Loading...
HomeMy WebLinkAboutRedevelopment Agency - 74 RESOLUTION NO. 74 A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH APPROVING THE RE- DEVELOPMENT PLAN FOR THE MAIN-PIER REDEVELOPMENT PROJECT PLAN AMENDMENT NO. 1 AND CERTIFYING AS TO ITS REVIEW OF THE NEGATIVE DECLARATION WITH RESPECT TO THE REDEVELOPMENT PLAN AMENDMENT AND MAKING CERTAIN FINDINGS WHEREAS, the Redevelopment Agency of the City of Huntington Beach (the "Agency") has prepared an amended Redevelopment Plan for the Main- Pier Redevelopment Project Plan Amendment No. 1 (the "Redevelopment Plan Amendment") and has filed its Report on the Redevelopment Plan Amendment with the City Council of the City of Huntington Beach; and WHEREAS, the Planning Commission of the City of Huntington Beach has approved and forwarded to the Agency its report and recommendation that the proposed Redevelopment Plan Amendment for the Project is in conformity with the General Plan of the City of Huntington Beach and has recommended approval of said Redevelopment Plan Amendment; and WHEREAS, the Agency has prepared and approved a Negative Declaration with respect to the adoption of the Redevelopment Plan Amendment; and WHEREAS, pursuant to notice duly given, the Agency and the City Council of the City of Huntington Beach have held a full and fair public hearing on the proposed Redevelopment Plan Amendment and the Negative Declaration; and WHEREAS, the City Council has approved and certified as to its re- view a final EIR with respect to the Downtown Specific Plan (No. 82-2) (the "prior EIR") . NOW, THEREFORE, the Community Redevelopment Agency of the City of Huntington Beach does hereby resolve as follows; Section 1: A full and fair public hearing having been held on said Negative Declaration and the Agency having considered all comments re- ceived thereon, which comments and responses thereto have been attached to said Negative Declaration and incorporated therein, the Negative De- claration is hereby approved and adopted as the Negative Declaration for the adoption of the Redevelopment Plan Amendment. Section 2 : The Agency hereby certifies that the Negative Declaration for the adoption of the Redevelopment Plan Amendment has been completed in compliance with the California Environmental Quality Act of 1970 and the State and local environmental guidelines and regulations and that it has reviewed and considered the Negative Declaration and the information contained therein. Section 3 : The Agency hereby finds with respect to any adverse en- vironmental impacts: a. Any adverse environmental impacts associated with the adoption of the Redevelopment Plan Amendment have been considered and recog- nized by the Agency and the City Council. b. That comments and responses made during the public hearing of the Agency and City Council have been considered and recognized by the Agency. C. That, based on the information set forth in the Negative Decla- ration, the Agency finds and determines that measures to mitigate certain environmental impacts exist and will be implemented and will reduce any significant environmental effects to an insignificant level. d. That, as to certain adverse impacts associated with long-term air quality impacts, the Agency finds and determines that said ad- verse impacts cannot be entirely mitigated due to the involvement of activities outside the jurisdiction of the Agency and the City of Huntington Beach. Section 4 : The Agency hereby finds and determines that all potential impacts on the environment cannot be entirely or feasibly eliminated. The Agency hereby finds that the beneficial economic and social effects of the amended Project override such potential adverse impacts. Section 5 : All steps required by law for the adoption of the Re- development Plan Amendment having been taken and the full and fair public hearing having been held on the Redevelopment Plan Amendment, the Agency having considered all oral and written comments and testimony relating thereto, hereby overrules all objections and approves said Redevelopment Plan Amendment, attached hereto as Exhibit "A" and by this reference in- corporated herein. Section 6 : The Agency hereby finds and determines that measures have been incorporated into the Redevelopment Plan Amendment which will mitigate or avoid any significant environmental affects that can feasibly be mitigated or avoided thereof to an insignificant level. Section 7: The Chief Executive Officer of the Agency, in cooperation with the Agency Secretary, is hereby authorized and directed to file with the County Clerk of the County of Orange, a Notice of Determination, pursuant to 14 California Administrative Code Section 51085 (h) . Section 8 : The Agency hereby finds and determines that the use of tax increment funds outside of the boundaries of the amended 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 amended Project. Section 9 : The Agency finds that the pri.o.r. EIR is sufficient and that no changes are proposed in the project which will require revision to the prior EIR, that no substantial changes in the circumstances under which the project is to be undertaken have occurred, and that no new in- formation of substantial importance has become available since the appro- val of the prior EIR. The Agency hereby finds that the environmental effects of the approval of the Downtown Specific Plan and the adoption of the amendment to the Main-Pier Redevelopment Plan are similar enough to warrant the same treatment in an EIR, and that the prior EIR will adequately cover the impacts of the adoption of the amendment to the Main-Pier Redevelopment Plan. Section 10 : This resolution shall take effect immediately upon its adoption. PASSED AND ADOPTED this 18th day of July , 1983 . ATTEST: Agency Clerk Chairperson APPROVED AS TO FORM: INITIATED AND APPROVED AS TO CONTENT: r ` AT - OL� v�MvliL�. J cy "VCDirector, Business & Industrial Enterprise APPROVED AS TO FORM: S c' Ag y Counsel APPROVED: Chief Executive Officer Exhibit A of Ordinance No. 2634 1 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 2 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 1 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 A. Redevelopment Project Area Map 20 r 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 1 hereto as Exhibit "A" and the legal description attached hereto as Exhibit "B". —1— "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 reap 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 irr,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. 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. j -- Relocation assistance to displaced residential occupants as required by law. —3— -- 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 priorities 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 ti —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. 2.3.2 Moving of Structures As is necessary in carrying ocrt 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 building is safe for people and/or businesses to occupy, or (2) the site or lot 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 participate in the Plan by executing a participation agreement. The Agency shall define the circumstances to which this section is applicable. 1 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. —7— 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. I n 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 sold, 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. r 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. )t -- 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 rnay 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 easernents may be created by the Agency and the City in the Project Area as needed for proper development, circulation and access. -- Serni-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 .411 real property in the Project Area is hereby made subject to the controls and requirements of this Plan. Furthermore, the Agency may, if it deerns 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. l 1 —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, mousing, 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 :odes 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. i -- 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. -- Si g ns 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 rninor 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 rninor 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 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 project. 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 I� 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 Subsection. 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. 1 —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 communl y, 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. •, L �I�TiI�I�I� I�I � 7�I I .vr Mnxd' g : 7' vr 6 7 j.9 Kid_ �- i Y 1 fi k SIC— I -- O 1 i 28 ; soI I low �� - ►I�I��1•I ,aft amINo Low ImIiIowl m x J. - . C-+ MAIN - PIER REDEVELOPMENT PROJECT AREA o,4 LLL`IL� c ✓� �Ji\ 1UUL it jF , 7If' ir- r� r�- � , I I� �- -, � r Y I L LJ LL L-1 J �L-�.Jj LLl LL �- J L; �_.O i L - F r _� L J \ \ FT ' ll uJELJ Lill' L� LLI � �J' LJI ,� LJ �J J ULI ;r 12 LL-i Lit : tl_!J°' iL_J=Li l�� ,I �l_Jf + J��.�¢t li I C� C1I M -, 'D - � - r- CITY OF HUNTINGTON BEACH MAIN-PIER PLAN AMENDMENT NO. 1 F -� tr 0 rr Exhibit "B" LEGAL DI"SCR1PT1ON MAIN-PIER REDEVELOPMENT PROJECT AREA Iliat 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 tar the intersection with the southwesterly extension of the southeast line of Lake Street; thence along said mentioned extension South 410 38' 18" Nest 50 feet to the `Prue Point of Beginning, said point being distant Southeast 18. ?1 ' Fast 16SS feet along the south%VCSt 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 525 feet -more or less along said extension to r.he High Tide Line of the Pacific Ocean; thence northwesterly 910 feet more or less along said High Tide Line to a line parallel with and 35 feet southeasterly measured at right angles .From the southwesterly extension of the line of Mnin Street as shown on said KV of Huntington 13cach; thence al(ang 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 IILUItington Beach Municipal Pier; thence North 480 21 ' 42" Best 145 feet along said parallel line to a Line parallel with and 3S feet northwesterly measured at right angles, from the southwesterly extension of the northwest line of 1.1Lain Stret-: : thence North 410 38' 18" East 1470 feet to the Iligh Tide Line of the Pacific Ocear.: thence northwesterly 600 feet more or less along said Iligh Tide Line to the southwesterly extension of the northwest line of Sixth Street; thence 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 feet .in width, 30 feet either side of centerline, said point being distant North 410 38' 18" East along siiid northwest line S10 feet from the southwest line of Pacific Coast Highway; thence along said northeast line of Walnut Avenue South 480 21 ' 42" East 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 s.ide..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 410 38' 18" West 254 feet to* the True Point of Beginning. -22- EXHIBIT "B" (cont. ) LEGAL DESCRIPTION MAIN-PIER REDEVELOPMENT PROJECT AREA 1 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 89 037 ' 06 " east 20 . 00 feet to the true point of beginning; thence south 0040100" east 1 , 320 . 00 feet to a point; thence south 89043 ' 00" 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 0000 ' 11" west 2 , 640 . 00 to a point; thence north 89058 ' 15" west 262 . 10 feet to a point; thence south 0000100" east 294 . 10 feet to a point; thence north 89057 ' 13" west 375 . 15 feet to a point; thence south 41038118" 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 48021 ' 42 " west 15 . 00 feet to a point; thence south 41038 ' 18" 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 46030 ' 00" east 5 , 628 . 00 feet to a point; thence north 41038 ' 18" east 990 . 00 feet to a point; thence south 480 21 ' 42"east 1 ,330 . 00 feet to a point; thence south 10009 ' 04" east 414 . 00 feet to a point; thence south 41038 ' 18" 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 89036 ' 56 " east 469 . 56 feet to a point; thence nprth 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. Res. No. 74 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF HUNTINGTON BEACH) I , ALICIA M. WENTWORTH, Clerk of the Redevelopment Agency of the City of Huntington Beach, California, DO HEREBY CERTIFY that the foregoing resolution was duly adopted by the Redevelopment Agency of the City of Huntington Beach at a meeting of said Redevelopment Agency held on the 18th day of July Ig 83 , and that it was so adopted by the following vote: AYES: Members: Kelly, MacAllister, Bailey NOES: Members: Finley ABSENT: Members: Pattinson, Thomas (out of room) , Mandic (out of room) Jerk of the Redevelopment Agency of the City of Huntington Beach, Ca.