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HomeMy WebLinkAboutORD 701 (1976)220 ORDINANCE NO. 701 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN APPROVING AND ADOPTING THE REDEVELOP- MENT PLAN OF THE TUSTIN COMMUNITY REDEVELOPMENT AGENCY WRER!%:AS, the Tusein Cornmuni'ty Redev'clopment j~oencv has pre. pared a Redevcl:oament: P]..an for the Redeve!opmen% Project Area in the City of Tustin; V{~HEREAS, the Agency has submitted ihs,report to the CitF Council on the Redevelopmerit Plan as required by Healhh and Safety Code Section 33352; and WHERE',AS the C{~-v Council has .received the recommendahion and rcDort from tile Planning Commission of the City of Tustin concern- ing the Redevelopment Plan, and its conformity with 'the General and the Planning Commission of the City of Tustin hs.s Plan; _ recommended approwa! of the Redevelopmen% Plan; and W}SREAS, the City Council has received the recommendation and report from the Planning Commission of the City of Tustin con=ern- ing the draft Environmental impact Report for the Redevelopmerit Plan; and W}~REAS, a joint public hearing has been held by the Agency and th~ City Council, duly noticed as required by law, and the Agency and %he 'City Council have received written and oral testi- mony concerning the Redeveiopment Plan. NOW, TPtREFORE, the City Council of the City of Tustin does hereby ordain as follows: Section 1. The Redevelopment Plan of the Tustin Community Redevelopment Agency as submitted to the City Council with the modifications recommended by ti~e Planning Co~ission, is hereby approved and designated as the official Redevelopmerit Plan for the Tustin Co~unity Redeve!opment Agency. Section 2. The Redevelopmerit Plan is hereby incorporated heroin by reference and made a part hereof as if fully set forth at length herein. Section 3. The City Council hereby declares that its purpo and intent with respect to the Red'evelopment Area are as follows: A. The creation of a mixed use town ceRter area that combines commercial, office, residential, and public ! !! uses which will so-rye the needs of the con~n'..unit~: as w~!! i~ as' eL~courage the heaith~r qFowth of the town cer~.~cr area .~ }f This xvi]_! expand the hours of activity downtown, and m~nke o it more attractive as a ]D ]. ~: ,,:: e for shopping and entertainment. B. To improve traffic circul:.qtion and access in t]'.~e 5 to~.?n center area as a raeans of reducing congestion, 6 encouraging business development,. attracting new customers 7 to the area, al].eviating ,[~ass-through traffic congestion 8 and conflict, and improving safety. , 9 C. Revitaiization and development of arnenities in the 10 project area, both public and privately financed, as a nleans 1! of aiding the revitalization of the E! Camino Real section in particular. 1~ -' !~ D. To increase the level of capital improvements such 14 as the development of Co!ur~33us-Tustin Park, parking facilities, sidewalk and street landscaping, streef improve- 15 ments and related public improvement projects. 17 E. To improve controlled development of the area to aid in the harmonious and efficient development of the 18 Redevelopment Area. 19 ~0 F. To encourage residential development by actively seeking private development in the Redevelopmerit Area. This will provide an increased market for the business community ~2 in this area. Section 4. The City Council of the City of Tustin hereby 24 finds and determines that: 25 26 A. The Redevelopment Area is a blighted area, the redevelopment of which is necessary to effectuate the public 27 purposes declared in the Community Development Law of the 28 State of California, in that there exists: 29 1. A lack of proper utilization of land within the D0 redevelopment area. This condition is exemplified by D1 incompatible and underutilized land uses, inefficient ~ use of available land area vacant land, a~d inconsistent -2- 222 ! 'I:! contiquous u-ses w],ic'h d~'.~ve].~-~.D ~ri~;uai blight a~.~d c]iscourage n j~ further development- ,~ 2. The existerkce of inadequate traffic flow ':1 !i character istics, including inadequate streets # traffic 5ij signaliz~:tion, center islands medi~-n stri.~s, and turning !~ lanes. The area suffers frcra inadequate traffic routing 6 iii and flow control resulting in unnecessary traffic con- 9: gestion which discourages businesses and customers alike'. 8 3. Deterioration of the physical environment. While 9 many of the structures within the redevelopment area are 10 sound structures requiring no repair, some structures i!- in the area are aged; lack proper maintenance and create ~2~i a visual blight ~s well as a potential safety hazard. 15 4. The Redeve].opment Area suffers from a lack of !;~ adequate amenities~ which both discourages further development and creates visual blight. 16 5. The area is characterized by lack of adequate 17 parking. Existing parkix~g is privately owned, inaccessibl and unavailable to contiguous businesses and land owners. 18i: This situation encourages underutilization of the land, 19 visual blight due to the inability of each separate ~0 land owner to provide adequate and attractive parking faci!ities, improper and inadequate traffic flow, and the discouragement of potential customers to visit the ~E area. B. The Redevelopmerit Plan would redevelop the area in conformity with the Community Redevelopmerit Law of the -. 25 State of California and in the interest of the public peace, ~6 health, safety and general welfare. ~7 C. The adoption and carrying out of the Redeve!opment 28 Plan is economically sound and feasible due to the sound 29 economic base and subsequent tax increases which should be produced by an active and revitalized town center area, ~0 coupled with the limited scope of the project plan. D. The Redevelopment Plan conforms to the General Plan -3- 223 ! c'~~ the City c,f Tusti~-~. E. The carrying ot~.~ of the Redevelopmerit Plan ~,;ould protoo.re the pu]31ic peace, healorb, safety a~d general welfare of the comn~u~ity and ~ould effectuate the purposes' and policy of the Community Redevelopment Law of the State of California. 6 F. The condemnation o{ real propertl~, as provided for in 7 t]~_.e Redevelc, pment Plan~ is necessary to the execution of the RedevetoD:Ttent Plan and adequate provisions have been made 8 for payment for property to be acquired as provided by law. -o 10 G. The agency has a feasible plan for relocation of families and per.sons displaced from the Redeve!opment Area, tl in the event the Redevelopment Plan may result in a temporary or permanent displacement of any occupants of ].5 housing facilities in the Redevelopmerit Area. However, it is !~' contemplated that there will be minimal, if any, temporary or permanent relocatior~ of occupants within the area. Such 15 r~Linimum re'location will be adequately provided for by the -- 16 relocation program outlined by the agency. Ho There are, in areas other than the Redevelopment Area, 18 not generally less desirable in regard to public' utilities 19 ~nd public and commercial facilities, and at rents or prices within the financial means of the families and persons dis- ~0 placed from the Redevelopmerit Area, decent, safe and sanitary dwellings equal in number to the number of, and available to, such displaced families and persons and reasonably accessible to their places of employment. I. All noncontiguous areas of the project area are '. 25 either blighted or necessary for effective redevelopment and are not included for the purpose of obtaining the 26 allocation of taxes from such area pursuant to Section 33670 27 of the Health and Safety Code, without other substantial ._ ~8 justification for their inclusion. ~9 J. The inclusion of any lands, buildings, or improve- D0 ments which are not detrimental to the public health, safety or welfare is necessary for ~he effective redevelopment of the area of which they are a' part; and any such area _4_I 224 i' 'i 3. i! inc.l,',ded is necess~ry fo~" ~f~=~r-tive redcvelopment and is not i~ !::~c, tt~ded for tl~e purpose of ob'tainina the a'l]nn~f~Znn Of tax  increment revenue pursuant to Section 33670 of the Health ~ and Safety Code. 5 K. The elimination of blight and tl-~e redeveiopment of the project area could not .reasonably be expected to 7oe 6 accomplished by private enterprise acting alone without the 7 aid- and assistance of the agency. 8 ' Section 5. The City Council is satisfied that permanent 9 housing facilities will be available within three (3) years from !~ the time occupants of the Redeve!opment Area are displaced and !! that pending the deveioDment of such facilities there will be ~ available to such displaced occupants adequate temporary housing 12{f facilities at rents comparable to those in the community at the 1~ time of their displacement. { Section 6. The City Council is convinced that the effect !Sn of tax increment financing ~.7i!I not cause a severe financial ie burden or detriment on any taxing agency deriving revenues from a ~ tax increment project area. 17 18 Section 7. The City Council. of the City ef Tustin hereby !9 declares its intention to undertake and complete any proceedings necessary to be carried out by the City of Tustin under the provisions of the Redevelopmerit Plan, including the expenditure of City funds if necessary, and requests' that all City Departments and Commissions cooperate with the Agency in carrying out the provisions of the Redeve!opment Plan. S4 Section 8. Upon the filing of the Ordinance adopting the ~5 Redeve!opment Plan for the Tustin Community Redeve!opment Agency with the City Clerk, the City Clerk is hereby directed to send a certified copy of this Ordinance to the Tustin Community 27 Redevelopment Agency. The Agency is hereby vested with the 28 responsibility for carrying out the Redevelopment Plan. -- 29 Section 9. The City Clerk is hereby directed to transmit ~0 a copy of the description and statement recorded pursuant to ~1 Section 33373 of the Health and Safety Code of the State of California, a copy of this Ordinance, and a map or plot indicating the boundaries of the industrial area, to the auditor and tax -5- asses:-Tc, z of ti'ze COt~ia'.Ly Of Osa~cje, and to the go~e~n~.~g ~acly oZ eaeh~ n( the ~-n~,~ a ......... ie~ ,~"~'~,~, 1,~,-~ ta:,~es u~n ~ ,- pzopez'Ly Z~ I the p~vajeet area~ and to 'tz~e State Board o~ E a~ q tization. -such docun~enta sbja].Z be transmittec] as ~omut'ly as practicable follo:,.~j:~g the adoption of this Ordinance, but in any event, on or before Ja~uazrv 1st next fol!o';;~ing the adoption of the plan. Section 10. The City Clerk is hereby directed, pursuant to Healt]~ and Safety/Code Section 33373, to record with the County Recorder of the County of Orange, a description of the land ~ithin the ~eclevelopment Area and a statement that proceedings for the redeve]opment of the Redeve!opment Area have been instituted under the Ccmmunity Redevelopment La~ of the State of California. Additional recordation of documents may be affected pursuant to Section 27295 of the Governmenn Code of the S~ate of California. P2~,BSED AND ADOPTED at a Special meeting of the City Council of the City of Tusti. n, California, held. on the 22nd day of November, 1976. .--) . ..~ ... c.~- ,~ . 11/9/76 -6- 226 STATE OF CALiFOFe~IA) COUNTY OF ORP,.NGE ) SS CITY OF TgSTIN ) RUTH C. POE, City Clerk and e>z-officio Clerk of the City Council of the Ci'ty of Tustin, California, does hereby certify %ha'~ the whole ntnnb'er of members of the Ci~, Council of the Cit. y of Tustin is five; that the ab:,>ve and foregoing Ordinance No -r-., was duly and regularly introduced an~f[ read at a regular meeting of %he City Council held on the ~15%h_~ day of November , 1976 and was given its second reading and duly passed and adopted at a-SDeciat meeting held on the 22rid day of November 1976, by the following vote: AYES: COUNCILMEN :. Edgar, salta:~e!!i, {'Telsh NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Sharp ABSTAIt.~D: COUNCIE,4EN: Schuster City- Clerk; City of Tustin, Caiiforn~a ~,~-.