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HomeMy WebLinkAboutOrd 1991-2467 ORDINANCE NO. 2467 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AND ADOPTING AMENDMENT NO. 1 TO THE CHULA VISTA REDEVELOPMENT PLAN AND PROJECT AREA FOR THE SOUTHWEST REDEVELOPMENT PROJECT The City Council of the City of Chula Vista, California does ordain as follows: SECTION I. Formation of Agency On October 24, 1972, Ordinance No. 1420 was adopted by the City of Chula Vista creating the Chula Vista Redevelopment Agency for the purpose of pursuing redevelopment activities in the community, pursuant to the California Community Redevelopment Law, Health and Safety Code Section 33000 et seq. ("the Law"). SECTION II. Designation of Survey Area On December 16, 1986, and May 22, 1990, the City Council adopted Resolution No. 12847 and No. 15631, respectively, designating a redevelopment survey area for project study purposes. SECTION III. Agency's Approval of Draft Plan The Redevelopmerit Agency, by resolution, has prepared and approved a Draft Amendment Plan and Preliminary Report for the Southwest Redevelopment Project Area Amendment No. 1. SECTION IV. Agency's Approval of Final Plan The Redevelopment Agency has, after duly noticed public hearing, approved the Amendment No. 1 to the Southwest Redevelopmerit Plan for the Southwest Redevelopment Project Area and recommended its adoption by the City Council. SECTION V. Legal Description of Amendment No. 1 Area Attached hereto as Exhibit A is the legal description of Amendment No. 1 to the Southwest Redevelopment Project Area. The Map attached hereto as Exhibit B is attached as a general visual reference as to the location of the Amendment No. 1 boundaries, and is not intended to control over the legal description. SECTION VI. Council's Receipt of Reports as Evidentiary Basis The City Council has received from the Redevelopment Agency the proposed Southwest Amendment No. 1 Redevelopmerit Plan for the Southwest Redevelopment Ordinance No. 2467 '- Page 2 Project Area ("Plan"), as approved by the Redevelopment Agency, a copy of which is on file at the office of the Executive Director of the Redevelopment Agency at 276 Fourth Avenue, Chula Vista, California, and at the office of the City Clerk, City Hall, together with the Report of the Redevelopment Agency including the reasons for the selection of the Amendment No. 1 Area, a description of the physical, social, and economic conditions existing in the Amendment Area, the proposed method of financing the Redevelopment of the Amendment Area, a plan for the relocation of business owners and tenants who may be temporarily or permanently displaced from the Amendment Area, an analysis of the Preliminary Plan, the report and recommendations of the Planning Commission and the Project Area Committee of the City of Chula Vista, a Declaration of Negative Environmental Impact, and other required reports on the Plan. SECTION VII. Notification of Taxing Agencies Pursuant to Redevelopment Agency Resolution No. 1087, adopted on June 13, 1990, a Preliminary Report was prepared and sent to each taxing agency as required by Section 33345.5 of the Law. SECTION VIII. SWRPAC Certification of Conformance with the General Plan The Southwest Redevelopment Project Area Committee has submitted to the City Council its report and recommendations for approval of the Plan, and its certification that the Plan conforms to the General Plan. SECTION IX. Finding of Blight The Agency has found and determined that the Amendment Area is characterized by the conditions of blight which are hereinafter set forth. These conditions represent physical, social and economic liabilities which require a Redevelopment Plan in order to properly provide for the revitalization and redevelopment in a manner which is consistent with, and in the interest of, general health, safety and welfare. In addition the Plan shall be a guideline for implementing the objectives set forth hereinafter so as to insure that the policies, goals, and objectives of the Redevelopmerit Agency, the City Council, and the laws of the State of California are complied with and implemented in a manner which is in keeping with the general welfare. The blight characterized in the Amendment Area constitutes a physical, social, or economic liability in the community requiring Redevelopment in the interest of the health, safety, and general welfare of the people of the community, and further that this blight is causing a reduction of, or lack of, proper utilization of the area to such an extent that it constitutes a serious physical, social, or economic burden on the community which cannot reasonably be expected to be reversed or alleviated by private enterprise acting alone. Ordinance No. 2467 Page 3 SECTION X. Nature and Extent of Blight The conditions of blight which exist in the Amendment Area include, but are not limited to, the following: A. There are inadequate public improvements, public facilities, open spaces, storm water drainage facilities, and utilities. This deficiency cannot be remedied by private or governmental action without Redevelopment; B. There has been the subdivision and sale of lots of irregular form and shape. Many of the lots are of an inadequate size and lack sufficient access thereto or off-street parking therefore to permit proper usefulness without Redevelopment or to permit private development without Redevelopment. C. There is a lack of adequate community facilities; D. The buildings in the area are in a deteriorated or dilapidated condition, have mixed commercial, industrial and residential use, are defective in design and/or physical character. All of the foregoing is summarized in the Report to the City Council which has been made a part the record of the proceedings in this matter. SECTION XI. Council's Purpose in Adopting the Amendment The City Council determines and declares that the City Council's purpose and intent with respect to adopting the Plan and Amendment No. 1 to the Southwest Redevelopment Project Area for the Southwest Redevelopment Project is as follows: A. The elimination of existing blighted conditions and the prevention of recurring blight in the Amendment Area. B. The development of property with coordinated land use consistent with the goals, policies, objectives, standards, guidelines, and requirements as set forth in the City's adopted General Plan. C. The development of public services and facilities as are necessary and required for the development of the Project Area. D. The elimination of environmental deficiencies including inadequate street improvements, inadequate utility systems, inadequate public services; and the potential social, physical, and environmental characteristics of blight. E. The development of a more efficient and effective circulation designed to carry the ultimate circulation flow. Ordinance No. 2467 Page 4 F. Beautification activities to eliminate all forms of blight including, but not limited to, visual blight, in order to encourage community identity. G. Improving the economic climate within the Southwest Redevelopment Project and Amendment Area. H. When necessary the acquisition, assemblage, and/or disposition of sites of usable and marketable sizes and shapes for commercial, industrial, recreational, and public facility development within the Southwest Redevelopment Project and Amendment Area. I. The creation of a more cohesive and unified community by strengthening the physical, social, and economic ties between residential, commercial, industrial, and recreational land uses within and about the Amendment Area. J. The acquisition and disposition of property for the purpose of providing relocation housing, as may be required, to implement the objectives of this Plan. K. To encourage the coordination, cooperation, and assistance of other local agencies, as may be required, to implement the objectives of this Plan. L. To encourage community involvement and citizen participation in the adoption of policies, programs, and projects so as to ensure that the Plan is implemented in accordance with the objectives and goals of the General Plan. M. To provide a procedural and financial mechanism by which the Redevelopment Agency can assist, complement, and coordinate public and private development, redevelopment, revitalization, and enhancement of the community. N. To implement the City General Plan and in particular its housing element by providing a method to finance affordable housing as set h forth in t e Plan. SECTION XII. Joint Public Hearing Conducted The City Council and the Redevelopment Agency held a joint public hearing on June 18, 1991 to consider the adoption of the Plan, and the certification of Negative Declaration IS ~ 91-36. SECTION XIII. Finding--joint Public Hearing Duly Noticed A notice of said hearings was duly and regularly published in a newspaper of general circulation in the City of Chula Vista once a week for three Ordinance No. 2467 Page 5 successive weeks prior to the date of said hearing, and a copy of said notice and affidavit of publication are on file with the City Clerk and the Redevel opment Agency; copies of the notice of joint public hearing were mail ed by certified mail with return receipt requested to the last known address of each assessee, as shown on the last equalized assessment roll of the County of San Diego, of each parcel of land in the proposed Southwest Redevelopment Project Area and Amendment Area; and copies of the notice of joint public hearings were mailed by certified mail with return receipt requested to the governing body of each taxing agency which receives taxes from property in the Southwest Redevelopment Project and Amendment Area. SECTION XIV. Relocation Program Considered by Council The Redevelopmerit Agency has prepared and submitted a program for the reloc~tion of and businesses who may be displaced as a result of carrying out t~rs~n and the City Council has general knowledge of the conditions existing in the Project Area and of the availability of suitable housing in the City for the relocation of families and persons who may be displaced by the Project, and in the light of such knowledge of local housing conditions, has carefully considered and reviewed such relocation program. SECTION XV. Finding--Matters Considered The City Council has considered the report and recommendations of the Southwest Redevelopment Project Area Committee, the report of the Redevelopment Agency, the Plan, and its economic feasibility, the feasibility of the relocation program, and Negative Declaration IS # 90-36, 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 Plan. SECTION XVI. Environmental Consequences Considered The Redevelopmerit Agency and City Council have reviewed and considered the Negative Declaration IS # 90-36, for the plan for the Amendment Area prepared pursuant to the Public Resources Code section 20151 and Health and Safety Code Section 33351. SECTION XVII. Tax-Sharing Agreements Negotiated The Redevelopmerit Agency and the City Council have entered or are negotiating to enter into agreements with affected taxing jurisdiction in order to mitigate or alleviate those fiscal impacts which may affect these taxing jurisdictions as a result of the adoption or implementation of the Plan. Ordinance No. 2467 Page 6 SECTION XVIII. Finding as to Financial Burden to Tax Reallocation The City Council finds that the financing of the Plan by revenues derived from the allocation of taxes pursuant to Health and Safety Code Section 13670 will not cause a significant financial burden or detriment (as these terms are used in Health and Safety Code Section 33012) on any taxing agency deriving revenues from the Amendment Area. SECTION XIX. Objections Overruled All written and oral objections to the Plan and Amendment No. 1 to the Southwest Redevelopment Project Area are hereby overruled. SECTION XX. Primary Findings Supporting Adoption of Plan. The City Council hereby finds and determines that: A. The Area of Amendment No. 1 to the Southwest Redevelopment Project is a predominantly urbanized area of a community which is a blighted area, the Redevelopment of which is necessary to effectuate the public purposes of the Redevelopment Law. B. It is necessary and/or desirable to adopt the Plan and Amendment Area to encompass the property referred to in the Plan and to authorize the development and/or construction of such facilities and/or improvements as are set forth in the Plan. C. The Amendment Area is a blighted area, the Redevelopment of which is necessary to effectuate the public purpose declared in the Law. The finding is based upon the following conditions which characterize the Amendment Area all of which are set forth in the Report to the City Council and in other evidence submitted to the Council: 1. The existence of unfit or unsafe buildings and structures due to age, obsolescence, faulty exterior spacing and mixed character, and shifting of uses. 2. The existence of properties which suffer from economic and physical dislocation, deterioration and disuse because of: inadequate public improvements, facilities, and utilities, including inadequate and insufficient traffic circulation, the existing traffic circulation system is poorly designed and subject to excessive congestion, portions of the Project Area lack adequate streets or street improvements, drainage, water distribution, sewers, and lots (parcels) of irregular form, shape, and size, which cannot be remedied with private or governmental action without Redevelopment. Ordinance No. 2467 Page 7 3. The existence of properties which suffer from economic dislocation, deterioration, and disuse resulting from faulty planning. 4. A lack of proper utilization of property, resulting in a stagnant and unproductive condition of land potentially useful and valuable. 5. It is further found and determined that such conditions are causing, and will increasingly cause, a reduction and lack of proper utilization of the area to such an extent that it constitutes a serious physical, social, and economic burden on the City which cannot reasonably be expected to be reversed or alleviated by private enterprise acting alone, requiring Redevelopment in the interest of the health, safety, and general welfare of the people of the City. 6. Governmental action available to the City without Redevelopment would be insufficient to cause any significant correction of the blighting conditions, and the nature and costs of the public improvements and facilities required to correct the blighting conditions are beyond the capacity of the City and cannot be undertaken or borne by private enterprise acting alone or in concert with available governmental action. 7. The Plan will provide for Redevelopment of properties within the Amendment Area boundaries in a manner conforming with the Law and in the interests of the public peace, health, safety, and general welfare. Redevelopmerit of the Amendment Area will implement the objectives of the Law by aiding in the elimination and correction of the conditions of blight, providing for planning, development, redesign, clearance, reconstruction or rehabilitation of properties which need improvement. 8. The adoption and carrying out of the Plan is economically sound and feasible since it is based upon the Chula Vista Preliminary Redevelopment Plan for the Amendment Area which has been shown to be both economically sound and feasible as a financing mechanism for the Redevelopmerit Agency. Under the plan no public redevelopment activity will be undertaken unless the Redevelopment Agency can demonstrate that it has adequate revenue to finance the activity. 9. The Plan conforms to the General Plan of the City. This is based on the findings of the Planning Commission that the Plan conforms to the City's General Plan. Ordinance No. 2467 Page 8 lO. The carrying out of the Plan will promote the public peace, health, safety, and general welfare of the community and will effectuate the purposes and policy of the California Community Redevelopment Law. Redevelopmerit will benefit the Amendment Area by correcting conditions of blight and by coordinating public and private actions to stimulate development and improve the economic, social, and physical conditions of the Amendment Area. 11. The relocation of persons or businesses to the extent a~ticipated will be minimal. However, the Redevelopment Agency has a feasible method or plan for the relocation of families and persons who might be temporarily or permanently displaced from the Amendment Area through the implementation of the Plan. The Plan provides for relocation assistance according to law. Further the Redevelopment Plan is intended to implement the City Housing element and provide a method for financing affordable housing in the City as set forth in the Plan. 12. There are or will be provided in the Southwest Redevelopmerit Project Area or in other areas not generally less desirable in regard to public utilities and public and commercial facilities and at rents or prices within the financial means of the families and persons displaced from the Amendment 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 No person or family will be required to move from any dwelling unit until suitable replacement housing is available. 13. All noncontiguous areas of the Amendment area are either blighted or necessary for effective Redevelopment and are not included for the purpose of obtaining the allocations of taxes from the area pursuant to Section 33670 of the Law without other substantial justification for their inclusion. The boundaries of th~ Project Area were chosen to include lands that were underutilized because blighting influences, or affected by the existence of blighting influences, and land uses significantly contributing to the conditions of blight, whose inclusion is necessary to accomplish the objectives and benefits of the Plan. 14. Inclusion of any lands, buildings, or improvements which are not detrimental to the public health, safety, or general welfare is necessary for the effective Redevelopment of the Amendment Area of which they are a part; and that such areas included are necessary for effective Redevelopmerit in the community and are not included for the purpose of obtaining the allocation of tax increment revenues from such areas pursuant to Section 33670 of the California Health and Safety Code without other substantial Ordinance No. 2467 Page 9 justification for the inclusion. The boundaries of the Amendment Area were chosen to include lands underutilized because of blighting influences, and land uses significantly contributing to the conditions of blight. 15. The elimination of blight and the Redevelopment of the Amendment Area could not be reasonably expected to be accomplished through private enterprise acting alone without the aid and assistance of the Redevelopment Agency. There exists blighting influences, including the lack of adequate public improvements and facilities, and the inability of individual developers to economically remove these blighting influences without substantial public assistance in providing adequate public improvements and facilities, the inability of low and moderate income persons to finance needed programs, and the inadequacy of other governmental programs and financing mechanisms to eliminate the blight, including the provision of necessary public improvements and facilities. 16. The Plan will afford the maximum opportunity, consistent with the sound needs of the City as a whole, for the redevelopment of such an area by private enterprise. 17. The Plan contains adequate safeguards so that the work of redevelopment will be carried out pursuant to the Plan, and it provides for the retention of controls and the establishment of restriction and covenants running with the land that is sold or leased for private use. 18. Provision for acquisition of real property by use of condemnation, in the manner and to the extent provided for in the Redevelopment Plan, is necessary to the execution of the Plan. Adequate provisions have been made for payment for property that may be acquired by eminent domain as provided by law. 19. The use of tax increment funds allocated to the Agency pursuant to California Health and Safety Code Section 33670 for the purposes of increasing and improving the community's supply of low and moderate income housing as required by California Health and Safety Code Section 33334.2 outside of the Amendment Area will be of benefit to the Amendment and will assist in implementation of the housing element goals and objections. SECTION XXII. Finding re Availability of Housing and Non- Displacement. The City Council determines that within the Southwest Redevelopment Project Area boundaries or within the greater community, permanent housing facilities either exists or will be available within three years of the time occupants of the Amendment Area are displaced, and pending the development of Ordinance No. 2467 Page lO such facilities, there will be adequate housing available to such displaced occupants at rents comparable to those in the community at the time of their displacement. No persons or families of low or moderate income shall be displaced from residences unless and until there are suitable housing units 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. The Redevelopment Agency shall not displace any such persons or families until such housing units are available and ready for occupancy. SECTION XXII. Twenty Percent Housing Set Aside. The City Council acknowledges that not less than twenty percent {20%) of the revenue derived from the allocation of taxes, pursuant to Section 33670 of the California Heal th and Safety Code, from the Amendment Area shall be used by the Redevelopment Agency for the purposed of increasing and improving the community's supply of housing for persons and families of low or moderate income, and very low income households unless, through the implementation of the Plan, one of the following findings are made, which findings shall be made only in conformance with the City housing element: A. That no need exists in the community, the provisions of which would benefit the Amendment Area to improve or increase the supply of housing for persons and families of low or moderate income or very low income households; or B. That some stated percentage 1 ess than twenty percent (20%) of the taxes which were allocated to the Redevelopment Agency is sufficient to meet such housing need; or C. 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 these. revenue allocations, is equivalent in impact to the funds otherwise required to be set aside pursuant to this Section. The City Council shall consider the need of low or moderate income or very low income households from within or adjacent to the Amendment Area because of increased employment opportunities or because of any other direct or indirect result of implementation of the Plan. SECTION XXIII. Approval of Amendment No. 1 to the Southwest Redevelopment Plan The Redevelopment Plan as recommended for approval by the Redevelopment _ Agency and the Project Area Committee which is adopted as set forth in the Preliminary Plan, is hereby approved and adopted In order to implement and Ordinance No. 2467 Page ll facilitate the effectuation of the Plan it is found and determined that certain official actions may need to be undertaken by the City with reference to, among other things, the following: A. 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 modification of the streets, the street layout, and other public rights of way in the Project Area. Such action by the City shall include the requirement of abandonment and relocation by the public utility companies of their operations in public rights of way as appropriate to carry out the Plan. B. Institution and completion of proceedings necessary for changes and improvements in publicly-owned public utilities within or affecting the Amendment Area. C. Revision of zoning within the Amendment Area to permit the land uses, including mixed use commercial and residential projects, and development authorized by the Plan, provided that such action is consistent with the Plan and the City General Plan. D. Imposition wherever necessary, by use permits or other means, of appropriate controls, within the limits of this Plan, upon parcels in the Amendment Area to ensure their proper development and use. E. Provision for administrative enforcement of the Plan by the City after development. The City and the Redevelopment Agency shall develop an provided for enforcement of a program for continued maintenance by owners of all real property, both public and private, within the Amendment Area through the duration of the Plan. F. Performance of the above (and of all other functions and services relating to the public health, safety, and physical development normally rendered in accordance with the schedule which will permit the development of the Amendment Area) shall be commenced without unnecessary delays. G. The undertaking and completing of any other proceedings necessary to carry out this project. SECTION XXIV. Official Documentation. That certain document entitled "Redevelopment Plan for the City of Chula Vista Southwest Redevelopment Project Area Amendment No. 1", the legal description and map contained therein, and attached hereto as Exhibits A and B respectively, and such other reports as are incorporated therein by reference, a copy of which is on file in the office of the City Clerk, having been duly Ordinance No. 2467 Page 12 reviewed and considered, and hereby incorporated in this Ordinance by reference and made a part hereof, and as so incorporated is hereby designated, approved and adopted as the official "Redevelopment Plan for the City of Chula Vista Southwest Redevelopmerit Project Area Amendment No. l" SECTION XXV. Authorization to Implement Plan. The City Clerk is directed to send a certified copy of this Ordinance to the Redevelopment Agency and the Redevelopmerit Agency is vested with the responsibility of carrying out the Plan. SECTION XXVI. Encumbrance of Title. The City Clerk is hereby directed to record within thirty (30} days of the adoption of this Ordinance with the County Recorder of the County of San Diego, a description of the land within the Amendment Area as modified hereby and a statement that proceedings for the Redevelopment of the Amendment Area have been instituted under the California Community Redevelopment Law. The Redevelopmerit Agency is hereby directed to effectuate recordation of documents in accordance with the provisions of Section 27295 of the Government Code to the extent they are applicable. SECTION XXVII. Notice to Building Permit Applicants. The Community Development and Building Departments of the City are hereby directed, for a period of two years, to advise all applicants for building permits in the Project Area boundaries that the site for which a building permit is being sought for the construction of buildings or for other improvements within the Project Area. SECTION XXVIII. Transmittal to County Tax Assessor/Auditor. The City Clerk is directed to transmit a copy of the description and statement recorded by the City Clerk pursuant to Section 25 of this ordinance, a copy of this Ordinance adopting the Plan and a map or plat indicating the boundaries of the Amendment Area to the auditor and tax assessor of the County of San Diego, to the governing body of each of the taxing agencies which levies taxes upon any property in the Amendment Area, and to the State Board of Equalization. SECTION XXIX. Severability. If any clause, paragraph, section, subsection, sentence, or portion of this ordinance or the plan or any project provided for therein, is challenged in a court of competent jurisdiction and is thereafter declared to be unconstitutional, illegal, inoperative, or otherwise ineffective, such decision shall not affect the validity of the remaining portion thereof. The City Council hereby declares that it would have adopted this Ordinance and Ordinance No. 2467 Page 13 each clause, paragraph, section, subsection, sentence, or portion thereof, or the Plan or any project provided for therein, irrespective of the fact that any one or more section, subsections, clauses, phrases, or portions be declared invalid or unconstitutional. SECTION XXX. Effective Date. This Ordinance shall become effective thirty (30) days after its final passage and adoption and the Redevelopment Agency shall be vested with the responsibility of implementing and carrying out the Plan and i s directed to undertake all activities and or projects as is provided, authorized, or contemplated in the said Plan in order to provide for the Redevelopment of the Amendment Area. SECTION XXXI. Certification of Passage, Publication, Posting. The City Clerk shall certify to the passage to this Ordinance and cause the same to be published in the Chula Vista Star-News, a newspaper of general circulation, published and circulated in the City of Chula Vista, California and posted in the manner provided by the City or appropriate provisions of State Law. Presented by Approved ito f m Chrli Sal amone ~Boogaard '- Director Redevelopment Agency City Att rney Ordinance No. 2467 Page 14 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 9th day of July, 1991, by the following vote: AYES: Councilmembers: Grasser Horton, Malcolm, Moore, Nader, Rindone NOES: Councilmembers: None ABSENT: Councilmembers: None ABSTAIN: Councilmembers: None I im Nader Mayor ATTEST: ~Au~he~rk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. CITY OF CHULA VISTA ) I, Beverly A. Authelet, City Clerk of the City of Chula Vista, California, do hereby certify that the foregoing Ordinance No. 2467 had its first reading on June 18, 1991, and its second reading and adoption at a regular meeting of said City Council held on the 9th day of July, 1991. Executed this 9th day of July, 1991. Beverly ~ u~t~'elet, City Clerk