an existing use to remain in an
existing building in decent, safe, and sanitary condition, which use
does not conform to the provisions of this Plan, provided that such use
is generally compatible with the developments and uses in the Project
Area. The owner of such a property must be willing to enter into a
Participation Agreement and agree to the imposition of such
reasonable restrictions as are necessary to protect the development
and use of the Project Area.
The Agency is also authorized to permit an existing use in an existing
building not in decent, safe, and sanitary condition, which use does not
conform to the provision of this Plan, provided that such buildings are
rehabilitated to a decent, safe and sanitary condition, as determined
by the Agency, and provided that such a use is generally compatible
with development and uses in the Project Area. The owner of such a
property must be willing to enter into a Participation Agreement and
agree to the imposition of such reasonable restrictions as are
necessary to protect the development and use of the Project Area.
—13
-- Incompatible Uses
No use or structure which by reason of appearance, traffic, smoke,
glare, noise, odor, or similar factors would be incompatible with the
surrounding areas, structures or uses shall be permitted in any part of
the Project Area.
-- Subdivision or Consolidation of Parcels
No parcels in the Project Area, including any parcels retained by a
participant, shall be subdivided or consolidated without the prior
approval of the Agency.
-- Limitation of Building Density
The number of buildings in the Project Area will be consistent with
building intensities permitted pursuant to existing or revised local
zoning ordinances for the City of Huntington Beach and this Plan.
-- Limitation on Type, Size and Height of Buildings
The height, type and size of buildings shall be limited by applicable
state statutes and local zoning, building, and other applicable codes
and ordinances and this plan. Where a conflict exists between such
local codes and ordinances and specific provisions of this Plan, the
Plan shall supersede.
All new buildings built within the Project Area shall complement the
overall aesthetic and physical scale of the existing buildings within and
adjacent to the Project Area.
-- Open Space, Landscaping, and Parking
An approximate amount of open space is to be provided in the Project
Area as required by City codes and ordinances and the Plan.
Within the Project Area, both public and private streets, public and
private parking and private streets shall be provided for in each
development consistent with or exceeding City codes and ordinances in
effect from time to time and this Plan.
In all areas sufficient space, including open spaces, shall be maintained
between buildings and structures to provide adequate light, air, and
privacy.
-- Signs
Signs which create hazards or unsightly appearances by protruding,
overhanging, blinking, flashing, showing animation, or other such
similar conditions shall not be permitted in this Project Area. The
Agency shall permit only those signs necessary for identification of
buildings, premises, uses and products associated with the land parcel
involved. All signs shall be submitted to the Agency and the City, as
appropriate, for review and approval.
—14—
-- Nondiscrimination and Nonsegregation
There shall be no discrimination or segregation based upon age, race,
sex, color, creed, religion, marital status, national origin, or ancestry
permitted in the sale, lease, sublease, transfer, use, occupancy,
tenure, or enjoyment of property in the Project Area.
-- Employees and Contract Awards from the Community
Contractors and others engaged in construction and rehabilitation
activities in the Project Area shall be encouraged to hire and train the
maximum number of employees and trainees from within the
community consistent with the objectives of this Plan. Likewise,
where feasible, the Agency shall make distinct efforts to award
contracts to business concerns which are located in, or substantially
owned by persons residing in, the Project Area if they meet
requirements stipulated by the Agency and this Plan.
- Minor Variations
Under exceptional circumstances, the Agency is authorized to permit
minor variations from the limits, restrictions, and controls established
by this Plan. In order to permit such minor variations, the Agency
must determine that:
-- The strict application of the provisions of the Plan would result
in practical difficulties or unnecessary hardships inconsistent
with the general purpose and intent of this Plan.
-- There are exceptional circumstances or conditions applicable to
the property or to the intended development of the property
which do not generally apply to other properties having the
same standards,restrictions and controls.
-- Permitting a minor variation will not be materially detrimental
to the public welfare or injurious to the property or
improvements within or outside the Project Area.
-- Permitting a minor variation will not be contrary to the
objectives of this Plan.
No such minor variation shall be granted which changes a basic land
use or which permits substantial departure from the provisions of this
Plan. In permitting any such minor variation, the Agency shall impose
such conditions as are necessary to protect the public health, safety,
or welfare, and to assure compliance with the purposes of this Plan.
Nondiscrimination and nonsegregation restrictions shall not be subject
to minor variation.
—15—
No minor variation permitted by the Agency shall be effective until
conditional uses, variances, or other zoning changes, if any, have been
effectuated by the City to the extent necessary to obtain consistency
with such minor variations permitted by the Agency.
3.5 Methods for Project Financing
3.5.1 General Description of the Proposed Financing Method
Upon adoption of this Plan by the City Council, the Agency, if it
deems appropriate, is authorized to finance this project with
assistance from the City of Huntington Beach, Orange County, State
of California, Federal Government of the United States of America,
any other public agency, donations, special assessment districts,
property tax increments, interest revenue, income revenue,
Agency-issued notes and bonds, loans from private institutions, the
lease of Agency-owned property, the sale of Agency-owned property,
or from any other sources of financing which are legally available and
do not conflict with the objectives of the Plan.
The City may supply advances and expend money as necessary to assist
the Agency in carrying out this project. Such assistance shall be on
terms established by an agreement between the City of Huntington
Beach and the Huntington Beach Redevelopment Agency.
3.5.2 Tax Increments
Tax increment financing may not be the only source of funding for the
Redevelopment Project. However, the project assessed valuation base
will be established in accordance with state law as described herein.
Any tax increments will be used to defray project expenses to the
extent the increment by itself or from the sale of tax allocation bonds
allows.
All taxes levied upon taxable property within the Main-Pier
Redevelopment Project Area each year by or for the benefit of the
State of California, County of Orange, City of Huntington Beach, any
district, or other public corporation (hereinafter sometimes called
"taxing agencies") after the effective date of the ordinance approving
this Redevelopment Plan, shall be divided as follows:
-- That portion of the taxes which would be produced by the rate
upon which the tax is levied each year by or for each of said
taxing agencies upon the property in the redevelopment project
as shown upon the assessment roll used in connection with the
taxation of such property by such taxing agency, last equalized
prior to the effective date of such ordinance, shall be allocated
to and when collected shall be paid into the funds of the
respective taxing agencies as taxes, by or for said taxing
agencies, on all other property are paid (for the purpose of
allocating taxes levied by or for any taxing agency or agencies
—16—
The bonds and other obligations of the Agency are not a debt of the
City, the State, nor are any of its political subdivisions liable for
them, nor in any event, shall the bonds or obligations be payable out of
any funds or properties other than those of the Agency; and such bonds
and other obligations shall so state on their face. The bonds do not
constitute an indebtedness with the meaning of any constitutional or
statutory debt limitation or restriction.
3.5.4 Loans and Grants
Any other loans, grants, or financial assistance from the United
States, or any other public or private source will be utilized if
available as the Agency deems appropriate to its corporate purposes.
3.5.5 Relief of Financial Burdens
The Agency may in any year during which it owns property in a
redevelopment project pay directly to any city, county, city and
county, district, including, but not limited to, a school district, or
other public corporation for whose benefit a tax would have been
levied upon such property had it not been exempt, an amount of money
in lieu of taxes.
The Agency may also pay to any taxing agency with territory located
within the Project Area other than the City, any amounts of money
which in the Agency's determination is appropriate to alleviate any
financial burden or detriment caused to such taxing agency by the
proj ect.
3.5.6 Financing Limitations
Consistent with Sections 33333.2 and 33334.2 of the California
Community Redevelopment Law, the following limitations are imposed
on this Plan.
-- Taxes as defined in Section 33670 of the California Community
Redevelopment Law shall not be divided and shall not be
allocated to the Agency during any one fiscal (tax) year except
by amendment of this Plan, in excess of $15,250,000.
-- No loans, advances, or indebtedness to finance, in whole or in
part, the Redevelopment Project and to be repaid from the
allocation of those taxes described in the beforementioned
Section 33670 shall be established or incurred by the Agency
beyond 20 years from the date of adoption of this Plan by the
City Council unless such time limitation is extended by
amendment of this Plan. However, such loans, advances, or
indebtedness may be repaid over a period of time longer than
such time limit.
-- Without an amendment of this Plan, the amount of bonded
indebtedness swerved by tax increments which the Agency shall
have outstanding at any one time shall not exceed $77,500,000.
—17—
which did not include the territory of the project on the
effective date of such ordinance but to which such territory is
annexed or otherwise included after such effective_date, the
assessed roll of the County of Orange last equalized on the
effective date of said ordinance shall be used in determining
the assessed valuation of the taxable property in the project on
said effective date); and
That portion of said levied taxes each year in excess of such
amount shall be allocated to and when collected shall be paid
into a special fund of the Agency to pay the principal of and
interest on bonds, loans, monies advanced to, or indebtedness
(whether funded, refunded, assumed, or otherwise) incurred by
the Agency to finance or refinance, in whole or in part, this
redevelopment project. Unless and until the total assessed
value of the taxable property in the project exceeds the total
assessed value of the taxable property in the project as shown
on the last equalized assessment roll, all of the taxes levied and
collected upon; the taxable property in the project shall be paid
into the funds of the respective taxing agencies. When said
bonds, loans, advances and indebtedness, if any, and interest
thereon, have been paid, all monies thereafter received from
taxes upon the taxable property in the project shall be paid into
the funds of the respective taxing agencies as taxes on all other
property are paid.
-- That portion of taxes discussed in this Subsection are hereby
irrevocably pledged for the payment of the principal of and
interest on the advance of monies, or making loans, or the
incurring of any indebtedness, (whether funded, refunded,
assumed, or otherwise) by the Agency to finance or refinance in
whole or in part the Main-Pier Redevelopment Project.
-- The Agency is authorized to make such pledges as to specific
advances, loans, and indebtedness as appropriate in carrying out
the project, subject to the limitations on allocation of taxes,
debt creation, and bonded indebtedness contained in this
Subsecti on.
3.5.3 Issuance of Bonds and Notes
The Agency may issue bonds or notes when a determination has been
made that such financing is appropriate and feasible. Such bonds or
notes shall be issued only after the Agency has determined that funds
are, or will be, available to repay principal and interest when due and
payable. In any case, the issuance of bonds or notes shall be subject to
the limitations stipulated below.
Neither the members of the Agency, nor any persons executing the
bonds are liable personally on the bonds by reason of their issuance.
—18—
-- Not less than 20 percent of all taxes which are allocated .to the
Agency pursuant to Section 33670 shall be used by the Agency for the
purposes of increasing and improving the community's supply of
housing for persons and families of low or moderate income, as defined
in Health and Safety Code Section 41056 and very low income
households as defined in Section 41067, unless one of the following
findings are made:
-- That no need exists in the community, the provision of which
would benefit the Project Area to improve or increase the
supply of housing for persons and families of low or moderate
income or very low income households; or
-- That some stated percentage less than 20 percent of the taxes
which are allocated to the Agency pursuant to Section 33670 is
sufficient to meet such housing need; or
-- That a substantial effort to meet low and moderate income
housing needs in the community is being made, and that this
effort, including the obligation of funds currently available for
the benefit of the community from state, local ° and federal
sources for low and moderate income housing alone or in
combination with the taxes allocated, under this section, is
equivalent in impact to the funds otherwise required to be set
aside pursuant to this section. The City Council of the City
shall consider the need that can be reasonably foreseen because
of displacement of persons of low or moderate income or very
low income households from within or adjacent to the Project
Area, because of increased employment opportunities, or
because of any other direct or indirect result of implementation
of the Redevelopment Plan.
—19—
Exhibit "A"
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Exhibit "B"
LEGAL DI-SCRIPTION
o
r"1 MAIN-PIER REDEVELOPMENT PROTECT AREA
11at portion of Huntington Beach, County of Orange, State of California as shown
on a map recorded in Book 3, page 36 of Miscellaneous Maps in the Office of the
County Recorder of said County described as follows:
Beginning at the centerline intersection of Pacific Coast Highway and Lake
Street shown as Ocean Avenue and First Street respectively on said mentioned map;
thence along the centerline of Pacific Coast Highway South 480 21 ' 42" East 37.5
feet t(r the intersection with the southwesterly extension of the southeast line
of Lake Street; thence along said mentioned extension South 410 38'. 18" West 50
feet to the True Point of Beginning, said point being distant Southeast 48 a""
East 1655 feet along the southwest line of Pacific Coast Highway to the intersection
with the southwesterly extension of the northwest line of Sixth Street; thence
continuing South 410 38' 18" West 52S feet more or less along said extension to
Vhe 1ligli Tide Line of the Pacific Ocean; thence northwesterly 910 feet more or
less along said High Tide Line to a line parallel with and 3S feet southeasterly
measured at right angles from the southwesterly extension of the line of Main
Street as shown on said MV of Iluntington Beach; thence along said mentioned
parallel line South 410 38' 18" Nest 1470 feet to a line parallel with and 60
feet southwesterly, measured at right angles from the southwesterly end of the
Huntington Beach Municipal Pier; thence North 480 21 ' 42" West 14S feet along
said parallel line to a line parallel with and 35 feet northwesterly measured at
right angles, from the southwesterly extension of the northwest line of Main Stret-: ;
thence North 410 38' 18" East 1470 feet to the Iligli Tide Line of the Pacific Ocear.;
thence northwesterly 600 feet more or less along said I1igh Tide Line to the
southwesterly extension of the northwest line of Sixth Street; thencd along said
extension and northwest line of Sixth Street North 410 38' 18" East 1035 feet more
or less to the intersection with the. northeast line of Walnut Avenue, being 60
foot in width, 30 feet either side of centerline, said point being distant North
410 38' 18" Fast along said northwest line 510 feet from the southwest line of
Pacific Coast Highway; thence along said northeast line of Walnut Avenue South
480 21 ' 42" Last 1330 feet to an angle point in said line, said point also being
on the southeast line of Second Street being 60 feet in width, 30 feet either
side of centerline; thence continuing along said northeast line South 100 09, 04
East 414 feet to the southeast line of Lake Street thence along said southeast
line South 41-0 381 18" West 2S4 feet to the True Point of Beginning.
-22-
EXHIBIT "B" (cont. )
LEGAL DESCRIPTION
MAIN-PIER REDEVELOPMENT PROJECT AREA
PROJECT AMENDMENT NO. 1
A parcel of land situated partially in Sections 10 ,11,12,13 ,14 ,
Township 6 south, Range 11 west, San Bernardino base and meridian,
County of Orange, State of California. Said parcel being more
particularly described as follows:
Beginning at the intersection of section corners, Sections 11,12,
13 and 14 , thence north 89 037106" east 20 .00 feet to the true
point of beginning thence south 0040100" east 1,320 . 00 feet to a
point; thence south 89043100" west 1,955.76 feet to a point; thence
north 0043115" west 1,350.04 feet to a point; thence south 89043100"
west 670. 00 feet to a point; thence north 0000111" west 2,640. 00 to
a point; thence north 89058 ' 15" west 262.10 feet to a point; thence
south 0000 ' 00" east 294.10 feet to a point; thence north 89057113"
west 375.15 feet to a point; thence south 41038 '18" west 419.76 feet
to a point; thence south 48021 '42" east 190.00 feet to a point; thence
south 41038 ' 18" west 1880. 00 feet to a point; thence north 48021142
west 15. 00 feet to a point; thence south 41038118" west 125. 00 feet
to a point; thence north 48021' 42" west 750. 00 feet to a point; thence
north 45012 ' 51" west 400.66 feet to a point; thence north 48021142"
west 4255. 00 feet to a point; thence south 41038150" west 326 .00 feet
to a point; thence south 46030100" east 5,628 . 00 feet to a point;
thence north 41038118" east 990. 00 feet to a point; thence south 480
21142" east 1,330. 00 feet to a point; thence south 10009104" east
414 . 00 feet to a point; thence south 41038118" west 690.00 feet to
a point; thence south 52054 '19" east 4 ,618.08 feet to a point; thence
north 0040100" west 1 ,947. 92 feet to a point; thence north 89036156"
east 469. 56 feet to a point; thence north 0040100" west 2,029. 66 feet
to a point; thence south 89037 ' 06" west 469. 56 feet to a point;
thence south 0040 ' 00" east 50.00 feet to the true point of beginning.
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