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HomeMy WebLinkAboutOrdinance #2909 t � ACTMN ORDINANCE NO. F IT COUNCIL F THE ITYTAKEN AN ORDINANCE 0 THE CITY0 C HUNTINGTON BEACH APPROVING AND ADOPTING THE REDEVELOPMENT PLAN FOR THE HUNTINGTON BEACH- BEACH BOULEVARD REDEVELOPMENT PROJECT WHEREAS, the City Council of the City of Huntington Beach has received from the Redevelopment Agency of the City of Huntington Beach ( the "Agency" ) the proposed Redevelopment Plan for the Huntington Beach-Beach Boulevard Redevelopment Project, a copy of which is on file at the office of the City Clerk, 2000 Main Street, Huntington Beach, California, and at the office of the Agency at the same address, together with the Report of the Agency including the reasons for the selection of the Project Area, a description of the physical, social and economic conditions existing in the Pro- ject Area, the proposed method of financing the redevelopment of the Project Area, a plan for the relocation of families and persons who may be temporarily or permanently displaced from housing facilities in the Project Area, an analysis of the Preliminary Plan, the report and recommendations of the Planning Commission of the City of Huntington Beach, a Project Area Committee record, an environmental impact report on the Redevelopment Plan, the report of the county fiscal officer and the Agency' s analysis thereof, a summary of consultations with taxing agencies, and a neighborhood impact report; and The Planning Commission of the City of Huntington Beach has submitted to the City Council its report and recommendations con- cerning the Redevelopment Plan and its certification that the Redevelopment Plan conforms to the General Plan for the City of Huntington Beach; and The Agency, on March 16 , 1987, held a duly noticed public hearing on the Draft Environmental Impact Report ( "EIR" ) , pre- pared in accordance with California Environmental Quality Act (Public Resources Code Section 21000, et seq. ) , the Guidelines for implementation of the California Environmental Quality Act ( 14 Cal .Adm. Code Section 15000 , et seq. ) and environmental procedures adopted by the Agency pursuant thereto; and the Draft EIR was 1 . C TAKEN thereafter revised and supplemented to incorporate comments received and responses thereto, and as so revised and supplemented, a Final EIR was prepared by the Agency; and The Agency has certified the adequacy of the Final Environ- mental Impact Report, submitted pursuant to Public Resources Code Section 21151 and Health and Safety Code Section 33352 , and has determined that the redevelopment of the Project Area pursuant to the Redevelopment plan will have significant effects on the environment based upon the impacts identified in Resolution No. 142 adopted by the Agency on May 20 , 1987 , making certain findings regarding the environmental impacts of the proposed actions with respect to the proposed Redevelopment Plan for the Huntington Beach-Beach Boulevard Redevelopment Project , The Agency has adopted a Statement of Overriding Considerations indicating the positive aspects in support of implementing the Redevelopment Project as, adopted by Agency Resolution No. 142 on May 20 , 1987; and The City Council and the Agency held a joint public hearing on July 6 , 1987, on adoption of the Redevelopment Plan in the City Council Chambers, City Hall, 2000 Main Street, Huntington Beach, California; and A notice of said hearing was duly and regularly published in the . Daily Pilot , a newspaper of general circulation in the City of Huntington Beach, once a week for five successive weeks prior to the date of said hearing, and a copy of said notices and affidavits of publication are on file with the City Clerk and the Agency; and Copies of the notice of joint public hearing were mailed by certified mail with return receipt requested to the last known address of each assessee as shown on the last equalized assessment roll of the County of Orange for each parcel of land in the Project Area; and Each assessee in the Project Area was sent a separate state- ment, attached to the notice of the joint public hearing, that his or her property may be subject to acquisition by purchase or con- demnation under the provisisions of the Redevelopment Plan; and 2 . J Copies of the notice of joint public hearing were mailed by certified mail with return receipt requested to the governing body of each taxing agency which receives taxes from property in the Project Area; and The City Council has considered the report and recommendation of the Planning Commission, the report and recommendation of the Project Area Committee, the report of the Agency, the Redevelopment Plan and its economic feasibility, and the Environmental Impact Report, has provided an opportunity for all persons to be heard, and has received and considered all evidence and testimony pre- sented for or against any and all aspects of the Redevelopment Plan. NOW, THEREFORE, the City Council of the City of Huntington Beach does ordain as follows: SECTION 1 . That the purpose and intent of the City Council with respect to the Project Area is to accomplish the following: 1 . The elimination and prevention of the spread of blight and deterioration and the conservation, rehabilitation and redevelopment of the Project Area in accord with the General Plan, specific plans, the Redevelopment Plan and local codes and ordinances . 2 . The elimination or amelioration of certain environmental deficiencies, including substandard vehicular circulation systems and other similar public improvements, facilities and utilities deficiencies adversely affecting the Project Area. 3 . The achievement of an environment reflecting a high level of concern for architectural, landscape and urban design and land use principles appropriate for attainment of the objectives of this Redevelopment Plan. 4 . The enhancement of a major, region-serving thoroughfare to provide a quality design identity and smooth, safe circu- lation. 5 . The replanning, redesign, assembly and reparcelization and development of undeveloped/vacant areas which are stagnant or improperly utilized. 6 . The encouragement of investment by the private sector in the development and redevelopment of the Project Area by eliminating impediments to such development and redevelop- ment . ACTMM 3 . TAMEN 7 . The provision for increased sales, business license, hotel occupancy and other fees, taxes and revenues to the city. 8 . The expansion of the community' s supply of housing, including opportunities for low- and moderate-income households. 9 . The establishment and implementation of performance criteria to assure high standards for site design, environmental quality and other design elements which provide unity and integrity to the entire Project . 10 . The promotion and creation of new local employment opportunities. 11 . The encouragement of uniform and consistent land use patterns. 12 . The provision of a pedestrian and vehicular circulation system which is coordinated with land uses and densities and adequate to accommodate projected traffic volumes . 13 . To encourage the cooperation and participation of resi- dents, business owners, public agencies and community organizations in the development and redevelopment of the area. 14 . The encouragement of the development of a commercial environment which positively relates to adjacent land uses and to upgrade and stabilize existing commercial uses. 15 . The facilitation of the undergrounding of unsightly over- head utility lines . 16 . The provision of adequate off-street parking to serve current and future uses within the Project Area. SECTION 2 . The City Council hereby finds and determines, based on substantial evidence in the record, including, but not limited to, the Agency's Report to the City Council on the Proposed Rede- velopment Plan for the Huntington Beach-Beach Boulevard Redevelop- ment Project, and all documents referenced therein, and evidence and testimony received at the joint public hearing on adoption of the Redevelopment Plan held on July 6, 1987 , that : (a) The Project Area is a blighted area, the redevelopment of which is necessary to effectuate the public purposes declared in the California Community Redevelopment Law (Health and Safety Code Section 33000, et seq. ) . This finding is based on the following conditions which characterize the Project Area: 4 . ( 1 ) The existence of buildings and structures used or intended to be used for living, commercial, industrial or other purposes which are unfit or unsafe to occupy for such purposes due to deterioration and dilapidation, age and obsolescence, mixed character of buildings, and defective design and character or physical construction; and ( 2 ) The existence of properties which suffer from deterioration and disuse because of: inadequate public improve- ments, facilities and utilities, which cannot be remedied by private or governmental action without redevelopment, particularly deficiencies in the transportation circulation system and in infrastructure utilities, and the existence of parcels that are of irregular form, shape or size for proper development; and ( 3 ) A prevalence of depreciated values, impaired invest- ments, and economic maladjustment . It is further found and determined that such conditions are causing and will increasingly cause a reduction and lack of proper utilization of the area to such an extent that it constitutes a serious physical, social and economic burden on the city which cannot reasonably be expected to be reversed or alleviated by private enterprise acting alone, requiring redevelopment in the interest of the health, safety and general welfare of the people of the city and the state. This finding is based on the fact that governmental action available to the city without redevelopment would be insufficient to cause any significant correction of the blighting conditions, and that the nature and costs of the public improvements and facilities and other actions required to correct the blighting conditions are beyond the capacity of the city and cannot be undertaken :or borne by private enterprise, acting alone or in concert with available governmental action. (b) The Project Area is an urbanized area. This finding is based upon the fact that not less than eighty percent (80%) of the privately owned property in the Project Area has been or is developed for urban uses, as demonstrated by the Agency 's Report to City Council . In addition, as demonstrated by the Agency 's Report to City Council, the Project Area is part of an a e:a . del.o_ped fo;r,� urban uses, such as residential and quasi_ public - � � .' 5 . ( c) The Redevelopment Plan will redevelop the Project Area in conformity with the Community Redevelopment Law and in the inter- ests of the public peace, health, safety and welfare. This finding is based upon the fact that the purposes of the Community Redeve- lopment Law would be attained by the Project: by the elimination of areas suffering from economic dislocation or disuse; by the re- planning, redesign and/or redevelopment of areas which are stagnant or improperly utilized, and which could not be accomplished by pri- vate enterprise acting alone without public participation and assistance; by protecting and promoting sound development and redevelopment of blighted areas and general welfare of the citizens of the city by remedying such injurious conditions through the employment of appropriate means; and through the installation of new or replacement of existing public improvements, facilities and utilities in areas which are currently inadequately served with regard to such improvements, facilities, and utilities. (d) The adoption and carrying out of the Redevelopment Plan is economically sound and feasible . This finding is based on the fact that under the Redevelopment Plan, the Agency will be authorized to seek and utilize a variety of potential financing resources, including tax increments; that the nature and timing of public redevelopment assistance will depend on the amount and availability of such financing resources, including tax increments, generated by new investment in the Project Area; that under the Redevelopment Plan no public redevelopment activity can be undertaken unless the Agency can demonstrate that it has adequate revenue to finance the activity; and that the financing plan included within the Agency' s Report to the City Council demonstrates that sufficient financial resources will be available to carry out the Project. (e) The Redevelopment Plan conforms to the General Plan of the City of Huntington Beach. This finding is based on the finding of the Planning Commission that the Redevelopment Plan conforms to the General Plan for the City of Huntington Beach. (f ) The carrying out of the Redevelopment Plan will promote the public peace, health, safety and welfare of the City of Huntington Beach and will effectuate the pur,po es arh\,dr po`lTicy o�f\t7he 6 . A K E`N Community Redevelopment Law. This finding is based on the fact that redevelopment will benefit the Project Area by correcting conditions of blight and by coordinating public and private actions to stimulate development and improve the economic, social and physical conditions of the Project Area, and by increasing employment opportunities within the city. (g) The condemnation of real property, as provided for in the Redevelopment Plan, is necessary to the execution of the Redevelop- ment Plan, and adequate provisions have been made for the payment for property to be acquired as provided by law. This finding is based upon the need to ensure that the provisions of the Redevelop- ment Plan will be carried out and to prevent the recurrence of blight, and the fact that no property will be acquired until adequate funds are available to pay full compensation therefor . (h) The Agency has a feasible method and plan for the reloca- tion of families and persons who might be displaced, temporarily or permanently, from housing facilities in the Project Area. This finding is based upon the fact that the Redevelopment Plan pro- vides for relocation assistance according to law and the fact that such assistance, including relocation payments, constitutes a feasible method for relocation. ( i ) There are, or are being provided, within the Project Area or within other areas not generally less desirable with regard to public utilities and public and commercial facilities and at rents or prices within the financial means of the families and persons who might be displaced from the Project Area, decent, safe and sanitary dwellings equal in number to the number available to such displaced families and persons and reasonably accessible to their places of employment . This finding is based upon the fact that no person or family will be required to move from any dwelling unit until suitable replacement housing is available for occupancy, and that such housing must meet the standards established in state law and regulations. ( j ) Inclusion of any lands, buildings, or improvements which are not detrimental to the public health, safety or welfare is necessary for the effective redevelopment oaf X- 0 tfh�e ACTON ie rea of 7 . TA KFN which they are a part, and any such area is not included solely for the purpose of obtaining the allocation of tax increment revenues from such area pursuant to Section 33670 of the Community Redeve- lopment Law without other substantial justification for its inclu- sion. This finding is based upon the fact that the boundaries of the Project Area were chosen as a unified and consistent whole to include lands that were underutilized because of blighting influences, or that were affected by the existence of blighting influences, and those land uses which significantly contribute to the conditions of blight, and whose inclusion is necessary to either accomplish the objectives and benefits of the Redevelopment Plan or because of the need to impose uniform requirements over a contiguous geographically defined area. Such properties will share in the benefits of the project. ( k) The elimination of blight and the redevelopment of the Project Area could not reasonably be expected to be accomplished by private enterprise acting alone without the aid and assistance of the Agency. This finding is based upon the existence of blighting influences, including the lack of adequate public improvements and facilities, and the inability of individual developers to economically remove these blighting influences without substantial public assistance. ( 1) The effect of tax increment financing will not cause a significant financial burden or detriment to any taxing agency deriving revenues from the Project Area. This finding is based upon the fact that all that were affected taxing agencies were consulted with or had the opportunity to be consulted regarding the fiscal effects of the Redevelopment Plan, either through the fiscal review committee established for the project, or through separate consultations . Five such agencies identified adverse fiscal effects. These effects will be alleviated by provisions contained within agreements with such agencies entered into pursuant to Section 33401 of the Community Redevelopment Law. SECTION 3 . The City Council is satisfied that permanent housing facilities will be available within three (3 ) years from the time res�ident,ial occupants of the Project Area, if any, are A� R_ TA KEN displaced, and that pending the development of such facilities , there will be available to any such displaced residential occupants temporary housing facilities at rents comparable to those in the City of Huntington Beach at the time of their displacement. No persons or families of low and moderate income shall be displaced from residences unless and until there is a suitable housing unit available and ready for occupancy by such displaced persons or families at rents comparable to those at the time of their dis- placement . Such housing units shall be suitable to the needs of such displaced persons or families and must be decent, safe, sanitary and otherwise standard dwellings. The Agency shall not displace any such persons or families until such housing units are available and ready for occupancy. SECTION 4 . Written objections to the Redevelopment Plan filed with the City Clerk before the hour set for hearing and all written and oral objections presented to the City Council at the hearing, having been considered, are hereby overruled. SECTION 5 . That certain document entitled "Final Environmental Impact Report for Huntington Beach-Beach Boulevard Redevelopment Project, " a copy of which is on file in the office of the Agency and in the office of the City Clerk, having been duly reviewed and considered, is hereby incorporated into this ordinance by reference and made a part hereof. All activities undertaken by the Agency and/or the City of Huntington Beach pursuant to or in implementa- tion of the Redevelopment Plan shall be undertaken in accordance with the mitigation measures set forth in the said Final Environ- mental Impact Report, and the Agency shall undertake such addi- tional environmental reviews as necessary at the time of imple- mentation of such activities . SECTION 6 . That certain document entitled "Redevelopment Plan for the Huntington Beach-Beach Boulevard Redevelopment Project, " the map contained therein, and such other reports as are incor- porated therein by reference, a copy of which is on file in the office of the Agency and the office of the City Clerk, having been duly reviewed and considered, is hereby incorporated in this ordinance by reference and made a part hereon'—' apd as so 9 . TA K E IN, incorporated is hereby designated, approved, and adopted as the official "Redevelopment Plan for the Huntington Beach-Beach Boulevard Redevelopment Project . " SECTION 7 . In order to implement and facilitate the effectua- tion of the Redevelopment Plan hereby approved, the City Council hereby ( a) pledges its cooperation in helping to carry out the Redevelopment Plan; (b) requests the various officials, depart- ments, boards, and agencies of the city having administrative responsibilities in the Project Area likewise to cooperate to such end and to exercise their respective functions and powers in a manner consistent with redevelopment of the Project Area; ( c) stands ready to consider and take appropriate action upon proposals and measures designed to effectuate the Redevelopment Plan; and (d) declares its intention to undertake and complete any proceeding necessary to be carried out by the city under the provisions of the Redevelopment Plan. SECTION 8 . The City Clerk is hereby directed to send a certi- fied copy of this ordinance to the Agency, whereupon the Agency is vested with the responsibility for carrying out the Redevelopment Plan. SECTION 9 . 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 Development Law. SECTION 10 . The Development Services Department of the City of Huntington Beach is hereby directed for a period of two (2 ) years after the effective date of this ordinance to advise all applicants for building permits within 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 11 . The City Clerk is hereby directed to transmit a copy of the description and statement recorded by the City Clerk pursuant to Section 9 of this ordinance, a copy of this ordinance, and a map indicating the boundaries of the Project Area, to the Auditor/Controller and Assessor of the Coun`"ty 0of O[(r'"an,ggee"�yp, to�yJi` fh^.e:. 10 . TAKEN governing body of each of the taxing agencies which receives taxes from property in the Project Area, and to the State Board of Equalization, within thirty (30 ) days following the adoption of the Redevelopment Plan. SECTION 12 . If any part of this ordinance or the Redevelopment Plan which it approves is held to be invalid for any reason, such decision shall not affect the validity of the remaining portion of this ordinance or of the Redevelopment Plan, and the City Council hereby declares that it would have passed the remainder of the ordinance or approved the remainder of the Redevelopment Plan if such invalid portion thereof had been deleted. SECTION 13 . This ordinance shall take effect thirty (30 ) days after its passage. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the day of , 1987 . Mayor ATTEST: APPROVED AS TO FORM: L-U-e ._ / City Clerk City A t ney REVIEWED AND APPROVED: 4Dp D AND APPROVED: 01 City Administrat Director, lopment AC7MN 2278E 7AKEN 11 .