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HomeMy WebLinkAbout2000-07-18; City Council; NS-553; South Carlsbad Coastal Redevelopment Project & Plan...1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ORDINANCE NO. NS-553 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING THE REDEVELOPMENT PLAN FOR THE SOUTH CARLSBAD COASTAL REDEVELOPMENT PROJECT The City Council of the City of Cartsbad, California, does ordain as follows: WHEREAS, the Housing and Redevelopment Commission of the City of Carlsbad (“Commission”) has prepared a Redevelopment Plan (“Redevelopment Plan”) for the South Carlsbad Coastal Redevelopment Project (“Project Area”), a copy of which is on file in the office of the City Clerk; WHEREAS, the Commission has prepared a Report to Council on the Redevelopment Plan which provides all information required by the Community Redevelopment Law (Health and Safety Code Section 33000, et seq.). A copy of the Report to Council is on file in the office of the City Clerk. The Commission submitted to the City Council the Report to Council, which contains among other things, the Planning Commission’s report and recommendations, the Final Environmental Impact Report with respect to the proposed Redevelopment Plan, and the Report of the County Fiscal Officer, and the City Council has duly considered and evaluated the Report to Council; WHEREAS, Rules Governing Participation and Reentry Preferences for Property Owners, Operators of Businesses, and Business Tenants, a copy of which is on file in the office of the City Clerk, have been prepared and adopted by the Commission. WHEREAS, the Planning Commission of the City of Carlsbad (“Planning Commission”) has approved a Preliminary Plan for the Project Area, and has submitted to the City Council its report and recommendations regarding the Redevelopment Plan, and has found that the Redevelopment Plan conforms to the City’s General Plan, and the City Council has duly considered and evaluated the report recommendations and findings of the Planning Commission; WHEREAS, the Commission consulted or attempted to consult with the taxing agencies which levy taxes, or for which taxes are levied, on property in the Project Area with h 1 respect to the Redevelopment Plan and to the allocation of taxes pursuant to Section 33670 of 2 the California Community Redevelopment Law; 3 WHEREAS, the Commission and the City Council have certified that the Final 4 Environmental Impact Report for the Project Area was prepared and completed in compliance 5 with the California Environmental Quality Act of 1970, and State and local regulations and 6 guidelines adopted pursuant thereto, and that the Commission and City Council have reviewed 7 and considered the information contained therein, and adopted findings with respect to the 8 environmental impacts of the Project Area as required by law; 9 WHEREAS, the Commission has prepared and submitted a method and plan, 10 should it be necessary, for the relocation of individuals and families that may be displaced as a 11 result of carrying out the Redevelopment Plan; 12 WHEREAS, after due notice as provided by the Community Redevelopment Law, 13 a joint public hearing was held by the City Council and the Commission to consider the 14 proposed Redevelopment Plan; 15 WHEREAS, the City Council has considered all aspects of the Redevelopment 16 17 18 19 Plan, and has received, considered and evaluated all written and oral evidence and testimony presented for or against all aspects of the Redevelopment Plan, including the adoption of written findings responding to each written objection of an affected property owner or taxing entity; and WHEREAS, all actions required by law have been taken by all appropriate 20 II persons and entities. 21 22 NOW, THEREFORE, be it ordained by the City Council of the City of Carlsbad, California as follows: 23 24 25 26 SECTION 1: The purposes and intent of the City Council with respect to the Project Area are to: 1. Eliminate blight and environmental deficiencies in the Project Area; 2. Assemble land into parcels suitable for modern, integrated development with improved pedestrian and vehicular circulation in the Project Area; 27 28 -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3. Replan, redesign, and develop properties which are stagnant or improperly utilized; 4. Increase, improve, and preserve the City’s supply of housing affordable to very low, low and moderate income households; 5. Develop new beach and coastal recreational opportunities; 6. Facilitate the redevelopment of the Encina Power Generating Facility to a physically smaller, more efficient power generating plant; 7. Provide a funding source for the potential realignment of Carlsbad Boulevard which will yield excess property that could facilitate expansion of the Carlsbad State Beach campgrounds and other recreational facilities, and/or development of cultural facilities or other public facilities; 8. Retain as many existing businesses as possible by means of redevelopment and rehabilitation services; 9. Enhance commercial and recreational functions in the Project Area; 10. Strengthen the economic base of the Project Area and the City by the installation of needed on- and off-site improvements to stimulate new commercial/residential expansion, employment and economic growth; 11. Increase parking and open space amenities; and 12. Implement performance criteria to assure quality site design and environmental standards to provide unity and integrity to the entire Project Area development SECTION 2: The Redevelopment Plan is hereby approved and adopted. The Redevelopment Plan is incorporated herein by reference and made a part hereof as if set out in full herein. SECTION 3: The Redevelopment Area is hereby designated as the official redevelopment plan of the Project Area. SECTION 4: The City Council hereby finds and determines that: 1. The Project Area is a blighted area, the redevelopment of which is necessary to effectuate the public purposes declared in the Community Redevelopment Law; 2. The Redevelopment Plan will redevelop the Project Area in conformity with the Community Redevelopment Law and in the interests of the pubic peace, health safety, and welfare; 3. The adoption and carrying out of the Redevelopment Plan is economically sound and feasible; 4. The Redevelopment Plan is consistent with the City’s General Plan, including but not limited to, the City’s housing element, which substantially complies with the requirements of Article 10.6 (commencing with Section 65580) of Chapter 3 of Division 1 of Title 7 of the Government Code; 5. The carrying out of the Redevelopment Plan will promote the public peace, health, and safety and welfare of the City of Carlsbad and will effectuate the purposes and policies of the Community Redevelopment Law; 6. The condemnation of real property, as provided for in the Redevelopment Plan, may be necessary for the execution of the Redevelopment Plan and adequate provisions have been made for payment for property to be acquired as provided by law; -3- . . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 7. The Commission has a feasible method and plan for the relocation of families and persons to be temporarily or permanently displaced from housing facilities in the Project Area; 8. There are, or are shall be 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 the displaced families and persons and reasonably accessible to their places of employment. Families and persons shall not be displaced prior to the adoption of a relocation plan pursuant to Community Redevelopment Law Sections 33411 and 33411.1. Dwelling units housing persons and families of low or moderate income shall not be removed or destroyed prior to the adoption of a replacement housing plan pursuant to Community Redevelopment Law Sections 33334.5, 33413, and 33413.5 9. There are no noncontiguous areas in the Project Area; 10. 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 area included is necessary for effective redevelopment 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; 11. The elimination of blight and the redevelopment of the Project Area cannot be reasonably expected to be accomplished by private enterprise acting along without the aid and assistance of the Commission; The Project Area is predominantly urbanized, as defined by subdivision (b) of Commun:: Redevelopment Law Section 33320.1; 13. The time limitation, if applicable, the limitation on the number of dollars to be allocated to the Commission that are contained in the Redevelopment Plan are reasonably related to the proposed projects to be implemented in the Project Area and to the ability of the Commission to eliminate blight within the Project Area. SECTION 5: The City Council is satisfied that if any families or persons are displaced by the Redevelopment Plan, 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 the displaced occupants adequate temporary housing facilities at rents comparable to those in the City of Carlsbad at the time of their displacement. SECTION 6: All written objections to the Redevelopment Plan received during or prior to the joint public hearing, and all oral objections presented to the City Council at the joint public hearing, having been duly considered by the City Council, are hereby overruled. -4- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SECTION 7: In order to implement and facilitate the effectuation of the Redevelopment Plan, it will be necessary for the City Council to take certain official actions, and accordingly, the City Council hereby: 1. Pledges its cooperation in helping to carry out the Redevelopment Plan; and 2. Request 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, including the expenditure of money in accordance with the provisions of the Redevelopment Plan to effectuate the Redevelopment Plan; and 3. Stands ready to consider and take appropriate action upon proposals and measures designed to effectuate the Redevelopment Plan, and declares its intention to undertake and complete any proceedings necessary to be carried out by the City of Carlsbad under the provisions of the Redevelopment Plan. SECTION 8: 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, subject to the provisions of the Redevelopment Plan. SECTION 9: The City Clerk is hereby directed to record with the County Recorder of San Diego County a description of the land within the Project Area, and a statement that the proceedings for the redevelopment of the Project Area have been instituted in the Project Area under the Community Redevelopment Law. The Commission is hereby directed to effectuate recordation in compliance with the provisions of Section 27295 of the Government Code to the extent applicable. SECTION 10: The Department of Building Inspection of the City of Carlsbad is hereby directed for a period of two (2) 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 11: The City Clerk is hereby directed to transmit within thirty (30) days a copy of the description and statement recorded by the City pursuant to Section 9 of this Ordinance, a copy of this Ordinance, and a description and map or plat showing the boundaries -5- . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 and property in the Project Area, and to the State Board of Equalization. EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption, and the City Clerk shall certiiy to the adoption of this ordinance and cause it to be published at least once in a publication of general circulation in the City of Carlsbad within fifteen days after its adoption. INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council on the 1 lth day of July, 2000, and thereafter. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad on the lsthday of July 2000, by the following vote, to wit: AYES: Council Members Lewis, Finnila, Nygaard and Kulchin. NOES: None ABSENT: Council Member Hall ABSTAIN: None. ATTEST: Jf2-79& E M. WOOD, City Clerk (SEAL) -6-