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HomeMy WebLinkAboutOrdinance #3002 ORDINANCE NO. 3002 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ADOPTING AN AMENDMENT TO THE REDEVELOPMENT PLAN FOR THE OAKVIEW REDEVELOPMENT PROJECT AS THE OFFICIAL REDEVELOPMENT PLAN FOR SAID PROJECT WHEREAS, the Huntington Beach Redevelopment Agency (the "Agency") has formulated, prepared and approved a proposed Amendment to the Redevelopment Plan for the Oakview Redevelopment Project (the "Redevelopment Project") and has recommended that the City Council of the City of Huntington Beach ("City Council") approve and adopt said Amendment to the Redevelopment Plan; and The Planning Commission of the City of Huntington Beach has submitted to the City Council its Report and Recommendation on the proposed Amendment to the Redevelopment Plan finding that the Redevelopment Plan, as amended, is in conformity with the General Plan of the City of Huntington Beach and has recommended approval of the proposed Amendment to the Redevelopment Plan; and The Agency has adopted Rules Governing Participation and Reentry Preferences for Property Owners, Operators of Businesses and Tenants within the Project Area; and The Agency has adopted the State Relocation Guidelines (Title 25 California Administration Code §6000 et sea. ) as the method of plan for the relocation of persons, families and businesses from the Project Area, the payment of relocation benefits and the giving of relocation assistance to such persons, families and businesses; and The Agency has submitted the proposed Amendment to the Redevelopment Plan and its Report thereon to the City Council; and The Agency has consulted with property owners and businesses within the Project Area and taxing agencies which levy -1- taxes, or for which taxes are levied, on property in the Project Area; and The Agency and this City Council have approved and adopted a Final EIR for the adoption of the proposed Amendment to the Redevelopment Plan and have certified as to their review and consideration thereof in accordance with the California Environmental Quality Act of 1970, as amended, and the State and local guidelines and regulations adopted pursuant thereto; and A joint public hearing has been fully 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 proposed Amendment to the Redevelopment Plan and have duly considered all thereof and the proceedings for the adoption of the proposed Amendment to the Redevelopment Plan have been duly conducted and completed as provided by law. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH does hereby ordain as follows: SECTION 1: The purposes and intent of this City Council with respect to the Project Area are to accomplish to the greatest extent feasible the following: (a) To eliminate blighting influences that persist in the Project Area, 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 -2- safe for persons to occupy. (b) To prevent recurrence of blighting conditions within the Project Area. (c) To encourage existing owners, businesses and tenants within the Project Area to participate in the redevelopment of the Project Area and to provide reentry preferences to such persons; to encourage and ensure the development of the Project Area in the manner set forth in the proposed Amendment to the Redevelopment Plan; and to provide for the relocation of any residents, if any, displaced by the effectuation of the proposed Amendment to the Redevelopment_ Plan. (d) To improve and construct or provide for the construction of public facilities, roads, curbs, gutters, street lights, storm drains, and other public improvements and to improve the quality of the environment in the Project Area to the benefit of the Project Area and the general public as a whole. (e) To encourage and foster the economic revitalization of the Project Area by protecting and promoting the sound development and redevelopment of the Project Area and by replanning, redesigning, or developing portions of the Project Area which are stagnant or improperly utilized because of the lack of adequate utilities and because of other causes. (f) To provide 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. (g) To mitigate development limitations and environmental deficiencies which have resulted in the lack of proper utilization -3- 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. (h) To improve and provide adequate public improvements, public facilities, open spaces, and utilities where such deficiencies are adversely affecting the Project Area and which cannot be remedied by private or governmental action without redevelopment. (i) To provide construction and employment opportunities in the development of these facilities and by provding employment opportunities in the operation of the proposed commercial and office facilities . (j ) To establish 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. (k) To expand the commercial base of the community through the promotion of new and continuing private sector investment in the Project Area. (1) To provide opportunities and mechanisms to increase sales taxes, business licenses, and other sources of revenue to the City. (m) To provide opportunities to increase and improve the City' s supply of housing on a Citywide basis, including housing opportunities for low and moderate income households. SECTION 2 • The City Council hereby finds and determines that: -4- (a) The Project Area is a predominately urbanized area which is a blighted area, the redevelopment of which is necessary to effectuate the public purposes declared in the Community Redevelopment Law of the State of California (Health and Safety Code §33000 et seg. ) and specifically that the Project Area is characterized by the existence of buildings and structures, used or intended to be used for living, commercial, industrial, or other purposes, or any combination of such uses, which are unfit or unsafe to occupy for such purposes and are conducive to ill health, transmission of disease, infant mortality, juvenile delinquency, and crime because of any one or a combination of the following factors : (1) defective design and character of physical construction; (2) faulty interior arrangement and exterior spacing; (3) high density of population and overcrowding; (4) inadequate provision for ventilation, light, sanitation, open spaces, and recreation facilities; and (5) age, obsolescence, deterioration, dilapidation, mixed character, or shifting of uses; The Project Area is further characterized by properties which suffer from economic dislocation, deterioration, or disuse because of one or more of the following factors; (1) the subdividing and sale of lots of irregular form and shape and inadequate size for proper usefulness and development; (2) the laying out of lots in disregard of the contours and other topography or physical -5- 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; and (4) the prevalence of depreciated values, impaired investments, and social and economic maladjustment. It is further found and determined that such conditions are causing and will increasingly 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. This finding is based in part 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 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 implementation of the Redevelopment Plan, as amended, will redevelop the Project Area in conformity with the purposes and policies of the Community Redevelopment Law of the State of California in the interests of the public peace, health, safety, and welfare of the City of Huntington Beach. This finding is based upon the fact that redevelopment of the Project Area will implement the objectives of the Community Redevelopment Law by -6- aiding in the elimination and correction of the conditions of blight, providing for planning, development, redesign, clearance, reconstruction or rehabilitation of properties which need improvement, and providing for higher economic utilization of potentially useful land. (c) The adoption and carrying out of the Redevelopment Plan, as amended, is economically sound and feasible. This finding is based in part on the fact that the Agency' s Report to the City Council discusses and demonstrates the economic soundness and feasibility of the Redevelopment Plan and undertakings pursuant thereto. (d) The Redevelopment Plan, as amended, conforms to the General Plan of the City of Huntington Beach. This finding is based in part on the finding of the Planning Commission that the Redevelopment Plan conforms to the General Plan for the City of Huntington Beach. (e) The condemnation of real property in designated areas is necessary to the execution of the Redevelopment Plan, as amended, and adequate provisions have been made for payment for property to be acquired as provided. (f) The Agency has a feasible method or plan for the relocation of families and persons to be temporarily or permanently displaced from housing facilities in the Project Area. The provisions of S§7260 to 7276 of the California Government Code would be applicable in the event relocation would occur due to the implementation by the Agency of the Redevelopment Plan. The City Council finds and determines that the provision of relocation assistance according to law constitutes a feasible method for -7- relocation. (g) There are or are being provided in the Project Area or in other areas not generally less desirable in regard to public utilities and public and commercial facilities and at rents or prices within the financial means of the families and persons displaced from the Project Area, if any, 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. This finding is based upon the fact that no person or family will be required by the Agency to move from any dwelling unit until suitable replacement housing is available. (h) Inclusion within the Project Area of any lands, buildings or improvements which are not detrimental to the public health, safety or welfare is necessary for the effective redevelopment of the area of which they are a part; and any such area included is necessary for effective redevelopment of the Project Area and is not included for the purpose of obtaining the allocation of tax increment revenues from such area pursuant to §33670 of the Community Redevelopment Law without other substantial justification for its inclusion. This finding is based in part 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 affected by the existence of blighting influences, and land uses significantly contributing to the conditions of blight, whose inclusion is necessary to accomplish the objective of the Redevelopment Plan. (i) The elimination of blight and redevelopment of the Project Area cannot be reasonably expected to be accomplished by -8- private enterprise acting alone without the aid and assistance of the Agency. This finding is based upon the existence of blighting influences, including without limitation the lack of adequate public improvements and facilities, structural deficiencies and other indications of blight more fully enumerated in the record, and the infeasibility due to cost of requiring individuals (by means of assessments or otherwise) to eradicate or significantly alleviate existing deficiencies in public improvements and facilities and the inability and inadequacy of other governmental programs and financing mechanisms to eliminate the blighting conditions. (j ) The provision of low and moderate income housing outside the Project Area will be of benefit to the Project. (k) The effect of tax increment financing will not cause significant financial burden or detriment on any taxing agency deriving revenues from the Project Area. This finding is based in part upon the analysis contained in the Agency' s Report to the City Council . SECTION 3 • In order to implement and facilitate the effectuation of the Amendment to the Redevelopment Plan hereby approved and adopted, it is found and determined that certain official actions must be taken by the City Council with reference, among other things, to changes in zoning, the vacating and removal of the streets, alleys, and other public ways, the establishment of new street patterns, the location and relocation of sewer and water mains and other public facilities, and other public action, and accordingly, the City Council hereby: (a) Declares its intention to undertake and complete any -9- proceedings necessary to be carried out by the City of Huntington Beach under the provisions of the Redevelopment Plan, as amended. (b) Requests the various officials, departments, boards, commissions, and agencies of the City of Huntington Beach having administrative responsibilities with respect to the Project likewise to cooperate to such end and to exercise their respective functions and powers in a manner consistent with the Redevelopment Plan, as amended. SECTION 4 : The City Council is satisfied that permanent housing facilities will be available within three (3) years from the time occupants of the Project Area are displaced, if any, and that pending the development of such facilities there will be available to such displaced occupants adequate temporary housing facilities at P q p Y g 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 person or family at rents comparable to those at the time of their displacement. Such housing units shall be suitable to the needs of such displaced persons or families and must be decent, safe, sanitary and otherwise standard dwellings. The Agency shall not displace such person or family until such housing units are available and ready for occupancy. SECTION 5: Any written objections to the Redevelopment Plan filed with the City Clerk of the City of Huntington Beach before the hour set for hearing and all oral objections presented to the City Council at -10- the hearing having been considered are hereby overruled. SECTION 6: The proposed Amendment to the Redevelopment Plan for the Oakview Redevelopment Project, the maps contained therein and such other reports as are incorporated therein by reference, having been duly reviewed and considered, is hereby approved, adopted and designated as the official "Redevelopment Plan for the Oakview Redevelopment Project, " and is hereby incorporated herein by reference and made a part hereof as in fully set forth at length herein, three copies of which are hereby directed to be on file with the City Clerk. SECTION 7• If any part of this Ordinance or the Amendment to 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 Amendment to the Redevelopment Plan, and this City Council hereby declares that it would have passed the remainder of this Ordinance or approved the remainder of the Amendment to the Redevelopment Plan if such invalid portion thereof has been deleted. SECTION 8 : The City Clerk is hereby directed to send a certified copy of this Ordinance to the Agency, and the Agency is hereby vested with the responsibility for carrying out the Redevelopment Plan, as amended. SECTION 9 : The City Clerk is hereby directed to record within thirty (30) days from the adoption of this Ordinance with the County -11- Recorder of the County of Orange a description of the land within the Project Area and a statement that the proceedings for the redevelopment of the Project Area have been instituted under the California Community Redevelopment Law. The Agency is hereby directed to effectuate recordation in compliance with the provisions of §27295 of the Government Code to the extent applicable. SECTION 10 • The Building 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 §8 of this Ordinance, a copy of this Ordinance, and a map of plat indicating the boundaries of the Project Area to the Auditor and Tax Assessor of Orange 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. SECTION 12: The City Clerk shall certify to the passage of this Ordinance and cause a copy thereof to be published as required by law in a newspaper of general circulation in the City of Huntington Beach, and this Ordinance shall take force and effect thirty (30) days after its final passage in the manner provided by law. The City Clerk shall post in the Office of the City Clerk a certified copy of -12- the full text of such adopted Ordinance along with the names of those City Council members voting for and against the Ordinance in accordance with Government Code § 36933 . PASSED AND ADOPTED at a regular meeting of the City Council of the City of Huntington Beach on the 5th day of July , 1989 . Mayor pro-Tempore ATTEST: APPROVED AS TO FORM: City Clerk CW City Attorney REVIEWED AND APPROVED: ITIATED AND APPROVED: City hdministrator Dirk9kor of Economic Development -13- Ord. No.' 3002 STATE OF CALIFORNIA ) COUNTY OF ORANGE ss: CITY OF HUNTINGTON BEACH 3 I, CONNIE BROCKWAY, 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 therof held on the 19th day of June 19 89 and was again read to said City Council at a regular adjourned , meeting therof held on the 5th day of July , 1989 , and was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council . I` AYES: Councilmembers: MacAllister,r Green, Wi hell Mays,s Silva Erskine ac nc NOES: Councilmembers: None ABSENT: Councilmembers: Bannister Cor#* C#7Y am of go my of Harr+IDIOM W d ex-Oft t 411 Iht OV Cmd,tb hPoWcwtRy#W a$p p*of Nit aftnu beer+ptt Jvd in the 0*PAM 00 City Clerk and; ex-officio Clerk of the City Council° of,,.the City InaccDi'd ewe C YCharterof9*0 .. of Huntington Beach, California Connie BroctcwaY QY Cleric Lf C.�rk