HomeMy WebLinkAboutORD 1021 (1989) ORDINANCE NO. 1021
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
2 TUSTIN, CALIFORNIA, APPROVING AND ADOPTING THE
SECOND AMENDMENT TO THE AMENDED REDEVELOPMENT
3 PLAN FOR THE TUSTIN TOWN CENTER AREA
REDEVELOPMENT PROJECT
4
WHEREAS, the City Council of the City of Tustin adopted the
5 Redevelopmerit Plan for the Town Center Area Redevelopmerit Project (the
"Redevelopment Plan") in November, 1976; and
6
WHEREAS, the City Council has previously amended the
7 Redevelopmerit Plan once in September, 1981, and as amended the
Redevelopmerit Plan is known as the "Amended Redevelopmerit Plan"; and
8
WHEREAS, the Tustin Redevelopment Agency (the "Agency") has
9 formulated and prepared the proposed Second Amendment to the Amended
Redevelopmerit Plan for the Town Center Area Redeve]opment Project; and
10
WHEREAS, the City Council of the City of Tustin has received from
]] the Agency the proposed Second Amendment to the Amended Redevelopment
Plan, a copy of which is on file at the office of the City Clerk, 300 Centennial
12 Way, Tustin, California, and at the office of the Agency at the same address,
together with the Report 'of~ the Agency on the proposed Second Amendment;
13 and
14 WHEREAS, the Planning Commission of the City of Tustin has
submitted to the City Council its report and recommendations concerning the
15 proposed Second Amendment to the Am.ended Redevelopment Plan and its
certification that the Second Amendment to the Amended Redevelopment Plan
16 conforms to the General Plan for the City of Tustin; and
17 WHEREAS, the Agency, on August 15, 1988, held a duly noticed
public hearing on the Draft Environmental Impact Report ("EIR"}, prepared
18 and circulated for public review and comment in accordance with the California
Environmental Quality Act (Public Resources Code Section 21000, ..e...t...S....e_cl:.), the
19 Guidelines for implementation of the California Environmental Quality Act (14
California Administrative Code Section 15000, et seq. ) and environmental
20 'procedures adopted by the Agency pursuant thereto; and the Draft EIR was
thereafter revised and supplemented to incorporate comments received and
21 responses thereto, and as so revised and supplemented, a Final EIR was
prepared by the Agency; and
22
WHEREAS, the Agency has considered and certified the adequacy
23 of the Final Environmental Impact Report, submitted pursuant to Public
Resources Code Section 21151 and Health and Safety Code Section 33352, and
24 has determined that the redevelopment of the Project Area pursuant to the
Amended Redevelopment Plan as further amended by the Second Amendment
25 will have significant effects on the environment based upon the impacts
identified in Resolution No. 88-14 adopted by the Agency on December 5, 1988,
26 making certain findings regarding the environmental impacts of the proposed
actions with respect to the Amended Redevelopmerit Plan as further amended
27 by the Second Amendment; and
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] ORDINANCE NO. 1021
Page 2
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WHEREAS, the Agency has by said Resolution No. 88-14 adopted a
4 Statement of Overriding Considerations determining that the benefits of the
Second Amendment outweigh the unavoidable adverse environmental effects;
5 and
6 WHEREAS, the City Council and the Agency held a joint public
hearing on February 21, 1989, on the proposed adoption of the Second
7 Amendment to the Amended Redevelopmeat Plan in the City Council Chambers,
300 Centennial Way, Tustin, California; and
8
WHEREAS, a notice of said hearing was duly and regularly
9 published in the _T...u...s...t...i_n__N.._e._w_s.., a newspaper of general circulation in the City
of Tustin, once a week for four successive weeks prior to the date of said
10 hearing, and a copy of said notices and affidavits of publication are on file
with the City Clerk and the Agency; and
1]
WHEREAS, copies of the notice of joint public hearing were mailed
]2 by certified mail with return receipt requested to the last known address of
each assesses as shown on the last equalized assessment roll of the County of
13 Orange of each parcel of land in the Project Area; and
14 WHEREAS, copies of the notice of joint public hearing were mailed
by certified marl return receipt requested to 'the governing body of each
15 taxing agency which receives taxes from property in the Project Area, and to
the last known assesses of each parcel in the Project Area; and notices were
] O also mailed to community organizations, business tenants and posted in
accessibla locations for notice to the general public from 'the Agency; and
17
WHEREAS, the City ,Council has evaluated the report of the
18 Agency, the proposed Second Amendment to the Amended Redevelopmerit Plan,
and the Final Environmental Impact Report, has provided an opportunity for
19 all persons to be heard, and has received and considered all evidence and
testimony presented for or against any and all aspects of the Second
20 Amendment and has made written findings in response to each written
objection of an affected property owner or taxing entity; and
21
WHEREAS, all actions required-by law have been taken by all
22 appropriate public bodies;
23 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUSTIN
DOES HEREBY ORDAIN AS FOLLOWS:
24
S_.e_.c..tio_n..__.l.. The legal description of the boundaries of the
25 Redevelopment Project is contained in Instrument No. 36603, book 11976, pages
35-48 of Official Records recorded on November 29, 1976, in the office of the
26 County Recorder of Orange County, California.
27 .S..e_.c_.t:i_o..n__2_, The purposes and intent of the City Council with
respect to the Project Area are and continue to be:
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] ORDINANCE NO. 1021
Page 3
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l) to create a mixed use town center area that combines
4 commercial, office, residential, and public uses which will
serve the needs of the community as well as encourage the
5 healthy growth of the town center area;
6 2) to improve traffic circulation and access in the town center
area as a means of reducing congestion, encouraging
7 business development, attracting new customers to the area,
alleviating pass-through traffic congestion and conflict, and
8 improving safety;
9 3) to revitalize and develop amentries in the Project area, both
publicly and privately financed, as a means of aidtag the
10 revitalization of the E1 Camino Real sect/or, in particular;
1] 4) to increase 'the level of capital improvements such as the
developraent of Columbus-Tustin Park, parking facilities,
sidewalk and street landscaping, street improvements and
12 related public iniprovement projects;
13
5) to improve controlled development of the area to aid in the
harmonious and efficient development of the redevelopmeat
14 area; and
15
6) to encourage residential development by actively seeking
] 6 private developxneat in the redevelopmeat area.
17 .S_e_q.t....i..9..n._.3.. It hereby is determined that the Second Amendment
submitted by the Agency is necessary arid desirable.
18
..S..e...q.'..~j..q..n.__.4.. The Second Amendment is incorporated herein by this
19 reference and made a part hereof as if fully set forth at length herein. The
Amended Redevelopmeat Plan for the Tustin Town Center Area Redevelopmeat
20 Project, as amended hereby, shall continue to be referred to as the Amended
Redevelopmeat Plan.
21
.~_.e_q.t.i. qp.._.~. Ordinance No. 701 and the Redevelopmeat Plan adopted
22 pursuant thereto as the official Redevelopment Plan for the Town. Center Area
Redevelopmeat Project, as amended by Ordirmnce No. 855, are hereby amended
23 by the Second Amendment so that the Redevelopmeat Plan adopted by
Ordinance No. 701, and amended by Ordinance No. 855, is replaced by the
24 Amended Redevelopmeat Plan as further amended by the Second Amendment.
25 ..S....e...q.t.i_q..n__.6.. All wr'[t'~en and oral objections to the · Second
Amendment to the Amended Redevelopmeat Plan for the Town Center Area
26 Rede'velopment Project have been overruled by Resolution No. 89-26 adopted
28 by this City Council on March 6, 1989.
27 ._S...e..c..t..i0_.r.~__7.., The Amended Redevelopmeat Plan as further amended
by the SeCond Amendment. is hereby approved, adopted and designated as the
] ORDINANCE NO. 1021
Page 4
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official Redevelopmeat Plan for the Town Center Area Redeve]opment Project
4 and said Amended Redevelopmeat Plan as further amended by 'the Second
Amendment is incorporated herein by this reference and made a part hereof as
5 if fi~lly set forth herein.
6 .S...e..qt.i...o..~.,..8. The City Council hereby finds and determines, based
on substantial evidence in the record, including, but not limited to, the
7 Agency's Report to the Tustin City Council on the Proposed Second Amendment
to the Amended Redevelopmeat Plan for the Town Center Area Redeve]opment
8 Project, and all documents referenced therein, arid evidence and testimony
received at the joint public hearing on adoption of the Second Amendment to
9 the Amended Redevelopmeat Plan held on February 21, 1989, thaL:
10 a) The Project Area has been found to be a blighted area in
Ordinance No. 701 adopted by the City Council on November 22, 1976, the
1 ] continued redevelopment of which is' rxecessary to effectuate the public
purposes declared in the Caljfo.rnia Communit'y Redevelopmeat Law (Health and
12 Safety Code Section 33000 ..e....t....S.....e....q.-..).
13 l'b) The adoption of the Second Amendment will assist in the
redevelopmeat of the Project Area in conformity with Lhe Community
14 Redevelopmeat Law of the State of California and in the interest of the public
peace, health, safety arid welfare. This finding is based on the fact that the
15 Second Am.endment provides for the installation of new, or the replacement or
rehabilitation of existing public improvements, facilities and utilities in areas
16 which are currently inadequately served in regard to such improvements,.
facilities and utilities.
17
c) The adoption and carrying out of the Amended
1 S Redevelopmeat Plan as further amended by the Second Amendment 'is
economically sound and feasible. This finding is based on the fact that the
19 limi~ on the bonded indebtedness that can be outstanding at any one time has
been raised to $35 million to insure that all existing and future debts can be
20 financed within the parameters of the Amended Redevelopmerit Plan.
21 d) The Second Amendmerit conforms to the General Plan of the
City of Tustin.. This finding is based on Lhe finding of the Planning
22 Commission that the Second Amendment conforms to the General Plan of the
City of Tustin.
23
e) The carrying out of the Second Amendraent will promote the
public peace, health, safety and 'welfare of the City of Tustin and will
24 effectuate the Amended Redevelopmeat Plan and the purposes and policies of
the Community Redevelopment Law of f. he Sta~e of California. This finding is
25 based on the fact that the Second Amendment will benefit tb.e Project Area by
26 providing for' the installaLion of new and the rehabilitation or replacemen~ of
existing public improvements, facilities arid utilities, thus helping to eliminate
27 blighLed conditions and encouragin.g further growth and de'velopment in
conformity with the objectives of the An, ended Redevelopmeat Plan.
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ORDINANCE NO. 1021
Page 5
f) The condemnation of real property, (the time period during
which it my be exercised is extended in the Second Amendment to the
Amended Redevelopment Plan) is necessary to the execution of the Amended
Redevelopment Plan, and adequate provisions have been made for the payment
for property to be acquired as provided for by law.
g) The Agency has a feasible method and plan for the
relocation of families and persons who might be displaced, temporarily or
permanently from housing facilities in the Project Area. This finding is based
upon the fact that the Amended Redeve]opment Plan provides for re]ocation
assistance according to law and the fact that such assistance, including
relocation payments, constitutes a feasible method for relocation.
h) There are, or are being provided, within the Project Area or
within other areas not generally less desirable with regard to public utilities
and public and commercial facfiities and at rents or prices within the financial
means of the families and persons who might be displaced from the Project
Area, decent, safe and sanitary dwellings equal in number to 'the number of
and available to such displaced families and persons and reasonably accessible
to their places of employment. This finding is based upon the fact that no
person or family will be required to move from any dwelling unit until suitable
replacement housing is available for occupancy, and that such housing must
meet the standards established in State law and regulations.
i) The Second Amendment enhances and strengthen8 the
safeguards contained in the Amended Redevelopment Plan to assure that the
work of redevelopment will be carried out pursuant to the Amended
Redeve]opment Plan.
j) The effect of tax ]ncrement financing, as contained in the
Second Amendment, will not cause a significant financial burden or detriment
on any taxing agency deriving revenues from the Town Center Area
Redevelopment Project. This finding is based on the facts that: 1) the limit
on the total tax increment revenue that may be allocated to the Agency over
the life of the Project has only been re-stated from $3 million annually over
the 30 year life of the Project to $90 million over the life of the Project; and
2) all affected taxing agencies were given the opportunity to consult with the
Agency on the fiscal impact of the Project as provided by the Community
Redevelopment Law Section 33328 and such affected taxing agencies either
choose 'not to do so or stated that there was no fiscal impact.
..S...e.~.t..i..o..n.._9... In order to implement and facilitate the effectuation of
the Amended Redevelopment Plan as further amended by the Second
Amendment certain official actions must be taken by the City Council;
accordingly the City Council hereby:
Amendment; i) pledges its cooperation in helping to carry out such Second
it) requests the various officials, department, boards and
agencies of the City of Tustin having administrative responsibilities in the
] ORDINANCE NO. 1021
Page 6
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Project Area likewise to cooperate to such end and to exercise their respective
4 functions and powers in a manner consistent with said Second Amendment; and
5 iii.) stands ready to con'Staler and take appropriate action on
proposals and measures designed to effectuate the Second Amendment.
6
.~.e....c..i..i.o..n......l.Q, That certain. document entitled "Final Environmental
7 Impact Report, Second Amendment to the Redevelopmeat Plan for Town Center
Area Redevelopmeat Project," a copy of which is on file in the office of the
8 Agency, arid in the office of the City Clerk, having been duly reviewed and
considered, and Resolution No. 88-126, adopted by the City CounCil on
9 December 5, 1988 sinking certain findings regarding the environmerrLal impacts
of the proposed actions with respect Lo the Second Amendment and adopting a
10 Statentent of Overriding Considerations, are hereby incorporated into this
Ordinance by reference and made a part hereof. All activities undertaken by
11 the Agency and/or the City of Tustin pursuant to or in implementation of the
Amended Redevelopmeat Plan as fur'ther amended by the Se~:ond Amendment
12 shall be undertaken' in accordance with the mitigation measures set forth in
the said Final Environmental hapact Report.
13
..S...e_c..tj..9.n.........1....]... Ordinance Nos. 701 a,'i.d 855 shall remain in full force
14 and effect except to the extent changed by this amending ordirmnce.
15 ..S..e...q.~ip_.r.L....l...2., The City Clerk hereby is directed to send a certified
copy of this ordinance to the Agency and the Agency hereby is vested with
]O · the responsibility for carrying ou[, the Amended Redevetopment Plan as further-
amended by the Second Amendment for the Town Center Area Redevelopmeat
17 Project,
18 ..S.e.q.t...i.q.r.l_.!.3.. The City Clerk hereby is directed to record with the
County Recorder of Orange County a description. of the land within the Project
19 Area and a statement that the Redevelopmeat Plan for the Town Center Area
Redevelopmeat Project has been amended, and that redevelopmeat proceedings
20 for the redevelopmenL of the Project Area pursuant to the Amended
Redevelopmeat Plan have been instituted and are continuing under the
California Community Redevelopmeat Law.
21
..S..e...q..t..i..O.!~._..!...4., If any part of ~his ordinance or the Second'
22 Amendment which i[ approves is held to be invalid for any reason, such
23 decision shall not affec~ the validity of [,he remaining portion of this ordinance
or of the Second Amendment, and this Council hereby declares that it would
have passed the remainder of the o,'dinance or approved the remainder of the
24 Second Amendment if such invalid portion thereof had been deleted.
25 Section 15. This ordinarme shall take effec~ thirty (30) days after
its final pas~'~'~'~""~'a"'Within fifteen (15) days after its passage, the City Clerk
2G shall cause it to be published in the ..T..~..s,.i...i..n_..N...e...w..s., a newspaper of general
circulation in the City of Tustin, and hereby designated rot that purpose.
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]ORDINANCE NO. 1021
Page 7
PASSED, APPROVED, and ADOPTED this 20th day of March
4 1989. - ..... ,
5
7 ATTEST: ~f~F~F TUSTIN
8
10
STATE OF CALIFORNIA )
]2 COUNTY OF ORANGE
CITY OF TUSTIN )
I, MARY WYNN, Ciiy Clerk. of the Ci-~y of Tustin, California, hereby
]4 certify that Ordinance No. 1021 was adopLed by Lhe C[Ly Council. of the City of
Tusih-~ at a regular meeLing held on the 20th day of MaFch ._, 1989, and
]5 the same was adopted by the following vote:
](; AYES: Kennedy, Edgar, H0esterey, Kelly
]7 NOES: None
]~ ABSENT: None
]9 ABSTAIN: Prescott
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