Loading...
HomeMy WebLinkAbout1981-07-21; City Council; 9591; Village area redevelopment project & plan adopted, e ORDINANCE NO. 9591 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD APPXZOVING AND ADOPTING THE REDEVELOPMENT PLAN FOR THE VILLAGE AREA REDEVELOPMENT PROJECT WHEREAS, it is desirable and in the public interest that the Carlsbad Housing and Redevelopment Commission (herein called the "Commission") undertake and carry out a redevelopment project in the City of Carlsbad referred to and identified as the "Village Area Redevelopment Project" (herein called the "Project" ) ; and WHEREAS, there has been prepared and referred to the City Council of the City of Carlsbad (herein called the "Council") for review and approval, a Redevelopment Plan for the Project (herein called the "Redevelopment Plan"), a copy of which is on file in the office of the City Clerk consisting of thirty one (31) pages and two exhibits, supported by the following supplementary material, data recommendations not a part of the Redevelopment Plan and accompanied a report dated April, 1981 containing information required by Health and Safety Code Section 33352 of the California Community Redevelopment Law (the "Report" ) ; and WHEREAS, the Commission has adopted and submitted to this City Council a method or plan providing for the relocation of persons, families and businesses from the Project Area, the payment of relocation benefits and the giving of relocation assistance to such persons and familiies; and WHEREAS, rules governing participation by and reasonble preferences to owners and tenants within the Project Area, a copy of which rules is on file in the office of the Secretary of the Commission, have been prepared and adopted by the Commission; and WHEREAS, a General Plan has been prepared for the City of Carlsbad and is recognized and used as a guide for the general development of the locality as a whole; and VJHEREAS, the Planning Commission of the City of Carlsbad has approved a preliminary plan for the Project on August 9, 1978. The Planning Commission has furthermore submitted to the Council its report and recommendations respecting the Redevelopment Plan for the Project has found that the Redevelopment Plan conforms to the General Plan of the City of Carlsbad, and has recommended adoption of the Redevelopment Plan; the Council has duly considered the report, recommendations and findings of the Planning Commission; and WHEREAS, the Draft Environmental Impact Report for the Village Area Redevelopment Plan has been prepared with respect to the environmental issues and impacts involved in the Project through the implementation of the Redevelopment Plan. The Draft document has been duly reviewed, and any comments which may have been received thereon have been duly evaluated and responded to, all in accordance with and within the time and in the manner set forth in the procedures adopted therefor by the City, Tne Draft (together with said comments and responses) has been duly designated as and declared to be the Final Environmental Impact Report by the Commission with respect to the Project and the Redevelopment Plan ("EIR No. 567") and the preparation and completion of document have been certified by the Commission as in conformity with the California Environmental Quality Act of 1970, the State regulations thereto, and the procedures adopted therefor by the City; and WHEREAS, the Planning Commission of the City of Carlsbad, on November 14, 1979, held a public hearing to consider EIR No. 567 €or the Village Area Redevelopment Plan; and WHEREAS, after conducting said hearing the Planning Commission adopted Resolution No. 156 1 recommending that the City Council adopt EIR No, 567 as the Environmental Impact Report for the Village Area Redevelopment Plan pursuant to the California Environmental Quality Act, State EIR Guidelines and Carlsbad Environmental Protection Ordinance of 1972; and WHEREAS, relocation needs have been analyzed in terms of the implementation of the plan; and WHEREAS, information and data on relocation of residents and businesses has been presented to the Council; and WHEREAS, the City Council of the City Carlsbad also serves as the governing body of the Commission; and WHEREAS, the Council and the Commission set the time and place for a joint public hearing for the purposes of considering the Redevelopment Plan as 6:OO P.N., June 23, 1981, at the City Council Chambers, 1200 Elm Avenue, Carlsbad, California; and WHEREAS, the Council and Commission caused said notice to be published in the Carlsbad Journal, a newspaper of general circulation in the County of §an Diego, City of Carlsbad, once -2- each week for four successive weeks prior to the date of said hearing, a copy of said notice and an affidavit of publication of the same are on file with the City Clerk and Commission; and WHEREAS, copies of the notice of said 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 Project Area; and WHEREAS, each assessee, whose property would be subject to acquisition by purchase or condemnation under the Redevelopment Plan, was sent a statement to that effect attached to his notice of the public hearing; and 'WHEREAS, copies of the notice of said public hearing were mailed to the governing body of each taxing agency, which levies taxes upon any property in the Project Area; and WHEREAS, each taxing agency, which would be affected by a division of tax revenues pursuant to California Health and Safety Code, Section 33670 as called for by the Redevelopment Plan, was sent a statement attached to its notice that if the Redevelopment Plan is adopted, property taxes resulting from increases in valuation above the assessed value as shown on the last equalized assessment roll could be allocated to the Commission for redevelopment purposes rather than being paid to said taxing agency: and WHEREAS, said public hearing was duly held at the time and place fixed therefor in said notice; and NHEREAS, the Council has considered all aspects of said Redevelopment Plan, the Report and the feasibility of relocation, considered all written communications concerning the Redevelopment Plan and provided an opportunity for all persons and organizations to be heard, and has received and considered all evidence and testimony presented for or against all aspects of the Redevelopment Plan: and WHEREAS, at said public hearing, the Council heard and passed upon all oral and written objections with respect to the Redevelopment Plan by overruling all such objections; and WHEREAS, all action required by law has been taken by all appropriate public agencies; WOW, THEREFORE, BE IT ORDAINED, by the Council of the City of Carlsbad as follows: -3- -. .. Section 1'. That the purposes and intent of the Council with respect to the Project Area are to: A. Create a pleasant, attractive, accessible environment for living, shopping, recreation, civic, cultural and service functions through restoration and the development of new, private/public development forms which preserve and enhance the existing character of the Project Area and surrounding community . B, Eliminate blight and blighting influences that presently exist in the Project Area and prevent the recurrence of such blighting conditions, C. Encourage a variety of residential accomodation and amenity in the Project Area so as to increase the advantages of close-in living and convenient core shopping, toward the end of encouraging a diversity of age, income and ethnic characteristics, D. Restrict the highest residential denisty to areas in or near the Project Center. E, Introduce programs to revitalize all areas which are deteriorating or have high potential to become deteriorated, F. Provide .an organized system of commercial land uses to be grouped in a village setting, rather than a strip or sprawled commercial manner. Such uses should include administrative and professional offices, retail outlets, and public offices. G. Provide, within the Project Area, a variety of spaces and locations for specialty, unique, and attractive shops with strong pedestrian orientation. Locations and spaces should be interconnected with attractive pedestrian belts incorporating landscaping and/or unique texture, H. Provide a variety of commercial, tourism, and recreational activity, specially close to the beach, in conjunction with special entertainment facilities, restaurants and other uses which will foster a village concept and not detrimentally impact residential usage. I. Provide for pedestrian and bicycle access to the development clusters and open areas. J, Provide for visual amenity through such means as landscaped court yards, attractive and harmonious architectural forms and vest pocket parks. -4- K, Arrest decay and decline throughout the Project Area though restoration and rehabilitation of structures. L. Guide development to preserve aesthetic and cultural qual i ty . M, Stimulate and attract private investment. N. Provide a convenient circulation system with an emphasis upon ease of access and convenient, safe and attractive off-street parking areas. 0, Accommodate existing and future local and regional public transit facilities. P, Establish the Project Area as North San Diego County's focus for specialty goods and services. Q. Establish design control in keeping with the desired village atmosphere, R. Provide housing for families of all income levels, including low and moderate income families in accordance with the Redevelopment Plan and the City's General Plan. Section 2. The Redevelopment Plan, having been duly reviewed and considered, is hereby adopted, approved and designated as the official Redevelopment Plan for the Village Area Redevelopment Project, and the City Clerk is hereby directed to file said copy of the Redevelopment Plan with the minutes of this meeting, Said Redevelopment Plan, a copy of which is on file in the office of the City Clerk, is incorporated herein by reference and made a part hereof as if fully set out herein. All written and oral objections to the Redevelopment Plan are hereby overruled, Section 3. The City Council hereby certifies that it has reviewed and considered the information contained in EIR No. 567 pertaining to the Project and the Redevelopment Plan, concurrent with its actions as provided in this Ordinance, and that EIR No. 567 was prepared in accordance with the requirements of the California Environmental Quality Act of 1970, and the State and local guidelines and regulations promulgated in furtherance thereof. The City Council hereby finds that redevelopment activities to be conducted within the Project Area pursuant to said Redevelopment Plan will not have a significant effect or a substantial adverse impact on the environment because of the availability of mitigating measures as part of the implementation of the Redevelopment Plan which will reduce any significant environmental impacts identified in .. .. EIR No. 567 to an insignificant level. The City Council hereby approves and adopts EIR No. 567 as the Final EIR for the Redevelopment Plan. Section 4. The Council hereby finds and determines that: A. Upon the record of the joint public hearing on the Redevelopment Plan, the Report of the Conmission thereon (copies of which are on file in the office of the City Clerk and which Report is hereby incorporated herein by reference and made a part hereof as if fully set out at length herein) and supporting data thereto, the Environmental Impact Report, and the testimony received at the joint public hearing, the Project Area is a blighted area, the redevelopment of which is necessary to effectuate the public purposes declared in the Community Redevelopment Law of the State of California. The Project Area is characterized by properties which suffer from economic dislocation, deterioration or disease, due to, without limitation, the following conditions: 1. Many buildings and structures in the Project Area are aged, obsolete, or deteriorated. 2. Lot sizes in the Project Area are of irregular form and shape and inadequate size for proper usefulness and development, and parcels are owned in fee by many different persons and/or corporations, thereby making it difficult to assemble land for redevelopment. 3. Economic dislocation, deterioration, and disuse resulting from faulty planning. 4. The prevalence of depreciated values, impaired investments and social and economic maladjustment. 5. The existence of inadequate public improvements, public facilities, open spaces, and utilities which cannot be remedied by private or governmental action without redevelopment. The above conditions have caused a reduction of, or lack of, proper utilization of the Project Area to such an extent that it constitutes a serious physical, social and economic burden on the community which cannot reasonably be expected to be reversed or alleviated by private enterprise acting alone. F. The condemnation of real property, as provided for in the Redevelopment Plan for the Project, is necessary to the execution of the Redevelopment Plan and adequate provisions have been made for payment for property to be acquired as provided by law. -6- G. There are families and persons to be displaced from housing facilities in the Project Area, and when any such families and persons are displaced by redevelopment activities: 1. The commission has a feasible method and plan for the relocation of families and persons to be temporarily or permanently displaced fron housing facilities in the Project Area. 2. There are or will be provided in the entire 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. 8. The Redevelopment Plan for the Project Area will afford a maximum opportunity (consistent with the sound needs of the locality as a whole) for the redevelopment of such area by private enterprise and the elimination of blight, which could not be reasonably expected to be accomplished without public aid and assistance. I. Inclusion within the Project Area of any lands, buildings or improvements which are not detrimental to the public health, safety or welfare is necessary for the effective redevelopment of the area of which they are a part; any such area included is necessary for effective redevelopment and is not included for the purpose of obtaining the allocation of tax increment revenues from such area pursuant to Section 33670 of the Community Redevelopment Law without other substantial justification for its inclusion. Section 5. In the event any occupants are displaced from housing facilities in the Project Area, the City Council is satisfied permanent housing facilities will be available within three (3) years from the time occupants of the Project Area are displaced and that pending the development of such facilities there will be available to such displaced occupants adequate temporary housing facilities at rents comparable to those in the Project Area at the time of their displacement. Section 6. In order to implement and facilitate the effectuation of the Redevelopment Plan hereby approved, it will be necessary for the City Council to take action with reference, among other things, to the vacating and removal of streets, alleys and other public ways, the establishment of street patterns, the location and relocation of sewer and water -7- mains and other public facilities, and other public actions; and, accordingly, this body hereby: (a) pledges its cooperation in helping to carry out the Redevelopment Plan, including the expenditures of money in accordance with the provisions of the Redevelopment Plan to effectuate the Plan: (b) requests the various officials, departments, boards and agencies in the locality 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 the Redevelopment Plan, and (c) stands ready to consider and take appropriate action upon proposals and measures designed to effectuate the Redevelopment Plan, and hereby declares its intention to undertake and complete any proceedings necessary to be carried out by the community under the provisions of the Redevelopment Plan. Section 7. The City Council is convinced that the effect of tax increment financing as provided for in Section VI-D of the Redevelopment Plan will not cause a severe financial burden or detriment to any taxing agency deriving revenues from the Project Area. Section 8. All written and oral objections to the Redevelopment Plan are hereby overruled. Section 9. The City Clerk is hereby directed to send a certified copy of this ordinance to the Commission and the Commission is hereby vested with the responsibility for carrying out the Redevelopment Plan for the Village Area Redevelopment Project. Section 10. The City Clerk is hereby directed to record with the County Recorder of San Diego County within thirty (30) days of the adoption of this Ordinance a description of the land within the Project Area and a statement that proceedings for the redevelopment of the Project Area have been instituted under the California Community Redevelopment Law. The Commission is hereby directed to effectuate recordation in compliacne with the provisions of Section 27295 of the Government Code to the extent applicable. Section 11. The City Manager of the City of Carlsbad is hereby directed, for a period of two years after the effective date of this Ordinance, to advise all applicants for building permits within the Project Area that the site for which a building permit is sought for the construction of buildings or for other improvements is within a redevelopment Project Area. Section 12. That the City Clerk is directed to transmit a copy of the description and statement recorded by the Clerk -8 - pursuant to Section 10 of this Ordinance, a copy of this ordinance and a map or plat showing the boundaries of the Project Area to the Auditor and Tax Assessor of San Diego County, to the governing body of each of the taxing agencies which levies taxes upon any property in the Project Area, and to the State Board of Equalization. Section 13. The City Clerk, in cooperation with the Redevelop- ment Coordinator of the Commission, is hereby authorized and directed to file with the County Clerk of the County of San Diego, a Notice of Determination, pursuant to 14 California Administrative Code Section 15085(h). Section 14. The City Clerk shall certify to the passage of this ordinance and cause a copy thereof to be published as required by law in a newspaper of general circulation in the City of Carlsbad, and this ordinance shall take effect and be in force from and after its date of adoption. EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption, and the City Clerk shall certify to the adoption of this ordinance and cause it to be published at least once in the Carlsbad Journal within fifteen days after its adopt ion a INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council held on the 7th day of July , 1981 and thereafter, PASSED AND ADOPTED at a regular meeting of said City Council held on the 2ist day of j~ly , 1981, by the following vote, to wit:: AYES : Council Menbers Casler, Anear, Lewis and Kulchin NOES: None ABSENT: None ABSTAIN: Council Meher Packard RONALD C. PACKARD, Mayor ATTEST: N~NZ , City Clerk& (SEAL)