The URL can be used to link to this page

Home My WebLink About2007-06-12; City Council; 19009; Eminent domain powers for redevelopment areasCITY OF CARLSBAD - AGENDA BILL 10 AB# 19,009 MTG. 06/12/07 DEPT. CA ORDINANCE DESCRIBING THE POWERS OF Cfljf/AfCAfT n/"IJlJff>lfAf IAI DCF\C\/CI /"iOHvfCAfTcMINcNT DUMAIN IN HcucVcLUPMcNT AREAS AND FINDINGS FOR ITS EXTENSION DEPT. HEAD CITYATTY. <&/ CITYMGR. ""^l^ NS-841 describing the Housing and Redevelopment RECOMMENDED ACTION; Introduce Ordinance No. Agency's powers of eminent domain in the existing redevelopment areas and to require 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 complies 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 Agency'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 in 1993, 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. 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: Deborah Fountain (760) 434-2935 FOR CITY CLERKS USE ONLY. COUNCIL ACTION: APPROVED DENIED CONTINUED WITHDRAWN AMENDED nnnnn CONTINUED TO DATE SPECIFIC CONTINUED TO DATE UNKNOWN RETURNED TO STAFF OTHER - SEE MINUTES D D PvUFm Introduced Ord. NS-841 FISCAL IMPACT: There is no fiscal impact related to the adoption of this ordinance. ENVIRONMENTAL IMPACT: The Planning Director has determined that this ordinance revision is exempt from CEQA review in that it can be seen with certainty that there is no possibility that the activity in question will have a significant impact on the environment. (California Code of Regulations, Title 14, Chapter 3,15061(b)(3)) EXHIBITS: {.Ordinance No. NS-841 1 2 3 4 DOMAIN IN EXISTING REDEVELOPMENT AREAS AND THE FINDINGS REQUIRED FOR EXTENSION OF SUCH POWERS 5 WHEREAS, pursuant to Ordinance Number 9591, adopted on July 21, 6 1981, the City Council of the City of Carlsbad adopted a Redevelopment Plan for the7 8 9 10 16 17 18 23 24 25 ORDINANCE NO. N.S-841 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, DESCRIBING THE HOUSING AND REDEVELOPMENT AGENCY'S POWERS OF EMINENT Village Area Redevelopment Project known as the Village Area Redevelopment Plan, a copy of which is on file in the office of the City Clerk; and WHEREAS, the Village Area Redevelopment Plan was amended by 11 the City Council pursuant to Ordinance Numbers NS-300 (adopted on January 24, 12 1995), NS-683 (adopted on December 9, 2003) and NS-751 (adopted on April 12, 13 2005); and 14 WHEREAS, pursuant to Ordinance Number NS-553, adopted on July15 18, 2001, the City Council of the City of Carlsbad adopted a Redevelopment Plan for the South Carlsbad Coastal Redevelopment Project Area known as the South Carlsbad Coastal Redevelopment Plan, a copy of which is on file in the office of the 19 City Clerk, 20 WHEREAS, the South Carlsbad Coastal Redevelopment Plan was 21 amended by the City Council pursuant to as Ordinance Numbers NS-688 (adopted on January 20, 2004) and NS-779 (adopted on November 15, 2005); and WHEREAS, both plans provided for the acquisition of property within the Project Areas by eminent domain proceedings for a period of twelve years 26 following the date of adoption of the ordinances; and 27 28 1 and Safety Code Sections 33333.2 and 33333.4 and adds Sections 33342.5 and 3 2 33342.7 related to redevelopment; and 4 WHEREAS, Health and Safety Code Section 33342.7(a) provides that 5 a legislative body that developed a redevelopment plan before January 1, 2007, shall6 7 8 9 10 program to provide real property by eminent domain may be changed only by 11 amending the redevelopment plan pursuant to Article 12 (commencing with section 12 33450) which sets forth the required findings for such an extension. 13 NOW, THEREFORE, the City Council of the City of Carlsbad ordains14 15 16 17 18 19 20 21 22 23 26 27 28 WHEREAS, Senate Bill 53 effective January 1, 2007, amends Health adopt an ordinance on or before July 1, 2007, that contains a description of the agency's program to acquire real property by eminent domain; and WHEREAS, Section 33342.7(c) further provides that an agency's as follows: SECTION 1: That the above recitations are true and correct. SECTION 2: That 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. SECTION 3: That the Village Area Redevelopment Plan adopted on July 21, 1981 provided in Sections 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 Village Area Redevelopment Plan upon findings 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 Safety24 ( Code Section 33333.2(6). 25 SECTION 4: That the South Carlsbad Coastal Redevelopment Plan adopted on July 18, 2000 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 1 twelve (12) years following the date of adoption of the ordinance adopting the redevelopment plan. Section 503 further provides that such time limitations may be extended only by amendment of the South Carlsbad Coastal Redevelopment Plan. To the extent provided by law, the Commission shall not acquire real property on which an existing building is to be 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 6 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 South Carlsbad Coastal Redevelopment 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 interest in property and any improvements on property by any lawful means. 11 12 13 .. Code Section 33333.2(B).14 15 16 17 of this plan, the Commission is authorized to acquire personal property and any other SECTIONS: That any amendment of the South Carlsbad Coastal 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 EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption; and the city clerk shall certify the adoption of this ordinance and cause it to be published at least once in a newspaper of general circulation in the City of 18 Carlsbad within fifteen days after its adoption. 19 ' 20 21 22 23 24 25 26 27 28 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 12th day of June 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