HomeMy WebLinkAbout2004-01-20; City Council; NS-688; South Carlsbad Coastal Redevelopment Plan amend...1
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CITY COUNCIL ORDINANCE NO. NS-688
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF CARLSBAD, AMENDING THE SOUTH CARLSBAD
COASTAL REDEVELOPMENT PLAN TO EXTEND
CERTAIN TIME LIMITS.
WHEREAS, the City Council of the City of Carlsbad adopted Ordinance No. N> - 553 on July 18,2000, approving and adopting the South Carlsbad Coastal Redevelopment Plan
(hereinafter referred to as the “Redevelopment Plan”); and
WHEREAS, the Housing and Redevelopment Commission of the City of
Carlsbad (hereinafter referred to as the “Agency”) has been designated as the official
redevelopment agency to carry out in the City of Carlsbad the functions and requirements of the
Community Redevelopment Law of the State of California (Health and Safety Code Sections
33000 et seq.) and to implement the Redevelopment Plan; and
WHEREAS, Health and Safety Code Section 33333.2 applies to every
redevelopment plan adopted on or after January 1, 1994; and
WHEREAS, pursuant to the Redevelopment Plan and subdivision (a)(2) of Health
and Safety Code Section 33333.2 , the effectiveness of the South Carlsbad Coastal
Redevelopment Plan shall terminate on July 18,2030; and
WHEREAS, pursuant to the Redevelopment Plan and subdivision (a)(3) of Health
and Safety Code Section 33333.2 , except as provided in subdivision (a)(3) of said Section
33333.2 , the Agency may not pay indebtedness or receive property taxes pursuant to the
Redevelopment Plan pursuant to Health and Safety Code Section 33670 after July 18,2045; and
WHEREAS, the California State Legislature has enacted SB 1045, making
various amendments to the Community Redevelopment Law, which was chaptered as Chapter
260 and became effective on September 2,2003; and
WHEREAS, Health and Safety Code Section 33333.6(c), as amended by SB
1045, provides that when an agency is required to make a payment pursuant to Health and Safety
Code Section 3368 1.9, the legislative body may amend the redevelopment plan to extend the time
limits required pursuant to subdivisions (2) and (3) of subdivision (a) of Health and Safety Code
Section 33333.2 by one year by adoption of an ordinance, without the necessity of compliance
with Health and Safety Code Section 33450 or any other provision relating to the amendment of
redevelopment plans; and
WHEREAS, the Agency is required to make a payment pursuant to Health and
Safety Code Section 33681.9; and
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WHEREAS, the Agency and the City Council of the City of Carlsbad desire to
extend by one year the time limit on the effectiveness of the Redevelopment Plan and the time
limit for paying indebtedness and receiving property taxes.
NOW, THEREFORE, the City Council of the City of Carlsbad, California, does
ordain as follows:
SECTION 1. Amendment of the Redevelopment Plan for the South Carlsbad Coastal
Redevelopment Pro-iect. In accordance with Health and Safety Code Section 33333.2(c), and
notwithstanding any other provision in the Redevelopment Plan, the City Council hereby amends
the Redevelopment Plan as stated herein by adoption of this Ordinance, and establishes the
following limitations, subject to all of the provisions of this Ordinance:
A. In accordance with Health and Safety Code Section 33333.2(c), the
effectiveness of the Redevelopment Plan shall terminate July 18,203 1, after which time the
Agency shall have no authority to act pursuant to the Redevelopment Plan, except to pay
previously incurred indebtedness, to enforce existing covenants, contracts, unless the Agency has
not completed its housing obligations pursuant to subdivision (a) of Health and Safety Code
Section 33333.8, in which case the Agency shall retain its authority to implement requirements
under subdivision (a) of Health and Safety Code Section 33333.8, including its ability to incur
and pay indebtedness for this purpose, and shall use this authority to complete these housing
obligations as soon as it is reasonably possible.
B, In accordance with Health and Safety Code Section 33333.2(c), the Agency
shall not pay indebtedness or receive property taxes pursuant to Health and Safety Code Section
33670 after July 18,2046.
SECTION 2. Application. The limitations established by this Ordinance shall apply to
the South Carlsbad Coastal Redevelopment Project and may only be amended in the manner
required and to the extent permitted by law.
SECTION 3. Separabilitv of Provisions. If any provision of this Ordinance or the
application thereof is held to be invalid for any reason, the remainder of this Ordinance and the
application of the provisions thereof shall not be affected thereby.
EFFECTIVE DATE: This Ordinance shall be effective thirty (30) days after its adoption
and the City Clerk, City of Carlsbad, shall certify to the adoption of this Ordinance and cause it to
be published at least once in a newspaper of general circulation in the City of Carlsbad within
fifteen (1 5) days after its adoption.
4 Page 2 of 3 of Ordinance No. NS-688
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INTRODUCED AND FIRST READ at a regular meeting of said City Council held on the 13th day of January ,2004, and thereafter,
PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City
Council held on the 20th day of January , 2004 by the following vote, to wit:
AYES: Council Members Lewis, Finnila, Kulchin, and Packard
NOES: None
PARTICIPATE
ATTEST: ,i *-------\,’
APPROVED AS TO FORM AND LEGALITY: n
RONALD R. BALL, City Attorney
L -2-4 -0y
Page 3 of 3 of Ordinance No. NS-688