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HomeMy WebLinkAboutOrd 1983-2059 CHULA VISTA CITY COUNCIL (d) ORDINANCE NO. 2059 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AND ADOPTING THE OTAY VALLEY ROAD REDE- VELOPMENT PLAN AND PROJECT AREA THE CITY OF CHULA VISTA DOES HEREBY ORDAIN AS FOLLOWS: Section 1. On October 24, 1972 the Chula Vista City Council adopted Ordinance No. 1425 creating the Chula Vista Redevelopment Agency for the pur- pose of pursuing redevelopment activities in the community. Section 2. The City of Chula Vista on September 14, 1983 requested the Board of Supervisors of the County of San Diego (pursuant to Section 33213 of the California Health and Safety Code), to designate and authorize the Chula Vista Redevelopment Agency to undertake the redevelopment of that certain real property located within the territorial limits of the County of San Diego, contiguous to the City of Chula Vista, more particularly described as Parcel 2 of the Otay Valley Road Redevelopment Project Area. Section 33213 permits the Board to "authorize the redevelopment of an area within its territorial limits by another community if such area is contiguous to such other community". The Board determined that the subject properties are contiguous to the City of Chula Vista. Pursuant to Section 33213 of the California Health and Safety Code, the Board of Supervisors of the County of San Diego did on October 18, 1983 adopt Ordinance No 6676 (New Series) authorizing the City of Chula Vista and the Chula Vista Redevelopmerit Agency to undertake redevelopment activities within specifically designated unincorporated areas of the County of San Diego con- tiguous to the City of Chula Vista. Section 3. On January 13, 1982 the City Council further adopted Resolu- tion No. 404 captioned: RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA DESIGNATING A CERTAIN PORTION OF THE OTAY RIVER VALLEY AS-A REDEVELOPMENT SURVEY AREA Section 4. The Planning Commission of the City of Chula Vista, in con- junction with the Chula Vista Redevelopment Agency has, by Resolution No. PCM-84-3 designated the Otay Valley Road Redevelopment Project Area. Section 5. The Chula Vista Redevelopment Agency by Resolution No. 446 approved on September 14, 1983, and the Planning Commission of the City of Chula Vista by Resolution No. PCM-84-3 approved on September 14, 1983 have prepared and approved a Preliminary Redevelopment Plan for the Otay Valley Road Redevelopment Project Area. Section 6. The Chula Vista City Council has received from the Chula Vista Redevelopment Agency the proposed Redevelopment Plan for the Redevel- opmerit Project, as approved by the Agency, a copy of which is on file at the office of the Agency at 276 Fourth Avenue, Chula Vista, California, and at the office of the City Clerk, City Hall, 276 Fourth Avenue, Chula Vista, California, together with the Report of the Agency including the reasons for the selection of the Project Area, a description of the physical, social, and economic conditions existing in the Project Area, the proposed method of financing the redevelopment of the Project Area, a plan for the relocation of business owners and tenants who may be temporarily or permanently displaced from the Project Area, an analysis of the Preliminary Plan, the report and recommendations of the Planning Commission of the City of Chula Vista, an Environmental Impact Report on the Redevelopment Plan, the report of the County Fiscal Officer and the Agency's analysis thereof, and a neighborhood impact report. Section 7. The Planning Commission has submitted to the Council its report and recommendations for approval of the Redevelopment Plan, and its certification that the Redevelopment Plan conforms to the applicable General Plans of the City of Chula Vista and the County of San Diego. Section 8. The Chula Vista Redevelopment Agency has found and determined that the Otay Valley Road Redevelopment Project Area is characterized by the con- ditions 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 development of these properties in a manner which is consistent with, and in the interest of, general welfare. In addition, the Redevelopmerit Plan shall be a guideline for implementing the objectives set forth hereinafter so as to insure that the policies, goals, and objectives of the Chula Vista Redevelopment Agency, the Chula Vista City Council, the Board of Supervisors of the County of San Diego and the laws of the State of California are complied with and implemented in a manner which is most in keeping with the general welfare. The blight characterized in the Otay.Valley Road Redevelopment Project 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. Section 9. The conditions of blight which exist in the Otay Valley Road Redevelopment Project Area include, but are not limited to: a. Undeveloped, unproductive and underdeveloped vacant land throughout the Area. b. Inadequate street and circulation systems to serve potential cir- culation, demand. c. Inadequate street lighting, lack of curbs and gutters, and poor public improvements and facilities. d. The need for additional public and private utilities in order to accommodate the development of properties within the Project Area boundaries, including the need for additional flood control, water service, storm drains and sewer facilities, and for the development of fire protection and prevention facilities. e. The lack of proper utilization of many properties within the Pro- ject Area boundaries resulting in development constraints on a number of these properties, thus producing a stagnant and unproduc- tive condition of land which is otherwise potentially useful and valuable. f. The unimproved, defective, and/or inadequate construction of street improvements and public/private utilities within the Project Area which has resulted from the uncoordinated development pattern of certain of the properties within the Project Area. g. The lack of adequate public facilities, which are necessary to serve the properties within the Project Area boundaries. h. The lack of development or redevelopment within the Project Area which has resulted because of the inadequacy of the requred public facilities and services necessary to accommodate the redevelopment of the area in cooperation with the private sector. i. The presence of vacant and viable industrial and commercial pro- perty whose development has been impeded due to an community infrastructure system which is not designed and developed to a standard acceptable for development. j. A street pattern which is inadequate to provide for safe and effi- cient vehicular and pedestrian, circulation. k. The inadequate and/or inefficient use of properties adjacent to flood control channels which traverse the Project Area boundaries and which increasingly become physical barriers discouraging deve- lopment and which physically blight the immediate adjacent proper- ties and the remainder of the properties within the Project Area. 1. Inadequate planning of the provisions of highways which traverse the Project Area. m. The existence of a land fill and several auto recycling yards which create a disincentive for new development. Section 10. The Chula Vista City Council does determine and declare that the City Council's purpose and intent with respect to adopting the Otay Valley Road Redevelopmerit Plan and Project Area is: a. The elimination of existing blighted conditions, be they properties or structures, and the prevention of recurring blight in and about the Project Area. b. The development of property within a coordinated land use pattern of commercial, industrial, recreational, and public facilities in the Project Area consistent with the goals, policies, objectives, standards, guidelines and requirements as set forth in the City's and County's adopted General Plan and Zoning Ordinance. c. The development of public services and facilities including, but not limited to, recreational, maintenance, and operational 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, and inadequate public services; and mitigation of highway impacts, including its circulation, movement and its potential social, physical, and environmental characteristics of blight. e. The development of a more efficient and effective circulation corridor system free from hazardous vehicular, pedestrian, and bicycle interfaces. f. The implementation of techniques to mitigate blight characteristics resulting from exposure to highway and public right-of-way corridor activity and affecting adjacent properties within the Project Area. g. Beautification activities to eliminate all forms of blight includ- ing, but not limited to, visual blight, in order to encourage com- munity identity. h. The encouragement, promotion, and assistance in the development and expanpansion of local commerce and needed commercial andindustrial facilities, increasing local employment prosperity, and improving the economic climate within the Project Area, and the various other isolated vacant and/or underveloped properperties within the Project Area. i. The acquisition, assemblage, and/or disposition of sites of usable and marketable sizes and shapes for residential, open space, re- creational and Project public facility development within the Pro- ject Area. The creation of a more cohesive and unified community by streng- thening the physical, social, and economic ties between residen- tial, commerical, industrial, and recreational land uses within the community and the Project Area. k. The acquisition and disposition of property for the purpose of pro- viding relocation housing, as may be required, to implement the objectives of this Plan. 1. To provide for affordable housing availability as required by County, Region, or State law and requirements, as necessary and de- sirable, consistent with the goals and objectives of the community. m. To encourage the coordination, cooperation, and assistance of other local agencies, as may deemed necessary, to ensure that projects undertaken by this Agency are implemented to their fullest and practical extent. n. The achievement of a physical environment reflecting a high level of concern of architectural and urban design principals deemed important by the community. o. To encourage community involvement and citizen participation in the adoption of policies, programs, and projects so as to ensure that the Redevelopmerit Plan is implemented in accordance with the objec- tives and goals of the General Plan. p. To provide a procedural and financial mechanism by which the Agency can assist, complement, and coordinate public and private develop- ment, redevelopment, revitalization, and enhancement of the com- munity. Section 11. In conjunction with the City Council's overall redevelopment intent and purpose, the City Council does declare the following general land utilization objectives: a. The Plan encourages the development of well-planned and quality designed industrial, commercial, and open space developments which meet the adopted high standards of this community. b. The Plan provides for sufficient land area within the Project Area for appropriate types of development, properly located to provide services and goods to meet the needs of the area, the community, and the region. c. The Plan provides for required community facilities. d. The Plan provides an adequate traffic circulation and control system within the Project Area so as to provide for efficient and safe movement of people, goods, and services in conformance with the General Plan. e. The Plan provides for the installation and improvement of streets, public utilities, sewer, and water services necessary to the ulti- mate development of the Project Area. f. The Plan provides for direction, purpose, and climate for combined public and private investment which will result in benefits to the community as a whole. g. The Plan provides for site location, ultimate development, and/or expansion of civic and public buildings, facilities, and services. h. The Plan provides for the beautification and revitalization of the Project Area enabling the community to further establish an identity and a quality of life which is desired by its citizens and busi- nessmen. i. The Plan provides for assistance, enticement, and encouragement to ensure that the Project Area is developed to its fullest and ulti- mate usage, ensuring that the standards and requirements of the Municipal Code and the policies, goals, and objectives of the General Plan are met. j. The Plan provides to smoothly plan and implement the transitional character of the Project Area from lower to high intensity areas as a result of recycling of properties. Section 12. The Council and the Agency held a joint public hearing on December 20, 1983 on the adoption of the Redevelopment Plan, and the cer- tification of the Final Environmental Impact Report, on the Redevelopment Plan, in the City Hall Council Chambers, 276 Fourth Avenue, Chula Vista, California. Section 13. A notice of said hearings was duly and regularly published in the Chula Vista Star News, a newspaper of general circulation in the City of Chula Vista, once a week for four 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 Agency; copies of the notice of joint public hearing were mailed 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 Project Area; each assessee in the Project Area was sent a separate statement, attached to the notice of joint public hearing, that his property may be sub- ject to acquisition by purchase or condemnation under the provisions of the Redevelopment Plan; and copies of the notice of joint public hearing were mailed by certified mail with return receipt requested to the governing body of each taxing agency which receives taxes from property in the Project Area. Section 14. The Agency has prepared and submitted a program for the relocation of persons and businesses who may be displaced as a result of carrying out the Project in accordance with the Redevelopment Plan; and the 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 carefullly considered and reviewed such program for relocation. Section 15. The Council has considered the report and recommendations of the Planning Commission, the report of the Agency, the Redevelopment Plan, and its economic feasibility, the feasibility of the relocation program and the Environmental Impact Report, 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 Redevelopmerit Plan. Section 16. The Agency and Council have reviewed and considered the Environmental Impact Report for the Redevelopment Plan, prepared and submitted pursuant to Public Resources Code Section 21151 and Health and Safety Code Section 33352, and certified the completion of said Environmental Impact Report on December 20, 1983, by Redevelopmerit Agency Resolution No. 468 and City Council Resolution No. 11494 Section 17. The proposed Otay Valley Road Redevelopmerit Plan and Project Area, after public hearing and as recommended by the Chula Vista Redevelopment Agency and the Chula Vista Planning Commission, is hereby approved, adopted, and designated as the official Otay Valley Road Redevelopment Plan and Project Area for the City of Chula Vista. Section 18. The City Council acknowledges receipt of and files: a. Resolution No. l1495adopted December 20, 1983 by the City Council of the City of Chula Vista; b. (Deleted) C. (Deleted) electing to be allocated certain revenues attributable to any increase in these District's tax rates which may occur after the tax year in which this Ordinance becomes effective pursuant to Section 33676 of the California Health and Safety Code and has provided for such allocation in accordance with Section 700.70 of the Otay Valley Road Redevelopment Plan. 0-2059 Section 19. All other written and oral objections to the Otay Valley Road Redevelopment Plan and Project Area are hereby overruled. Section 20. The Redevelopment Plan shall hereinafter be referred to as the "Otay Valley Road Redevelopment Plan", and the Project Area shall hereinafter be referred to as the "Otay Valley Road Redevelopment Project Area". Section 21. The Chula Vista City Council hereby finds and determines that: a. It is necessary and/or desirable to adopt the Otay Valley Road Redevelopment Plan and Project Area to encompass the property referred to in the Otay Valley Road Redevelopment Plan and to authorize the development and/or construction of such facilities and/or improvements as are set forth in the same Otay Valley Road Redevelopment Plan. b. The Otay Valley Road Project Area is a blighted area, the redeve- lopment of which is necessary to effectuate the public purpose declared in the California Community Redevelopment Law (Health and Safety Code Section 33000 et. seq.). The finding is based upon the following conditions which characterize the Project Area: (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 deterioration and disuse because of: inadequate public improvements, faci- lities, and utilities, including inadequate and insufficient traffic circulation, drainage, water distribution, sewers, and lots (parcels) of irregular form, shape, and size, which cannot be remedied with private or governmental action without redevelopmerit. (3) The existence of properties which suffer from economic dislo- cation, 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 use- ful and valuable. 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 constitu- tes 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 redevelopmerit in the interest of the health, safety, and general welfare of the people of the City and the State. This finding is based on the fact that governmental action available to the City without redevelopmerit would be insufficient to cause any significant correction of the blighting conditions, and that the nature and costs of the public improvements and facilities required to correct the blighting con- ditions are beyond the capacity of the City and cannot be under- taken or borne by private enterprise acting alone or in concert with available governmental action. c, The Otay Valley Road Redevelopment Plan will provide for redevelop- merit of properties within the Otay Valley Road Project Area boun- daries in a manner conforming with the California Community Redevelopment Law and in the interests of the public peace, health, safety, and general welfare. This finding is based upon the fact that redevelopmerit of the Project Area will implement the objec- tives of the Community Redevelopment Law by aiding in the elimina- tion and correction of the conditions of blight, providing for planning, development, redesign, clearance, reconstruction or reha- bilitation of properties which need improvement and providing for higher economic utilization of potentially useful land. d. The adoption and carrying out of the Otay Valley Road Redevelopment Plan is economically sound and feasible since it is based upon the Otay Valley Road Preliminary Redevelopment Plan which has been shown to be both economically sound and feasible as a financing mechanism for the Chula Vista Redevelopment Agency. This finding is based on the fact that under the Redevelopmerit Plan no public redevelopment activity will be undertaken unless the Agency can demonstrate that it has adequate revenue to finance the activity. e. The Otay Valley Road Redevelopmerit Plan conforms to the applicable General Plans of the City of Chula Vista and the County of San Diego. This finding is based on the findings of the Planning Commission that the Redevelopment Plan conforms to the applicable General Plans for the City of Chula Vista and the County of San Diego. f. The carrying out of the Otay Valley Road Redevelopment 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. This finding is based on the fact that redevelopment will benefit the Project Area by correcting conditions of blight and by coordinating public and pri- vate actions to stimulate development and improve the economic, social, and physical conditions of the Project Area. The condemnation of real property, as is provided for in certain limited circumstances in the Otay Valley Road Redevelopment Plan, is necessary to the execution of the Otay Valley Road Redevelopment Plan and adequate provision of just compensation for any property  to be acquired is provided by law. This finding is based upon the ~.. ~ need to ensure that the provisions of the Redevelopment Plan will be carried out and to prevent the recurrence of blight. . h. The relocation of persons or businesses is not anticipated or at best would 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 Project Area through the implementation of the Otay Valley Road Redevelopment Plan. This finding is based upon the fact that the Redevelopmerit Plan provides for relocation assistance according to law. i. There are or are being provided in the Project Area or in other areas not generally less desirable in regard to public utilities and public and commercial facilities and at rents or prices within the financial means of the families and persons 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. This finding is based upon the fact that no person or family will be required to move from any dwelling unit until suitable replace- ment housing is available. j. 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 Project Area of which they are a part; and that such areas included are necessary for effective redevelopment in the community and are not included for the purpose of obtaining the allocation of tax increment reve- nues from such areas pursuant to Section 33670 of the California Health and Safety Code without other substantial justification for the inclusion. This finding is based upon the fact that the boun- daries of the Project Area were chosen as a unified and consistent whole to include lands that were underutilized because of 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 Redevelopment Plan. k. The elimination of blight and the redevelopment of the Project Area could not be reasonably expected to be accomplished by private enterprise acting alone without the aid and assistance of the Redevelopment Agency. This finding is based upon the existence of blighting influences, including the lack of adequate public impro- vements and facilities, and the inability of individual developers to economically remove these blighting influences without substan- tial public assistance in providing adequate public improvements and facilities, the inability of low- and moderate-income persons to finance needed improvements, and the inadequacy of other govern- mental.programs and financing mechanisms to eliminate the blight, including the provision of necessary public improvements and facilities. 1. The Redevelopment Plan for the Project Area will afford the maximum opportunity, consistent with the sound needs of the City as a whole, for the redevelopment of such area by private enterprise. m. The Redevelopment Plan contains adequate safeguards so that the work of redevelopment will be carried out pursuant to the Redevelopment Plan, and it provides for the retention of controls and the establishment of restrictions and covenants running with the land sold or leased for private use for periods of time and under conditions specified in the Redevelopment Plan, which this Council deems necessary to effectuate the purposes of the Community Redevelopment Law. Section 22. The City Council, although it does not contemplate the relo- cation of residents, is satisfied that within the Project Area boundaries or within the greater community, permanent housing facilities either exist or will be available within three years of the time occupants of the Project Area are displaced, and pending the development of 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 fami- lies of low- or moderate-income shall be displaced from 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. The Agency shall not displace any such persons or families until such housing units are available and ready for occupancy. Section 23. The City Council acknowledges that not less than 20 percent of the revenue derived from the allocation of taxes, pursuant to Section 33670 of the California Health and Safety Code, from the Project Area shall be used by the Redevelopment Agency for the purpose 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 Redevelopment Plan, one of the following findings are made: a. That no need exists in the community, the provision of which would benefit the Project Area to }mprove 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 less than 20 percent of the taxes which are 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 bene- fit 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 Project Area because of increased employment opportunities or because of any other direct or indirect result of implementation of the Redevelopment Plan. Section 24. The City Council is convinced that the revenues derived from the allocation of taxes pursuant to Section 33670 of the California Health and Safety Code are in whole necessary for the effective implementation of the Redevelopment Plan and that the effect of tax-increment financing will not cause a severe financial burden or detriment on any taxing agency deriving tax increment revenues from the Project Area. Section 25. In order to implement and facilitate the effectuation of the Otay Valley Road Redevelopment Plan which is hereby approved and adopted, it is found and determined that certain official action must be undertaken by the City of Chula Vista and the County of San Diego 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 modifications 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 appro- priate 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 Project Area. c. Revision of zoning within the Project Area, as applicable, to per- mit the land uses and development authorized by this Plan, provided that such action is consistent with Section 500.10 of the Plan. d. 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. e. Provision for administrative enforcement of the Plan by the City after development. The City and the Agency shall develop and pro- vide 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 the Plan. f. Performance of the above (and of all other functions and services relating to public health, safety, and physical development nor- mally rendered in accordance with a schedule which will permit the development of the Project Area) shall be commenced and carried to completion without unnecessary delays. g. The undertaking and completing of any other proceedings necessary to carry out this project. Section 26. The City Council of the City of Chula Vista agrees and does hereby: a. Pledge its cooperation in helping to carry out the Otay Valley Road Redevelopment Plan and requests the various officials, departments, boards, and agencies of the City of Chula Vista having administra- tive responsibilities in the premises, likewise to cooperate to such extent and to exercise their respective functions and powers in a manner which is consistent with the Otay Valley Redevelopment Plan. b. Stand ready to consider the taking of appropriate action upon pro- posals and measures which are designed to effectuate the Otay Valley Road Redevelopment Plan. Section 27. That certain document entitled "Redevelopmerit Plan for the Otay Valley Road Redevelopment Project", the maps contained therein 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 reviewed and con- sidered, is 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 Otay Valley Road Redevelopment Project". Section 28. The City Clerk is directed to send a certified copy of this Ordinance to the Chula Vista Redevelopment Agency and the Chula Vista Rede- velopment Agency is vested with the responsibility of carrying out the Otay Valley Road Redevelopment Plan. Section 2g. The City Clerk is hereby directed to record with the County Recorder of the County of San Diego, a description of the land within the Otay Valley Road Project Area and a statement that proceedings for the redevelop- ment of the Project Area have been instituted under the California Community Redevelopment Law. The Chula Vista Redevelopment 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 30. The Building Department of the City of Chula Vista is 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 per- mit is being sought for the construction of buildings or for other improve- ments is within the Otay Valley Redevelopment Project Area. Section 31. The City Clerk is directed to forward a copy of the Otay Valley Road Redevelopment Plan and other pertinent documentation to the Board of Supervisors of the County of San Diego pursuant to Section 33213 of the California Health and Safety Code. Section 32. The Executive Director of the Chula Vista Redevelopment Agency is hereby directed to request the Board of Supervisors of the County of San Diego to approve by Ordinance the Otay Valley Road Redevelopment Plan pur- suant to Section 33213 of the California Health and Safety Code, as said Plan applies to Parcel 2 of the Otay Valley Redevelopment Project Area. Section 33. Should the approval as set forth in Section 32 of this Ordinance not be obtained from the Board of Supervisors of the County of San Diego by the Chula Vista Redevelopment Agency as it applies to Parcel 2 of the Otay Valley Road Redevelopment Plan, then this Ordinance, the Otay Valley Road Redevelopment Plan and the Otay Valley Road Redevelopment Project Area shall be herein deemed amended so as to delete any reference to Parcel 2 of the Otay Valley Road Redevelopment Project Area, the legal description of which is on file in the office of the City Clerk of the City of Chula Vista. Said denial or lack of action by the Board of Supervisors of the County of San Diego shall not affect the validity of this Ordinance, the Otay Valley Road Plan, or the Otay Valley Road Redevelopment Project Area, as they apply to Parcel 1 of the Otay Valley Road Redevelopment Project Area, the legal description of which is on file in the office of the City Clerk of the City of Chula Vista. Section 34. The City Clerk is directed to transmit a copy of the description and statement recorded by the City Clerk pursuant to Section 28 of this Ordinance, a copy of this Ordinance adopting the Otay Valley Road Rede- velopment Plan and a map or plate indicating the boundaries of the Project 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 pro- perty in the Project Area, and to the State Board of Equalization, within thirty (30) days following the adoption of this Ordinance. Section 35. Severability. If any clause, paragraph, section, subsec- tion, sentence, or portion of this Ordinance or the Otay Valley Road Redevelopment Plan or any project provided for therein, is challenged in a court of competent jurisdiction and is thereafter declared to be unconstitu- tional, illegal, inoperative, or otherwise ineffective, such decision shall not affect the validity of the remaining portion thereof. The City Council of the City of Chula Vista hereby declares that it would have adopted this Ordinance and each clause, paragraph, section, subsection, sentence, or por- tion thereof, or the Otay Valley Road Redevelopmerit Plan or any project pro- vided for therein, irrespective of the fact that any one or more sections, subsections, clauses, phrases, or portions be declared invalid or unconstitu- tional. Section 36. This Ordinance shall become effective thirty (30) days after its final passage and adoption, and the Chula Vista Redevelopment Agency shall be vested with the responsibility of implementing and carrying out the Otay Valley Road Redevelopment Plan and is directed to undertake all activities and/or projects as is provided, authorized, or contemplated in the Otay Valley Road Redevelopment Plan in order to provide for the redevelopmerit of the Project Area, and in conformance with Sections 32 and 33 of this Ordinance. Section 37. The City Clerk shall certify to the passage of this Or- dinance 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 of Chula Vista or appropriate provisions of State Law. Section 38. The Plan as approved by this Ordinance shall hereinafter include the recommended amendments, revisions and/or modifications as are set forth in the Chula Vista Planning Commission's Report to the City Council of the City of Chula Vista and the Chula Vista Redevelopment Agency as dated December 14, 1983, and further contained in the Redevelopment Agency's Report to the City Council dated December, 1983. PASSED, APPROVED, and ADOPTED this 20th da of Decem~, 1983.(First reading} C Vista FIRST READ AT A REGULAR MEETING OF THE CITY COUNCIL OF THE "'TY OF CHULA VISTA· CALIFORNIA· HELD December 20 , 19 83 · AND FINALLY PASSED AND ADOPTED AT A REGULAR MEETING THEREOF HELD December 27 · 19 83 .j BY THE FOLLOWING VOTE· TO-WIT: AYES: Councihl~n: Scott, Cox, Moore, McCandliss NAYES: Councilmen: None None ABSTAIN: Councilmen: Malcolm ABSENT: Councilmen: yu~r~he Cify of ~ulo visto ATTEST~yC~k ~ ~, ATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. CITY OF CHULA VISTA ) ~, JENNIE M. FULASZ, CMC, CITY CLERK of the Cify of Chulo Visto, Colifornio, DO HEREBY CERTIFY thor the obove ond foregcing is o full, frue ond correct copy of ORDINANCE NO. 2059 ,ond fhot the some hoe nor been omended or repeoled. DATED (seal) City Clerk CC-660 LEGAL DESCRIPTION OTAY VALLEY ROAD REDEVELOPMENT PROJECT AREA Those portions of sections or fractional sections 37, 18, 19 and 20 in Township 18 South, Range 1 West, San Bernardino Meridian as per U. S. Government Survey approved September ll, 1879, located in the City of Chula Vista, County of San Diego, State of California, and in the un- incorporated territory of said County and State, more particularly described as follows: PARCEL 1: BEGINNING at a point on the Westerly line of the Otay Ranch Subdivision per a map thereof recorded as Map No. 862, Official Records of said County and State, said point being in the existing boundary of the City of Chula Vista as per the Otay Valley Road Annexation to said City as approved by the City Council of the City of Chula Vista'on March 21, 1972 as Ordinance No. 1388 and filed with'the Secretary of State on April 27, 1972, and being on the Northerly right of way line of Otay Valley Road (60.00 feet wide) as established by County Road Survey No. 164, said point to be hereinafter referred to as Point "A". Thence Westerly along said Northerly right of way line along said City boundary, parallel with and distant 30.00 feet Northerly of the centerline of Otay Valley Road as established by said Road Survey No. 164, to an angle point in the existing boundary of the City of Chula Vista as established by the Otay Valley Animal Shelter Annexation to said City as approved by the Chula Vista City Council on February 26, 1974 as Ordinan.ce No. 1526 and filed with the Secretary of State on April 25, 1974; Thence Southerly, Westerly, and Northerly along the existing boundary of the City of Ch.ula Vista per said Annexation to an angle point in said boundary per said Otay Valley Road Annexation; ~ .. Thence along said existing City of Chula Vista boundary per s~id Anne~<ation to a point on the Easterly line of Lot 1, Section 19, Township 18, South Range/West, San Bernardino Meridian, said point being a point in the existing boundary of the City of Chula Vista as estalished by Brandywine's Otay Valley Road Annexation to said City as approved by the City Council of the City of Chula Vista on February 9, lg71 as Ordinance No. 1322 and filed with the Secretary of State on March lO, 1971, said point also bein9 on said Northerly right of way line of Otay Valley Road (60.00 feet wide) as established by said County Road Survey No. 164; said point being hereinafter referred to as Point "B". Thence Westerly along said City boundary per said Annexation to a point on the Westerly line of Lot 1 in said Section 19, said line also being the Westerly line of said Annexation; Thence leaving the existin9 boundary of the City of Chula Vista alon9 said Westerly line North 0~24'07" East 1319.92 feet to the Southwest corner of Section 18, Township 18 South, Range 1 West, San Bernardino Meridian, as shown on a map of Brandywine Unit No. 1 filed as Map No. 6958, Official Records of said County and State; Thence along the Southerly line of said Section 18 per said Map No. 6958, through the following courses; North 88°53'23'' West 1524.23 feet; North 88°53'49" West 1322.94 feet to the Southwest corner of the East half of the Southwest quarter of said Section 18; said point being an angle point in the aforementioned Otay Valley Road Annexation to the City of Chula Vista; Thence Northerly and Easterly along the boundaries of said Annexation to a point on the Westerly line of Otay Ranch per said Map 862, said point being the Northeast corner of said Annexation; Thence Southeasterly along said Westerly line to the POINT OF BEGINNING. The above described parcel of land contains 526.10 acres and is contiguous to the existing City of Chula Vista boundary. PARCEL 2 BEGINNING at Point "A" as previously described herein; Thence Westerly along the Southerly boundary of the above described Parcel 1 to Point "B" as previously described herein, said point being an angle point in the existing boundary of the City of Chula Vista as established by the Rancho Rios Main Street Annexation to said City as approved by the City Council of the City of Chula Vista on june 15, 1971 as Ordinance No. 1336 and as filed with the Secretary of State on July 16, 1971; Thence Southerly along the Easterly boundary of said Annexation to the Northeast corner of the Pacific Telephone Annexation to said City as approved by the City Council of the City of Chula Vista on january 8, 1974 as Ordinance No. 1513 and as filed with the Secretary of State of February 14, 1974; Thence Southerly? Southwesterly and Northerly along the boundary of said Annexation to a pgint on the ?~ortherty boundary of said Rancho Rios Main Street Annexation to the City of Chula Vista; Thence Westerly, Southwesterly and Southerly along the boundary of said Annexation to said Annexation's Southeasterly corner, said corner being an angle point in the existing boundary of the City of San Diego as established by the South Bay Annexation to said City as approved by the City Council of the City of San ~iego on August 13, 1957 as Resolution ~o. 7545 and as filed with the Secretary of State on September 13, 1957; Thence Easterly along the Northerly line of said Annexation to a point on the Westerly line of the Otay Ranch as established by said Map No. 862; Thence North 19°00'00'' Nest 1450 feet more or less along said ~esterly line to the POINT OF BEGINNING. The above described land contains 273.02 acres and is contiguous to the existing boundaries of the City of Chula Vista.