HomeMy WebLinkAboutOrdinance #3436 ORDINANCE NO. 3436
AN ORDINANCE AMENDING ORDINANCE NO. 3343 OF THE CITY OF
HUNTINGTON BEACH AND APPROVING AND ADOPTING AN
AMENDMENT TO THE REDEVELOPMENT PLAN FOR THE
HUNTINGTON BEACH REDEVELOPMENT PROJECT TO EXTEND THE
USE OF EMINENT DOMAIN FOR RESIDENTIAL PROPERTY IN A
LIMITED PORTION OF THE MAIN-PIER CONSTITUENT AREA OF THE
PROJECT AREA
WHEREAS, the City Council of the City of Huntington Beach (the "City Council")
adopted Ordinance No. 3343 on December 16, 1996 which merged and amended the
redevelopment plans for the Huntington Center, Main-Pier, Oakview, Talbert Beach and
Yorktown Lake Redevelopment Projects as incorporated into the Redevelopment Plan for the
Huntington Beach Redevelopment Project (the "Redevelopment Plan"); and
The City Council now desires to amend the Redevelopment Plan to extend the use of
eminent domain for residential property within a limited portion of the Main-Pier Constituent
Area of the Project Area; and
The Agency has formulated and prepared an Amendment to Redevelopment Plan for the
Huntington Beach Redevelopment Project (the "Amendment") which provides for the extension
of such use of eminent domain as described in and attached to this Ordinance as Exhibit "A" and
incorporated herein by this reference; and
In accordance with the California Environmental Quality Act, Public Resources Code
Section 21000 et sec., ("CEQA"), the Guidelines for Implementation of the California
Environmental Quality Act and environmental procedures adopted by the Agency pursuant
thereto, the Agency prepared and approved a Negative Declaration for the proposed Amendment;
and
The Planning Commission made its Report and Recommendation on the proposed
Amendment Plan; and
The Agency submitted the proposed Amendment to the City Council, together with the
Report to the City Council which includes: the reasons for amending the Redevelopment Plan
and a description of specific projects proposed and how these projects will improve or alleviate
blighting conditions found in the Project Area; a description of physical and economic conditions
existing in the Project Area; provisions relating to a five year implementation plan; an
explanation of why the elimination of blight and redevelopment of the Project Area cannot
reasonably be expected to be accomplished by private enterprise acting alone or by the use of
financing alternatives other an tax increment; the proposed method of financing the
redevelopment of the Project Area; a method and plan for the relocation of families and persons
who may be temporarily or permanently displaced from housing facilities as a result of the
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proposed Amendment; an analysis of the Preliminary Plan; the Report and Recommendation of
the Planning Commission; a report of the Project Area Committee; the Negative Declaration;
provisions relating to 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 City Council and the Agency held a joint public hearing on August1§,1999 to
consider the approval and adoption of the proposed Amendment for the Project Area; and
Notice of said hearing was duly and regularly published in a newspaper of general
circulation in the City of Huntington Beach as required by law prior to the date of said hearing,
and a copy of said notice and affidavits of publication are on file with the City Clerk; and
The City Council has considered the proposed Amendment, the Agency's Report to the
City Council, other recommendations of the Agency, the Report and Recommendation of the
Planning Commission, the Report of the PAC, and the Negative Declaration; has provided an
opportunity for all persons to be heard and has received and considered all evidence and
testimony presented for and against any and all aspects of the proposed Amendment; and has
responded in writing to each written objection of each affected property owner or taxing entity.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HUNTINGTON
BEACH DOES ORDAIN AS FOLLOWS:
SECTION 1. The purposes and intent of the City Council with respect to the
Amendment is to extend provisions for the use of eminent domain for residential property within
a limited portion of the Main-Pier Constituent Area of the Project Area, in order to achieve the
goals and objectives for the Project Area as set forth in Section 1 of Ordinance No. 3343.
SECTION 2. The "Amendment to the Redevelopment Plan for the Huntington
Beach Redevelopment Project," and such other documents as are incorporated therein by
reference, is hereby approved and adopted and is hereby incorporated in this Ordinance by
reference and made a part hereof, and the Redevelopment Plan as amended by this Amendment is
hereby designated, approved, and adopted as the official redevelopment plan for the Huntington
Beach Redevelopment Project Area.
SECTION 3. The City Council hereby finds and determines, based on substantial
evidence in the record including, but not limited to, the Agency's Original Report to Council for
the Project, the Agency's Report for this Amendment, and all documents referenced therein, and
evidence and testimony received at the joint public hearing on adoption of the Amendment, and
as described in Ordinance No 3343, that:
a. The Project Area and the portion thereof affected by the Amendment continues to
be blighted, to the extent not redeveloped, 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 seg.);
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b. The Redevelopment Plan, as amended, will redevelop the Project Area in
conformity with the California Community Redevelopment Law and in the
interests of the public peace, health, safety and welfare.
C. The adoption and carrying out of the Redevelopment Plan, as amended, is
economically sound and feasible.
d. The Redevelopment Plan, as amended, conforms to the General Plan of the City,
including, but not limited to, the Housing Element, which substantially complies
with the requirements of Article 10.6 (commencing with Section 65580) of
Chapter 3 of Division 1 of Title 7 of the Government Code.
C. The carrying out of the Redevelopment Plan, as amended, will promote the public
peace, health, safety and welfare of the City, and will effectuate the purposes and
policies of the Community Redevelopment Law.
f. The condemnation of real property, as provided for in the Amendment, is
necessary to the execution of the Redevelopment Plan, as amended„ and adequate
provisions have been made for the payment for property to be acquired as
provided by law.
g. The Agency has a feasible method and plan for the relocation of families and
persons who might be displaced, temporarily or permanently, from the Project
Area. Families and persons shall not be displaced prior to the adoption of a
relocation plan pursuant to the Community Redevelopment Law,
The Agency has a comprehensive program for the relocation of persons, families,
businesses or tenants displaced by Agency project activities. When such
displacement occurs, the Agency will provide persons, families, business owners
and tenants displaced by Agency activities with monetary and advisory relocation
assistance consistent with the California Relocation Assistance Law (Government
Code, Section 7260 et seq.), the State Guidelines adopted and promulgated
pursuant thereto, Relocation Assistance Rules adopted by the Agency and the
provisions of the Redevelopment Plan, as amended,.
h. There are, or shall be provided, in the Project Area or in other areas not generally
less desirable in regard to public utilities and public and commercial facilities and
at rents or prices within the financial means of the families and persons who might
be displaced from the Project Area, decent, safe and sanitary dwellings equal in
number to the number of and available to displaced families and persons and
reasonably accessible to their places of employment. Dwelling units housing
persons and families of low- or moderate-income shall not be removed or
destroyed prior to the adoption of a replacement housing plan pursuant to
provisions of the Community Redevelopment Law.
No person or family will be required to move from any dwelling unit until suitable
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relocation housing is available for occupancy, and that such housing must meet
the standards established in State law and regulations. In addition, the Agency's
program includes provisions for the replacement of low and moderate income
housing removed from the market as a result of Agency activities.
i. 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.
The continued existence of blighting influences, including deterioration,
dilapidation, multiple ownerships, and the lack of adequate public improvements
and facilities, and the inability of individual owners and developers to
economically remove these and the other blighting influences requires substantial
assistance of the Agency. The private sector investment in the Project Area will
require significant public sector subsidy. Acting alone, the private sector has not
been willing or able to stem or reverse the conditions of blight. In order to correct
these physical and economic conditions, the Agency needs additional power to
acquire property through the use of eminent domain necessary to complete the
eradication of blight within the Project Area.
J. The Project Area is a predominantly urbanized area as defined in the Community
Redevelopment Law.
k. 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,
and pending the development of the facilities there will be available to displaced
occupants adequate temporary housing facilities at rents comparable to those in
the community at the time of their displacement.
SECTION 4. All written and oral objections to the Amendment filed with and
presented to the City Council and all written responses thereto, have been considered by the City
Council at the time and in the manner required by law, and such written and oral objections are
hereby overruled.
SECTION S. Section 3.f.ii of Ordinance No. 3343 is hereby amended as follows:
ii. Within the Main-Pier Area(Original and Added), and except as to those
properties which lie within the Eminent Domain Overlay Area as shown on
Exhibit E to the Redevelopment Plan as amended, the Agency shall not have the
authority to acquire, by condemnation, property on which persons legally reside.
SECTION 6. In order to implement and facilitate the implementation of the
Redevelopment Plan, as amended, as hereby approved, this City Council hereby declares its
intention to undertake and complete any proceeding necessary to be carried out by the City of
Huntington Beach under the provisions of the Redevelopment Plan, as amended.
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SECTION 7. Except as provided in this Ordinance, all findings and other
provisions of Ordinance No. 3343 shall remain in full force and effect with respect to the Project
Area.
SECTION 8. If any part of this Ordinance or the Amendment 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, as amended, and this Council hereby
declares that it would have passed the remainder of the Ordinance or approved the remainder of
the Redevelopment Plan, as amended, if such invalid portion thereof had been deleted.
SECTION 9. This Ordinance shall become effective thirty(30) days after its
adoption.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on the 18th day of October 1999.
Mayor
ATTEST: APPROVE AS TO FORM:
4
City Cleric 71r City Attorney
REVIEWED AND APPROVED: INITIATED AND APPROVED:
City dministrator ilfrector of Economic Development
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EXHIBIT A
TO
ORDINANCE NO. 3436
1999 AMENDMENT TO THE HUNTINGTON BEACH
REDEVELOPMENT PLAN
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6r-d. 3�3 b
1999 AMENDMENT TO THE
REDEVELOPMENT PLAN FOR THE
HUNTINGTON BEACH REDEVELOPMENT PROJECT
The merged Redevelopment Plan for the Huntington Beach Redevelopment Project, adopted on
December 16, 1996 by Ordinance 3343 (the "Plan"), is hereby amended as follows:
Table of Contents (second page) of the Plan is hereby amended to read as follows:
"Exhibit A: Project Area Maps
Exhibit B: Legal Descriptions
Exhibit C: Public Facilities and Infrastructure Improvements Projects
Exhibit D: Oakview Public Acquisition Map
Exhibit E: Main-Pier Residential Eminent Domain Overlay Map" [
Section 101 (page 1) of the Plan is hereby amended to read as follows:
"SECTION I. (100) INTRODUCTION
A. (101) General
This is the Redevelopment Plan for the Huntington Beach Redevelopment Project
("Plan"), located in the City of Huntington Beach, County of Orange, State of California.
It consists of the text (Sections 100 through 1200), the Project Area Map of Huntington
Beach Redevelopment Project Area ("Project Area") (Exhibit A), the legal description of
the Project Area boundaries (Exhibit B), a listing of the proposed public facilities and
infrastructure improvement projects (Exhibit C), a map of the properties potentially
subject to acquisition by eminent domain within the Oakview Area (Exhibit D), and a
map of the properties on which any persons legally reside which are potentially subject to
ac uisition by eminent domain within the Original and Added Main-Pier Areas (Exhibit
[No further revisions to this section.]
Section 603 (page S) of the Plan is hereby amended to read as follows:
"B. (602) Property Acquisition
1. (603) Accluisition of Real Pro ert
Without limitation, the Agency may acquire real property, any interest in
property, and any improvements on such property by any means authorized by
law including, without limitation, by gift, grant, exchange, purchase, cooperative
negotiations, lease, option,bequest, or devise.
In addition, the Agency may acquire real property, any interest in property, and
any improvements on such property by eminent domain, with the following
exceptions:
huntbch%99a ndmenAamendtext 1 10/11/99
a. Within the Yorktown-Lake Area and Talbert-Beach Area, the Agency shall
not have the authority to acquire property by eminent domain,
b. Within the Original Main-Pier Area and Added Main-Pier Area, the Agency
shall not have the authority to acquire, by eminent domain, property on
which any persons legally reside unless such property is located within the
Main-Pier Residential Eminent Domain Overlay Area as shown on Exhibit E;
and this new limitation shall supersede any and all previous limitations on the
Agency's powers of eminent domain within the Original and Added Main-
Pier Areas including, but not limited to, Resolution No. 48, and
c. Within the Oakview Area, the Agency shall not have the authority to acquire,
by eminent domain, property which is excluded from the Oakview Public
Acquisition Map, incorporated herein as Exhibit D.
adep6eii ef the efdinaiiee adeptifig this Plan. -With respect to pr-epeA4es identified
on Exhibit D, no eminent domain pr-aeeedkig to aecIiiiFe pfaperty in the Oakview
Area shm bhea;e eneed after- twelve (12) years following t4e Jiil} 9, 1989
Qakview RedeN,elepff�eRt Pr-pjeet. This Plan does net amend, of ether-wise
ehange, the A.ron eye.. o eft dei�. i authorities established by the nrl..ptien of
Ordina zee No. 3002.
The time limitations on the commencement of eminent domain shall be as
follows:
1) Properties subject to eminent domain within the Oakview Area - no eminent
domain action shall commence after July 5, 2001.
2) Properties within the Main-Pier Residential Eminent Domain Overlay Area
OExhibit E) - no eminent domain action shall commence after ,
2011.
3) All other areas subject to eminent domain by this Plan - no eminent domain
action shall commence after December 16, 2008.
Such time limitations may be extended only by amendment of this Plan.
To the extent required by law, 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
structural alteration, improvement, modernization or rehabilitation; or (2) the site
or lot on which the building is situated requires modification in size, shape or use;
or (3) it is necessary to impose upon such property any of the standards,
restrictions and controls of this Plan and the owner fails or refuses to participate in
the Plan pursuant to Sections 605 to 609, inclusive of this Plan and applicable
provisions of the Redevelopment Law."
huntbch199a ndm ntI m Udtext 2 10/11/99
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EXHIBIT E
MAIN-PIER RESIDENTIAL EMINENT DOMAIN
OVERLAY
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Ord. No. 3436
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) Ss:
CITY OF HUNTINGTON BEACH }
I, CONNIE BROCKWAY, the duly elected, qualified City Clerk of the
City of Huntington Beach, and ex-officio Clerk of the City Council of 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 re ular meeting thereof held on the 20th day of September, 1999, and was again
read to said City Council at a re ular meeting thereof held on the 18th day of
October, 1999, and was passed and adopted by the affirmative vote of at least a
majority of all the members of said City Council.
AYES: Green, Dettloff, Harman, Sullivan
NOES: None
ABSENT: Julien
ABSTAIN: Bauer, Garofalo
1,Connie Brockway CITY CLERK of the City of
Huntington Beach and ex-officio Clerk of the City
Council,do hereby certify that a synopsis of this
ordinance has been published in the Independent on e
G o?� ,19 / g
In accordance with the City Charter of said City City Clerk and ex-officlo C erk
Connie Brockway City Clerk of the City Council of the City
Deputy City Clerk of Huntington Beach, California
Glordinanc/ordbkpg
10/19/99
3