HomeMy WebLinkAbout; ; 2000-0380866; PropertyP. DOC ? 2000-0380866
JUL 19s 2000 2~17 PM
FEES: 0.M)
2. A description of the Land Within the South Carlsbad Coastal Redevelopment
Project is set forth in the legal description document (attached hereto as
Attachment “B) and incorporated herein by this reference.
Sincerely,
CITY OF CARLSBAD
Attachment A - Certified Copy Ordinance No. NS-553
Attachment B - Legal Description
CERTIFICATION
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STATE OF CALIFORNIA }
COUNTY OF SAN DIEGO }
1 9s.
I, LORRAINE M. WOOD, City Clerk of the City of Carlsbad, County of San Diego, State of
California, hereby certify that I have compared the foregoing copy with the original
ORDINANCE NO. NS-553, passed and adopted by said City Council, at the Regular
Meeting thereof, at the time and by the vote therein stated, which original Ordinance is now
on file in my office: that same contains a full, true and correct transcript therefrom and of the
whole thereof.
WITNESS my hand and the seal of said City of Carlsbad, this 19” day of July, 2000.
-L-”” IN M. WOOD, City Clerk
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“EXHIBIT “A”
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 Carlsbad, California, does ordain as follows:
WHEREAS, the Housing and Redevelopment Commission of the City 01
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, gt m.). 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
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respect to the Redevelopment Plan and to the allocation of taxes pursuant to Section 33670 oi
the California Community Redevelopment Law;
WHEREAS, the Commission and the City Council have certified that the Final
Environmental Impact Report for the Project Area was prepared and completed in compliance
with the California Environmental Quality Act of 1970, and State and local regulations and
guidelines adopted pursuant thereto, and that the Commission and City Council have reviewed
and considered the information contained therein, and adopted findings with respect to the
environmental impacts of the Project Area as required by law;
WHEREAS, the Commission has prepared and submitted a method and plan,
should it be necessary, for the relocation of individuals and families that may be displaced as a
result of carrying out the Redevelopment Plan;
WHEREAS, after due notice as provided by the Community Redevelopment Law,
a joint public hearing was held by the City Council and the Commission to consider the
proposed Redevelopment Plan;
WHEREAS, the City Council has considered all aspects of the Redevelopment
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
persons and entities.
NOW, THEREFORE, be it ordained by the City Council of the City of Carlsbad,
California as follows:
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;
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improperly utilized;
very low, low and moderate income households;
3. Replan, redesign, and develop properties which are stagnant or
4. Increase, improve, and preserve the City's supply of housing affordable to
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;
Boulevard which will yield excess property that could facilitate expansion of the Carlsbad State
7. Provide a funding source for the potential realignment of Carlsbad
Beach campgrounds and other recreational facilities, andlor development of cultural facilities or
other public facilities;
redevelopment and rehabilitation services;
8. Retain as many existing businesses as possible by means of
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 commerciallresidential
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;
peace, health, and safety and welfare of the City of Carlsbad and will effectuate the purposes
5. The carrying out of the Redevelopment Plan will promote the public
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;
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7. The Commission has a feasible method and plan for the relocation 01
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 01
employment. Families and persons shall not be displaced prior to the adoption of a relocation
plan pursuant to Community Redevelopment Law Sections 3341 1 and 3341 1 .I. 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 Redevelopmenl
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;
1 I. 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;
12. The Project Area is predominantly urbanized, as defined by subdivision
(b) of Community 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
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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, anc
accordingly, the City Council hereby:
and
1. Pledges its cooperation in helping to carry out the Redevelopment Plan
2. Request the various officials, departments, boards and agencies in the
locality having administrative responsibilities in the Project Area likewise to cooperate to suct
end and to exercise their respective functions and powers in a manner consistent with the
the Redevelopment Plan to effectuate the Redevelopment Plan; and
Redevelopment Plan, including the expenditure of money in accordance with the provisions 01
3. Stands ready to consider and take appropriate action upon proposals and
measures designed to effectuate the Redevelopment Plan, and declares its intention ta
undertake and complete any proceedings necessary to be carried out by the City of Carlsbaa
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 IO: 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
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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 certify 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 Ith day of July, 2000, and thereafter.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Carlsbad on the xhday 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.
AlTEST:
LdRdAINE M. WOOD, City Clerk
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EXHIBIT "B"
CITY OF CARLSBAD
SOUTH CARLSBAD COASTAL REDEVELOPMENT PROJECT
LEGAL DESCRIPTION
BEING THAT CERTAIN REAL PROPERTY SITUATED IN THE CITY OF
CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA AND BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE CENTERLINE OF POINSETT'IA
JANE, 102.00 FEET WIDE, WITH THE EASTERLY LINE OF CARLSBAD
BOULEVARD, VARIABLE WIDTH; THENCE
ALONG SAID EASTERLY LINE S19"09'02"E, 1,470.51 FEET TO THE NORTH
LINE OF MAP NO. 12926, RECORD OF SURVEYS OF SAID COUNTY;
THENCE
ALONG SAID NORTH LINE S89"09'36E, 565.07 FEET TO THE WESTERLY
LINE OF THE SAN DIEGO NORTHERN RAILROAD (A.T.&S.F.) RIGHT OF
WAY, 200.00 FEET WIDE; THENCE
ALONG SAID WESTERLY LINE S20"27'52"E, 1,052.99 FEET TO A POINT NO
THE NORTH LINE OF SECTION 33, TOWNSHIP 12 SOUTH, RANGE 4 WEST,
S.B.M.; THENCE
ALONG SAID NORTH LINE S89"59'04"W, 233.90 FEET TO THE WEST LINE
OF SAID SECTION 33: THENCE
ALONG SAID WEST LINE S00"09'24"W, 110.33 FEET, THENCE
LEAVING SAID SECTION LINE S04"41'37"E, 913.85 FEETTO THE EASTERLY
LINE OF CARLSBAD BOULEVARD, VARIABLE WIDTH; THENCE
ALONG SAID EASTERLY LINE S1750'37"E, 2,303.09 FEET TO A TANGENT
CURVE CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF2,350.00
FEET, THENCE
CONTINUING ALONG SAID EASTERLY LINE SOUTHEASTERLY ALONG
SAID CURVE THROUGH A CENTRAL ANGLE OF 25"15'54", AN ARC
THENCE
DISTANCE OF 1,036.25 FEET TO A POINT ON A NON-TANGENT LINE;
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(9) SOUTHEASTERLY ALONG SAID LINE TO A POINT ON THE NORTHERLY
LINE OF LOT 10 IN SAID SECTION 33 AS SAID LOT IS SHOWN ON MAPS
505 AND 528 OF RECORD OF SURVEY, RECORDS OF SAID COUNTY, SAID
POINT BEING LOCATED S66"46'00"W, 132.63 FEET FROM THE
NORTHEASTERLY CORNER OF SAID mT 10; THENCE
(10) ALONG SAID NORTHERLY LINE OF LOT 10 AND ITS WESTERLY
PROLONGATION S66"46'00"W, TO THE ORDINARY HIGH TIDE OF THE
PACIFIC OCEAN; THENCE
(11) MEANDERING IN A NORTHWESTERLY DIRECTION ALONG SAID
ORDINARY HIGH TIDE 14,000.00 FEET MORE OR LESS TO THE
SOUTHERLY LINE OF LOT 24 OF THE POINSETllA BEACH, UNIT NO. 1
AS PER MAP NO. 3897, RECORDS OF SAN DIEGO COUNTY; THENCE
(12) ALONG SAID SOUTHERLY LINE N59"21'10"E, 192.27 FEET TO THE
WESTERLY LINE OF CARLSBAD BOULEVARD, 100.00 FEET WIDE;
THENCE
(13) ALONG SAID WESTERLY LINE N30°38'50"W, 3,531.15 FEET TO A TANGENT
CURVE CONCAVE EASTERLY AND HAVING A RADIUS OF 5,298.13 FEET,
THENCE
(14) NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
00"33'37", AN ARC DISTANCE OF 51.80 FEETTO THE NORTH LINE OF THE
TIERRA DEL OR0 SUBDIVISION AS PER MAP NO. 3052, RECORDS OF SAN
DIEGO COUNTY; THENCE
(15) ALONG SAID NORTHERLY LINE S65"54'10"W, 291.21 FEET TO THE
ORDINARY HIGH TIDE OF THE PACIFIC OCEAN: THENCE
(16) MEANDERING IN A NORTHWESTERLY DIRECTION ALONG SAID
ORDINARY HIGH TIDE, 2,530 FEET MORE OR LESS TO A POINT ON A
LINE THAT IS S65"17'40"W, 94.54 FEET AND PERPENDICULAR TO THE
WESTERLY LINE OF SAID CARLSBAD BOULEVARD; THENCE
(17) ALONG SAID PERPENDICULAR LINE N65"17'40"W, 94.54 FEET TO A POINT
ON SAID WESTERLY LINE OF CARLSBAD BOULEVARD, 100.00 FEET
WIDE, SAID POINT ALSO BEING THE BEGINNING OF A CURVE
CONCAVE WESTERLY AND HAVING A RADIUS OF 4,950.00 FEET,
THENCE
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(18) NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE
OF 12"10'30, AN ARC DISTANCE OF 1,051.84 FEET TO A TANGENT LINE;
THENCE
(19) CONTINUING ALONG SAID WESTERLY LINE AND TANGENT LINE
N36"57'30W, 727.67 FEET TO THE NORTHERLY LINE OF LOT H OF THE
RANCHO AGUA HEDIONDA, AS PER PARTITION MAP NO. 823, RECORDS
OF SAID SAN DIEGO COUNTY, THENCE
(20) ALONG SAID NORTHERLY LINE N78"02'00"W, 1, 014.32 FEET, THENCE
(21) LEAVING SAID NORTHERLY LINE OF LOT H, S30"49'10E, 237.58 FEET,
THENCE
(22) S76"47'10E, 931.69 FEET; THENCE
(23) S29"17'10E, 1,100.00 FEET MORE OR LESS TO A POINT ON THE WESTERLY
LINE OF THE SAN DIEGO NORTHERN RAILROAD RIGHT OF WAY, 100.00
FEET WIDE; THENCE
(24) ALONG SAID WESTERLY LINE N2Zo30'29"W, 342.20 FEET; THENCE
(25) LEAVING SAID WESTERLY LINE N09"41'20"E, 233.73 FEET TO THE
EASTERLY LINE OF SAID SAN DIEGO NORTHERN RAILROAD RIGHT OF
WAY, 150.00 FEET WIDE; THENCE
(26) ALONG SAID EASTERLY LINE N22"30'29W, 302.87 FEET TO A POINT ON
THE SOUTHERLY LINE OF THE AGUA HEDIONDA LAGOON; THENCE
ALONG SAID SOUTHERLY LINE THE FOLLOWING SIX (6) COURSES:
(27) N60"48'00E, 13.61 FEET, THENCE
(28) N29"53'00"E, 35.00 FEET; THENCE
(29) N41"25'00E, 63.50 FEET; THENCE
(30) N69"48'00"E, 39.00 FEET; THENCE
(31) N72"42'00"E, 205.00 FEET, THENCE
(32) S67"30'00"E, 332.00 FEET TO A POINT ON THE WESTERLY LINE OF THE
INTERSTATE 5 FREEWAY, VARIABLE WIDTH; THENCE
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TRAVERSING ACROSS SAID FREEWAY, N81"10'GQ"E, 370.00 FEETMORE OR
LESS TO A POINT ON THE EASTERLY LINE OF SAID FREEWAY AND THE
SOUTHWESTERLY LINE OF SAID AGUA HEDIONDA LAGOON THENCE
SOUTHEASTERLY ALONG SAID SOUTI-~WESTERLY LINE THROUGH ITS
VARIOUS COURSES TO A POINT ON THE NORTHERLY PROLONGATION
OF THE EASTERLY LINE OF MAP NO. 7492 RECORDS OF SAID SAN
DIEGO COUNTY; THENCE
ALONG SAID PROLONGATION S22"29'22"E, 2,063.77 FEET TO THE
NORTHEAST CORNER OF SAID MAP NO. 7492, SAID CORNER ALSO
BEING A POINT ON A CURVE OF THE SOUTHERLY LINE OF CANNON
ROAD AS SHOWN ON SAID MAP, SAID CURVE BEING CONCAVE
SOUTHWESTERLY AND HAVING A RADIUS OF 949.00 FEET; THENCE
WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
15"17'07", AN ARC DISTANCE OF 253.17 FEET TO A TANGENT LINE,
THENCE
ALONG SAID LINE AND SOUTHERLY LINE OF CANNON ROAD
S67"31'14"W, 285 FEET MORE OR LESS TO AN ANGLE THEREON THENCE
SOUTHWESTERLY, 140 FEET MORE OR LESS TO A POINT OF
INTERSECTION WITH THE EASTERLY LINE OF SAID INTERSTATE 5
FREEWAY, VARIABLE WIDTH; THENCE
TRAVERSING ACROSS SAID FREEWAY SOUTHWESTERLY, 660 FEET
MORE OR LESS TO A POINT OF INTERSECTION OF THE SOUTHERLY
LINE OF CANNON ROAD AND THE WESTERLY LINE OF SAID FREEWAY;
THENCE
ALONG SAID WESTERLY LINE S39"57'39E, 504.90 FEET, THENCE
LEAVING SAID WESTERLY LINE S6154'41"W, 251.13, FEET TO THE
EASTERLY LINE OF AVENIDA ENCINAS, 70.00 FEET WIDE; THENCE
TRAVERSING ACROSS SAID AVENIDA ENCINAS S67-29'3 1"W, 70.46 FEET
TO THE WESTERLY LINE OF SAID STREET; THENCE
S679?9'31"W, 220.81 FEET TO THE EASTERLY LINE OF SAID SAN DIEGO
NORTHERN RAILROAD RIGHT OF WAY, 100.00 FEET WIDE THENCE
TRAVERSING ACROSS SAID RIGHT OF WAY S67"29'31"W, 100.00 FEET TO
THE WESTERLY LINE OF SAID RIGHT OF WAY: THENCE
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(45) ALONG SAID WESTERLY RIGHT OF WAY S22"30'29E, 3,900.00 FEET MORE
OR LESS TO THE SOUTHERLY LINE OF PALOMAR AIRPORT ROAD,
VARIABLE WIDTH; THENCE
(46) ALONG SAID SOUTHERLY LINE N66%4'37"W, 185.97 FEET TO THE
EASTERLY LINE OF CARLSBAD BOULEVARD, VARIABLE WIDTH;
THENCE (ALL OF THE REMAINING COURSES ARE ALONG SAID
EASTERLY LINE OF CARLSBAD BOULEVARD)
(47) S1lo49'19W, 68.46 FEET; THENCE
(48) S10"54'30W, 110.29 FEET; THENCE
(49) S07'37'57"E, 204.32 FEET; THENCE
(50) S17"30'33"E, 305.67 FEET; THENCE
(51) S24"44'16"E, 2,154.27 FEET TO A TANGENT CURVE CONCAVE WESTERLY
AND HAVING A RADIUS OF 5,080.00 FEET; THENCE
(52) SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
03"42'23", AN ARC DISTANCE OF 328.62 FEET TO A POINT ON A NON- TANGENT LINE; THENCE
(53) ALONG SAID NON-TANGENT LINE S24"26'19E, 342.37 FEET, THENCE
(54) S63"49'40E, 141.43 FEET; THENCE
(55) S14"35'51"E, 425.67 FEET; THENCE
(56) S17"19'22"E, 132.00 FEET; THENCE
(57) S18"05'14"E, 1,834.10 FEET TO A TANGENT CURVE CONCAVE EASTERLY
AND HAVING A RADIUS OF 19,846.00 FEET; THENCE
(58) SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
Ol"O3'48, AN ARC DISTANCE OF 368.32 FEET TO A TANGENT LINE,
THENCE
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(59) S19”09’02E, 1,703.61 FEET TO THE POINT OF BEGINNING.
EXCEPTING THEREFROM ALL THE LAND WITHIN THE SEVEN (7) SUBDIVISIONS RECORDED AS MAP NOS. 2692, 2758 2867, 3212, 3371,4064, AND
6347 RECORDS OF SAN DIEGO COUNTY.
CONTAINING: 555.5 ACRES MORE OR LESS.
Doc: 99031.LEG 11/02/99
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South Carlsbad Coastal Redevelopment Project 1