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HomeMy WebLinkAboutOrd 1998-2735ORDINANCE NO. 2735 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AND ADOPTING THE REDEVELOPMENT PLAN AMENDMENT NO. 5 FOR THE TOWN CENTRE I REDEVELOPMENT PROJECT WHEREAS, the City Council of the City of Chula Vista (the "City Council") adopted Ordinance No. 1691 on July 6, 1976, approving and establishing the Redevelopment Plan for the Town Centre I Redevelopment Project (the "Project") and the City Council has since amended said Redevelopment Plan on July 17, 1979 by Ordinance No. 1872, on April 22, 1986 by Ordinance No. 2146, on January 4, 1994 by Ordinance No. 2585, and on November 8, 1994 by Ordinance No. 2609 (as heretofore amended, the "Existing Redevelopment Plan"); and WHEREAS, the City Council proposes to adopt Amendment Number 5 to the Town Centre I Redevelopment Plan (the "Plan Amendment") in the form submitted herewith and hereby incorporated herein by reference. The Existing Redevelopment Plan as amended by the Plan Amendment shall constitute the "Amended Redevelopmerit Plan". No changes to the territory of the redevelopment project area as heretofore established under the Existing Redevelopment Plan (the "Project Area") are proposed at this time by the Plan Amendment; and WHEREAS, the Chula Vista Redevelopment Agency (the "Agency") is a duly constituted redevelopment agency under the laws of the State of California; and WHEREAS, on April 21, 1998 the Redevelopment Agency and City Council, among other things (1) directed staff to transmit the draft Plan Amendment to the Project Area Committee and the Planning Commission for their recommendation and report, (2) directed staff to transmit the draft Plan Amendment and Preliminary Report thereon to the affected taxing agencies, and (3) set a June 9, 1998 as the date for a joint public hearing before the Agency and the City Council to consider the proposed plan amendment; and WHEREAS, the City Council has received the proposed Plan Amendment from the Agency, together with the Agency's Report to the City Council (the "Report to Council") required pursuant to Section 33352 of the Community Redevelopment Law, California Health and Safety Code Sections 33000, et seq. (the "Community Redevelopment Law"), which includes the reasons for the amendment of the Existing Redevelopment Plan; and WHEREAS, the Project Area Committee, at a special meeting held on April 27, 1998, and the Planning Commission of the City of Chula Vista ("Planning Commission"), after a duly noticed public hearing held on May 27, 1998, recommended the approval of the Plan Amendment; and WHEREAS, the Planning Commission has submitted to the City Council its report and recommendations concerning the Amended Redevelopment Plan recommending its approval and certifying that the Amended Redevelopment Plan conforms to the General Plan for the City; and Ordinance 2735 Page 2 WHEREAS, the City Council and the Agency held a joint public hearing on June 9, 1998 on the adoption of the Amended Redevelopment Plan; and WHEREAS, notice of said hearing was duly and regularly published in a newspaper of general circulation in the City, once a week for four successive weeks prior to the date of said hearing, and a copy of said notice and an affidavit of publication are on file with the City Clerk and the Agency; and WHEREAS, copies of the notice of joint public hearing were mailed by first-class mail to the last known assessee of each parcel of land in the Project Area at his or her last known address as shown on the last equalized assessment roll of the County of San Diego; and WHEREAS, copies of the notice of the joint public hearing were mailed by first-class mail to all residents and businesses in the Project Area at least thirty (30) days prior to the hearing; and WHEREAS, copies of the notice of the joint public hearing were mailed by certified mail with return receipt requested to the governing body of each taxing agency which receives taxes from property in the Project Area; and WHEREAS, the Agency and the City have each independently found and determined that, for certain significant effects identified by the Final EIR, mitigation measures and a Mitigation Monitoring Plan therefor have been required in, or incorporated into, the Amended Redevelopment Plan which avoid or substantially lessen such effects; and WHEREAS, the Agency and City have each independently found and determined that potential mitigation measures or project alternatives not incorporated into the Amended Redevelopment Plan (including the "No Project" alternative) were rejected as infeasible based upon specific environmental, economic, legal, social, technological or other considerations as set forth in the Final EIR; and WHEREAS, the Agency, as the lead agency, and the City, as a responsible agency, have certified the adequacy of the Final EIR submitted pursuant to Public Resources Code Section 21151 and Section 33352 of the Community Redevelopmerit Law; and WHEREAS, the City Council has considered the report and recommendation of the Planning Commission, the Report to Council, the Amended Redevelopment Plan and its economic feasibility, and the Final EIR, has provided an opportunity for all persons to be heard, and has received and considered all evidence and testimony presented for or against any and all aspects of the Amended Redevelopment Plan and has made written findings in response to each written objection of an affected property owner and taxing entity filed with the City Clerk before the hour set for such joint public hearing. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CHULA VISTA DOES ORDAIN AS FOLLOWS: Section 1. The purposes and objectives of the City Council with the Plan Amendment respect to the Project Area are to accomplish the following: Ordinance 2735 Page 3 Establish a new 12-year time period to commence eminent domain activities, to enable the Agency to continue to effectively implement projects involving land assembly through all means, including eminent domain as a last resort. Extend the time frame to incur debt from July 2001 to January 2004, pursuant to the Community Redevelopmerit Law, to ensure the Agency's ability to incur debt necessary to initiate new redevelopment projects or programs in the Project Area. Extend the effectiveness of the Existing Redevelopment Plan, as amended by the Plan Amendment, from July 2001 to July 2016, pursuant to the Community Redevelopment Law, to enable the Agency to continue an active redevelopment program an additional fifteen years. De Extend the time period for Agency collection of tax increment revenue from 2011 to July 2026, to continue to allow a means of financing public improvements and redevelopment activities throughout the term of the Amended Redevelopment Plan. Section 2. The City Council hereby finds and determines, based on the evidence in the record, including, but not limited to, the Report to Council and all documents referenced therein, and evidence and testimony received at the joint public hearing on the adoption of the Amended Redevelopment Plan that: Significant blight remains in the Project Area, and this blight cannot be eliminated without the establishment of additional debt and the utilization of additional tax increment revenues. Conditions of blight which persist within and characterize the Project Area include: 1. The underutilization and mixed character of land uses. The prevalence of small lots that are inadequate for optimal utilization and development, and that restrict the further development and expansion of existing compatible uses. The design limitations in the basic layout and platting, the clutter of utility lines and signs, and an inadequate traffic circulation system. The obsolescence, structural inadequacy, lack of architectural unity, and deterioration of buildings within the area. The general decline and shifting nature of commercial activity within the area; and The decreasing revenue generation capability coupled with an increasing demand on public services within the area, resulting in an economic and staffing burden to the community. Ordinance 2735 Page 4 The Amended 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. Evidence supporting this finding includes the fact that the purposes of the Community Redevelopment Law would be attained through the implementation of the Amended Redevelopment Plan; by the elimination of the physical and economic blighting conditions which exist in the Project Area; by the replanning, redesign and/or redevelopment of areas which are stagnant or improperly utilized, and which could not be accomplished by private enterprise or governmental action, or both, without redevelopment; by protecting and promoting sound development and redevelopment of the Project Area and the general welfare of the citizens of the City by remedying such injurious conditions through the employment of all appropriate means. The adoption and carrying out of the Amended Redevelopment Plan is economically sound and feasible. Evidence supporting this finding includes the fact that under the Amended Redevelopment Plan the Agency will be authorized to seek and utilize a variety of potential financing resources, including property tax increment, interest income, Agency bonds, loans from private institutions, proceeds from the sale or lease of property, financial assistance from the City, County, State of California, Federal Government or any other public agency, or any other legally available source; that the nature and timing of redevelopment assistance will depend on the amount and availability of such financing resources, including tax increment, generated by new investment in the Project Area; and that the financing plan included within the Report to Council demonstrates that sufficient financial resources will be available to carry out the Amended Redevelopment Plan. The Amended Redevelopment Plan is consistent with the General Plan of the City, including, but not limited to, the housing element of the General Plan, 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. This finding is based on the report of the Planning Commission that the Amended Redevelopment Plan conforms to the General Plan, as well as the text of the Redevelopment Plan. The carrying out of the Amended Redevetopment Plan will promote the public peace, health, safety and welfare of the community and will effectuate the purposes and policies of the Community Redevelopment Law. Evidence supporting this finding includes the fact that redevelopment will benefit the Project Area by correcting conditions of blight and by coordinating public and private actions to stimulate development and improve the economic and physical conditions of the Project Area, and by increasing employment opportunities within the City. The condemnation of real property, as provided for in the Amended Redevelopment Plan, is necessary to the execution of the Amended Redevelopment Plan and adequate provisions have been made for payment for property to be acquired as provided by law. Ordinance 2735 Page 5 The Agency has adopted a feasible method and plan for the relocation of families and persons who might be displaced temporarily or permanently from housing facilities in the Project Area. The Agency also has a feasible method and plan for its relocation of businesses. Evidence supporting this finding includes the fact that the Agency has adopted a method of relocation for the Project Area which sets forth a plan for relocation of families and persons who may potentially be displaced by Agency projects, and upon the fact that the Amended Redevelopment Plan provides for relocation assistance according to law, and the fact that such assistance, including relocation payments, constitutes a feasible method for relocation. There are, or shall be provided, within the Project Area or within 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 such displaced families and persons and reasonably accessible to their places of employment. Evidence supporting this finding includes the information contained in the Report to Council that no persons are expected to be displaced as a result of the implementation of the Amended Redevelopment Plan, and that even if some persons were to be displaced there are sufficient existing dwellings which would be available to persons displaced by the implementation of the Amended Redevelopment Plan. Families and persons shall not be displaced prior to the adoption of a relocation plan pursuant to Sections 33411 and 33411.1 of the Community Redevelopment Law, and 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. Evidence supporting this finding includes the fact that the Amended Redevelopment Plan requires the Agency to adopt such a plan prior to any such displacement. 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. Evidence supporting this finding includes the existence of blighting influences as set forth in the Report to Council, and the inability of individual owners and developers to economically remove these blighting influences without substantial public assistance. The time limitation on the allocation of dollars to the Agency as contained in the Amended Redevelopment Plan is 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 upon the fact that the time limitation contained in the Amended Redevelopmerit Plan is consistent with the number of dollars to be allocated to the Agency, the anticipated costs of the public improvement projects proposed to be undertaken by the Agency pursuant to the Amended Redevelopment Plan, and the anticipated time for the Agency to undertake such projects. Ordinance 2735 Page 6 Section 3. The City Council is satisfied that permanent housing facilities will be available within three years from the time residential occupants of the Project Area, if any, are displaced, and that pending the development of such facilities, there will be available to any such displaced residential occupants temporary housing facilities at rents comparable to those in the City at the time of their displacement. Evidence supporting this finding includes the City CounciVs finding that no persons or families of low and moderate income shall be displaced from residences unless and until there is a suitable housing unit available and ready for occupancy by such displaced persons or families at rents comparable to those at the time of their displacement. Such housing units shall be suitable to the needs of such displaced persons or families and must be decent, safe, sanitary and otherwise standard dwellings. Section 4. All written objections to the Amended Redevelopment Plan filed with the City Clerk before the hour set for hearing and all written and oral objections presented to the City Council at the hearing have been considered by the City Council. All written objections received from property owners and affected taxing agencies have been considered by the City Council and have been responded to in writing. Any and all such objections are hereby overruled. Section 5. The Final EIR for the Amended Redevelopment Plan, a copy of which is on file in the office of the Agency and in the office of the City Clerk, having been duly reviewed and considered, is hereby incorporated into this Ordinance by reference and made a part hereof. All activities undertaken by the Agency and/or the City pursuant to or in implementation of the Amended Redevelopment Plan shall be undertaken in accordance with the mitigation measures and Mitigation Monitoring Plan set forth in the Final EIR, and the Agency shall undertake such additional environmental review or assessment as necessary at the time of the proposed implementation of such activities. Section 6. That certain Plan Amendment for the Town Centre I Redevelopment Project, the map contained therein, and such other reports as are incorporated therein by reference, a copy of which is on file in the office of the Agency and the office of the City Clerk, having been duly reviewed and considered is hereby incorporated into the Existing Redevelopment Plan, and is incorporated by reference and made a part hereof. The Amended Redevelopmerit Plan is designated, approved, and adopted as the official redevelopmerit plan for the Project Area. Section 7. In order to implement and facilitate the effectuation of the Amended Redevelopment Plan hereby approved, this City Council hereby: (a) pledges its cooperation in helping to carry out the Amended Redevelopment Plan, (b) requests the various officials, departments, boards, and agencies of the City having administrative responsibilities in the Project Area likewise to cooperate to such end and to exercise their respective functions and powers in a manner consistent with redevelopment of the Project Area, (c) stands ready to consider and take appropriate action upon proposals and measures designed to effectuate the Amended Redevelopment Plan, and (d) declares its intention to undertake and complete any proceeding, including the expenditure of moneys, necessary to be carried out by the City under the provisions of the Amended Redevelopmerit Plan. Section 8. The City Clerk is hereby directed to send a certified copy of this Ordinance to the Agency, whereupon the Agency is vested with the responsibility for carrying out the Amended l~edevelopment Plan. Ordinance 2735 Page 7 Section 9. The City Clerk is hereby authorized and directed to certify to the passage of this Ordinance and to cause the same or a summary hereof to be published in a newspaper of general circulation which is published and circulated in the City. Section 10. If any part of this Ordinance or the Amended 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 Amended Redevelopment Plan, and this City Council hereby declares that it would have passed the remainder of the Ordinance or approved the remainder of the Amended Redevelopment Plan if such invalid portion thereof had been deleted. Section 11. This Ordinance shall be in full force and effect thirty (30) days after passage. Presented by Chris Salomone Community Development Director Approved as to form by M ~ J . Kaheny ney Ordinance 2735 Page 8 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 23rd day of June, 1998, by the following vote: AYES: NAYS: ABSENT: ABSTAIN: Councilmembers: Councilmembers: Councilmembers: Councilmembers: Moot, Padilia, Rindone, Salas, and Horton None None None ATTEST: ~/d~-Beverly A. Authelet, Cit STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. CITY OF CHULA VISTA ) t, Beverly A. Authelet, City Clerk of the City of Chula Vista, California, do hereby certify that the foregoing Ordinance No. 2735 had its first reading at a regular meeting held on the 16th day of June, 1998 and its second reading and adoption at a regular meeting of said City Council held on the 23rd day of June, 1998. Executed this 23rd day of June, 1998. j~/~J3ev~erly A. Authelet, Cit~~