Loading...
HomeMy WebLinkAboutOrdinance #3561 ysv.707 ORDINANCE NO. 3561 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH APPROVING AND ADOPTING THE REDEVELOPMENT PLAN FOR THE SOUTHEAST COASTAL REDEVELOPMENT PROJECT WHEREAS, the Redevelopment Agency of the City of Huntington Beach, California ("the Agency") has formulated and prepared the proposed Redevelopment Plan ("Redevelopment Plan") for the Southeast Coastal Redevelopment Project ("Redevelopment Project"); and A Final Environmental Impact Report ("Final EIR") for the Redevelopment Project was prepared pursuant to the California Environmental Quality Act ("CEQA") (Public Resources Code Section 21000 et seq.), and State and Agency Guidelines implementing CEQA, which includes the Draft Environmental Impact Report ("Draft FIR"), the comments made on the Draft FIR and the Agency's written responses to the comments; and The City Planning Commission has made its Report and Recommendation supporting the Redevelopment Plan and finding that the Redevelopment Plan conforms to the General Plan of the City; and The Agency submitted the Redevelopment Plan to the City Council, together with the Report to the City Council which includes: the reasons for selecting the Project Area; a description of the specific projects currently proposed by the Agency in the Project Area, with a description of how these projects will improve or alleviate blighting conditions; a description of the physical and economic conditions existing in the Project Area; an implementation plan that describes the goals and objectives of the Agency, specific projects and programs proposed for the first five years of the Redevelopment Plan, and a description of how these projects and programs will improve or alleviate blighting conditions; an explanation of why the elimination of blight cannot reasonably be expected to be accomplished by private enterprise acting alone or by the use of financing alternatives other than tax increment financing; the proposed method of financing the redevelopment of the Project Area so that the City Council can determine the economic feasibility of the Redevelopment Plan; a plan and method for the relocation of persons and businesses who may be temporarily or permanently displaced from housing or business facilities as a result of implementing the Redevelopment Plan; an analysis of the Preliminary Plan; the Report and Recommendation of the Planning Commission, including the report required by Government Code Section 65402; the Final EIR; the report of the Orange County fiscal officer and the Agency's analysis thereof; a Neighborhood Impact Report; and a summary of the Agency's consultations with affected. taxing entities and response to the taxing entities' concerns regarding the Redevelopment Plan; and The City Council and the Agency held a joint public hearing commencing on June 3, 2002 to consider the approval and adoption of the Redevelopment Plan; and 020rdinance/Southeast Coastal Ord. No. 3561 Notice of said hearing was published in a newspaper of general circulation in the City of Huntington Beach, and a copy of said notice and affidavit of publication are on file with the City Clerk and at the office of the Agency; and Copies of the notice of joint public hearing were mailed to residents and businesses and to the last known assessee of each parcel of land in the Project Area by first class mail; and 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 levies taxes upon property in the Project Area; and By separate Resolutions, the Agency and the City Council certified the Final EIR, made all necessary findings and determinations, and adopted a Statement of Overriding Considerations and a Mitigation Reporting and Monitoring Programs, all pursuant to the requirements of CEQA and its implementing guidelines; and The City Council has considered the Redevelopment Plan, the Agency's Report to the City Council, other recommendations of the Agency, the Report and Recommendation of the Planning Commission, the economic feasibility of the Redevelopment Plan, and the Final EIR; has provided an opportunity for all persons to be heard, has received and considered all evidence and testimony presented for and against any and all aspects of the Redevelopment Plan, including environmental impacts, and has responded in writing to all written objections of affected property owners and taxing agencies delivered prior to or at the joint public hearing. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH DOES ORDAIN AS FOLLOWS: SECTION 1. The City Council hereby finds and determines that all of the foregoing recitals are true and correct. SECTION 2. The purposes and intent of the City Council are the achievement of the following goals and objectives with respect to the Project Area: a. To assist with screening, design., or environmental improvements to mitigate impacts on adjoining neighborhoods and environmentally sensitive areas associated with modernization and reconstruction of the AES power generating plant; b. To advance the cleanup of environmentally contaminated properties; C. To facilitate the reuse of other Project Area properties including the Edison and tank farm properties, by monitoring and assisting hazardous material cleanup activities and ensuring that any ultimate development is compatible with surrounding neighborhoods and properties; d. To facilitate the protection and restoration of environmentally sensitive wetlands in connection with proposed redevelopment activities; -2- 020rdinance/Southeast Coastal Ord. No. 3561 e. To permit the Agency to assist with park and trail improvements if any Project Area properties are designated for such uses; f. Undertake public improvements in, and of benefit to, the Project Area, such as streets, flood control facilities, and other public facilities; g. To ensure that Project Area revenues are pledged to projects that directly benefit the area, and that the Project Area remains separate and distinct from the Agency's existing Huntington Beach Redevelopment Project Area; h. To restrict the use of eminent domain to any non-fee ownership interests such as oil and gas leases; i. Eliminating blight and environmental deficiencies in the Project Area; j. Assembling of land into parcels suitable for modern, integrated development with improved pedestrian and vehicular circulation in the Project Area; k. Replanning, redesigning, and developing properties, which are stagnant or improperly utilized; and 1. Increasing, improving and preserving the community's supply of housing affordable to very low, low and moderate income households. SECTION 3. The City Council hereby approves and adopts the proposed Redevelopment Plan for the Southeast Coastal Redevelopment Project. The Redevelopment Plan, as amended from time to time, shall collectively be referred to as the Redevelopment Plan, The Redevelopment Plan, the map and legal description contained therein, and such other documents as are incorporated therein by reference, having been duly reviewed and considered, are hereby incorporated in this Ordinance by reference and made a part hereof, and as so incorporated are collectively hereby designated, approved, and adopted as the official Redevelopment Plan for the Project Area. SECTION 4. The City Council hereby finds and determines, based on substantial evidence in the record, including, but not limited to, the Agency's Report to Council, and all documents referenced therein, oral and written staff reports, evidence and testimony received at the joint public hearing on adoption of the Redevelopment Plan, and written responses to written objections, that: a. The Project Area is a blighted area, the redevelopment of which is necessary to effectuate the public purposes declared in the Community Redevelopment Law (Health and Safety Code Section 33000 et seq.), and the blight cannot be reasonably expected to be eliminated without the redevelopment tools afforded under the Redevelopment Plan. This finding is based upon, but not limited to, the following physical and economic conditions which characterize the Project Area and are contained in the Report to City Council: the existence of the AES generating facility, an obsolete 44-year old gas-fired power plant which emits twice as much fuel and toxic emissions than a modern plant capable of generating the same amount of energy; -3- 02Qrdinance/Southeast Coastal Ord. No. 3561 serious environmental impacts as a result of the power plant's release of nitrous oxides, volatile organic compounds, carbon monoxide, ozone (03) and particulate matter less than 10 microns in diameter (PM-10); the existence of environmentally sensitive uses adjacent to the power plant, such as coastal open spaces, residential neighborhoods, public parks, and a high school; potential violations of State ambient air quality standards when certain peaker units of the power plant are operated; the existence of the Ascon/NESI landfill which has been designated as a Superfund site due to serious toxic contamination; public health and safety concerns associated with neighborhood adults and children trespassing onto the landfill site despite perimeter fencing and posted notices; existence of waste pits and lagoons at the landfill site which present a continuous source of chemicals that can migrate to on-site and off-site receptors through the air and ground water; the additional costs of remediation and off-site improvements needed for development of the landfill site which indicate that total development costs would exceed total project value, resulting in a financially infeasible project which discourages private development; and the physical and economic conditions of both the power plant and landfill which cause property values of the surrounding residential properties to be lower than those of other coastal property in the City. b. The Redevelopment Plan will redevelop the Project Area in conformity with the Community Redevelopment Law and in the interests of the public peace, health, safety and welfare. This finding is based upon, but not limited to, the following which shows that the purposes of the Community Redevelopment Law would be attained, by programs and projects of redevelopment activities proposed by the Agency that will systematically address the conditions of blight within the Project Area. The Agency proposes to implement the following programs: commercial rehabilitation and economic development programs that result in the redevelopment of obsolete structures and clean-up of contaminated properties, such as redevelopment of the Ascon/NESI landfill, transition of existing obsolete uses, and assistance with mitigating the environmental impacts associated with modernization and reconstruction of the AES power plant; City-wide affordable housing programs that will invest housing set-aside funds into the creation or rehabilitation of housing for low and moderate income households throughout the City; infrastructure programs such as storm drain projects to facilitate future development and improve inadequate facilities, flood control projects to complete channel linings and to implement flood management programs, street improvements to widen streets and install/upgrade traffic signals, water system projects to install new water mains and a new water reservoir and pump station, streetscape projects along Pacific Coast Highway and other arterials serving the Project Area, and recreational/open space projects to protect environmentally sensitive areas, restore wetlands, and work with State, County and nonprofit agencies on recreational, beach paths and other improvements to open spaces; and public facility programs to develop and renovate community facilities such as —4- 02 Ord inance/Southeast Coastal Ord. No. 3561 Edison Community Center, Edison Park and Edison High School and neighborhood schools. C. The adoption and carrying out of the Redevelopment Plan is economically sound and feasible. This finding is based upon, but not limited to, the financial provisions of the Redevelopment Plan authorizing the Agency to finance Redevelopment Plan implementation activities with financial assistance from the City, the State, the Federal government, tax increment funds, interest income, Agency bonds, donations, loans from private financial institutions, the lease or sale of Agency- owned property, participation in development or any other available sources, both public or private. Potential revenue sources include tax increment revenues; proceeds from tax increment bonds; and notes, loans, grants and contributions from the City, the County, the State, the Federal government and project developers. The financial feasibility is determined on a cash flow basis which is a projection of assumed annual resources and expenditures spanning the effectiveness period of the Redevelopment Plan. The analysis provides a method for determining the economic feasibility or sufficiency of resources to implement the Redevelopment Plan on an annual, as well as an aggregate basis, and a determination of the potential effects of inflation on the annual program costs to the Agency. The cash flow projection shows that implementation of the Redevelopment Plan in the Project Area is feasible under the assumptions explained and within the following general parameters: that actual timing and costs of the Redevelopment Plan are as projected; and, that new development activities will occur as projected assuming the continuation of necessary Agency assistance. The existence of the cash balance at the termination of the Redevelopment Plan indicates that the Project Area is economically feasible given the assumptions underlying the cash flow, and that even with some adverse adjustments to the assumptions, the Project Area would remain economically feasible. d. The Redevelopment Plan is consistent with the General Plan, including, but not limited, to the Housing Element, which substantially complies with applicable legal requirements of Article 10.6 (commencing with Section 65580) of Chapter 3 of Division 1 of Title 7 of the Government Code. This finding is based upon, but not limited to, the Report and Recommendation of the Planning Commission. e. The carrying out of the Redevelopment Plan will promote the public peace, health, safety and welfare of the City, and will effectuate the purposes and policies of the Community Redevelopment Law. This finding is based upon, but not limited to, the fact that under the Redevelopment Plan the Agency will be able to address and correct conditions of —5- 020rdinance/Southeast Coastal Ord. No. 3561 blight in the Project Area and, by coordinating public and private actions, to stimulate development, contribute toward needed public improvements, improve economic and physical conditions in the Project Area, and increase employment opportunities in the Project Area and the City of Huntington Beach. f. The condemnation of real property non-fee ownership interests such as oil and gas leases as provided in the Redevelopment Plan is necessary to the execution of the Redevelopment Plan and adequate provisions have been made for payment for property to be acquired as provided by law. This finding is based upon, but not limited to, the need to ensure that the provisions of the Redevelopment Plan limiting the use of eminent domain to non- fee ownership interests such as oil and gas leases will be carried out to eliminate and prevent the recurrence of blight, subject to the limitations contained in the Redevelopment Plan, and the fact that no property will be acquired unless adequate funds are available to pay full compensation therefor in accordance with law. g. The Agency has a feasible plan and method for the relocation of families and persons displaced from the Project Area. This finding is based upon, but not limited to, the Agency's comprehensive program for the relocation of persons, families, businesses or tenants displaced by Agency project activities. No residential uses exist within the Project Area. When and if any 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, the Plan and Method of Relocation for the Southeast Coastal Redevelopment Project ("Relocation Plan") adopted by the Agency, the Rules and Regulations for Implementation of the California Relocation Assistance and Real Property Acquisition Law adopted by the Agency, and the provisions of the Redevelopment Plan. The Relocation Plan shall be automatically modified from time to time by the State Guidelines or Agency Relocation Rules and Regulations, as same may be adopted, updated, amended, and/or supplemented from time to time. h. There are, or shall be provided, within the Project Area, or 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 any families and persons displaced from the Project Area, decent, safe and sanitary dwellings equal in number to the number of and available to the displaced families and reasonably accessible to their places of employment, in accordance with State law and regulations and the Relocation Plan. Families and persons shall not be displaced prior to the adoption of a relocation plan pursuant to Community Redevelopment Law Sections 33411 and 33411.1. Dwelling units housing persons and families of low or moderate income shall not be removed or destroyed prior to the adoption 020rdinance/Southeast Coastal Ord. No. 3561 of a replacement housing plan pursuant to provisions of Community Redevelopment Law Sections 33334.5, 33413 and 33413.5. This finding is based upon, but not limited to, the fact that no person or family will be required to move from any dwelling unit until suitable relocation housing is available for occupancy, and that such housing must meet the standards established in State law and regulations and the Relocation Plan. No residential uses exist within the Project Area. i. Inclusion of any lands, buildings, or improvements which are not detrimental to 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 and is not included solely for the purpose of obtaining the allocation of tax increment revenues from the area pursuant to Section 33670 of the Community Redevelopment Law without other substantial justification for its inclusion. The justification in part for inclusion of any such properties is that they are necessary: to plan and carry out redevelopment of the Project Area as a uniform whole in order to effectuate redevelopment of the Project Area; to impose uniform requirements over geographically defined and identified areas of the City; because such properties are impacted by the substandard conditions existing on surrounding properties, and correction of such conditions may require the imposition of design, development, or use requirements on the standard properties in the event they are rehabilitated or redeveloped by their owners; because such properties will share in the physical, social and economic benefits which accrue to the area through the elimination of substandard conditions, including the replacement or provision of new public improvements and facilities within or serving the entire Project Area; and because such properties are part of an area found to be blighted. j. 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, but not limited to, the existence of blighting influences and the inability of individual owners and developers to economically remove these blighting influences without substantial public assistance. Current conditions in the Project Area are such that the normal returns sought by investors are not likely to materialize. The owner of the AES generating facility states it is unable to consider any efforts to demolish and reconstruct a new power plant facility until it has recouped the costs of interim improvements made to meet the energy crisis, which recoupment may take as long as ten years. Since 1984, two developers have gone bankrupt trying to redevelop the Ascon/NESI landfill site. Because of the presence of hazardous materials on the Ascon/NESI landfill site, clean-up and redevelopment of the site is not economically viable. Both the AES generating facility and Ascon/NESI landfill site contribute to the undesirability of —7- 020rdinancelSoutheast Coastal Ord. No. 3561 the Project Area to developers, and cause property values of the surrounding residential properties to be lower than those of other coastal property in the City. These are all indicators of conditions where financial returns are not sufficient to encourage new investment or rehabilitation of properties. k. The Project Area is predominantly urbanized as defined in subdivision (b) of Section 33320.1 of the Community Redevelopment Law. This finding is based upon, but not limited to, the fact that 85.56% of all property in the Project Area has been developed for urban uses, is characterized by physical and economic blight conditions and is an integral part of an area developed for urban uses. 1. The time limitations that are contained in the Redevelopment Plan are reasonably related to the proposed projects to be implemented in the Project Area and to the ability of the Agency to eliminate blight within the Project Area. This finding is based in part upon the fact that the analysis to determine the economic feasibility of the Project Area was projected on a cash flow basis assuming annual resources and expenditures and redevelopment strategies throughout the term of the Redevelopment Plan. The analysis projects the redevelopment activities, actual timing and costs until termination of the Redevelopment Plan. in. The City Council is satisfied that permanent housing facilities will be available within three (3) years from the time any occupants of the Project Area are displaced and that, pending the development of the facilities, there will be available to the displaced occupants adequate temporary housing facilities at rents comparable to those in the community at the time of their displacement. This finding is based in part upon the Agency's assurances regarding displaced residents and relocation housing and the procedures involved in implementing the Agency's Relocation Plan for the Project Area. No residential uses exist within the Project Area. SECTION 5. All written and oral objections to the Redevelopment Plan, if any, filed with and presented to the City Council and any 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 6. In order to implement and facilitate the implementation of the Redevelopment Plan 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. SECTION 7. The City Clerk is hereby directed to send a certified copy of this Ordinance to the Agency, whereupon the Agency is vested with the continued responsibility for carrying out the Redevelopment Plan. -8- 020rdinance/Southeast Coastal Ord. No. 3561 SECTION 8. 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 this Council hereby declares that it would have passed the remainder of the Ordinance or approved the remainder of the Redevelopment Plan as if such invalid portion thereof had been deleted. SECTION 9. This ordinance shall take effect thirty 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 17th day of Tune 52002. Mayor ATTEST: APPROVED AS TO FORM: max.. . ._...._ City Clerk C't ttorney REVIEWED AND APPROVED: INITIATED AND APPROVED: City Ad nistrator Director of Economic Development g_ 020rdinancc/Southeast Coastal Ord. No. 3561 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 regular meeting thereof held on the 3rd day of.Tune,2002, and was again read to said City Council at a regular meeting thereof held on the 17th day of June,2002, and was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council. AYES: Green,Houchezn,Winchell,Bauer NOES: Boardman, Cook ABSENT: Dettloff ABSTAIN: None I,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 Huntington Beach Fountain Valley Independent on .Tf MEI T , 2002 In accordance with the City Charter of said City City Clerk and ex-officio Clerk Connie Brockway.City Clerk of the City Council of the City Det?uty City Clerk of Huntington Beach, California