HomeMy WebLinkAboutORD FOR ADOPTION 03-20-89 N0'I
DATE: :~,'~%RCH 20~ 1989 ~ '
TO:
WILLIAM A HUSTON, CITY MANAGER
FROM:
SUBJECT:
MARY E. WYNN, CITY CLERK
ORDINANCE NO. 1021 FOR ADOPTION - SECOND AMENDMENT TO THE
AMENDED REDEVELOPMENT PLAN FOR THE TOWN CENTER REDEVELOPMENT
PROJECT AREA
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RECOMMENDATION:
M.O. - Ordinance No. 1021 have second reading by title only.
M.O. - Ordinance No. 1021 be passed and adopted. (Roll call vote)
]ACKGROUND:
The following Ordinance No. 1021 had first reading and introduction at the
March 6, 1989 Council meeting:
ORDINANCE NO. 1021 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, CALIFORNIA, APPROVING AND ADOPTING THE SECOND AMENDMENT TO THE
AMENDED REDEVELOPMENT PLAN FOR THE TUSTIN TOWN CENTER AREA REDEVELOPMENT
PROJECT
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ORDINANCE NO. 1021
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AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
2 TUSTIN, CALIFORNIA, APPROVING AND ADOPTING THE
SECOND AMENDMENT TO THE AMENDED REDEVELOPMENT
3 . . PLAN FOR THE TUSTIN TOW/q CENTER AREA
REDEVELOPMENT PROJECT
WHEREAS, the City Council of the City of Tustin adopted the'
5 Redevelopment, Plan for the Town Center Area 'Redevelopment project (the
"Redevelopment Plan") in November, 1976; and
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WHEREAS, the City Council has previously amended the
7 Redevelopment Plan once in September, 1981, and as amended the
Redevelopment Plan is known as the "Amended Redevelopment Plan"; and
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WHEREAS, the Tustin Redevelopment Agency (the "Agency") has
9 formulated and prepared the proposed Second Amendment 'to the Amended
Redevelopment Plan for the Town Center Area Redevelopment Project; and
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WHEREAS, 'the City Council of 'the City of Tustin has received £rom
the Agency the proposed Second Amendment to the Amended Redevelopment
Plan, a copy of which is on file at the office of the City Clerk, 300 Centennial
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Way, Tustin, California, arid at the office of the Agency at the same address,
together with the Report of the Agency on the proposed Second Amendment;
and
WHEREAS, the Planning Commission of the City of Tustin has
submitted to the City Council its report and recommendations concerning ~he
proposed Second Amendment to the Amended Redevelopment Plan and its
certification that the Second Amendment to the Amended Redevelopmen5 Plan
conforms to the General Plan for the City of Tustin; and
WHEREAS, the Agency, on August 15, 1988, held a duly noticed
public hearing on the Draft Environmental Impact Report ("EIR"), prepared
and circulated for public review and comment in accordance with the California
Environmental Quality Act (Public Resources Code Section 21000, ..e..t...~..e...q,), the
Guidelines for implementation of the California Environmental Quality Act (14
California Administrative Code Section 15000, et seq.) and environmental
'procedures adopted by the Agency pursuant thereto; and the Draft EIR was
thereafter revised and supplemented to 'incorporate comments received and
responses thereto, and as so revised and supplemented, a Final EIR was
prepared by the Agency; and
WHEREAS, the Agency has considered and certified the adequacy
of the Final Environmental Impact Report, submitted pursuant to Public
Resources Code Section 2115] and Health and Safety Code Section 33352, and
has determined that, the redevelopment of the Project Area pursuant to the
Amended Redevelopment Plan as further amended by the Second Amendment
will' have significant effects on the environment based upon 'the impacts
identified in Resolution No. 88-14 adopted by the Agency on December 5, 1988,
making certain findings regarding the en'vironment~l impacts of the proposed
actions with respect to the Amended Redevelopment Plan as further amended
by the Second Amendment; and
ORDINANCE NO. 1021
Page 2
..
WHEREAS, the Agency has by said Resolution No. 88-14 adopted a
4 Statement of Overriding Considerations determining that the benefits of the
Second Amendment outweigh the unavoidable adverse environmental effects;
5 and
6 WHEREAS, the City Council and the Agency held a joint pubH.c
hearing on February 21, 1989, on the proposed adoption Of the Second
7 Amendment to the Amended Redevelopment Plan in the City Council Chambers,
300 Centennial Way, Tustin, California; and
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WHEREAS, a notice of said hearing was duly and regularly'
9 published in the ....T....u.....s....t..i....n..........N...e......w....s.., a newspaper of general circulation in the City
of Tustin, once a week for four successive weeks prior to the date of said
l0 hearing, and a copy of said notices and affidavits of publication are on file
with the City Clerk and the Agency; and
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WHEREAS, copies of the notice of joint public hearing were mailed
by certified mail with return receipt requested to the last known address of
each assessee as shown on the last equalized assessment roll of the County of
Orange of each parcel of land in the Project Area; and
WHEREAS, copies of the notice of joint public hearing were mailed
by certified mail return receipt requested to 'the governing body of each
taxing agency which receives taxes from property in the Project Area, and to
the last known assessee of each parcel in the Project Area; and notices were
also mailed to community organizations, business tenants and posted in
accessible locations 'for notice to the general public from ~he Agency; and
WHEREAS, the City Council has evaluated the report of tbs;
Agency, the proposed Second Amendment to the Amended Redevelopment Plan,
and the Final Environm. ental Impact Report, has provided an opportunity for
all persons to be heard, and has received and considered all evidence and
testimony presented for or against any and all aspects of the Second
Amendment and has made written findings in response 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 public bodies;
NOW, THEREFORE, THE CITY COUNCII, OF THE CITY OF TUSTIN
DOES HEREBY ORDAIN AS FOLLOWS'
..S...e...c...%.i..o...n....... _!.. The legal description of the boundaries of the
Redevelopment Project is contained in Instrument No. 36603, book 11976, pages
35-48 of Official Records recorded on November 29, 1976, in the office of the
County Recorder of Orange County, California.
.~..e..c..[~:..[90......~. The purposes and 'intent of the City Council with
respect to the Project Area are and continue to be:
] ORDINANCE NO. 1021.
Page ,3
1)
to create ~', mixed use town center area that combines
commercial, office, residential, and public uses which will
serve the needs of the communil, y as well as encourage i. he
healthy growth of t, he town cenl, er area;
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2)
to improve traffic circulation and access in the town center
area as a means of reducing cong'esti.on, e~.couraging
business development, a(tracting new customer's t.o ~he area,
allevi2.tting pass-D~voug'h [~affic conges(ion and conflict, and
improving safety;
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3)
to revitalize arid develop amenities in the Project area, both
publicly and privately financed, as a means of aiding t. he
revi£aliza~ion of the E1 Camino Real section in particular;
4)
to increase the level of capital hnprovemen£s such aa ~he
development of Columbus-Tustin Park, parkiri.g facilities,
sidewalk and street landscaping', s~reeL improvements and
related public improvement projects;
5)
to improve controllecl development of the acea £o aid in £he
harraonious and efficien~ developmerit of the redevelopmen~
area; and
6)
to encourage residential development by actively seeking
private development in the redevelopment area.
.~.~.f4~i0...n........3... It hereby is determined that the Second Amendmer~t.
submitted by the Agency 'is necessary and desirable.
.S..e..f-.:...['~.f~.n......4. The Second Amendment is incor'por'a[ed hereir, by
reference and made a part hereof as if fully set forth at leng'Lh here~n.. The
Am. ended Redevelopment Plan for' the Tustin Town CenLe.~ Area Redevelopmen'L
Project, as amended her'eby, shall continue to be referred 'to as Lh.e Amer~ded
Redevelopment Plan.
.S.~.qk..i.o.l!....,..5.. Ordinance Nc;. 701 and the Redevelopment Plan adopted
pursuant thereto as the official Redevelopment Plan fop the Town CenLer Area
Redevelopment Project, as amended by Ordinance No. 855, ar'e hereby amended
by the Second Amendment so that the RedevelopmenL Plan adopLed by
Ordinance No. 70l, and amended by Ordinance No. 855, is replaced by
Amended Redevelopment Plan as further amended by the Second A.r, eridmerrL.
Section 6. All writ{en and oral objections 'Lo t. he Second
Amendm. ent to the Amended Redevelopment Plan for 'the Town Center Area
Redevelopment Project have been overruled by Resolution No. 89-26 adopted
by this City Council on March 6, 1989.
.S...e..(4.ti.o.r.!........7... The Amended Redevelopment Plan as further am. ended
by the Second Amendment is hereby approved, adopted and designa£ed as [he
ORDINANCE NO~ 1021
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official Redevelopment Plan for the Town Center Area Redevelopment Project
4 and said Amended Redevelopment. P]an as further amended by the Second
Amendment is incorporated herein by 'Lhis reference and made a part hereof
5 if fully set forth herein.
Section 8. The City Council hereby finds and determines, based
on substantial evidence in the record, including, but not limited to,
7 Agency's Report to the Tustin Ci.[y Council on the Proposed Second Amendm. errt
to the Amended Redevelopment Plan for khe Town Center Area Redevelopment
8 Project, and all documents referenced therein, and evidence and testimony
received at the joint public hearing on adoption of ihe Second Amer~(]ment to
9 the Amended Redevelopment, Plan held on February 21, 1989, tha~:
a) The PPoject Area has been found to be a blighted area
Ordinance No. 701 adopted by the Cit'y Council on November 22, 197a, the
continued redevelopment of which is necessary to effectuate the public
puz'poses declared in the California Community Redevelopmen~ Law (Health and
Safety Code Section 33000 .~t
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b) The adoption of the Second Amendmen'~ will assist in [}',e
redevelopment of [he Project Area in conformity with ~he Comm. urtity
Redevelopm. ent Law of the State of California and in the in't. erest of the public
peace, health, safety and welfare. This finding is based on [.he fact t. hat the
Second Amendment provides for the installation of new, or the replacement or
rehabilitation of existing public intprovements, facilities and utilities in areas
which are currently inadequately served in regard to such improvements,
facilities and utilities.
c) The adoption and carrying out of the Amended
Redevelopment Plan as further amended by ~h.e Second Amendnten't is
economically sound and feasible. This finding is based on the fac[ [hat the
limit on the bonded indebtedness fha't. {:an be outstanding at any one time has
been raised to $35 miJlion to insure tba'[ all existing and future debts can be
financed within the parameters of the Amended Redevelopment. Pb.m.
d) The Second A'mendu,er~t cot,forms to the General Plan of Dte
City of Tustin.. This finding is based on the finding of the Planning
Commission that the Secon. d Amendment conform, s Lo Lhe General Plan of the
City of Tustin.
e) The carrying out of the Second Amendment 'wi. Il promote 'the
public peace, health, safety and welfare of the CRy of Tust[n and will
effectuate the Amended Redevelopmen.t Plan and the purposes and policies of
[he Community Redevelopment Law of the State of California. Th[s finding
based on th.e fact that the Second Amendment will benefit i. he Project Area by
providing for the installation of new and the reh. abilita£ion or replacement of
existing public improvements, facilities and utilities, thus helping to eliminate
blight, ed conditions and encouraging further growth and development
conformity with ~.he objectives of the Amende'd Redevelopment Plan.
ORDINANCE NO. 1021
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f) The condemnation of real property, (the time period during
which it may be exercised is extended in the Second Amendment to '~he
Amended Redevelopment Plan) is necessary to 'the execution of the Amended
Redevelopment Plan, and adequate provisions have been made for the payment
for property to be acquired as provided for by ]aw.
g) The Agency has a feasible method and plan for the
relocation of families and persons who might be displaced, temporarily or
permanently from housing facilities in the Project Area. This finding is based
upon the fact that the Amended Redevelopment Plan provides for relocation
assistance according to ]aw and the fact that such assistance, including
relocation payments, constitutes a feasible method for relocation.
h) There are, or are being provided, within the Project Area or
within other areas not generally less desirable with regard to public utilities
and public and commercial facilities and at rents or prices within the financial
means of the families and persons who m. ight be displaced from the Project
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. This finding is based upon the fact that no
person or family will be required to move from any dwelling unit until suitable
replacement housing is available for occupancy, and that such housing must
meet the standards established in State law and regulations.
i) The Second Amendment enhances and strengthens the
safeguards contained in the Amended Redevelopment Plan to assure that the
work of redevelopment will be carried out pursuant to the Amended
Redevelopment Plan. '
j) The effect of tax increment financing, as contained in the
Second Amendment, 'will not cause a significant financial burden or detriment
on any taxing agency deriving revenues from the Town Center Area
Redevelopment Project. This finding is based on the facts that: l) the limit
on the total tax increment revenue that may be allocated to the Agency over
the life of the Project has only been re-stated from $3 million annually over
the 30 year life of the Project to $90 million over the life of the Project; and
2) all affected 'taxing agencies were given the opportunity to consult with 'the
Agency on the fiscal impact of the Project as provided by the Community
Redevelopment Law Section 33328 and such affected taxing agencies either
choose not to do so or stated that there was no fiscal impact.
..S...~.qt..i.0.n..._9..' In order to implement and facilitate the effectuation of
the Amended Redevelopment Plan. as further amended by the Second
Amendment certain official actions must be taken by the City Council;
accordingly the City Council hereby:
Amendment;
pledges its cooperation, in helping to carry out such Second
ii) requests the various officials, department, boards and
agencies of the City of Tustin having administrative responsibilities in the
ORDINANCE NO. 1021
Page 6
Project Area likewise Lo cooperate to such en'd and to exerc:ise their respeqtiYe
functions and powers in a manner' consistent with said Second Amendmen'[; and
5 ii/) stands ready to consider and take appropriate actior~ on
proposals and measu¢es designed to effectuate the Second Amendment.
Section 10. That certain docum, ent entitled "Final Enviror~mer~tal
Impact Report, Second Amendment to the Redevelopment Plan for Town Center
Area Redevelopment Project," a copy of which is on file i.n the office of the
Agency, and irt the office of the City Clerk, having been duly reviewed and
considered, and Resolution No. 88-126, adopted by ~he City Council on
December 5, 1988 making certain finding's regarding 'the environ'mental im.p~cts
of the proposed actions with cespect Lo the Second Amendmen~ and adopting a
Statement of Overriding Considerations, ~re hereby incorporated into this
Ordinance by reference and made a part hereof. All acLi'v[Lies undertaken by
the Agency and/or tb.e City of Tustin pursuant to or in implementatior~ of the
Amended Redevelopmen~ P~n as fu. rthe~' amended by the Second Amendment
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shall be undertaken in accordance with the mitigation measures set forth ir;
'[he said Final Environ~nental hnpact
Section 11. Ordinance Nos. 701 arid 855 shall remain in full force
and effect except 'Lo the extent changed by this amending ordinance.
.S.e.c..[;io..r.L..:l..2.. The City Clerk heceby is directed to send a cer'ti, fied
copy of this ordinance to ~he Agency and the Ager~cy hereby is 'vested With
~,}te respormibility .for carrying out Lhe Amended Redevelopment Plan as fur'[her
amended by the Second Amendment .for the Town Center Area Redevelopmer}t
Project.
.~.~..c..t...i.o...LL...~..3.- The City Clerk he~'eby is dir'ected 'Lo record wi'th the
County Recorder of Orange County a descriptior~ of kb.e land w'it. hiri 'the Project
Area and a sLatemen, t that the Redevelopment Plan for' the Town CenLer Acea
Redevelopment Project has been amended, and Lh~t re(ievelopmer~[ proc:eed/.n~s
for the redevelopment of 'the Project Area pursuant 'Lo Lhe A. mer~de(.]
Redevelopment Plan have been ins'[iL'uted and are cc)ntir~uing 'un(le~~ the
California Community Redevelopment Law.
.$.e.....9'..[iq!~.].:......}..4.. If any part of this ordirmnce or the Second
Am.endm. ent which it approves is held Lo be invalid for ar}y. reason, such
decision shall not a'ffec[ the validity of ),he remainir~.g poc'Lion of '[his ordinance
or of [he Second Amertdm. ent, and kb'is Council hereby declares khaL it
have passed ~he remainder of the ord/rmrtce or' approved Lhe remaincter of -the
Second Amendmertt if such invalid porL/(m khereof had been deleked.
..~.e...%.[...!f~.~......!.~. This ordinance shall take effect [hic/y (30) days after'
its final passage and within fifteen (15) days after 'its passage, il're OiLy Clerk
shall cause it to be published 'in the Tl.!St~.n. .... N~.)ff.~, a newspaper of gen~r'al
circulation in Lhe City of Tustin, and hereby designa[ecl for [hal put'pose.
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ORDINANCE NO. 1021
Page 7
1989.
PASSED, APPROVED, and ADOPTED this
da-y of
ATTLST
MAYOR
CITY OF TUSTIN
CITY OF TUSTIN
STATE OF CALIFORNIA )
COUNTY OF ORANGE )SS.
CITY OF TUSTIN ) ·
I, MARY WYNN, City Clerk of the City of Tus~in, California, hereby
certify that Ordinance No. 1021 was adopted by t. he City Cou. ncil of the City of
Tustin at a regular mee£ing held on l~he day of , 1989, arid ~hat
the same 'was adopted by the :following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
MARY WYNN, CITY CLERK
CITY OF TUSTIN