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Home My WebLink AboutSO CENT RDA RPT 07-18-83 A REPORT OF THE REDEVELOPMENT AGENCY OF THE CITY OF TUSTIN TO THE CITY COUNCIL FOR THE SOUTH/CENTRAL REDEVELOPMENT PROJECT July 18, 1983 Redevelopment Agency & City Council Ronald B. Hoesterey, Chaiman/Mayor Ursula E. Kennedy, Vice-Chairman/Mayor Pro-Tem Richard B. Edgar Frank H. Greinke Donald J. Saltarelli Staff William A. Huston., Executive Director/C~rty Manager Mary E. Wynn, Secretary/City Clerk Ronald A. Nault, Treasurer/Director of Finance Donald D. Lamm, Community Development Director James G. Rourke, General Counsel/City Attorney Prepared by: R. Kenneth Fleagle, D.P.A. Consul rant TABLE OF' CONTENTS II. III. Introduction and Summary ........................................... Reasons for Selection of the Project Area .... ~ ..................... 2 Physical, Social and Economic Conditions ........................... 4 A. Physical Conditions ......................................... 4 B. Social Conditions ........................................... C. Economic Conditi-ons .......................................... 5 IV. V. Financing the Redevelopment P1 an ................................... 6 Relocation Plan .... · ............................... '. ................ 8 VI. VII. VIII. IX. X. XI. XII. APPENDIX An Analysis of the Preliminary Plan ................................ 9 Report and Recommendations of the Planning Commission ............. 10 Sumary Report of the Project Area Committee ...................... o Environmental and Neighborhood Assessment ......................... Orange County Financial Report .......................... · ..........12 Fiscal Review Committee ........................................... 12 Neighborhood Impact Repor~ ........................................ 12 A. Location .......................... 13 B. Traffic Circulation. C. Environmental Quality ...................................... 15 D. Availability of Community Facilities and Services .......... 16 E. Effect on School Population and Quality and Education ...... 17 F, Property Assessment and Taxes ........... ' ................... 17 G. Impact on Other Matters Affecting the Physical and Social Quality of the Neighborhood ........................ 18 H. Impact on Low and Moderate Income Housing .................. 19 I. Findings for a Negative Declaration of Environmental Impact .................................................... 2i Ae B. C. D. E. Financial Feasibility Report Report of the Planning Commission Summary Report of Minutes of the Project Area Committee Orange County Auditor-Controller Report Traffic Projections A REPORT OF THE REDEVELOPME#T AGENCY OF ~lE CITY OF TUSTIN TO THE CITY COUNCIL FOR THE SOUTH/CENTRAL REDEV£LOPME#T PROdECT This report to the City Council of the City of Tustfn has been prepared by the Redevelopment Agency for the South/Central Redevelopment Project pursuant to the State Community Redevelopment Law (Sec. 33352, Health & Safety Code). I. INTROOUCTION ~ The City Council, by Resolution No. 81-106, deslgnated the incorporated limits of the City of Tustin as a survey area to identify areas of blight where a redevelopment project might be feasible. The Planning Agency determined by Resolution No. 2007 that the South/central areas 'lacked public Improvements; public facilities, and adequate utilities, which could not be constructed by private action without redevelopment assistance. was further deten~tned that conditions of blight related to housing and the lack of public improvements ~end to further obsolescence, deterioration, and disuse. There is a lack of incentive for individual land owners to improve, modernize or rehabilitate ~heir properties while the condition of the neighboring properties remains unchanged and public improvements are inadequate. The primary emphasis of the plan is to construct public improvements and to improve the transportation system to' encourage private redevelopment and to improve traffic circulation within the City. -1- The intent of the redevelopment project is to finance public improvements by the return of incremental taxes to areas of the City that have been neglected during past year~. A focused Environmental Impact Report has been prepared by LSA, Inc. to evaluate the impact of extending Newport Avenue to Edinger within the project area. All impacts addressed within the report were determined to be beneficial or mitigated to a level of insignificance. Short term hardships will impact residents of the area during construction periods due to noise, dust and traffic diversion. Long term adverse impacts will result to residents of the area from increased traffic on Newport Avenue. This will also. provide a beneficial impact for commercial and service interests as well as convenience for the general public. Mitigating measures will be applied during construction periods and long term adverse impacts will be mitigated by traffic control measures. The overall benefits of the project to existing and future residents outweigh any possible adverse impacts of the project. II. REASONS FOR SELECTION OF 1}lE PROJECT AREA The South Project area encompasses a blighted area adjacent to the southerly right-of-way of the Santa Ana Freeway (I-5), westerly of -2- Newport Avenue. This area was a county unincorporated island annexed to the City in December, 1980. The area encompasses private streets without dedication or public improvements. Housing within the area is substandard with underdeveloped lots. The area is subject to noise impact from the freeway and lacks the amenities of drainage, street lights, sidewalks and landscaping. Also within this area is a lack of adequate traffic circulation caused by the dead-end of Newport Avenue at the Orange County Flood Control .Channel parallel to Edinger Street at the.southerly Project limits. The Central Project area northwesterly of the Tustin High School was also a County unincorporated island that was annexed to the City in August, 1978 pursuant to the Municipal Reorganization Act. These areas were selected for a redevelopment project due to the 'deteriorating condition of housing, lack of public improvements, under- utilization of the land, deficienc~ in traffic circulation, the need to stem blight, and the redevelopment of the areas cannot be accomplished by private enterprise alone, without public participation and assistance in the acquisition of land, in planning and in financing of land assembly, in the work of clearance, and in the making of necessary improvements. -3- III. PHYSICAL, ~tlCIAL AND ECO#ONIC CONDITIONS A. Physical Conditions. Within the Project area there are deteriorated wood structures with serious defects in foundations, walks, roofs, parking accommodations and driveways. Minor repairs are needed for 21 housing units, consisting of deteriorated roofs, lack of paint, broken windows and unsound fencing. The areas co. rise developed level land primarily in multi-family residential use bounded by major traffic arteries and with substandard interior public improvements. B. Social Conditions Within the Mitchell/"B" St6eet area of the South Project area there are 252 persons residing in 113 housing units for an average of 2.31 persons per household.' The Walnut/Orange area of the Central Project area has a population of 182 persons in 84 housing units for an average of 2.28 persons per household. The Mitchell/"B" Street area contains 73% rental units and the Walnut/Orange area contains 56% rental units. The predominant age groups are the 21-29 year-old range with their children under the age of 18. Only 26% of the population within these areas is over 40 years of age. A survey of -4- renters in the areas conducted by Haworth, Carroll & Anderson in 1978 indicated that 30% lived in overcrowded conditions. By 1980 census data, 12% of the population of the South Project Area are 65 years of age and older. The population of Census Tract 755.09 is comprised of 23% minority population. Census Tract 755.07, containing the Central Project Area, is comprised of Igi~ minorities. The largest influx in both areas is the Asian and Pacific Islanders. In both areas, only 21 of the minority population were 65 years of age or older and minorities represented one third of the school age children. The 1980 census and trend analysis indicates that these project areas encompass a younger population than the City as a whole and i~igrated minorities with school age children living in rental housing accon~nodations in sub-standard areas of the City. C. Economic Conditions The South area contains the largest concentration of low-income housing units within any census tract within the City. By 1980 census, 71 housing units had a contract'rent of less than $250.00 per month and a median contract rent of $328.00 per month but is of less concentration since there are only 526 rental units within census tract 755.07 as compared with 1974 rental units within census tract 755.09. -5- The subject areas were designated as HCDA Target areas and interviews were conducted in 1978 of 33% of the residents. This contract study was made under the direction of the Orange County Environmental Management Agency by Haworth & Anderson, Inc. The 1976 special County census showed a median household income for the Mitchell/"B" Street area of $6,159 and $10,800 for the Walnut/Orange Street area. By 1978, the median household income had increased to $10,051 and $11,567 for the respective areas. It is assumed that the median household income within the areas had increased in ratio to the County-wide rise in family income levels but retains its relative position of one-half of the median level of income for other areas of the City. This indicates a strong need for housing assistance to aid low and moderate income families where approximately 39% of the renters and 24% of the owners expended more than 25% of their income for housing. IV. FItL~NCING ll(E RI~DEV£LOPtqE:#T PLAN Projects within the redevelopment areas will be financed by tax increments resulting from increased tax values resulting from new construction and changes in ownership. -6- A financial feasibility report was presented to the Redevelopment Agency on December 6, 1982 and is included as Appendix "A". This report by Katz Hollis shows a conservative net tax increase over a five-year period · ranging from $176,600.00 to $398,800.00 per year. With the up-turn in building activity, and the stimulation to redevelopment resulting from this plan, tax increments can be assumed to reach the $500,000.00 per year level within a five-year time span. After adoption of the Redevelopment Plan, it will be necessary to establish a debt in order to accrue tax increment financing. Transportation improvements within the area are needed as soon as they can be constructed, in the interest of public health and safety. The Project Area Committee recommended a priority for improvements to be financed by a loan from the Town Center Redevelopment Project in advance of the receipt of tax receipts.' Although sales tax receipts may be used for financing redevelopment projects, this area will not generate significant sales tax revenues and sales tax revenues are not proposed for expenditures within the area. The allocation of HCDA Block Grant Funds for physical improvements within the area, combined with tax increments, will enhance the viability of the redevelopment projects. -7- There is a requirement that 20~ of the property tax .revenues be set aside in a separate Low and Moderate Income Housing Fund until used. There ts wide latitude tn the use of these funds including the acquisition of ]and and its donation in total or in part, providing on or off-site improvements, assist tn rent or mortgage payments, and the development of replacement housing within or outside of the project area.. Requests have been made by the Sanitation District and the Metropolitan Water District for a share of the tax increases accruing to the project areas. It is evident that the residential character of the project areas will not create tax revenues adequate to meet all of the existing needs. It therefore seems unrealistic to reduce the tax revenues for the project areas by distribution of tax increments to other agencies who have the option of financing their operations by other than .property taxes. The distribution of property tax incremental revenues to' other agencies would destroy the viability of the redevelopment projects. V. EELOCATIO# PLAN Relocation payments shall be made by the Agency to individuals, families, business concerns, and others displaced as a result of the direct action of the Agency in the event of condemnation and exercise of eminent domain proceedings. Such relocation payments shall be made pursuant to the California Relocation Assistance Law {Government Code, Section 7260 et. seq). Relocation assistance will be implemented pursuant to City Council -8- Council Resolution No. 74-32. Pursuant to Section 33352(d), suitable housing units will be available to persons of low and moderate income at affordable rates as a result of the development of the Warmington Complex on the southerly terminus of Newport Avenue. VI. Ali A#~YSIS OF lltE PItELIMINARY hall The City Council, by Resolution No. 81-106, designated the area within the' corporate limits of the City of Tustin as a survey area for project study purposes and directed the staff and Planning Agency to select one or more project areas and to formulate a preliminary plan for the redevelopment of each selected project area. The Planning Agency selected two areas within the City that were blighted and in need of public assistance for redevelopment. The two project areas were combined into one project to save cost and because of the nature of the areas. By Resolution No. 2007, the Planning Agency recommended to the Redevelopment Agency, a Preliminary Plan for the South/Central Redevelopment Project area. The City of Tustin Redevelopment Agency, by Resolution No. RDA 81-13, on December 7, 1981, approved the Preliminary Plan for the South/Central Redevelopment Projectand transmitted the preliminary plan to the County Assessor, the State Board of Equalization and other taxing agencies. -9- The PYeliminary Plan shows, in both the South and Central areas, evidence of blight, under-utilization of land, substandard housing and lack of Public improvements. The Redevelopment Plan, based upon the needs assessment of the Preliminary Plan, will improve traffic circulation, enhance pedestrian and vehicle safety, replace substandard housing units, accommodate housing needs for low-income families, and stem blight within the areas by the construction- of public facilities within the public right-of-way. VII. REPORT AND R~COIdI~#DATIONS OF PLANNING ~ISSION The report and recommendation of the Planning Commission are contained in Planning Commission report dated April 11, 1983, attached hereto as Appendix "B". The Commission finds that the Redevelopment Plan is in conformance with the Land Use Element of the General Plan. The Commission recommends an amendment to the Orange County Master Plan of Arterial Highways to bring the proposed redevelopment plan in conformance with the Circulation Element. The report of the Planning Commission satisfies the requirements of Section 65402 of the Government Code. -10- There are nO public buildings proposed for development within the project areas by the City nor is real property proposed for acquisition for public purposes except that which is required for street purposes. The Planning Commission recommends that the City Council and Redevelopment Agency approve and adopt the Redevelopment Plan for the South/Central Area Redevelopment Project. VIII. SUI~Y Ill[PORT OF lliE PI~O~ECT AREA COI~tII'I[E The Project Area Committee endorsed the Redevelopment Plan and recommended priority projects for its implementation. The summary'report and minutes of the Committe are attached hereto as Appendix "C". IX. BVIROliilE#TA[ Alii) NIEIGflBOPJ~OOI) ASS[SSMENT A summary of the environmental and neighborhood impact is contained in the introductory section of this report. A more complete discussion of environmental and neighborhood impacts is contained in Section XII of the Redevelopment Plan and Section XII of this report. A focused EIR has been prepared by LSA, Inc. for the extension of Newport Avenue to Edinger and is on file at City Hall. -11- X. COUNTY FINANciAL REPORT The report of the Orange County Auditor-Controller is attached as Appendix Staff has consulted with staff members of other taxing agencies. The demands of the Sanitation District and the Metropolitan Water District for a share of the tax increment could not be resolved. It is determined that the limited scope of this project will not have a detrimental effect upon other taxing agencies. In view of the long period of public neglect of these areas, the high cost of improvements, the limited scope of the project and the limited tax resources of residential properties, a sharing of incremental tax revenues with other taxing agencies would destroy the viability of the redevelopment project. XI. FISCAL REVIEW CO~II~rEE A Fiscal Review Committee was not created for this project· XII. REIGHBORHOOD IMPACT REPORT Pursuant to Section 33352(1) of the Heal th & Safety Code, this section describes in detail the impact of the Project upon the residents of the Project area and the surrounding areas, as authorized by Section 15061(e) of the State CESA Guidelines. -12- A. Location The location of the Project areas will have no adverse impact upon the residents of the area or surrounding areas other than that which presently exists. Both the northerly and southerly portion of the South Project area are bounded by freeways and the resultant noise and air pollution from the traffic. Mitigating measures are imposed upon new housing developments to reduce interior noise levels to meet State and City standards. Short term adverse impacts will result from the requirement for relocation of residents in substandard housing units. A decent, safe and sanitary replacement dwelling will be made available to the resident which is within the resident's financial means and not generally less desirable in regard to public utilities and public and commercial facilities. Additionally, relocation assistance is available to alleviate any financial burden caused by relocation. B. Traffic Circulation Traffic circulation will be enhanced by the extension of Newport Avenue to Edinger. This Project will be of greatest benefit to the total community although the Project areas will receive some secondary benefits. -13- Along with the positive factors of improved traffic circulation will come the adverse impacts of increased traffic and resultant noise. Some traffic will be directed from Redhill and increased congestion will result at the intersections of the Costa Mesa Freeway (Route 55) and Edinger Avenue. Increased traffic counts will adversely impact the cross traffic on Newport Avenue through its length of the arterial. Non-signalized intersections will cause increased delays in traffic breaks to gain access to Newport Boulevard as well as'shorter access time. Controlled intersections will experience increased stacking. This traffic impact will be the result of rerouting of traffic and not the result of developments within the Project areas. Under consideration by the California Transportation Agency is the closing of the easterly McFadden Avenue on and off ramps to the Costa Mesa Freeway (Route 55). This would have a beneficial impact upon residents of the immediate area but would also increase the congestion and adverse impacts on the Costa Mesa Freeway (Route 55) on and off ramps at £dinger. The pavement and improvement of local' streets in both the South and Central areas will enhance vehicular and pedestrian safety within the areas. The TustinHigh School automobile, bicycle and pedestrian traffic will benefit from improved streets and alleys. Mitigating against the adverse impact of traffic on Newport Boulevard are interconnected traffic signals and the relief provided to local traffic from'the Costa Mesa Freeway (Route 55) and Redhill Avenue. Additional mitigation will result from the extension of Jamboree-Myford Roads Which will provide an alternative to Newport, Redhill and the Costa Mesa Freeway (Route 55) for through traffic. Appendixed hereto (Appendix "E") is an extract from the Environmental Impact Report for the Newport Avenue Extension prepared by LSA, Inc. showing existing and projected traffic counts for Newport Avenue. It is reiterated that traffic circulation will be enhanced as a result of this redevelopment project. Increased traffic will not be caused by new developments within the Project area but will result from the rerouting and relief provided to other arterials. Mitigating measures will encompass interconnection of signals, additional traffic arteries outside of the Project areas, and sound attenuation of new structures within the area. C. Environmental Quality The short term impact of the Project may be negative due to traffic, noise and debris associated with rehabilitation and new construction. Silt and runoff can be expected as the result of construction activities. -15- The long term impact will be positive as a result of improved streets and adequate housing accommodations. After development is completed, the aesthetic improvements throughout the Project and the provisions for the construction of sidewalks,.curbs and gutters, and street trees will be significant improvements of environmental quality. A negative-long 'term impact upon the environmental quality may result from increased traffic counts. Mitigating measures will be imposed during the construction phase of the Project to prevent siltation and dust. Upon completion of the Project, catch basins and street sweeping will serve to prevent drainage basin pollution. Traffic control devices and interconnection of signal lights will mitigate against the adverse impacts of increased traffic. D. Availability of Community Facilities and Services No adverse impact will result from the Project as related to community facilities and services. Improved traffic circulation will permit greater access to municipal services within and without the Project area. Street improvements will permit street sweeping, drainage, and enhance pedestrian movement and safety. -16- Employees of the industrial areas southerly of Edinger will gain convenient access to community facilities such as the hospital, restaurants, stores, and public facilities. Access will be improved for emergency services of fire, paramedics, and police to the Project area and areas adjoining. E. Effect on School Population and Quality of Education The Project will have a slight positive impact upon school population due to a potential increase of school population. The Tustin Unified School District which serves the area has had a decrease of 2,000 students in the past four years. The addition of 310 dwelling units within the Project areas could generate an additional 100 school population upon ultimate development. This school population increase would not create a need for new school facilities nor reverse the trend of an aging population with a decline in school age chiidren. However, it will delay the impact of declining school enrollments and permit facilities to be efficiently used for a longer time frame than would be probable pursuant to existing trends. F. Property Assessment And Taxes The Orange County Auditor-Controller reports a 1981-82 Base Year Assessed Value within the Project of $74,313,106.00. The maximum impact upon any taxing agency, other than those activities within -17- the jurisdiction of the City Council, is :he projected t~o percent (2%) increase in value within the area that the Tustin Lighting District would receive if there is no redevelopment project. This would amount to $315.00 of tax revenue that would accrue to the Redevelopment Agency rather than to the Lighting District. An annual tax increment of $18,041.78 divided among 23 taxing agencies would not have a significant impact upon any one agency. Tustin Schools received the largest amount of tax revenue from the area in [981-82, amounting to $415,447.40. The loss of incremental property tax revenue to the Tustin Schools would equal $100.85. Under present school financing formulas, this loss would be recouped from other sources. The limited values within the areas would have no adverse impact upon any taxing agency or property assessment. G. Impact On Other Matters Affecting The Physical And Social Quality Of the Neighborhood Positive impacts will result from the Project as related to improved housing conditions. Public improvements will result in increased pride of ownership and maintenance of private properties. Wrecked and abandoned cars will be removed from the area and outside storage of trash and unused appliances will be prevented. Because of the existence of some adequate dwellings within the areas, and the continued residence of a portion of the population, the sense of neighborhood will not be destroyed. The potential exists for added interpersonal conflicts resulting from increased density. This potential m~y be mitigated by effective resident management of multi-unit complexes and homeowner's associations. H. Impact On Low And Moderate Income Housing 1. Within the Project areas there is a total of 2,627 housing units. The project will result in the expected removal of 20 low and moderate income housing units in the Central area and 6~ units in the South area. 2. The removal of the 63 units of substandard housing will cause the displacement of 25 families comprising 57 persons classified classified as low or moderate income households. 3. Within the South area of the projectj housing to be rehabilitated, developed or constructed pursuant to Section 33413 of the Heal th and Safety Code, will be located at the northern and southern entrances of the project area. This will include the condominium units proposed for the Newport Avenue area southerly of Kenyon Drive and for the redevelopment properties on "B" Street southerly of the I-5 Freeway. Within the Central area of the project, housing to be rehabilitated, developed or constructed will be located on San Juan, Bonita, Walnut and Orange Streets. ¢. The development of the property.on Newport Avenue southerly of Kenyon Drive will include 62 housing units for low and moderate income families thereby providing 37 units in addition to the replacement housing necessary for the project. 5. The moderate and low income housing units to be developed within the area will be constructed by the developers in accordance with the requirements of the City of Tustin Housing £1ement. Financing may be available though the auspices of the Orange County Housing Authority Revenue Bonds with allocation of Section 8 rent supplements from the Federal Housing and Human Resources Department. Funds from the twenty percent (20%) set-aside may be used for the purchase of land and improvements to reduce the cost of private developers who construct low and moderate income housing. 6. It is anticipated that the South Newport Avenue housing project will be intiated in fiscal year 1983-8¢ and completed prior to -20- July, 1984 and prior to the necessity to relocate residents displaced by redevelopment of other properties Within the Project Notice of Determination Environmental factors are evaluated in this report, in Section XII of the Redevelopment Plan, and in the focused EIR prepared by LSA, Inc. for the extension of Newport Avenue to Edinger. Mitigating measures are proposed and incorporated into the Redevelopment Plan and this report. On the basis of an initial study and the proposed mitigating measures, the Redevelopment Agency recon~nends that the City Council determine that the proposed redevelopment project will not have a significant effect on the environment. By adoption of this report, the City Council approves a Negative Declaration for the South/Central Redevelopment Project and direct staff to file a Notice of Determination with the County Clerk of the County of. Orange. -21- APPENDIX "A" FINANCIAL FEASIBILITY REPORT Source: Katz, Hollis, Coreo & Associates, Incorporated SUSJ £CT: REDEYELOPHENT AGENCY BILL HUSTON, EXECUTIVE DIRECTOR SOUTH/CENTRAL PROdECT AREA FINANCIAL REPORT RECOMMENDATION: That the Agency direct staff to proceed with the steps required to establish the South/Central Project Area. BACKGROUND: The Redevelopment Agency has previously reviewed the preliminary plan prepared by the Planning Agency for redevelopment of the South/Central Project Area. State redevelopment law provides that the Redevelopment Agency is responsible for preparing a draft redevelopment plan for the area to be considered by the City Council through a public hearing process. The Agency deferred preparation of them South/Central Area Plan until the Agency's financial consultant completed its financial review of the proposed project area. The consultant's financial review is attached to this memormndum. DISCUSSION: The financial feasibility of the South/Central Project Area is dependent upon capturing the increases in assessed valuation projected to occur with proposed new development. Since the major portion of projected tax increment is attributable to projects anticipated to occur within the next two fiscal years, it would be financially prudent to create the project area this fiscal year in order to establish fiscal year 1982-83 as the base 'year for purposes of computing future tax increment. It should be recognized however, that the initial financial viability of the South/Central Project Area depends upon the projects which as pointed out in the Hnancial report may or may not occur. The Hnancial consultant's report includes a projection of tax increment (Table A) and schedule of development in the South/Central Project Area (Table B). As pointed out in the report, two projects (15620-7¢ B Street and the Warmington project on Newport Ave.) which have been approved by the City may not be built. Because of that, their combined market value of $25,046,000 has been omitted from Tables A and B. Tables, A-1 and B-1 show the effect upon tax increment income assuming these two projects are built. Since redevelopment is a long tarm process~ it can be assumed that economic conditions will eventually improve and that other projects will proceed in the future thereby creating tax increment income. The rate at which r~e Age can proceed with projects fund~ vi:h :ax increment income will depend upon the pace of development in-~he South/Central Area. The Town Center Project Area has a more diversified land use and tax base and :her. fore tax increment income grew at a rate which provides :he Agency more t-lexibility in :he scheduling and financing of projects. The scale and pace of redevelopment activities in :he South/Central Project Area will necessarily be cons:rained by less income. In considering creation of :he South/Central Project Area the Agency should take into account the following policy issues: Each year 20% of the tax increment income will have to be set-aside in an account for low and moderate cost housing. State law provides :hat the 20% set-aside can be accumulated and expended outside the project area but within the City. The Agency could provide financial assistance for a particular project or combine the accumalated funds with another program such as the Housing and Comunity Development Act housing rehabilitation program. The Agency can directly or indirectly participate in providing or rehabilitating low And moderate income housing. The key is that Agency will be obligated by law to expend monies for low and moderate housing. In addition to :he 20% set-aside :he Agency will be obligated to ensure the replacement of low and moderate income housing within the project area :hat is destroyed. This would be the case whether or not the Agency is directly involved in a development project. This obligation will require a replacement housing plan to ensure that replacement units are and remain available for low and moderate income persons during the life of :he South/Central Project Area. In order to receive tax increment income, :he Agency is required by State law to incur debt. Because of the-relatively small amount of projected tax increment incQme_s~ bonding would not be a viable financial tool during the f~ix years, Other means, such as short term financing or advancing funds from the Town Center Project Area would be preferrable. Staff would recommend that General ~und income not be-used to create debt through loans to the South/Central Project Area. Other means, such as those mentioned above and the possibility of the Agency contracting with :he City to ~nance capital improvement projects in the South/Central Area (and thereby creating a debt of the Agency) could be explored. Taxing agencies affected by :he loss of potential property tax revenue as a result of tax increment flowing to the Agency are entitled by State law to request that the Agency share its income with them. The Agency is required to determine whether a financial burden will be placed upon another agency as a result of creating a project area. and freezing the tax base. However, the Agency has discretion as to whether it will allocate a share of its tax increment income. The burden of showing a financial hardship due to a redevelopment project is upon the agency requesting a share of the tax increment income. KatzHollis December 2, 1982 Mr. William A. Hus~on City Manager City of Tustin 300 Centennial Way Tustin, California 92680 Dear Mr. Huston: In response to Agency staff's request, a revised six year projection of tax'increment for the proposed South/Central Redevelopment Project has been prepared ~ud is enclosed for review. The revised projection reflects a significant reduc- tion in tax increment revenues due to changes in new develop- ment assumptions and allowances for the 20% housing set~ aside requirement under the California Redevelopment Law. The initial tax increment projection which was forwarded to the Agency on November 12th indicated that the potential new development identified by Agency staff was in some instances unlikely to occur according to estimated development schedules and, given a continuation of current economic conditions, might not occur at all. In discussions with developers'during The course of our analysis, two of the six. identified developments were specifically noted as being in a state of uncertainty. They are the prop6sed Cex~on development located at 15520-74 South "B" Street and the proposed Waz-mington development located at 14881 Newport Avenue. The estimated total market value of these developments is~5,046,000. These developments have been omitted from the re~'6~d projections in order to more realistically reflect anticipated development within the proposed redevelopment project area. As previously noted, the California Redevelopment Law requires that all newly adopted redevelopment projects be subject to the reservation or setting aside of 20% of the project's annual tax increment revenues for the purpose of providing low and moderate income housing. The 20% housing set-aside coupled with the adjustment of tax revenues resulting from the changes in the projecteff developments reduce estimated annual incremen- tal revenues in the first year that the project would receive tax revenues by $252,000, or 71 percent. A bonding capacity computation based on the adjusted tax revenues is enclosed. Tax revenues projected in 1985-86 (fourth year of the project) would support a gross tax alloca- tion bond issue of approximately $1,000,000 and provide the Agency with net bond proceeds of approximately $730,000. KatzHollis Mr. William A. Huston City of Tustin December 2, 1982 Page 2 The analysis, as presented, represents a conservative view of the proposed projects' development potential and tax revenue flow. The ability to fund capital improvements of any magnitude appears limited; however, to the extent that additional new construction takes place beyond that identified within the proposed project a~ea, and/or to the extent that proper~y owuership changes occur, the revenues to the Agency may be increased beyond those currently shown. If you have further questions or require additional information, please con~act our office. Sincerely, KATZ, HOLLIS, COREN & ASSOCIATES, INC. Gary G. Jones Enclosures GGJ/mm 120282 KatzHollis Table C Tus~in Redevelopmen~ Agency Proposed South/Central Project (Low EsTimates) Bonding CapaciTy of 1985/86 Tax Incremen~ Incremental Ts_x Revenues Less: 20% Housing set-aside' 25~ Coverage (1) Net Amoun~ to size Bond Issue $(40,000) (32,000) $199,000 (72,000) $127,000 Gross Bond Issue (20 years, 11%) 3~ Discouat Issuance cost Bond Insurance Sub-total Less: 1 year's Debt service in Reserve Fund Net Bond Funds Available $(30,000) (100,000) (20,000) $1,010,000 (150,000) $860,000 '- 127,000 $733,000 (1) Funds from coverage factor assumed to be retmined in reserve APPENDIX REPORT OF THE PLANNING COMMISSION Source: City o-f Tustin Planning Commission ~TE: TO: FROH: $ UBJ ECT: Inter-Corn Honorable Mayor & City Council Members Planning Commission South/Central Redevelopment Project A. Pursuant to Section 33346 of the Community Redevelopment Law, the Planning Commission has reviewed the South/Central Project Plan for conformity with the TustinlGeneral Plan and makes the following findings: The Redevelopment Plan is in conformance with the Land Use Element of the General Plan in that the plan requires conformance of the use of land within the project areas as specified by the General Plan, Zoning Ordinance and Municipal Code. (Sec. 301) The Redevelopment Plan proposes the extension of the Newport Avenue to Edinger Street. The City has adopted the Orange County Master Plan of Arterial Highways as the Circulation Element of the General Plan. The Arterial Highway Plan does not indicate the extension of Newport Avenue. An ameQ&~Lent to the Master Plan of arterial Highways will be necessaFy-=t~or the Redevelopment Plan to be in conformance with the Circulation Element. 3. Applicable goals and objectives of the Housing Element are as follows: a. To preclude discrimination for any arbitrary factor related to source of income, age, race, sex, marital status and ethnic backgrobnd. §. To promote and preserve the choice of housing accommodations, c. To provide a variety of housing styles. d. To remove artificial constraints to housing production within the limits of environmental and neighborhood preservations. e. To encourage the renewal of blighted, sub-standard and non-conforming housing structures. f. To provide for 15% of the total number of units of a subdivision to be available for moderate and/or low income families. Mayor & City Council South/Central Redevelopment Project Page 2 Exhibit E {p. 102) of the Housing Element designates areas within the proposed redevelopment project as potential housing sites and the Housing Element proposes the expansion of a redevelopment to incorporate the project area. The Project Plan is in conformance with the Housing Element of the General Plan. With the exception of Utt Park on State-leased land along the Santa Ana Freeway and Lambert School, there is no open space, recreation or conservation areas designated within the project area. The Redevelopment Plan is in conformance with the Recreation, Conservation and Open Space Element of the General Plan and provides an opportunity for the creation of additional open space or recreational areas. The Redevelopment Plan requires conformity of structures and uses with the Tustin Municipal Code, Zoning Ordinance and Uniform Building Code which establish conformity with the Noise Element, Seismic Safety and Safety Element of the General Plan. Other elements of the General Plan are not applicable to the Redevelopment Project areas. The Planning Commission recommends that: 1. A request be submitted for an amendment to the County Master Plan of Arterial Highways to extend Newport Avenue to Edinger Street. The City Council and Redevelopment Agency approve and adopt the Redevelopment Plan for the South/Central Area Redevelopment Project. JBS:RKF:jh James B. Sharp, Chairman A;r~l 11, 1983 Page 2 ~e Commission's desire ~o sac developed ~ara~ly, ~a~ ~ey ~hare c~n ~c~s ~ ~a ~v~ al t gned wt ~ ~e Char~ ~a s~ gnal lz~ t n~e~s~ on. AB~T: ~onl. OLD ~US~NESS: ~. Sou~ Central ~edevelo~n~ After dfscuss?on ~ga~f~ ~ ex~nsfon M~. PuckerS. ~onded by ~. Mns~fe. ado=~ton ~ ~e ~o~ ~ ~e Ct~ Coup1] as dr~f~ed. ~SENT: After p~sen~C~ of ~e s~ff ~o~, and ~tscusston ~a~ng landscaulng, t~ vas ~ved by cha~ S~8,~0.00 ~ allocated ~n ~ons~cC ~e pu~11c t~v~n~ In the TusCtn Hetgh~ Sho~ptng Cen~ ~dt~caC~on. · ~oClon ~r~: 4~ AYES: SHARP, A~gSL~E. PUCX~. ~T~ ABSENT: Af~e~ discussion mga~dlng confo~anca of ~e stgn ~ ~e Tus~tn Sign Co~e. ~e Co~tsst~ dt~ed C~lsston a~ou,ag~ m~en~ton of sl~e. ~v~ by ~. ~t~e. s~ond~ by ~. Pucker. a~=mval of ~e ~a~lng and ~o~ton ~ed: 4-0 AYES: SHARP. AINSLIE~ PUC~[~. ~ITE ~OES: Sone ~E~ BUSINESS: ~. General F~an ~evtston D~. ~engie ~p~a~ned ~a~ ~e G~ne~ P~an mqut~ed annun~ mvt~ and s~a~ed ~a~ ~e Houstn~ E]~ent ~as of g~en~est concern b~ause of changes tn ]~ ~tc~ ~nda~e a ~vts~on Hoved W ~. Puckers, ~onded ob~c~v~ and poi ~c~es of ~e HOUSIng E~ ~ent and ~ake ~ec~ended men~en~s, Also, ~at s~ff agend~zt ~e 1~ fo~ ~e fl~s~ regular m~Ctng tn July. ~OES: ~one APP£#DIX 'C' SUMMARY REPORT OF MINUTES OF THE PROJECT AREA COMMITTEE Source: Project Area Committee South/Central RDA Project Area Con~nttte Minutes of Regular Meeting March 9, 1983 The ROA Project Area Committee held its organizational meeting Wednesday, March g, 1983 at 7:30 p.m. in the City Hall Conference Room, 300 Centennial Way, Tustin, California. 1. The meeting was called to order by R. Kenneth Fleagle, Community Develo~nt Consultant at 7:30 p.m. 2. Roll Call Present: £1mo Anderson Jeff Mc£1 derry Jori Harrison Larry Sutherland .Absent: Also Present: Ann Durkee R. Kenneth Fleagle, D.P.A., Community Development Consultant 3. Glection of Chairman On the motion of Jeff Mc£1derry, seconded by Elmo Anderson, and unanimously carried, M. Lar~ Sutherland was elected chairman of the Project Area Committee. 4. Briefing on Duties and Responsibilities of the Committee Dr. Fleagle reviewed with the committee the highlights of the Community Redevelopment Law and the histo~ of the project. Copies of a draft redeve_~rPment plan were presented to the committee ~ers. 5. Discussion Committee members discussed the characteristics of the areas and 'redevelopment needs. Mr. Anderson invited the conmtttee's attention to the hazardous and substandard condition of "B" Street westerly of its intersection with Mitchell Street. Committee members decided to tour the area prior to the next meeting. 6. Schedule of Regular Meetings The Con~fttee determined that Wednesday evenings would, be the most convenient time for future meetings with meetings to be held regularly until the plan was adopted and thereafter on the call of the chair. 7. Adjournment At 8:20 p.m. the Committee adjourned to the next meeting to be held at 7:30 p.m. on Wednesday, March 16, 1983 in the City Hall Conference Room. R. ~ea~c~~ South/Central RDA Project Area Committe Minutes of Regular Meeting March 16, 1983 The RDA Project Area Committee held a regular meeting Wednesday, March 16, 1983 at 7:30 p.m. in the City Hall Conference Room, 300 Centennial Way, Tusttn, California. The meeting was called to order by Chairman Sutherland at 7:30 p.m. Roll Call Present: Andersen, Durkee, McElderry, Harrison, Sutherland Absent: None Also Present: R. Kenneth Fleagle, D.P.A., Community Development Consultant Minutes The minutes of the regular meeting held March g, i983 were approved as submitted. Discussion of Redevelopment Plan The Committee discussed the elements of the redevelopment plan including the following subject areas: Tax Increment Financing Participation of property owners and tenants in redevelopment projects Hou)ing accon~odations and set-aside for low and moderate income housing Public improvement program Actions i. Moved by Mr. Andersen and seconded by Mrs. Ourkee that the plan be amended to ~nclude Section 411.6 Beautification Projects, that Newport Avenue center islands be constructed fo~ the entire length of the project limits. Motion carried: B-O AYES: Andersen, McElderry, Durkee, Harrison, Sutherland NOES: None ABSENT: ~one 2. Moved by McElderry, seconded by Harrison, and unanimously carried that the staff be directed to prepare the Committee report to the City Council including the establishment of priorities for public improvements and the' financing of ~rojects in advance of tax increment revenues by the borrowing of funds. Adjournment At 8:50 p.m. the Committee adjourned to the next meeting to be held at 7:30 p.m. on Wednesday, April 16, 1983 in the City Hall Conference Room. R. Kenneth Fleag~e, D.P~. South/Central RDA P~oJect Area Commftte Minutes of Regular Meeting -April 6, ig83 The ROA Project ~rea Committee held a regular meeting Wednesday, April 6, 1983 at 7:30 p.m. in the City Hall Conference Room, 300 Centennial Way, Tustin,.California. The meeting was called to order by Chairman Sutherland at 7:35 p.m. Roll Call Present: Andersen, Durkee, McElderry, Harrison, Sutherland Absent: None Also Present: R. Kenneth Fleagle, D.P.A., Community Development Consultant Minutes The minutes of the regular meeting held March 16, 1983 were approved as amended. Oiscussion of Regort Committee members discussed the draft report of the Project Plan as presented by staff. Paragraph 1. was amended to indicate that publlc improvements by the Redevelopment Agency were proposed with the intent of stimulating private investment and !mprovements of private property. Paragraph 3 was amended to clarify the impact of rex increment financing which would not increase *the tax rate for existing property owners whose properties are not sold or improved. Actions [. By consensus, the draft report to the City Council was approved as amended and each committee member affixed their signature to the report. Adjournment At 8:05 p.m. the Committee adjourned to the next meeting to be held at on call of the chair. R. Kenneth Flea!~e,~ O.P.A. DATE: TO: FROM: SUBJECT: April 18, 1983 Inter-Corn Honorable Mayor & City Council South/Central Redevelopment Area Project Committee Redevelopment Plan Report Pursuant to Section 33347.5 of the Community Redevelopment Law, the South Central Redevelopment Project Area Committee has participated in and reviewed the Redevelopment Plan. The Committee finds and recommends as follows: There are areas of blight and a lack of public improvements within the project area which would not be corrected without the intervention of the city government of Tustin. The intent of the Redevelopment Plan is to make public improvements to stimulate private investment and development. The project areas were county islands prior to 1978-79 and were neglected in the allocation-~ax funds for public improvements or were developed prior to the imposition of requirements for public improvements. The financing of the redevelopment projects will be made possible by a return of property taxes to the area from which they are collected and will not increase the tax rate or assessed value for existing property owners whose properties are not sold nor improved. The set-aside for moderate and low income housing will mitigate against adverse impacts of any relocations that may result from the project. It is also acknowledged that replacement housing outside of the project area will be of benefit to the project. 5. Median islands in Newpor~ Avenue should be constructed for the length of the project. Priorities are recommended for public improvements within the project areas, inI the interest of health, safety and welfare, to consist of the following: a. street improvements for those streets providing direct access to Tustin High School, i.e., San Juan and Orange· b. street and flood control improvements for the South "B" Street area, to include the correction of hazardous conditions. Redevelopment Plan Report Page 2 In vi'ew of the critical need for public improvements within the project areas, in the interest of health, safety and welfare, and the extended period of time before tax increment funds are received, it is recon~nended that the Redevelopment Agency borrow funds from other sources to enable the construction of public improvements as soon as possible. Respectfully submitted, Chairman Elmo Andersen ~lJon Harrison Ann Durkee APPENDIX COUNTY FINANCIAL REPORT Source: Auditor-Controller County of Orange ~F OF OFFICE OF AUDITOR-CONTROLLER March 22, 1982 AU OI TO RoCON TROLl. ER 630 NORTH BROADWAY [~, O, BOX 567 SANTA ANA, CALIFORNIA 92'702 TELEPHONE: 836,--2450 AREA CODE 714 TO: Finance Director, Tustin Redevelopment Agency SUBJECT: City of Tustin South/Central Redevelopment Project Pursuant to Section 33328 et seq. of the California Health and Safety Code, you will find enclosed your copy of the Fiscal Impact Report for the subject redevelopment agency. Further inquiries may be directed to the: County of Orange Auditor-Controller's Office Attn: __~x Section 630 N. '"~'~adway P. ~. Box 567 Sant& Aha, CA 92702-0567 NGG:el Enclosure Neal G. Gruber Senior Accountant Tax Section TABLE I - H~ALTH & SAFETY - CODE 33328 (A) CITY OF TUSTIN - SOUTH/CENTRAL REDEVELOPMENT PROJECT 1981-82 BASE YBAR ASSESSMENT ROLL Secured Assessed Value - Local Roll State Board of Equalization - Public Utility Roll Unsecured Assessed Value - Local Roll Total Assessed Value within the Project $74,263,308 1,090 48,708 $74,313,106 TABLE II - HEALTH & SAFETY CODE 33328 (B) CITY OF TUSTIN - SOUTH/CENTRAL REDEVELOPME~T PROJECT REPORT OF IDENTIFICATION OF TAXING DISTRICTS WITHIN THE PROJECT The District numbers and the taxing agencies' names are: 001E 063B 500A 600A 601A 002A 710A 713A 736A 978A 703A 707A 744A 803A 820P 863B 922A 960A 961A 560B 915A 063D County Inside Excluding CSFP (County General) Tustin City Saddleback Community College District School Modification Aid (Dept. of Education) School Institution Tuition Tax (Dept. of Education) Orange County Public Library Orange County Flood Control District Orange County Harbors, Beaches and Parks District Tustin Lighting District 7th Sewer Maintenance District Orange County Cemetery District No. 1 Orange County Transit District Orange County Vector Control Distr~ct East Orange County Water District MWD - MWDOC Original Area 12050012 (Met. Wtr..Dist.) Municipal Water District - Orange County Original Area Orange County Sanitation District ~7 Orange County Water Distric-~---= Orange County Water District Water Reserve Tustin Unified School District - Tustin Elementary Orange County Sanitation District ~1 Tustin City 1976 Annex 0 © u TABLE IV - HEALTH & SAFETY CODE 33328 (D) CITY OF TUSTIN - SOUTH/CENTRAL REDEVELOPMENT PROJECT REPORT OP TOTAL AD VALOREM REVENUE EAC~ DISTP~ICT HAS AVAILABLE FROM WITHIN AND OUTSIDE THE PROJECT The revenue data necessary to complete this section of the Fiscal Review Report does not currently exist because of the impact of Assembly Bill 8. An inordinate manual effort and expense would be required of the County Auditor-Controller's staff to gather any reliable substitute data. Therefore, the Fiscal Review Report does not contain the total Ad Valorem B~venue information for the project area. There has been included, however, a supplemental table of comparative assessed values for each taxing district to give a relative indication of Base Year Revenue percentage given up to the CRA. See Table IV(D), Supplement. 0 I> 4J.~' 0 ~',~ 0 TABLE VI - HEALTH & SAFETY CODE 33328 (E) CITY OF TUSTIN - SOUTh/CENTRAL REDEVELOPMENT PROJECT REPORT OF AGENCY'S REVENUE IN FIRST YEAR The Auditor-Controller has been advised by the Tustin Community Redevelopment Agency that no major structures and improvements will be made within the Project boundaries ~uring the first year, so therefore we anticipate a conser- vative growth in value of the area within the Project boun- daries to increase by only 2.0 percent. Total 1981-82 Base Year Revenue $902,089.00 Total Expected Percentage Increase in Value 2.0% 1982-83 Increment Tax Revenue Estimate $ 18,041.78 TABLE IV - HEALTH & SAFETY CODE 33328 (F) CITY OF TUSTIN - SOUTH/CENTRAL 'REDEVELOPMENT PROJECT P. EPORT OF ASSESSED VALUATION BY BLOCK WITHIN THE PROJECT Health and Safety Code, Section 33328 (f) requires: "The assessed valuation of the project area, by block, for the preceding five years, except for state assessed property on the board roll." The assessed valuation data necessary to complete this section of the Fiscal Review Report does not exist because the valuation files maintained by the county do not contain historical assessed values by block. An inordinate manual effort and expense would be required of the County Assessor's and County Auditor's staff to gather any reliable substitute data. Therefore, the Fiscal Review Report does not contain the preceding five-year assessed valuation information for the project area. TABLE V - HEALTH & SAFETY CODE 33328 (G) CITY 'OF TUSTIN - SOUTH/CENTRAL R~DEVELOPM~NT PROJECT R~PORT OF 1981-82 ASSESSED VALUATION OF PROPERTY WITHIN 300 FEET Secured Assessed Value - Local Roll State Board of Equalization - Public Utility Roll Unsecured Assessed Value - Local Roll Total Assessed Value Within 300 Feet $86,599,054 2,250 $86,601,304. APPENDIX TRAFFIC IMPACT Source: LSA, Incorporated 10 CIRCULATION A traffic study for the project was prepared by BDI, transportation plan- ners, and is reproduced in Appendix B. The study addresses potential impacts of the project on the local and regional circulation systems, and addresses safety considerations as well as project alternatives. The discussion below summarizes and extracts from the BDI traffic study. Existing Conditions Roadway Characteristics. Arterial roadways in the vicinity of Newport Avenue and its proposed extension of Edinger Avenue consist primarily of the Costa Mesa Freeway {State Route 55, formerly the Newport Freeway), Edinger Avenue, McFadden Street, Red Hill Avenue, and Newport Avenue (Figure 2). The Costa Mesa Freeway is a six-lane freeway with additional auxilliary lanes serving the McFadden on/off-ramps and the I-5/SR-55 interchange. On/ off-ramps are presently provided for northbound traffic southerly of the McFadden Street overcrossing and for southbound traffic north of the McFadden Street crossing. Edinger Avenue/Moulton Parkw_.~.~i~s_ a major east-west arterial extending from Harvard Avenue in central Ir6ln~-westerly to Huntington Beach. Future extension of the roadway easterly to CuJver Drive in Irvine is in design, and construction is expected within the next few years. Completion of this road- way segment will orovide a continuous roadway paralleling the Santa Ana (I-5) Freeway. McFadden Street terminates at Newport Avenue-and extends westerly to pro- vide four travel lanes and a median area. The overcrossing of Route 55 (Costa Mesa Freeway) narrows to 'provide two travel lanes in each direction. Traffic signal control is provided at the McFadden intersection with Newport Avenue. Red Hill Avenue is a major north-south arterial highway providing three travel lanes in each direction and a raised median. Red Hill Avenue provides a major north-south connection to the .Irvine Industrial Complex, Santa Ana Freeway {i-5), and locations in the city of Tustin and county areas northerly of Tustin. Newport Avenue is a north-south arterial highway through the city of Tus- tin terminating at the. AT&SF railway northerly of Edinger Avenue. Northerly of Sycamore Avenue, the roadway is fully improved to two travel lanes in each ' direction and a painted median area. Southerly of Sycamore Avenue, the road- way varies from'a fully improved conditiOn to a partially improved condition. 11 Upon completion, the recently approved condominium development at the souther- ly terminus of the roadway will complete the roadway to its master-planned geometrics. Presently, without its extension to Edinger Avenue, the roadway terminates in a cul-de-sac with access provided to the adjacent residential development. Other roadways in the project vicinity include Sycamore Avenue and Walnut Avenue north of the project site. Traffic Volumes. Existing traffic volume data for streets in the vicinity of the project area were obtained from the City of Tustin, County of Orange Environmental Management Agency, and California Department of Transpor- tation. Figures 4 and 5 depict 1981 traffic data for daily and a.m./p.m. peak-hour conditions, respectively. Railroad Operations. At the Newport Avenue site, two main-line tracks are provided. Westerly and easterly of Newport Avenue, a siding is provided along the southerly side of the ma~n tracks to serve adjacent land uses. According to the Atchison, Topeka and Santa Fe Railway Company {Toliver correspondence in Apoendix A), 14 scheduled Amtrak passenger trains operate through the project area daily. An average of four freight trains each day also traverse the site; however,~ght traffic is unscheduled and varies according to commercial activity. In addition, four switching movements oper- ate continuously, two during the day and two during the night. Speeds through the area are go mph for passenger trains and 60 mph for freight trains. Impact~ Year 1995 daily traffic volume forecasts for the present roadway network are depicted in Figure 6. Traffic forecasts for the area were obtained from the County of Orange Environmental Management Agency.. Estimates of 1984 and 1995 daily traffic volume forecasts for Newport Avenue and the surrounding street system after completion of the proposed alignment are depicted in Figures 7 and 8 {see the Project Alternatives sec- tion for a discussion of projected volumes associated with an alternative alignment). A review of these figures and comparison to existing traffic vol- umes shows that Newport Avenue between Edinger and Sycamore Avenues is expect- ed to increase from the existing 4,000 daily trips to 10,900 in 1984 and 17,500 in 1995. Traffic circulation improvements for the Costa Mesa Freeway and I-5 {Santa Ana Freeway) are under study by the California Department of Transpor- tation {CalTrans) and the Orange County Transportation Commission. Alterna- tives under study include closing and relocation of the McFadden Street onf 4 Existing Average Daily Traffic Volumes LEGEND X,XXX- 1981 DALLY TRAFFIC VCLUME HOT TO ~,CALE N MCFAOOEN ED~GER AVENUE 5 Existing AM/PM Peak 0.610.5 ,.410.5 Traffic Volumes LEGEND X.X IY.Y - (IN THOUSANDS) X.X - AM Y.Y - PM NOT TO SCALE N ,~DEN o.% EDINGER AVENUE ).4/0.3 6 t4 Avera.qe Daily Traffic Volumes- 1995 LEGEND X,XXX - 1995 DAILY TRAFFIC ./ NOT TO 8CAI,,1E .f,,MCFACDEN ~ m ~TREET 000 - o° . "%, ~. ~..- ~ EDINGER AVENUE // SOURCE: COUNTY OF ORANGE ENVIRONMENTAl,. MANAGEMENT AGENCY 7 15 1984 Daily Traffic Volume Forecasts With Newport Avenue Extended to Edinger Avenue and Route 55 NB On/Off-Ramp Intersection LEGEND XXX - 1984 DAILY TRAFFIC NOT TO SCALE MCFADDEN 4C~J _z,. ~ sT~E;T 26,500 o 0 EDINGER AVENUE 25,700 _~000 ,600 7,40C 8 Average Daily Traffic Volumes-1995 With Newport Avenue Extended to Edinger Avenue and Route 55 NB On/Off-Ramp Intersection LEGEND xxx - 1996 DALLY TRAFFIC NOT TO SCALE N 55,000 18 14,000 18,000 17 off-ramps for the Costa Mesa Freeway. Discussions with CalTrans representa- tives indicate that improvement of the I-5/SR-55 interchange capacity will require relocation of the southbound on/off-ramps to a location southerly of McFadden Street and closure of the northbound McFadden off-ramp. To address the potential impact of future removal of'the northbound Costa Mesa Freeway/ McFadden off-ramp, esti.mates of 1984 and 1995 traffic forecasts were made with the ramp removed. Results of these analyses are shown in Figures 9 and 10. A comparison of Figures g and 10 to Figures 7 and 8, respectively, shows that this alternative would increase Newport Avenue traffic by approximately 7,000 daily trips in 1984 and 11,000 daily trips in 1995. These changes would be significant and should be reviewed carefully at the time the CalTrans I-5/ Route 55 interchange EIS is distributed, These are preliminary forecasts and should be refined as additional data for the area are obtained. With construction of the extension, it would become desirable to create a left-turn pocket for eastbound motorists on Edinger Avenue turning north onto Newport Avenue. The presence of this left-turn pocket would conflict with left-turn movements from Edinger Avenue into the parcel now occupied by the Mutual Liquid Gas and EQuipment Company. Consequently, after the extension, turning movements into the parcel would need to be restricted, either by a raised median or by signing, to ri~urns only in and out. Access to other parcels will remain unchanged after the extension. (The proposed alignment as depicted schematically in Figure 2 will not restrict access to either the existing or proposed multi-family residences along New& port Avenue.) Mitigation Measures 4. The proposed extension shall be designed such that, in the event CalTrans elects to close the Route 55/McFadden northbound off- ramp, the proposed extension will be compatible with CalTrans needs for alternate Route 55 ramp access. A ~aised median shall be constructed on Edinger Avenue west of the proposed Newport Avenue ~ntersection to restrict access to right-turn mov~ents only into and out of the parcel now occu- pied by the propane retail business, 9 1984 Daily Traffic Volume Forecasts With Newport Avenue Extended to Edinger Avenue and With Route 55/McFadden Off-Ramp Removed MCFADDEN 26,500 18 7,000 EDINGER AVENUE 25,700 NOT TO SCALE 10 Average Daily Traffic Volumes 1995 With Newport Avenue Extended to Edinger Avenue and Route 55 NB , On/Off-Ramp Intersection and With Route 55/McFadden Off-Ramp Removea 20,000 ,,lC EDINGER AVENUE 55,000 29,000 NO1' TO N vi I viii THE REDEVELOPMENT PLAN THE SOUTH/CENTRAL REDEVELOPMENT PROJECT July 18, 1983 Redevelopment Agency Ronald B. Hoesterey, Chaiman Ursula E. Kennedy, Vice-Chairman Richard B. Edgar Frank H. Greinke Donald J. Saltarell'i Staff William A. Huston, Executive Director Mary E. Wynn, Secretary Ronald A. Nault, Treasurer Donald D. La,,,,~, Community Development Director James G. Rourke, General Counsel R. Kenneth Fleagle, Consultant THE REDEVELOPMENT PLAN FOR THE SOUTH/CENTRAL AREA REDEVELOPMENT PROJECT Table of Contents II. III. IV. INTRODUCTION PROJECT AREA BOUNDARIES GENERAL STANDARDS & PERMITTED USES Land Use Limitations Residential Uses Commercial-Retail Uses Office-Professional Uses Industrial Uses Public Uses Public, Semi-Public & Institutional Uses Public Streets, Alleys, Rights-of-Way Open Space Interim Uses Buildings Limitations Building Type Building Size Building Height Number of Buildings Number of Dwelling Units General Controls,'Limitations, Restrictions New Construction .... Existing Nonconformity Rehabilitation & Retention Light, Air & Privacy Signs Utilities Incompatible Uses Non-Discrimination Resubdivision Design for Development Building Permits Affordable Housing Allocations of Tax Revenue for Housing Exceptions to Affordable Housing Requirements Powers of Agency in Providing Affordable Housing Replacement of Low & Moderate Income Housing Replacement Housing Requirement Allocation of Affordable Housing Units Retention of Affordability Replacement Housing Plan Preference to Limited Equity Housing PROPOSED REDEVELOPMENT ACTONS General Participation by Owners & Tenants. Opportunities for Owners & Tenants Rules for Participation & Priorities Participation Agreements Cooperation with Public Bodies Project Area Committee Property Acquisition Acquisition of Real Property Acquisition of Personal Property Property Management Relocation of Persons Assistance in Finding Other Locations Relocation Payments Section 100 200 3OO 301 302 303 3O4 305 306 307 3O8 309 310 311 312 313 314 315 316 317 317.1. 317.2 317.3 317.4 317.5 317.6 317.7 317.8 317.9 318 319 320 320.1 320.2 320.3 321 321.1 321.2 321.3 321.4 321.5 400 401 402 402.1 402.2 402.3 403 404 405 405.1 405.2 406 4O7 407.1 407.2 Table of Contents Page 2 VI. VII. VIii. IX. X. XI. XII. Demolition & Site Preparation Demolition & Clearance Public Improvements Preparation of Building Sites Property Disposition & Development Real Property Disposition General Disposition to Owners & Tenants Disposition & Development Documents Development by Agency or Other Public Development Plans Personal Property Disposition Rehabilitation, Conservation & Moving of Structures Rehabilitation & Conservation Moving of Structures Construction of Public Facilities Public Improvement Projects Central Area Transportation Facilities South Area Transportation Facilities South Area Traffic Controls. South Area Flood Control Aggregate Costs METHODS FOR FINANCING THE PROJECT General Description Tax Increment Funds Other Loans & Grants Segregation of Housing Funds LIMITATIONS ON FINANCES LIMITATIONS ON BONDED INDEBTEDNESS ACTIONS BY THE CITY ENFORCEMENT DURATION OF 'PLAN PROCEDURE FOR AMENDMENT ENVIRONMENTAL IMPACT 408 408.1 408.2 408.3 409 409.1 409.11 409.12 409.13 409.14 409.15 409.2 410 410.1 410.2 411 411.1 411.2 411.3 411.4 411.5 411.6 500 501 5O2 503 5O4 600 '700 800 900 1000 1100 1200 THE REDEVELOPMENT PLAN FOR THE SOUTH/CENTRAL AREA REDEVELOPMENT PROJECT I. (Sec. 100) INTROI)UCTION This is the Redevelopment Plan for the South/Central Redevelopment Project. areas in the City of Tustin (the "City"), County of Orange, State of California, and consists of the Text and the Redevelopment Plan Map ("Map"). This Redevelopment Plan was prepared by the Redevelopment Agency of the City of Tustin (the "Agency") pursuant to the Community Redevelopment Law of the State of California (Health & Safety Code, Section 33000, (et. seq.), the California Constitution, and all applicable local laws and ordinances. This Redevelopment Plan provides the Agency with powers, duties, and obli- gations to implement and further the program generally formulated in. this Redevelopment Plan for the redevelopment, rehabilitation, revitalization and maintenance of the areas within the 'boundaries shown on the Map. This Redevelopment Plan does not present a specific plan nor establish specific projects for the redevelopment, rehabilitation and revitalization of any area within the South/Central Redevelopment Project area boundaries. This Redevelopment Plan does not present specific proposals in an attempt to . solve or alleviate the multitude of concerns and problems of the community and the citizenry relating to any such areas. Instead, this Redevelopment Plan presents a process and a basic framework within which specific plans will be presented, specific projects will be establ.ished, and s~ecific solutions will be Proposed, and by.which tools are provided to the Agency to fashion, develop, and proceed with such specific plans, projects and solutions. It is the intention of this plan to encourage private enterprise to engage in as much of the redevelopment activities as possible. The exception to this being those duties or improvements which normally fall within activities of the public sector or require public participation or assistance in order to expedite the project activities. An environmental assessment of the general nature of the project is included in Section XII of this plan. A specific and focused Environmental Impact Report pertaining to the extension of Newport Avenue to Edinger and possible grade separaton at Red Hill and Edinger has been prepared by LSA, Inc. A copy of the focused EIR is on file with the city Engineer and in the Tustin Branch of the Orange County Library for public review and comment. This plan is separate and distinct from the Redevelopment Plan for the Town Center Area Redevelopment Project. II. (Sec. 200) PROJECT AREA BOUNDARIES The boundaries of the project areas are illustrated by the maps shown as Exhibit 1 and further described by the following legal descriptions for the South and Central areas. The South area is generally described as the area southerly of the I-5 freeway bounded by the Costa Mesa Freeway on the west, Newport Avenue on the east and Edinger on the south. The Central area is generally described as the area southerly of Main and Bryan Streets bounded by Newport Avenue on the west, a line along C.C. Lambert School on the East and Bonita Street on the South. South/Central Area Redevelopment Project Page 2 LEGAL DESCRIPTION FOR THE SOUTH REDEVELOPMENT PROJECT CIl~( OF TUSITN That portion of Lots 65 and 66 in Block 10 and Lots 33, 48, 49, 63 and 64, all in Block 11 of the 1trine Subdivision, as shown on a map recorded in Book i, Page 88 of Miscellaneous Maps, records of Orange County, that portion of Stafford and Tustin Tract as shown on map recorded in Book 1, Pages 15 and 16 of Miscellaneous Records of Los Angeles County, that portion of Tustin City as shown on a map recorded in Book I, Pages 52, 53 and 128 of Miscellaneous Records of Los Angeles County, that portion of Newport Avenue Tract as shown on a map recorded in Book 4, Page 76 of Miscellaneous Maps, Records of Orange County, that portion of Ballards Addition as shown on a map recorded in Book 1, Page 4~) of Miscellaneous Maps, Records of Orange County, that portion of Section 16, 17, 20 and 21 in Township 5 South, Range 9 West, San Bernardino Meridian, all being in the City of Tustin, County of Orange, State of California as followed. BEGINNING at the West corner of Lot 16 as shown on a map of Tract No. 4527 recorded in Book 163, Page 38 and 39 of Miscellaneous Maps, Records of Orange County, said point also being the Northerly corner of the land described in a deed to Tustin School District of Orange County, recorded October 22, 1968 in Book 8762, Page 508, in Official Records of Orange County; Thence along the Westerly line of said land to Tustin School District of Orange County, South 39°54'46'' West 95.02 feet to the beginning of a curve concaved Northerly having a radius of 75.00.feet; thence Southwesterly along said curve though a central angle of 89°59'07"a distance of 117.79 feet; thence North .50°06'07'', West 48.30 feet; thence South 39°55'51'' West .310.00 feet to a point in the Northeasterly line of'the la~d described in the deed to the Orange County Flood Control District recorded August 6, 1963 in Book 662, Page 4~$5 of Official Records, Orange County; Thence Southeasterly along the Northeasterly line of said land to Orange County Flood Control District and its Southeasterly prolongation South 50°06'07" East 1600.18 feet to the most Westerly Northwest corner of Lot 204, as shown on a map of Tract No. 6647, recorded in Book 251, Pages 4 through 7, inclusive, Miscellaneous Maps, Records of Orange County, said point also being on the Southeasterly line of Redhill Avenue (110.00 feet wide) as.shown on said map on Tract No. 6447; Thence along the Southeasterly line of said Redhill Avenue and its Southwesterly prolongation, South 39°56'54'' West 545.00 feet to a point in the Southeasterly prolongation of the Southwesterly line of Edinger Avenue (formerly Moulton Parkway) as described in a deed to the County of Orange, recorded September 7, 1960 in Book 5406, Page 473, in Official Records of Orange County; Thence North 50°06'07'' West along said Southwesterly line of Edinger Avenue and its prolongation,, 2730.7? feet to a point in the Northwest line of Newport Avenue (60.00 feet wide) as shown on a map entitled "PARCEL D, IRVINE-MYFORD ANNEXATION NO. 81 (AMENDED)" to the City of Tustin, as adopted by Ordinance No. 716 dated April 4, 1977 by the City Council of said City; Thence along the existing City of Tustin boundary per said Parcel "D", IRVINE-MYFORD ANNEXATION NO. 81 and the South Tustin Avenue Annexation No. 2, per Ordinance No. 146 adopted February 6, 1961, through the following courses: North 39~53'38'' East ~87.08 feet, North 0°24'28'' East 64.27 feet, South 89°56'36'' West 111.63 feet, North 50°06'22'' West 43.06 feet, North 19°¢2'~4'' East 256.71 feet, North 39~53'38'' East 50.00 feet, South 50°16'22" East 36.70 feet to a point in the West line of Old Tustin Avenue as shown on a map entitled "Newport Freeway Right of Way Map, Road 7-0RA-55" per File No. 9638 in the Office of the County Surveyor of Orange County; South/Central Area Redevelopment Project Page 3 Thence along the Easterly line of the Newport Freeway as shown on said Right of Way Map through the following courses: North 0°23'56" East [68.87 feet, North 11°24'09" East 667.27 feet, North 49°54'11'' East 261.24 feet, North 84°40'18'' East 216.58 feet, South 65°40'30" East 403.[9 feet to the most Easterly corner of Lot 12 as shown on a map of Tract No. 5469 recorded in Book 198, Pages 30 and 31, of Miscellaneous Maps, Records of Orange County; Thence North 37°40'28" East 160.58 feet to the South corner of Lot 8 as shown on a map of Tract No. 5468, recorded in Book 206, Page 31 and 32 of' Miscellaneous Maps, Records of Orange County, California, said point also' being on the right of way line of said Newport Freeway; Thence along said Newport Freeway right of way line through the following courses: North 65°10'04'' West 405.80 feet, North ~°55'47" West 143.05 feet, North 65°40'52'' West 215.45 feet, North 3g°52'28'' West 286.23 feet, North 1°54'57" West 765.03 feet, North 5°48'19" East 175.93 feet, North 0°03'54'' West 746.79 feet, North 2°51'29'' East 450.99 feet, North 0°03'54'' West 553.26 fee~c, North 4z~°02'41'' East 424.87 feet, North 74°12'50" East 141.35 feet, South 74°59'20'' East 248.64 feet to a point on the Southerly right of way line of the Santa Aha Freeway as shown on a map entitled "Santa Aha Freeway Right of Way Map F-1982" per plan No. 7731 on file in the Office of the County Surveyor, Orange County; Thence along said South line of said Santa Aha Freeway and the existing City of Tustin bounda~ as established by the Bolyard Annexation per Resolution No. 970 adopted Nove~er 18, 1968 and the Nisson - "B" Street Annexation No. 11 (Revised) along the following courses: South 67°35'47'' East 285.50 feet, North 0°03'13" East 10.00 feet, South 67°35'47" East 101.74 feet, South 67°43'04" East 1226.00 feet, more or less, South 60°11'22'' East 76.53 feet, South 66°09'30" East 734.87 feet to a point on the Southerly prolongation of the Westerly line of E1 Camino Real (Formerly . "D" Street). (60.00. f~t wide). Thence along said Southerly prolongation of the West line of said E1 Camino Real South 0°12'10" East 72.98 feet to a point in the Westerly prolongation of the Southerly line of Nisson Street (50.00 feet wide) said Southerly line of Nisson Street being the Southerly line of the Frontage Road as shown on said Right of Way Map of the Santa Aha Freeway. Thence along said Westerly prolongation of said Southerly line of Nisson Street South 70°5g'20'' East 119.85 feet to a point of cusp with a curve concaved Southeasterly having a radius of 25.00 feet; thence Westerly and Southwesterly along said curve through a central angle of 69°07'02" a distance of 39.16 feet to a point on the Southeasterly line of Newport Avenue (100.00 feet wide); Thence along said Southeasterly line of Newport Avenue South 39°53'38'' West [928.45 feet to an angle point in said Southeasterly line and its Southwesterly prolongation said angle point being in the centerline of Walnut Avenue (90.00 feet wide); thence continuing along said Southeast line of Newport Avenue and its Southwesterly prolongation South 39°55'20'' West 1270.53 feet to a point; thence North 50°04'40" West 10.00 feet to a point on the Northeasterly prolongation of the Southeasterly line of said Newport Avenue (80.00 feet wide) as shown on a map recorded in Book 70, Page 3D, of Records of Surveys, County of Orange; Thence along said Northeasterly prolongation of said Southeasterly line of Newport Avenue South 39°53'38" West 775.61 feet to a point in the Southwesterly line of the land shown on said Record of Survey; Thence South 50°06'07" East along said Southwesterly line and the Southwesterly line of Tract No. 4664 as shown on a map recorded in Book [63, Pages 40 and 4[ of Miscellaneous Maps, Records of Orange County, and said Tract No. 4527 a distance of 1174.10 feet to the POINT OF BEGINNING. The above described land contains 214.667 acres, more or less. South/Central Area Redevelopment Project Page 4 LEGAL DESCRIPTION FOR THE CENTP~AL REDEVELOPMENT PROJECT CITY OF TUSTIN That portion of the Irvine Subdivision in the City of Tustin, County of Orange, State Of California, as shown on a map recorded in Book l, page 88 of Miscellaneous Maps, records of said County, described as follows: BEGINNING at a point in the existing boundary of the Town Center Area Redevelopment Project in the City of Tustin as approved by the Council of said City per Ordinance No. 701, said point being the centerline intersection of Bryan Avenue (73.00 feet wide) and Main Street (80.00 feet wide) as established by Tract No. 5390, as per map recorded in Book 202, pages 8 and 9 inclusive, of Miscellaneous Maps, records of said County; Thence along said existing boundary through the following bearings and distances: South 89°59'11'' West 1217.52 feet; South 39°57'46'' West 359.69 feet; South 50°01'32" East 130.00 feet; South 39°67'46'' West 150.00 feet; North 50°01'32'' West 50.00 feet; South 39°57'46'' West 680.00 feet; North 50°01'32" West 50.00 feet; South 39°57'46'' West 250 feet; South 50°01'32'' East 640.00 feet to an angle point in said existing boundary; said point lying in the Southeasterly line of Orange Street (50.00 feet wide) and being an angle point in the City of Tustin boundary as established by the High School Annexation per Resolution adopted by the Board of Supervisors of said County dated June 19, 1957; Thence leaving said existing Redevelopment boundary North 39°57'46'' East 870.00 feet along said Southeasterly line of Orange Street to a point in the Southwesterly line of San Juan Street (60.00 feet wide); Thence along said Southwesterly line of San Juan Street South' 50°01'32" East 642.77 feet to a point of intersection with the Southwesterly prolongation of the most Northwesterly line of Tract No. 8760, as per map recorded in Book 362,.pages 15 and 16 of Miscellaneous Maps, Records of said County; Thence along said Northwest line and its prolongation North 39°55'55'' East 360.$1 feet to the most Northerly Northwest corner of said Tract No. 8760; Thence along the Northeasterly boundary of said Tract °No. 8760 South 50°01'16" East 10.00 feet to the Southwesterly corner of Tract No. 4334 as per map recorded in Book 153, pages 13 to 15 inclusive of Miscellaneous Maps, Records of said County; Thence along the Northwest line of said Tract No. 4334 North 39°55'56'' East 688.52 feet to an angle point in the boundary of said tract; thence continuing along said boundary South 50°00'30" East 200.00 feet to an angle point in said boundary; thence continuing along said boundary North 39°55'55" East 303.00 feet to the most Easterly Northeast corner of said Tract No. 4334, said corner being a point in the centerline of Bryan Avenue (80.00 feet wide); Thence leaving said tract along said centerline'North 50°00'31" West 589.05 feet to the POINT OF BEGINNING. The above described land contains 45.490 acres more or less and is contiguous with the existing City of Tustin Redevelopment boundaries. SOUTH/CENTRAL REDEVELOPMENT AGENCY CITY OF TUSTIN EXHIBIT 1 RE~ NO. 81-13 12/7/81 REDEVELOPMENT PROJECT Page 3 of 3 SOUTH/CENTRAL REDEVELOPMENT PROJECT ~= REDEVELOPMENT AGENCY CITY OF TUST1N ~XHl~rr 1 RES. NO. 81-13 12/7/81 r '! Page 2 of 3 South/Central Area Redevelopment Project Page 5 II I. (Sec. 300) GENERAL STAlil)ARI)S Alii) P[RIIITTEi) USES A. (Sec. 301) Land Use Limitations Limitations on the use of land within the project area are governed by the General Plan for the City, the City Zoning Ordinance and the City Municipal Code. B. (Sec. 302) Residential Uses Residential uses are permitted within the project areas as designated by Zoning map of the City. The areas classified as residential, on the Zoning map may be developed, redeveloped and rehabilitated in conformance with this Plan and the General Plan and Zoning Ordinance of City. Parking for such residential uses and development standards shall conform to the Tustin Municipal Code. C. (Sec. 303) Commercial-Retail Uses Commercial-retail uses are permitted in the areas designated on the Zoning Map. Commercial-retail uses include, but are not limited to: office, retail, financial, service, entertainment, and related auxiliary uses as permitted by the General Plan of the City, the City Municipal Code and the City Zoning Ordinance. The areas designated for such commercial-retail uses shall be developed, redeveloped, and rehabilitated in conformance with this Plan, the General, Plan, the City Municipal Code, and the City Zoning Ordinance.. Parking shall be provided in compldance with the City Zoning Ordinance and in a ~anner which will encourage better utilization of existing parking facilities. D.-(Sec. 304) Office-Professional uses Office-professional uses are permitted in the areas designated on the Zoning Map. Office-professional uses include, but are not limited to: clinics, medical, legal, real estate, financial, architectural, engineering and other professional offices and .related auxiliary uses as permitted by the General Plan of the City, the City Municipal Code, and the City Zoning Ordinance. E. (Sec. 305) Industrial Uses Industrial uses are permitted on the properties facing Edinger Street or designated on the Zoning Map. Industrial uses include warehousing, storage, service and manufacturing as permitted by the General Plan of the City, the City Municipal Code, and the City Zoning Ordinance. The areas designated for such industrial uses shall be developed, redeveloped, and rehabilitated in conformance with this plan, the General Plan, the City Municipal Code, the City Zoning Ordinance, and Development policies of the City of Tustin to assure the adequate design of parking accomodations, traffic circulation, and the prevention of nuisance related to noise, smoke, odor and hazards to life and property. F. (Sec. 306) Public Uses i. (Sec. 307) Public, Semi-Public and Institutional Uses Public, semi-public and institutional uses are permitted in the areas designated on the City Zoning Map. Such uses include, but are not limited to: schools, hospitals, churches, senior citizen centers and government structures and facilities. South/Central Area Redevelopment Project Page 6 Within the central project area, C.C. Lambert School is developed on nine acres as a school and open space area. It is presently used as auxilliary classrooms for Tustin High School. Such public, semi'public and institutional uses may be established or enlarged pursuant to the provisions of this Plan and the procedures of the Zoning Ordinance and Tustin Municipal Code to assure compatibility with surrounding properties. 2. (Sec. 308) Public Streets, Alleys, Rights-of-Ways, Easements, Improvements and Utilities The public streets, alleys and rights-of-way in the Project area are those provided and designated on the Map. Existing public streets, alleys, rights-of-way and easements may be created, established , and constructed in the Project area, as necessary for proper pedestrian and vehicular circulation and for the proper development of the Project pursuant to this Plan. Such public streets, alleys, rights-of-way and easements shall be used for vehicular and/or pedestrian traffic, as well as for public improvements, public and private utilities and activities typically found in such public streets, alleys, rights-of,way and easements. 3. (Sec. 309) Open Space Existing public open space and parkland within the project areas may remain, be modified and/or expanded to service community needs. Maj'or open space areas consist of the J.B. Utt Park (2.1 acres) located in the South project area and C.C. Lambert School (9 acres) located in the Central project area.. Private open space'for aesthetic and recreational purposes shall be required in accordance with the develoPment guides of the City. Landscaping shall be required to ensure, optimum use of living plant material. G. (Sec. 310) Interim Uses Pending the ultimate development of land by developers and participants, the Agency is authorized to use or permit the use of any land in the Project area for interim uses not in conformity with the uses permitted in this Plan. H. (Sec. 311) Building L~mitations Developments within the Redevelopment Project Area shall conform to the applicable standards established by the Tustin Municipal Code, Zoning Ordinance and Uniform Building Code for properties within the City. 1. (Sec. 312 ) Type As defined by the Zoning Ordinance and Uniform Building Code, structures within the project areas will include single-family dwellings, multi-family apartments, condominium units, mobile homes, commercial buildings, and professional office buildings. The type of structure will be dictated by the zoning classification applicable to the property. 2. (Sec. 313) Size There is neither a minimum nor maximum size of permitted structures. The size of the structures is governed by the Zoning Ordinance as related to lot coverage and height restrictions. South/Central Area Redevelopment Project Page 7 3. (Sec. 314) Height Height limitations are governed by the Zoning Ordinance as related to use, zone and location. Retail commercial buildings have a height limitation of 35 feet~ Single-family dwellings are limited to 30 feet in height. Multi-family structures are authorized to 40 feet in height unless they adjoin single-family residences in which case they are limited to 20 feet unless a higher limit is approved by use permit. 4. (Sec. 315) Number of Buildings There is no limitation on the number of buildings that can be constructed within the project areas except as to the limitations of minimum lot size and coverage imposed by the Zoning Ordinance. I. (Sec. 316) Number of Dwelling Units The South project area consists of 2279 dwelling units in 557 structures. The housing mix consists of 116 condominium units, 88 mobile homes, 1956 apartment units, 118 single-family residences and one rest home. The Central project area consists of 348 dwelling units in 188 structures. The housing mix consists of 303 apartments and 45 single-family houses· Upon ultimate development, approximately 310 housing units will be added to the existing housing stock. (Sec. 317) General Controls, Limitations, Restrictions and Requirements All real property in .the Project area is hereby made subject to the controls, limitations, restriction requirements of this Plan and the Design for Development (as provided in Section 314 of this Plan), and to any other development controls, limitations, restrictions, and requirements which the Agency deems necessary to implement and further this plan· No real property shall be developed, redeveloped, rehabilitated, or otherwise changed or altered after the date of the adoption of this Plan, except in conformance with the provisions of this Plan. (Sec. 317.1) New Construction All construction in the Project area shall comply with all applicable State and local laws in effect from time-to-time, 'including, without limitation, the City Municipal Code and Zoning Ordinance. All setback areas shall be landscaped and maintained by the owner. Any portion necessary for access shall be paved. Off-street loading facilities shall be located in a manner to avoid interference with public use of sidewalks and in conformance with the City Zoning Ordinance. Such off-street loading facilities shall be located at such a depth within an enclosed area as to reasonably contain and/or restrict the emission of noise and light typically associated with the function of such facilities. Off-street loading facilities must also be screened by landscaping to the extent and in the manner required by the Agency. The Agency shall establish setback, off-street parking, and off- street loading requirements for all new developments within the Projec~ area, which requirements may exceed but not be less than the requirements of the City Zoning Ordinance. South/Central Redevelopment Project Page 8 No new improvement shall be constructed and no existing improvement shall be sustantially modified, altered, repaired, or rehabilitated except in accordance with architectural, landscape~ and site plans submitted to and approved in writing by the Agency. One of the objectives of this Plan is to create an~attractive and pleasant environment in the Project area. Therefore, such plans shall give consideration to good design, open space and other such amenities to enhance the aesthetic quality of the Project area. The Agency shall not approve any plans that do not comply with this Plan. 2. (Sec. 317.2) Existing Nonconforming Uses The Agency is authorized to permit an existing use to remain in an existing building, which use does not conform to the provisions of this Plan, provided that such use is determined by the Agency to be generally compatible with the development and uses in the Project area. The owner of such a property must be willing to enter into a participation agreement and agree to the imposition of such reasonable restrictions as are necessary to protect the development and use of the Project area. 3. (Sec. 317.3 ) Rehabilitation and Retention of Properties Any existing structure within the Project area which the Agency shall approve for retention and rehabilitation shall be repaired, altered, reconstructed, or rehabilitated in such a manner that it will be safe and sound in all physical respects and be attractive in appearance and not detrimental to the surrounding uses. ' ' 4. (sec. 317.4) Light, Air and Privacy In all areas, sufficient space shall be provided and maintained between buildings to provide adequate light, air and privacy, which provision and maintenance shall not be less than the requirements set forth in the City Zoning Ordinance. 5. (Sec. 317.5)' Signs On premises signs shall be permitted in the Project area only in conformity with applicable state statutes and local laws, including, without limitation, the City Municipal Code. Design for all signs shall be submitted to the Agency as part of the development plans for each property to be developed. 6. (Sec. 317.6) Utilities The Agency shall require that all utilities be placed underground in accordance with the development standards of the City. 7. (Sec. 317.7) Incompatible Uses No use or structure which by reason of appearance, traffic, smoke, glare, noise, odor, or similar factors would be incompatible with the surrounding areas or structures shall be permitted in any part of the Project area. South/Central Redevelopment Project page 9 8. (Sec. 317.8) Nondiscrimination and Nonsegregation There shall be no discrimination or segregation based upon sex, race, color, creed, religion, national origin, or ancestry permitted in the sale, lease, sublease, transfer, use, occupancy, tenure, or enjoyment of property in the Project area. a. Express provisions shall be included in all deeds, leases and contracts which the agency proposes to enter into with respect to the sale, lease, sublease, transfer, use, occupancy, tenure, or enjoyment of any land in a redevelopment project in substantially the following form: In deeds the following language shall appear "The grantee herein covenants by and for himself, his heirs, executors, administrators, and assigns and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, marital status, national origin, or ancestry in the sale, lease, sublease, transfer, use, occupancy, tenure, or enjoyment of the premises herein conveyed, not shall the grantee himself or any p~rson claiming under or through him, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees, or vendees in the premises herein conveyed. The foregoing covenants shall run with the land." 2.'In leases the following language, shall.appear "The lessee herein covenants by and for himself, his heirs, executors, administrators, and assigns, an~ all persons claiming under or through him, and this lease is made and acted upoh and subject to the following conditions. ~That. there shall be no discrimination against or segregation of any person or group of persons, on account of race, color, creed, religion, sex, marital status, national origin, or ancestry, in the leasing, subleasing, transferring, use, occupancy, tenure, or enjoyment of the premises herein leased nor shall the lessee himself, or any person claiming under or through him, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy, of tenants, lessees, sublessees, subtenants, or vendees in the premises herein leased." e In contracts entered into by the agency relating to the sale, transfer, or leasing of land or'any interest therein acquired by the agency within any survey area or redevelopment project the foregoing provisions in substantially the forms set forth shall be included and such contracts shall further provide that the foregoing provisions shall be binding upon and shall obligate the contracting party or parties and any subcontracting party or parties, or other transferees under the instrument. South/Central Redevelopment Project Page 10 9. (Sec. 317.9) Minor Variations In order to prevent undue hardship, the Agency is authorized to permit variations from the requirements, limits, restrictions, and controls established by this Plan. In order to permit such a variation, the Agency must determine that: ae The application of certain provisions of this Plan would result in practical difficulties or unnecessary hardships inconsistent with the general purpose and intent of this Plan. There are exceptional circumstances or conditions applicable to the property or to the intended development of the property which do not apply generally to other properties having the same requirements, limits, restrictions and controls. Permitting a variation will not be materially detrimental to the public welfare or injurious to property or improvements in the area. d. Permitting a variation will not be contrary to the objectives of this plan. In permitting any such variation the Agency shall impose such conditions as are necessary to protect the public health, safety or welfare, and to assure compliance with the purpose of this Plan. In no event, however, shall the Agency permit a variation which violates any requirement, limit, restriction or control provided in the City Municipal Code and the City Zoning Ordinance. 10. (Sec. 317.10) .Resubdivisi0n of Parcels No parcel i.n the Project area, including any parcel retained by a pawticipant, shall be resubdivided without the approval .of the Agency. K. (Sec. 318) Design for Development Within. the requirements, limits, restrictions, and controls established in the Plan, the Agency is authorized to establish building height and land coverage limitations and requirements: setback requirements; design criteria; and traffic circulation, traffic access, and other development and design standards necessary for proper development of specific areas within the Project. L. (Sec. 319) Building Permits 1. (Sec. 319.1) Review of Applications for Issuance of Permits No permit shall be issued for the construction of any new building or for any construction on an existing building in the Project area from the date of adoption of this Plan until the application for such permit has been processed in the manner herein provided. Any such permit that is issued must be in conformance with the provisions of this Plan. Review of all permits shall be in a manner as provided for by the City in the applicable City Ordinance. M. (Sec. 320) Affordable Housing Accommodations 1. (Sec. 320.1) Allocations of Tax Revenue for Affordable Housing The Agency shall allocate not less than 20 percent of incremental tax revenue from properties within the project areas for the purposes of increasing and improving the community's supply of "low, moderate, and very low" income housing avail able at South/Central Redevelopment Project Page 11 affordable housing cost. The terms "low," "moderate" and "very low" income are defined by Sections 50052.5, 50093 and 50105 of the California Health and Safe~ Code. 2. (Sec. 320.2) 'Exceptions to Requirements for Affordable Housing a. Exceptions to the requirement for the allocation of 20 percent of incremental tax revenues for affordable housing may be made by the Redevelopment Agency upon findings of the City Council: 1. That no need exists in the community, the provision of which would benefit the project area to improve or increase the supply of low and moderate-income housing; or 2. That some istated percentage less than 20 percent of the incremental taxes allocated to the Agency is sufficient to to meet such housing needs; or That a substantial effort to meet low and moderate-income housing needs in the community is being made, and that this effort, including the obligation of funds currently available for the benefit of the community from state, local and federal sources for low and moderate-income housing alone or in combination with the taxes allocated under this section, is equivalent in impact to the funds otherwise required to be set aside pursuant to this section. The legislative body shall consider the need that can be reasonably foreseen because of displacement of persons and families of low or moderate income or very low income house- holds from within or adjacent to the project area, because of increased employmelnt opportunities, or because of any other di-rect, or indirect result of implementations'of the redevelopment plan. b. Within 10 days following the making of a finding under subdivi- sion (a), the Agency shall send the Department of Housing and Community Development a copy of such finding, including the factual information supporting such finding. c. In any litigation to challenge or attack a finding made under subdivision (a), the burden shall be upon the Agency to establish that the finding is supported by substantial evidence in light of the entire record before the Agency. 3. (Sec. 320.3) Powers of the Agency in Providing Affordable Housing a. In carrying out the purpose of this section, the Agency may exercise any or all of its powers, including the following: 1. Acquire land or building sites. 2. Improve land or building sites with onsite or offsite improvements. 3. Donate land to private or public persons or entities. 4. Construct building or structures. 5. Acquire buildings or structures. 6. Rehabilitate buildings or structures. 7. Provide subsidies to, or for the benefit of, very low income households, lower income households, or persons and families of low or moderate income. 8. Develop plans, pay principal or interest on bonds, loans, advances or other indebtedness, or pay financial carrying charges. b. The Agency may use these funds to meet, in whole or in part, replacement housing provisions of Section 321.4. South/Central Redevelopment Project Page 12 The Agency may use these funds inside or outside the project area. The Agency may only use these funds outside the project area upon a resolution of the Agency and the legislative body that such use will be of benefit to the project. Such deter- mination by the Agency and the legislative body shall be final and conclusive as to the issue of benefit to the project area. Replacement housing pursuant to Section 321 is determined to be of benefit to a project. d. Expenditures or obligations incurred by the Agency pursuant to this section shall constitute an indebtedness of the project. N. (Sec. 321) Replacement of Low or Moderate Income Housing (Sec. 321.1) Replacement Housing Requirement Whenever dwelling units housing persons'and families of low or moderate income are destroyed or removed from the low and moderate income housing market as part of a redevelopment project, the agency shall, within four years of such destruction or removal, rehabilitate, develop or construct, or cause to be rehabilitated, developed or constructed, for rental or sale to persons and families of low or moderate income an equal number of replacement dwelling units at affordable housing cost within the project area or within the territorial jurisdiction of the Agency. 2. (Sec. 321.2) Allocation of Affordable Housing Units a. At least 30 percent of all new or rehabilitated dwelling units .developed within the project area by an agency shall be available at a~fordable housing cost for persons and. families o£ tow'or moderate income,'Of such 30 percent, not less than 50 · percent thereof shall be available at affordable housing cost· to, and occupied by, very low income households. bo At least 15 percent of all new or rehabilitated dwelling units developed within the project area by public or private entities or persons other than the Agency shall be available at affordable housing cost to persons and families of low or moderate income. Of such 15 percent, not less than 40 percent thereof shall be available at affordable houlsing cost to very low income households. The requirements of this subdivision shall apply in the aggregate to housing in the project area and not to each individual case of rehabilitation, development, or construction of dwelling units. 3. (Sec. 321.3) Retention of Affordability The Agency shall require that the aggregate number of dwelling units rehabilitated, developed or constructed pursuant'to subdivision (1) or (2) remain available at affordable housing cost to persons and families of low or moderate income and very low income households, respectively, for not less than the period of the land use controls established in the Redevelopment Plan. 4. (Sec. 321.4) Replacement Housing Plan 80 Not less than 30 days prior to the execution of an agreement for acquisition of real property, or the execution of an agreement for the disposition and development of property, or the execution of an owner participation agreement, which agreement would lead to the destruction or removal of dwelling units from the low and moderate-income housing market, the Agency shall adopt by resolution, a replacement housing plan. For a reasonable time prior to adopting a replacement housing plan by South/Central Redevelopment Project Page 13 be Ce resolution, the Agency shall make available a draft of the proposed replacement housing plan for review and comment by the project area committee, other public agencies, and the general public. The replacement housing plan shall include (1) the general location of housing to be rehabilitated, developed, or constructed pursuant to this section, (2) an adequate means of financing'such rehabilitation, development, or construction, (3) a finding that the replacement housing does not require the approval of the voters pursuant to Article XXXIV of the California Constitution, or that such approval has been obtained, (4) the number of dwelling units housing persons and families of low or moderate income planned for construction or rehabilitation, and (5) the timetable for meeting the plan's relocation, rehabilitation, and replacement housing objectives. A dwelling unit whose replacement is required by this Section but for which no replacement housing plan has been prepared, shall not be destroyed or removed from the low and moderate-income housing market until the Agency has by resolution adopted a replacement housing plan. Nothing in this section shall prevent the Agency from destroying or removing from the low and moderate-income housing market a dwelling unit which the Agency owns and which is an immediate danger to health and safety. The Agency shall, as soon as practicable, adopt by resolution, a replacement housing plan with respect to such dwelling unit. Whenever dwelling units housing persQns and families of low or moderate-income are 'destroyed or removed from the low and moderate-.income housing market as part of the redevelopment project, the Agency shall, within four years of such destruction or removal, replace or cause to be replaced an equal number of affordable housing units. Replacment housing plans shall be provided to the Department of Housing and Commuity Development upon request to be reviewed by the department. 5. (Sec. 321.5) Preference to Limited Equity Housing Cooperatives Whenever the Agency causes the rehabilitation, development or construction of replacement dwelling units, other than single- family residences, pursuant to this section primarily for persons of low income, preference shall be given to those developments which are proposed to be organized as limited-equity housing cooperatives, when so requested by the project area committee, provided such project is achievable in an efficient and timely manner. IV. (Sec. 400) PROPOSED REDEVELOPMENT ACTIONS A. (Sec. 401) General The Agency proposes to eliminate and prevent the spread of blight and deterioration in the Project area by: 0 Providing for participation by owners and residents presently located in the Project area by extending to them preferences to remain or relocate within the redevelopment areas should their present structures be suffering from deterioration requiring assistance; Rehabilitation of structures and improvements by present owners, their successors or the Agency; South/Central Redevelopment Project Page 14 3..Redevelopment of land by private enterprise or public agencies for uses in accordance with this plan; Installation, construction, or reconstruction'of streets, utilities, and other public improvements such as center islands, street trees and landscaping, extentions of major arterials and required grade crossings. 5. Acquisition of certain real property for public improvements or to help expedite private development; 6. Relocation assistance to displaced residential and non-residential occupants should the need arise; {7) Demolition or removal of certain buildings and improvements; (8) Management of any property acquired under the ownership and control of the Agency; (9) Disposition of any property acquired by the Agency for uses in accordance with this Plan; (10) Assistance to low and moderate income families by providing housing at affordable costs pursuant to Sec. 33334.2 of the Community Redevelopment Law. In the accomplishment of these purposes and activities and in the implementation and furtherance of this Plan, the Agency is authorized to use all the powers provided in this Plan and all the powers to the extent now or hereafter permitted by law. B. (Sec. 402)'. Participation by Owners.and Tenants' (Sec. 402.1) Opportunities for Owners and Tenants. Persons who are owners of real property in the Project area 'shall be given the opportunity to participate in redevelopment: (1) by retaining all or a portion of their properties; (2) by acquiring adjacent or other properties in the Project area; or (3) by selling their properties to the Agency and purchasing other properties in the Project area, in accordance with this Plan and the Rules for Owner and Tenant Participation adopted by the Agency pursuant to this Plan and the California Community Redevelopment Law. The Agency shall extend preferences to persons who are engaged in business in the Project area, to participate in the redevelopment of the Project area or to reenter into business within the redeveloped area, if they otherwise meet the requirements prescribed in the Plan. The Agency shall also extend preferences to other tenants in the Project area to participate in the redevelopment of the Project area or to reenter within the redeveloped area, if they otherwise meet the requirements prescribed by the Plan. Such business, residential, institutional and semi-public tenants shall be permitted, if they so desire, to purchase and develop real property in the area. In the event an owner or tenant participant fails or refuses to rehabilitate, develop, or use and maintain its real property pursuant to this Plan and a participation agreement as defined in Section 402.3, the real property or any interest therein may be acquired by the Agency and sold or leased for rehabilitation or development in accordance with this Plan. South/Central Area Redevelopment Project Page 15 2. (Sec. 402.2) Rules for Participation Opportunities, Priorities and Preferences In order to provide opportunities to owners and tenants to participate in the redevelopment of the Project area, the Agency hereby promulgates rules for owner and tenant participation. If conflicts develop between the desires of participants for particular sites.or land uses, the Agency is authorized to establish some reasonable priorities and preferences among the owners ~nd tenants. Some of the factors to be considered in establishing these priorities and preferences should include participants' length of occupancy in the area, accomodation of as many participants as possible, similarity of land use, and conformity of participants' proposals with the intent and objectives of the Redevelopment Plan and the Design for Development referred to in Section 318 of this Plan. In addition to opportunities for participation by individual persons and firms, participation shall be available for two or more persons, firms or institutions, to join together in partnerships, corporations, or other joint entries. Opportunities to participate in redevelopment projects shall be provided to owners and tenants within the Project area. Priority shall be given to owners and tenants within the Project area over substantially equal proposals from persons and firms from outside the Project area. Participation opportunities shall necessarily be subject to and limited by Such factors as: the elimination and changing of some land uses-; ~he construction, wi.dening, or realignment of some streets; the ability of participants to finance acquisition and development or rehabilitation in ac6ordance with the Plan and. the Design for Development; the reduction in the total number of individual parcels in the Project area; and the construction or expansion of public facilities. 3. (Sec. 402.3) Participation Agreements Each participant who has submitted an acceptable proposal to the Agency shall enter into a binding agreement with the Agency by which the participant agrees to rehabilitate, develop, or use the property in conformance with the Plan and to be subject to the provisions hereof. In such agreements, participants who retain real property shall be required to join in the recordation of such documents as are necessary to make the provisions of this Plan applicable to their properties . Whether or not a participant enters into a participation agreement with the Agency, the provisions of this Plan are applicable to all public and private property in the Project area. C.(Sec. 403) Cooperation with Public Bodies Certain public bodies are authorized by State law to aid and cooperate with or without consideration, in the planning, undertaking, construction, or operation of this Project. The Agency shall seek the aid and cooperation of such public bodies and shall attempt to coordinate this Plan with the activities of such public bodies in order to accomplishthe purpose of redevelopment and the highest public good. The Agency, by law, is not authorized to acquire real property owned by public bodies without the consent of such public bodies. The Agency, however, will seek the cooperation of all public bodies which own or intend to acquire property in the Project area. Any public body which owns or leases property in the Project area will be South/Central Area Redevelopment Project Page 16 afforded all the privileges of owner and tenant participation if such public body is willing to enter into a participation agreement with the Agency. All plans for development of property in the Project area by a public body shall be subject to Agency approval. The Agency is authorized to financially (and otherwise) assist any public entity in the cost of public land, buildings, facilities, structures, or other improvements (within or outside of the Project area) which land, buildings, facilities, structures or other improvements are of benefit to the Project. Pursuant to Section 33401 of the Community Redevelopment Law, the agency may in any year during which it owns property in a redevelopment project pay directly to any taxing agency an amount of money in lieu of taxes equal to that which would have been levied upon such property had it not been exempt. The agency may also pay to any taxing agency with territory located within the project area, other than the city of Tustin, any amounts of money which the Agency determines are appropriate to alleviate any financial burden or detriment resulting from the project. D. (Sec. 404) Project Area Committee The City Council on January 4, 1982 by Resolution No. 82-1 created a project area committee. The composition of the committee was amended by Resolution No. 83-8, adopted on February 7, 1983 to consist of the following: Chamber of Commerce - Mr. Jeff McElderry Tustin Unified School District - Mr. Larry Sutherland Residential Owner Occupants - Ms. Betty Truit Mr. Jon Harrison Residential Tenants - Mr. Elmo Anderson Ms. Ann Durkee Community Representatives - (as appointed by the Council) Pursuant to Article 6.5, Chapter 4, California Redevelopment Law, this plan was reviewed by the Project Area Committee during its preparation. E. (Sec. 405) Property Acquisition 1. (Sec. 405.1) Acquisition of Real Property Except as specifically exempted herein, the Agency may acquire but is not required to acquire, any real property located in the Project area, by any means authorized by law. It is in the public interest and is necessary in order to eliminate the conditions requiring redevelopment and in order to execute the Plan, for the power of eminent domain to be employed by the Agency to acquire the real property in the Project area which cannot be acquired by gift, devise, exchange, purchase or any other lawful method. In the event that eminent domain proceedings shall become necessary, they must be enacted within twelve years of the formation of the Redevelopment Project Area. If the Agency has adopted a redevelopment plan but has not commenced an eminent domain proceeding to acquire any particular South/Central Area Redevelopment Area Page 17 parcel of property subject to eminent domain thereunder within three years after the date of adoption of the plan, the owner or owners of the entire fee at any time thereafter may offer in writing to sell the property to the Agency for its fair market value. If the Agency does not, within 18 months from the date of receipt of the original offer, acquire or institute eminent domain proceedings to acquire the property, the ?operty owner or owners may file an action against the Agency in inverse condemnation to recover damages from the Agency for any interference with the possession and use of the real property resulting from the Plan, provided that this section shall not be construed as establishing or creating a presumption to any right to damages or relief soley by reason of the failure of the Agency to acquire the property within the time set forth in this section. The Agency is authorized to acquire structures without acquiring the land upon which these structures are located. The Agency is authorized to acquire either the entire fee or any other interest in real property less than a fee. The Agency shall not acquire real property on which an existing building is to be continued on its present site and in its present form and use without the consent of the owner, unless: (1) such building requires structural alteration, improvement, modernization or rehabilitation; (2) the site, or lot on which the building is situated, requires modification in size, shape or use; or (3) it is necessary to impose upon such property any of the controls, limitations or restrictions and requirements of this Plan and the Design for Development and the owner fails or refuses to participate in this Plan by executing a. participation agreement. The Agency is not authorized to acqui, re real property owned by publ.i~ bodies whdch do. not consent'to such acquisition. The Agency is authorized, however, to acquire public property tmansferred to private ownership before the Project is completed, unless the Agency and the private owner enter into a participation agreement and the owner completes his responsibilities under a participation agreement. As part of the cost of acquisition of all property acquired in the Project area, the Agency shall compensate each displaced person and business, as provided in the California Relocation Assistance Law (Government Code, Section 7260,.et. seq.), the guidelines of the California Department of Housing and Community Development adopted and promulgated pursuant thereto, and the Agency's rules and regulations thereto. 2. (Sec. 405.2) Acquisition of Personal Property Generally, personal property shall not be acquired. However, where necessary in the execution of this Plan, the Agency is authorized to acquire personal property in the Project area by any lawful means except eminent domain. F. (Sec. 406) Property Management D~ring such time as property, if any, in the Project area is owned by the Agency, such property shall .be under the management and control of the Agency. Such property may be rented or leased by the Agency pending its disposition for redevelopment, and such rental or lease shall be pursuant to such policies as the Agency may adopt. G. (Sec. 407) Relocation of Persons (including Individuals and Families), Business Concerns, and Others Displaced by the Project South/Central Redevelopment Project Page 18 He (Sec. 407.1) Assistance in Finding'Other Locations The Agency shall assist all. persons (including individuals and families), business concerns, and others displaced by the Project in finding other locations and facilities. In order to carry out the Project with a minimum of hardship to persons (including individuals and families), business concerns, or others, if any, displaced from their respective places of residence or business by the Project, the Agency shall assist such persons and business concerns in finding new locations that are decent, safe, sanitary, within their respective financial means, in reasonably convenient locations, and otherwise suitable to their respective needs. 2. (Sec. 407.2) Relocation Payments The Agency shall make relocation payments to persons (including individuals and families) business concerns, and others displaced by the Project, for moving expenses and direct losses of personal property, for which reimbursement or compensation is not otherwise made, and shall make such additional relocation payments as may be required by law. Such relocation payments shall be made pursuant to Agency rules and regulations, the California Relocation Assistance Law (Government Code, Section 7260 et. seq.) and the guidelines of the California Department of Housing and Community Development adopted and promulgated pursuant thereto. The Agency may make such other payments as may be appropriate and for which funds are available. (Sec. 408) Demolition, Clearance, Public Improvements, Building andSite Preparation 1..(Sec. 408.1) Demolition and Clearance The Agency 'is authorized ~o demolish and clear buildings, structures, and other improvements from any real property in the Project area as necessary to carry out the purposes of this Plan. 2. (Sec. 408.2) Public Improvements The Agency .is authorized to install and construct or cause to be installed and constructed or to reimburse private property owners for the construction of, the public improvements and public utilities (within or outside the Project area) necessary to carry out the Plan. Such public improvements and public utilities include, but are not limited to; over-and under-passes, bridges, streets, curbs, gutters, sidewalks, street lights, sewers, storm drains, traffic signals, electrical distribution systems, natural gas distribution systems, water distribution systems, telephone systems, parks, plazas, playgrounds, parking facilities and landscaped areas. 3. (Sec. 408.3) Preparation of Building Sites The Agency is authorized to prepare, or cause to be prepared, as building sites any real property in the Project area owned by the Agency. The Agency is also authorized to construct foundations, platforms, and other structural terms necessary for the provision or utilization of air rights, sites 'for building to be used for residential, commercial, public, and other uses provided in this Plan. I. (Sec. 409) Property Disposition and Development 1. Sec. 409.1) Real Rroperty Disposition and Development a. Sec. 409.11) General South/Central Redevelopment Project Page 19 For the purposes of this Plan, the Agency is authorized to sell, lease, exchange, subdivide, transfer, assign, pledge, encumber by mortgage, deed or trust, or otherwise dispose of any interest in real property. To the extent permitted by law, the Agency is authorized to dispose of real property by negotiated lease, sale, or transfer without public bidding. Before any property acquired by the Agency is sold or leased for development, such sale or lease shall first be approved by a resolution of the City ~Council after a public hearing. Notice of the time and place of the hearing shall be published in a newspaper of general circulation in the community for at least two successive weeks prior to the hearing. The agency shall make available for public inspection and copying at a cost not to exceed the cost of duplication: (1) A copy of the proposed sale or lease; (2) A summary which describes and specifies: (al The cost of the agreement to the agency, including land acquisition costs, clearance costs, relocation costs, the costs of any improvements to be provided by the agency, plus the expected interest on any loans or bonds to finance the agreements; (b) The estimated 'value of the interest to be conveyed or leased, determined at the highest uses permitted under the plan; and (c) The purchase price or sum of the lease payments which the lessor will be required' to make during the-term of the lease. If the Sale price or to%al rental amount is less than the fair market value of the interest to be conveyed or leased, determined at the highest and best use consistent with the redevelopment plan, then the agency shall provide as part of the summary an explanation of the reasons for the difference. Such report shall be made available to the public no later than the time of publication of the first notice of the hearing mandated by this section. The resolution approving such lease or Sale shall contain findings that the consideration is not less than fair market value in accordance with covenants and conditions governing such sale or lease or, with respect to any sale or lease at less than estimated value, determined at the highest use permitted under the plan, that such lesser consideration is necessary to effectuate the purposes of the plan. Property containing buildings or structures rehabilitated by the Agency shall be offered for resale within one year after completion of rehabilitation or an annual report concerning such property shall be published by the Agency as required by law. Real property acquired by the Agency may be conveyed by the Agency without charge to the City and, where beneficial to the Project area, without charge to any other public body. Purchasers or leasees of property acquired from the Agency shall be made obligated to use the property for the purposes designated in this Plan, to begin and complete development of the property within a period of time .which the Agency fixes as reasonable, and to comply with other conditions which the Agency deems necessary to carry out the purposes of this Plan. South/Central Redevelopment Project Page 20 b. (Sec. 409.12) Notice to Owners and Tenants The notice of a public hearing for the proposed sale or lease of Agency property shall be mailed by first class mail to the former owners and tenants of the subject properties not less than 10 days prior to the scheduled date of the hearing. Prior owners and tenants shall be given priorities for 'participation in accordance with Section 402.2. c. (Sec. 409.13) Disposition and Development Documents To provide adequate safeguards to ensure that the provisions of this Plan will be carried out and to prevent the recurrence of blight, all real property sold, leased, or conveyed by the Agency, as well as all property subject to participation agreements, is subject to the provisions of this Plan. Leases, deeds, contracts, agreements, and declarations of restrictions of the Agency may contain restrictions, covenants, covenants running with the land, rights of reverter, conditions subsequent, equitable servitudes, or any other provisions necessary to carry out this Plan. All property in the Project area is hereby subject to the restriction that there shall be no discrimination or segregation based upon sex, race, color, religion, national origin, or ancestry, in the sale, lease, sublease, transfer, use occupancy, tenure, or enjoyment of property in the Project area. All property sold, leased, conveyed, or subject to a participation agreement shall be expressly subject by appropriate documents to the restriction that all deeds, leases, or contracts for the sale, lease, sublease, or other transfer of land in the Project area ..shall contain such nondiscrimination and nonsegregation clauses as 'are.required by law. d. (Sec. 409.14) Development by the Agency or Other Public Bodies or Entities In the extent now or hereafter permitted by law, the Agency is authorized to pay for, develop, or construct any building, facility, structure, or other improvement either, within or outside the Project area, for itself or for any public body or entity, which buildings, facilities, structures, or other improvements are or would be of benefit to the Project area. The Agency may enter into contracts, leases, and agreements with the City or other public body or entity pursuant to this Section 323 and the obligation of the Agency under such contract, lease, or agreement shall constitute an indebtedness of the Agency which may be made payable out of the taxes levied in the Project area and allocated to the Agency under subdivision of Section 33670 of the California Redevelopment Law and under Section 500 of this Plan or out of any other available funds. e. (Sec. 409.15) Development Plans All development plans (whether public or private) shall be submitted to the Agency or their designee for approval and architectural review. All development in the Project area must conform to this Plan and all a~plicable Federal, State, and local laws and must receive the approval of the appropriate public agencies. 2. (Sec. 409.2) Personal Property Disposition For the purposes of this Plan, the Agency is authorized to sell, lease, exchange, transfer, assign, pledge, encumber, or otherwise dispose of personal property which is acquired by the Agency. South/Central Redevelopment Project Page 21 J. (Sec. 410) Rehabilitation, Conservation, and Moving of Structures 1. (Sec. 410.1) Rehabilitation and Conservation The Agency is authorized to rehabilitate and conserve, or to cause to be rehabilitated and conserved, any building or structure in the Project area owned by the Agency. The Agency is also authorized and directed to advise, encourage, and assist in the rehabilitation and conservation of -property in the Project area not owned by the Agency. The Agencyis also authorized to acquire, restore, rehabilitate, move and conserve buildings of historic or architectural significance. 2. (Sec. 410.2) Moving of Structures As necessary in carrying out this Plan, the Agency is authorized to move or cause to be moved, any standard structure or building or any structure or building which can be rehabilitated to a location within or outside the Project. K. (Sec. 411) Construction of Public Facilities 1. (Sec. 411.1) Public Improvement Projects The public improvements planned for the South/Central Project areas, with the exception of public buildings and parking facilities, may be, but shall not necessarily be, located primarily in the public right-of-way within the project areas and those areas outside of the project areas directly impacting the project areas. 2. (Sec. 411.2) Central Area Transportation Facilities Transportation projects within the.Central area which may include curb, gutter, sidewalks, paving, street trees, and street lighting may include, but shall not be limited to, the following: a. Orange Street between Laguna Road and San Juan Street b. San Juan Street-between Ne~ort Avenue and Orange Street c. Walnut Avenue between Newport Avenue and Orange Street d. Alley southerly of Walnut Street, between Newport Avenue and Orange Street e. ~ley southerly of San Juan Street between Newport Avenue and Orange Street Estimated Cost: 3. (Sec. 411.3) $281,000 South Area Transportation Facilities Transportation projects within the South area, which may include curb, gu~ter, sidewalks, paving, street trees, and street lighting, may include, but shall not be limited to, the following projects: a. Newport Avenue extension at grade to Edinger Street b. Widening of Edinger Street between Red Hill Avenue and the Costa Mesa Freeway c. "B" Street between McFadden Avenue and Mitchell Avenue d. Mitchell-Avenue between Newport Avenue and Nisson Road e. "C" Street between Mitchell Avenue and its northerly terminus Estimated Cost: $1,872,600 4. (Sec. 411.4) South Area Traffic Controls Traffic control devices may be installed, but not limited to, the following locations within the South area: South/Central Redevelopment Project Page 22 a. Newport Avenue interconnect between Nisson Road and Sycamore Avenue with a new installtion at Sycamore Avenue b. New signal installation at Walnut Avenue and McKadden Avenue d, New signal installation at Edinger Street and Del Amo Avenue Estimated Cost: $354,000 5. (Sec. 411.5) South Area Flood Control Facilities Flood control facilities in the South area may be constructed, but not limited to, the following projects: a. Mitchell Avenue drain between Newport Avenue and a point 100" ~ westerly b. McFadden Avenue drain between Myrtle Avenue and Pasadena Avenue Estimated Cost: $73,000 6. (Sec. 411.6) Beautification Projects Newport Avenue Center Islands - McFadden to Sycamore. Estimated Cost: $135,000 7. (Sec. 411.7) Water Supply and Distribution Edinger between Del Amo amd Newport and Newport Ave. between Edinger and Walnut. Estimated Cost: $147,000 8. (Sec. 411.8) Aggregate Cost Estimate for Public Works Transportation Facilities Beautification Projects Traffic Controls Flood Control Facilities Water Supply and Distribution TOTAL $2,179,600 135,000 354,000 73,000 147,200 $2,862,800 V. (Sec. SO0) MElltOI)S FOR FINANCING lltE PRO,.1ECT A. (Sec. 501) General Description of the Proposed Financng Method The Agency is authorized to finance this Project with financial assistance from the City, State of California, tax increment funds, interest income, Agency bonds, or any other available source, public or private. Advances and loans for survey and planning and for the operating capital for nominal administration of this Project have been and are to be provided by the City until adequate tax increment or other fund are available, or sufficiently assured, to repay the advances and loans and to permit borrowing adequate working capital from sources other than the City. The City as it is able, may also supply additional assistance through City loans and grants for various public facilities. As available, gas tax funds from the State of California and the County of Orange may be used for the street system. Some revenue will also accrue to the Project from interest earned on investment of Agency funds. Also, all or a portion of the parking required pursuant to this Plan may be installed through a parking authority or otherwise. The Agency is authorized to issue bonds from time-to-time if it deems appropriate to do so and within the limits expressed in Chapter 6, Article 5 of the Redevelopment Law. South/Central Redevelopment Project page 23 The Agency is also authorized to obtain advances, borrow funds and create indebtedness in carrying out this Plan. The principal and interest on such advances, funds and indebtedness may be paid from tax increment or any other funds available to the Agency. The City or any other public agency may expend money to assist the Agency in carrying out this project. B. (Sec. 502) Tax Increment Funds All taxes levied upon taxable property within the Project area each year, by or for the benefit of the State of California, the County of Orange, the City of Tustin, any district, or any other public corporation (hereinafter sometimes called "taxing agencies") after the effective da~e of the ordinance approving this Plan, shall be divided as follows: That portion of the taxes which would be produced by the rate upon which the tax is levied each year by or for each of said taxing agencies upon the total s~n of the assessed value of the taxable property in the Project as shown upon the assessment roll used in connection with the taxation of such property by such taxing agency, last equalized prior to the effective date of such ordinance, shall be allocated to and when collected shall be paid into the funds of the respective taxing agencies as taxes by or for said taxing agencies on all other property are paid (for the purpose'of allocating taxes levied by or for any taxing agency or agencies which did not include the territory of the Project on the effective date of such ordinance but to which such territory is assessed or otherwise included after such effective date, the assessment roll of the County of Orange last equalized on the effective date of said ordinance shall be used in determining the assessed'valuation of the taxable property in. the Project on said effective date); and That portion of said levied taxes each year in excess of such amount shall be allocated to and when collected shall, be paid ~nto a special fund of the Agency to pay the principal of and interest on bonds, loans, moneys advanced to, or indebtedness (whether funded, refunded, assumed, or otherwise) incurred by the Agency to finance or refinance, in whole or in part, this Project. Unless and until the total assessed valuation of the taxable property in the Project exceeds the total assessed value of the taxable property in the Project as shown by the last equalized assessment roll referred to in paragraph (1) hereof, all of the taxes levied and collected upon the taxable property in the Project shall be paid into the funds of the respective taxing agencies. When said bonds, loans, advances, and indebtedness, if any, and interest thereon, have been paid, all moneys thereafter received from taxes upon the taxable property in the Project shall be paid into the funds of the respective taxing agencies as taxes on all other property are paid. The portion of taxes mentioned in subdivision (2) above are hereby 'irrevocably pledged for the payment of the principal of and interest on the advance of moneys, or making of loans, or the incurring of any indebtedness {whether funded, refunded, assumed, or otherwise) by the Agency to finance or refinance the Project in whole or in part. The Agency is authorized to make such pledges as to specific advances, loans and indebtedness as appropriate in carrying out the Project. C. (Sec. 503i Other Loans and Grants Any other loans, grants, guarantees, financial assistance from the United States, the State of California, or any other public or private source will be utilized if available. South/Central Redevelopment Project Page 24 D. (Sec. 504) Segregation of Funds for Housing The funds which are required by Section 320, and any interest accruing thereto, to be used for the purposes of increasing the community's supply of low and moderate income housing shall be held in a separate Low-Moderate Income Housing Fund until used. VI. Sec. (600) LIMITATIONS ON FINANCES As required by law, the Agency establishes a limitation on itself as to the amount of tax increment doll ars which it. may collect and allocate to projects and programs within the project area. The average yearly, tax increment which may be collected shall not exceed one million dollars. Dollar amounts in excess of this average yearly figure shall revert back to the individual taxing agencies who are collecting those taxes generated below the incremental level. This limitation does not apply to funds received by the Agency in the form of gifts, loans from the sale of property or services, or from funds obtained from services other than tax increment financing. e The length of time that the South/Central project area exists shall not exceed thirty years. No loans, advances, bonds, and other form of indebtedness necessary to finance this plan, shall be incurred or established by the Agency beyond the period of 30 years from the adoption of the Ordinance approving the Redevelopment Plan. This limitation on the time of indebtedness shall not be construed to place any limitation on the formation or financing of another Redevelopment Project Area. VII.. (Sec. 700) LIMITATION ON BONDED INDEBTEDNESS The South/~entral Redevelopment.Area may not exceed ten million-of outstanding bonded indebtedness to be paid for through tax increment funds. This limitation may not be exceeded .unless there is an amendment to the Redevelopment Plan. VIII.(Sec. 800) ACTIONS BY THE CITY The City shall aid and cooperate with the Agency in carrying out this Plan and .shall take all actions necessary to ensure the continued fulfillment of the purposes of this Plan and to prevent the recurrence or spread in the area of conditions causing blight. Action by the City shall include, but not be limited to, the following: Institution and completion of proceedings for opening, closing, vacating, widening, or changing the grade of streets, alleys, and other public rights-of-way, and for other necessary modifications of the streets, the street layout, and other public rights-of-way in the Project area. Such action by the City shall include the requirement of abandonment, removal, relocation by the public utility companies of their operations in public rights-of-way as appropriate to carry out this Plan, provided that nothing' in this plan shall be construed to require the cost of such abandonment, removal and relocation be born by others than the one legally required to bear such cost. 2. Institution and completion of proceedings necessary for changes and improvements in publicly-owned public utilities within or affecting the Project area. 3. Revision of zoning (if necessary) within the Project area to permit the land uses and development authorized by this Plan. Performance of the above actions, and all other functions and services relating to public health, safety, and physical development normally rendered in accordance with a schedule which will permit the redevelopment of the Project area to be commenced and carried to completion without unnecessary delays. South/Central Redevelopment Project page 25 5. The undertaking and completing of any other proceedings necessary to carry out the Project. IX. (Sec. 900) ENFORCEMENT After development, the administrative enforcement of this Plan or other documents implementing this Plan shall be performed by the Agency and/or City. The provisions of this Plan or other documents entered into pursuant to this Plan may al so be enforced by court litigation instituted by either the Agency or the City. Such remedies may include, but are not limited to, specific performance, damages, reentry, injunctions, or any other remedies appropriated to the purposes of this Plan. In addition, any recorded provisions which are expressly for the benefit of owners of property in the Project area may be enforced by such owners. X. (Sec. 100o) DURATION OF ll~lS ~AJ4 Except for the nondiscrimination and nonsegregation provisions which shall run in perpetuity, the provisions of this Plan shall be effective and the provisions of other documents formulated pursuant to this Plan may be made effective for thirty (30) years from the date of adoption of this Plan by the City Council. XI. (Sec. 1100) PROCEDURE FOR A#ENDMENT XII. This Plan may be amended by means of the procedure established in Sections 33450-33458 of the Redevelopment Law, or by any other procedure hereinafter established by law. (Sec. 120~) ENVIROI~4EIETAL I)~A~T '" A. (Sec. 1201) General A Focused Environmental Impact Report for specific projects within the Redevelopment Project Area has been prepared in accordance with the Environmental Quality Act of 1970, as amended (Public Resources Code, Section 21000 et seq.), State Guidelines for Implementation of the California Environmental Quality Act of 1970, as amended (California Administrative Code, Division 6, Title 14, Section 15000 et Seq.), and Environmental Quality Guidelines adopted by the city of Tustin. A copy of the focused EIR is on file for public review and comment at Tustin City Hall and in the Tustin Branch of the Orange County Library. Pursuant to section 1506(e) of the State CEQA Guidelines, this environmental assessment is a part of the project report submitted by the Agency to the City Council in accordance with Section 33352 of the State Health and Safety Code. The following sections are a synopsis Of the impacts presented in the Neighborhood Impact Report. 1. (Sec. 1201.1) Impact Arising From Relocation Substandard dwelling units exist in the Central area and in the northerly portion of the South area. These housing units will be remoyed and new dwelling units will replace them at the authorized zoning density. This will require the relocation of tenants to other housing accommodations. With new housing units being constructed by private developers, decent, affordable housing will be available. South/Central Redevelopment Project Page 26 2. (Sec. 1201.2) Impact on Traffic Circulation Within the Central area, the installation of curbs, gutters, · sidewalks, and street paving will ease traffic flow on local streets and alleys. Primary impact will result from increased pedestrian safety with emphasis upon pedestrian and bicycle traffic to the Tustin High School. Within the South area,'local streets will be improved with curbs, gutters, sidewalks and street paving. This will increase vehicle and pedestrian safety particularly as related to Mitchell and "B" streets in the northerly portion of the ~roject area. The most significant impact will result from the extension of Newport Avenue to Edinger Street. This will have a beneficial aspect for the Costa Mesa Freeway (55) and Redhill Avenue by providing relief from peak hour traffic congestion. Primary benefit will result to individuals who live in the Tustin area and commute to Newport, Costa Mesa, south Santa Ana, Irvine and costal communities. Adverse impacts will accrue to residents taking direct or local street access to Newport Avenue. They will experience increased delays in traffic breaks, shorter access times to Newport Avenue, and increased stacking at controlled intersections. This same adverse impact will be experienced at major east-west streets throughout the length of Newport Avenue. 3. (Sec. 1201.3) Impact on Environmental Quality A short-term negative impact will 'result from traffic, noise, dust and debris associated with rehabili%ation, street, improvements, and new constructfon. The long-term impacts after the project is completed will be positive due to the aesthetic improvements and the transportation improvements that contribute to the vehicle and pedestrian safety of the residents of the community. A long-term negative impact will result to the residents abutting Newport Avenue caused by increased traffic and noise. 4. (Sec. 1201.4) Impact on Availability & Community Facilities & Services Improved traffic circulation will permit greater access to the municipal services within and without the Project area. Street improvements will enhance pedestrian movement and safety. Employees of the industrial areas southerly of Edinger Street will gain convenient access to community facilities such as the hospital, restaurants, stores, and public facilities. Access will be improved to provide emergency services of police, fire and paramedics to the areas adjoining the Project area. 5. (Sec. 1201.5) Impact on Businesses in the Area Businesses within the Project area as well as those in the Central business district will be enhanced as a result of improved accessibility. Primary beneficiaries will be the Tustin Town Center on Newport Avenue and the Old Town Business Community on E1 Camino Real. 6. (Sec. 1201.6) Impact on Property Values & Taxes Improvements to real property will result in higher assessed values and incremental tax revenues to the project area. These increases in taxes will be nominal due to the limited area for redevelopment of private property. Increases in sales taxes are anticipated as a result of commercial establishments within the community capturing a greater portion of area sal~s and services. South/Central Redevelopment Project Page 27 7. (Sec. 1201.7) Impact on Physical & Social Character of the Neighborhoods To the extent that portions of the Project areas are committed to private redevelopment, change will take place regardless of the adoption of this plan. By the adoption of the Redevelopment Plan, the project area committee and redevelopment agency can assure the quality of the developments and mitigate against adverse impacts resulting from redevelopment. The public improvements will result in increased pride of ownership and maintenance of private properties. B. (Sec. 1202) Alternative to Not Adopting a Redevelopment Plan Failure to adopt and implement the Redevelopment Plan will lead to further deterioration of the Project areas since no effective catalyst exists to aid in the revitalization of the areas. Some redevelopment will take place on isolated properties but the character of surround- ing properties will adversely impact new developments making further private investments in the area unlikely. The finding has been made that the areas cannot be improved without public assistance. Funds are not available from regular tax revenues to finance the construction of public improvements. The adoption of the Redevelopment Plan will authorize tax revenues from the Project area to be reinvested within the area for the direct benefit of the property owners and residents. The alternatives are to allow the areas to deterioate with expanded adverse impact upon surrounding properties and the total community or to implement, the Redevelopment. Plan. to enhance the quality of 'the physical~environment. C. (Sec. 1203) Mitigating £ffec~s Relocation assistance is provided for individuals, families, and businesses that are required to relocate as a result of a redevelopment project. Sound aite~tion is required for all new structures to mitigate the impact of noise resulting from increased traffic on Newport Avenue. Traffic signal interconnection on Newport Avenue and new signal installations at Sycamore, Walnut and McFadden, and Edinger and Del Amo will mitigate the impact of increased traffic and permit the free flow of traffic as related to demands. The adverse impacts from construction and grading operations are mitigated by the terms and conditions of permits pursuant to the development policies of the City of Tustin. ordain as 4 [. The 5 A. 6 7 B. 8 9 10 11 C. 12 13 14 -0. 15 16 E. 17 F. 18 19 ! I. The A. 23 25 27 ORDINANCE NO. 890 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ADOPTING TME SOUTH/CENTRAL REDEVELOPMENT PLAN The City Council of the City of Tustin, California, does hereby follows: City Council finds and determines as follows: Due notice was given and a joint Redevelopment Agency - City Council public hearing was conducted on July 18, 1983, for the purpose of adopting the South/Central Redevelopment Project Plan. A report was furnished the City Council by the Redevelopment Agency pursuant to Section 33352 of the Community Redevelopment Law (Health & Safety Code), which included the reports of the Planning Commis- sion and Project Area Committee, and recommending a finding of a Negative Declaration of Environmental Impact based on mitigating factors. The purpose of the City Council in adopting the South/Central Rede- velopment Plan is to aid in the revitalization and redevelopment of blighted properties by the primary means of constructing public works improvements to be financed from incremental tax revenues generated within the project areas. The Redevelopment Plan for the South/Central Area Redevelopment Project on file with the City Clerk of the City of Tustin is incor-' porated herein by reference. The above referenced 6edevelopment plan is the official redevelop- ment plan of the project areas. The City Council has reviewed the environmental assessment of the Redevelopment Plan and finds on the basis of an Initial Study and mitigating measures related to noise, traffic, and circulation, and comments received during the public review process, that the project will not have a significant effect on the environment. City Council further finds and determines as follows: The findings and determinations required by Section 33367(d) of the Heal th & Safety Code of the State of California are as follows: The project areas are blighted areas, the redevelopment of which is necessary to effectuate the public purposes declared in the California Community Redevelopment Law. The redevelopment plan provides for the redevelopment of the areas in conformance with the California Community Redevelopment Law 'and in the interests of public peace, health, safety, and welfare. 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 Ordinance No. 890 Page 2 4. 5. 6. 7. 8, 9. 10. The adoption and carrying out of the redevelopment plan is economically sound and feasible. The redevelopment plan conforms to the general plan of the com- munity subject to an amendment of the Orange County Master Plan of Arterial Highways for the extension of Newport Avenue to Edinger Street. The carrying out of the redevelopment plan would promote the public peace, heal th, safety, and welfare of the community and would effectuate the purpose and policy of the California Com- munity Redevelopment'Law. The condemnation of any real property would be accomplished only if 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. The agency has a feasible method and plan for the relocation of families and persons who may be displaced from the project areas as a result of plan implementation which may result in the tem- porary or permanent displacement of any occupants of housing facilities in the project areas. Plans and projects are being formulated and developed for hous- ing accommodations within and without the project areas which are 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 who may be displaced from the project areas, 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. All noncontiguous areas of a project area are either blighted or necessary for effective redevelopment and are not included for the purpose of obtaining the allocation of taxes from such area pursuant to the redevelopment law without other substantial justification for their inclusion: Inclusion of any lands, buildings, or improvements which are not detrimental to the public health, safety, or welfare is neces- sary for the effective redevelopment of the area of which they are a part; that any such area included is necessary for effec- tive redevelopment and is not included for the purpose of obtaining the allocation of tax increment revenues from such area without other substantial justification for its inclusion. 26 27 28 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Ordinance No. 890 Page 3 Bo 13.. The elimination of blight and the redevelopment of the project areas could not be reasonably expected to be accomplished by private enterprise acting alone without the aid and assistance of the agency. The City Council is satisfied that permanent housing facilities will be available within three years from the time occupants of the project area are displaced and that pending the development of such facilities there will be available to such displaced occupants adequate temporary housing facilities at rents comparable to those in the community at the time of the displacement, and/or rent supplements will be available. The City Council is convinced that the effect of tax increment financing, due to the'limited scope and tax revenues of the project areas, will not cause a severe financial burden or detriment on any taxing agency deriving revenues from the tax increment project areas. III. The City Council, based on the findings contained with the Report of the Redevelopment Agency, preliminary plans, and related reports and recom- mendations, hereby:. A. Approves a Negative Declaration pursuant to' the provisions of the California Environmental Quality Act. B. Approves and adopts the Redevelopment Plan for the South/Central Area Redevelopment Project. 17 City of Tustin, California, held on the 1983. ]8 PASSED AND ADOPTED at a regular meeting of the City Council of the day of , 19 20 ATTEST: MAYOR 21- 22 CITY CLERK 23 24 25 26 27 28