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Home My WebLink About2007-05-22; City Council; 19009; Eminent Domain OrdinanceCITY OF CARLSBAD - AGENDA BILL AB# MTG. DEPT. 19,009 5/22/07 CA/HRD ORDINANCE AMENDING TITLE 21, CHAPTER 21.35 BY ADDING SECTION 21.35.160 TO DESCRIBE THE POWER OF EMINENT DOMAIN IN REDEVELOPMENT AREAS AND FINDINGS FOR ITS EXTENSION DEPT. HEAD CITY ATTY. CITY MGR. NS-841 amending Title 21, Chapter 21.35, to add section RECOMMENDED ACTION: Introduce Ordinance No. 21.35.160 describing the Housing and Redevelopment Commission's powers of eminent domain in the existing redevelopment areas and to add findings to extend the time limitations for eminent domain proceedings by amending the Redevelopment Plan as required by the passage of Senate Bill 53. ITEM EXPLANATION: SB 53 (2006 Statutes, Chapter 591) amended the Health & Safety Code with the addition of Sections 33342.5 and 33342.7. This bill was initiated in reaction to the United States Supreme Court decision in Kelo v. New London Connecticut (2004) wherein the Court held that municipal economic development can be in and of itself a constitutionally valid public use. Health & Safety Code Section 33342.7 requires that cities or counties with redevelopment plans adopted prior to January 1, 2007 adopt an ordinance on or before July 1, 2007 that contains the agency's program for the acquisition of real property using eminent domain, even if eminent domain is not authorized under the Plan. Once the requisite ordinance is adopted the City can only amend its program for acquisition of real property by use of eminent domain by amending its Redevelopment Plan. Additionally, the ordinance must specify the agency's expected use of eminent domain in the project area. The attached ordinance is proposed to comply with State law. However, no changes to either of the City's two Redevelopment Plans are being proposed, nor is there any intent to extend the time limitations for the Housing and Redevelopment Commission's exercise of the power of eminent domain. The City of Carlsbad has two redevelopment areas: the Village Area Redevelopment Project Area and the South Carlsbad Coastal Redevelopment Project Area. The right of property acquisition by use of eminent domain in the Village Area Redevelopment Project area expired twelve years after the adoption of the Plan on July 21, 1981. The South Carlsbad Coastal Redevelopment Plan area was adopted on July 18, 2000 and amended on November 15, 2005. The Plan allows the use of eminent domain for the acquisition of real property for twelve years after the Plan's adoption, or until July 17, 2012 unless the Plan is amended to extend that time. DEPARTMENT CONTACT: Debbie Fountain; dfoun@ci.carlsbad.ca.us; (760) 434-2935 FOR CITY CLERKS USE ONLY. COUNCIL ACTION: APPROVED DENIED CONTINUED WITHDRAWN AMENDED n D D CONTINUED TO DATE SPECIFIC CONTINUED TO DATE UNKNOWN RETURNED TO STAFF OTHER - SEE MINUTES X L»-l2~3a7~) w' D PAGE 2 FISCAL IMPACT: There is no fiscal impact related to the adoption of this ordinance. ENVIRONMENTAL IMPACT: The California Environmental Quality Act does not apply to adoption of this ordinance which is not a "project" as defined by CEQA in that it has no potential for resulting in either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment. Guidelines §15378(a); Pub.Res.Code § 21065. EXHIBITS: I. Ordinance No. NS-841 1 2 3 ORDINANCE NO. NS-841 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING TITLE 21, CHAPTER 21.35, WITH THE ADDITION OF SECTION 21.35.160, TO 4 DESCRIBE THE POWERS OF EMINENT DOMAIN IN EXISTING REDEVELOPMENT AREAS AND THE FINDINGS 5 REQUIRED FOR EXTENSION OF SUCH POWERS BY AMENDMENT OF THE REDEVELOPMENT PLAN 6 The City Council of the City of Carlsbad, California, does ordain as 8 follows: 9 10 15 16 17 23 24 25 WHEREAS, the Housing and Redevelopment Commission of the City of Carlsbad ("Commission") prepared a Redevelopment Plan for the Village Area Redevelopment Project known as the Village Area Redevelopment Plan, a copy of 12 which is on file in the office of the City Clerk, and presented it to the City Council for 13 approval on July 21,1981 as Ordinance Number 9591; and 14 WHEREAS, the Housing and Redevelopment Commission of the City of Carlsbad prepared a Redevelopment Plan for the South Carlsbad Coastal Redevelopment Project Area, a copy of which is on file in the office of the City Clerk, 18 Number NS-553 and later amended on November 15, 2005 as Ordinance Number and presented it to the City Council for approval on July 18, 2000, as Ordinance 19 20 NS-779; and 21 WHEREAS, both plans provided for the acquisition of property within the Project Areas by eminent domain proceedings for a period of twelve years following the date of adoption of the ordinances; and WHEREAS, Senate Bill 53 effective January 1, 2007, amends Health 26 and Safety Code Sections 3333.2 and 3333.4 to add Sections 33342.5 and 33342.7 27 related to redevelopment; and 28 ' 1 a legislative body that developed a redevelopment plan before January 1, 2007, shall 3 2 adopt an ordinance on or before July 1, 2007, that contains a description of the 4 agency's program to acquire real property by eminent domain; and 5 WHEREAS, Section 33342.7(c) further provides that an agency's program to provide real property by eminent domain may be changed only by7 8 9 10 NOW, THEREFORE, the City Council of the City of Carlsbad ordains 11 as follows: 12 SECTION 1: That the above recitations are true and correct. 13 SECTION 2: That Title 21, Chapter 21.35 of the Carlsbad Municipal 15 16 17 19 20 21 22 23 24 26 27 28 WHEREAS, Health and Safety Code Section 33342.7(a) provides that amending the redevelopment plan pursuant to Article 12 (commencing with section 33450) which sets forth the required findings for such an extension. Code is amended by the addition of section 21.35.160(a) to read as follows: "21.35.160(a). The purpose and intent of the City Council with respect to the Village Area Redevelopment Plan and the South Carlsbad Coastal Redevelopment Plan is to comply with SB 53 and more particularly Health and , _ Safety Code Section 33342.7."1o SECTIONS: That Title 21, Chapter 21.35 of the Carlsbad Municipal Code is amended by the addition of section 21.35.160(b) to read as follows: "21.35.160(b). The Village Area Redevelopment Plan adopted on July 21, 1981 provided in Section V-F-1 and VI-B-3 for acquisition of property within the Redevelopment Area by eminent domain proceedings for a period of twelve years which expired on July 20,1993. Any amendment of the Village Area Redevelopment Plan to extend the time limit for use of eminent domain proceedings would require an amendment to the Redevelopment Plan upon findings that (1) significant blight remains within the Project Area and (2) that this blight cannot be eliminated without 25 the use of eminent domain as provided for in Health and Safety Code Section 33333.2(8)." SECTION 4: That Title 21, Chapter 21.35 of the Carlsbad Municipal Code is amended by the addition of section 21.35.160(c) to read as follows: 1 "21.35.160(c). The South Carlsbad Coastal Redevelopment Plan adopted on July 18, 2000 and amended on November 15, 2005, provides in Section 503 Acquisition of Real Property that the Commission may acquire real property by any means authorized by law including eminent domain. And that except as otherwise provided by law, no eminent domain proceedings to acquire property within the Project Area shall be commenced after twelve (12) years following the date of adoption of the Ordinance. Section 503 further provides that such limitations may be extended only by amendment of the Plan. To the extent provided by law, the Commission shall not acquire real property on which an existing building is to be 6 continued on its present site, in its present form and use without the consent of the owner, unless: (1) such building requires structural alteration, improvement, modernization or rehabilitation; or (2) the site or lot on which the building was situated requires modification in size, shape or use; or (3) it is necessary to impose on such property any of the standards, restrictions and controls of this Plan and the owner fails or refuses to participate in the Plan pursuant to Sections 506 through 509 of the Plan and applicable divisions of the Redevelopment Law. Section 504 of the Plan Acquisition of Real Property, any Other Interest in Real Property, or any Improvements in Real Property provides that where necessary in the implementation 2 3 4 5 7 8 9 11 12 13 17 18 22 23 24 25 26 27 28 of this Plan the Commission is authorized to acquire personal property and any other interest in property and any improvements on property by any lawful means." SECTION 5: That Title 21, Chapter 21.35 of the Carlsbad Municipal Code is amended by the addition of section 21.35.160(d) to read as follows: 15 "21.35.160(d). Any amendment of the South Carlsbad Coastal 16 Redevelopment Plan to extend the time limit for use of eminent domain proceedings would require an amendment to the Redevelopment Plan upon finding that (1) significant blight remains within the Project Area and (2) that this blight cannot be eliminated without the use of eminent domain as provided for in Health and Safety Code Section 33333.2(6)." 19 EFFECTIVE DATE: This ordinance shall be effective thirty days after 20 its adoption; and the city clerk shall certify the adoption of this ordinance and cause it21 to be published at least once in a newspaper of general circulation in the City of Carlsbad within fifteen days after its adoption. Ill III III III —i 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 INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council on the, day of , 2007, and thereafter PASSED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad on the day of , 2007, by the following vote, to wit: AYES: NOES: ABSENT: APPROVED AS TO FORM AND LEGALITY: RONALD R. BALL, City Attorney CLAUDE A. LEWIS, Mayor ATTEST: LORRAINE M. WOOD, City Clerk (Seal)