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Ordinance Number 583ORDINANCE NO. 583 ADOPTING REDEVELOPMENT PLAN AMENDMENT 86-1 - SAN JUAN CAPISTRANO CENTRAL REDEVELOPMENT PROJECT URGENCY AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING AND ADOPTING REDEVELOPMENT PLAN AMENDMENT 86-1 TO THE REDEVELOPMENT PLAN FOR THE SAN JUAN CAPISTRANO CENTRAL REDEVELOPMENT PROJECT (URGENCY) WHEREAS, the City Council of the City of San Juan Capistrano (the "City") by Ordinance No. 488 approved a Redevelopment Plan for the Central Redevelopment Project (the "Project", and by Ordinance No. 509 approved an amendment thereto (the "1983 Amendment"); and by Ordinance No. 547 approved an amendment thereto (the "1984 Amendment"); and, WHEREAS, the City Council has received from the San Juan Capistrano Community Redevelopment Agency, (hereinafter the "Agency"), the proposed Amendment 86-1 to the Redevelopment Plan, a copy of which is on file with the City Clerk at 32400 Paseo Adelanto, San Juan Capistrano, California, together with the Report of the Agency, including the reasons for the selection of the area proposed to be added by Amendment 86-1 (the "Added Area"), and a discussion of certain other matters as set forth in Section 33352 of the California Health and Safety Code, a description of the physical, social and economic conditions existing in the Added Area, the proposed method of financing the redevelopment of the Added Area, an analysis of the Preliminary Plan, the report and recommendations of the Planning Commission of San Juan Capistrano (the "Planning Commission"), area proposed to be added by Amendment 86-1 (the "Added Area"), and a discussion of certain other matters as set forth in Section 33352 of the California Health and Safety Code; and, WHEREAS, the Planning Commission has submitted to the City Council of the City of San Juan Capistrano its report and recommendations for approval of Amendment 86-1 and its certification that Amendment 86-1 conforms to the General Plan for the City of San Juan Capistrano; and, WHEREAS, the City Council and the Agency held a joint public hearing on August 5, 1986, concerning the adoption of Amendment 86-1 in the City Council Chamber, City Hall, 32400 Paseo Adelanto, San Juan Capistrano, California; and, WHEREAS, a notice of said hearing was duly and regularly published in the Capistrano Valley News, a newspaper of general circulation in the City of San Juan Capistrano, once a week for -1- five successive weeks prior to the date of said _hearing, and a copy of said notice and affidavit of publication are on file with the City Clerk of the City of San Juan Capistrano and Clerk of the Agency; and, WHEREAS, copies of the notice of joint public hearing were mailed by certified mail with return receipt requested to the last known address of each addressee, as shown on the last equalized assessment roll of the County of Orange, of each parcel of land in the proposed Added Area; and, WHEREAS, each assessee of privately -owned real property in the Added Area was sent a separate statement, attached to the notice of joint public hearing, that his property may be subject to acquisition by purchase of condemnation under the provisions of Amendment 86-1 to the Redevelopment Plan; and, WHEREAS, copies of the notice of joint public hearing were mailed by certified mail with return receipt requested to the governing body of each taxing agency which receives taxes from property in the Added Area; and, WHEREAS, the City Council has considered the report and recommendations of the Planning Commission, the report of the Agency, Amendment 86-1 and its economic feasibility, the feasibility of the relocation program, and has provided an opportunity for all persons to be heard and has received and considered all evidence and testimony presented for or against any and all aspects of Amendment 86-1; and, WHEREAS, the Agency and the City Council have reviewed and considered Amendment 86-1 and the Environmental Impact Report prepared in connection with proposals for developments within the Added Area, and have certified said Environmental Impact Report. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. That the purpose and intent of the City Council with respect to the Added Area is to accomplish the following: 1. The elimination of environmental deficiencies in the Added Area, including, among others, inadequate public improvements. 2. The comprehensive planning,redesign, replanning, development, reconstruction or rehabilitation of the Added Area which would facilitate a higher and better utilization of the lands within the proposed Added Area thereby contributing to the public health, safety and welfare. -2- 3. Assisting in construction flood control facilities. the financing, reconstruction and/or of curbs, gutters, sidewalks, streets, improvements and other public 4. Correction of defective design and character of physical construction, particularly in the area of (i) access improvements; (ii) undergrounding of power and communications lines; (iii) correction of street improvement deficiencies. SECTION 2. The City Council hereby finds and determines that: 1. The Added Area is a predominantly urbanized area which is a blighted area, the redevelopment of which is necessary to effectuate the public purposes declared in the California Community Redevelopment Law (Health and Safety Code Sections 33000 et seq.) This finding is based upon the following conditions which characterize the Added Area: a. The existence of properties which suffer from deterioration and disuse because of inadequate public improvements, facilities, and utilities, including inadequate and insufficient traffic circulation, parking, drainage, sidewalks, curbs, gutters and traffic signals, which cannot be remedied with private and governmental action with redevelopment. b. The existence of properties which suffer from economic dislocation, deterioration and disuse resulting from faulty planning. C. A lack of proper utilization of property, resulting in a stagnant and unproductive condition of land potentially useful and valuable. d. A prevalence of impaired investments and economic maladjustment. It is further found and determined that such conditions are causing and will increasingly cause a reduction and lack to such an extent that it constitutes a serious physical, social and economic burden on the City which cannot reasonably be expected to be reversed or alleviated by private enterprise acting alone, requiring redevelopment in the interest of the health safety and general welfare of the people of the City and the State. This finding is based on the fact that governmental action -3- available to the City without redevelopment would be insufficient to cause any significant correction of the blighting conditions, and that the nature and costs of the public improvements are beyond the capacity of the City and cannot be undertaken or borne by private enterprise, acting alone or in concert with available governmental action. This finding is supported in part by the fact that development has not proceeded within the Added Area, due to blighting conditions as identified herein which discourage development. 2. The Added Area is an urbanized area. This finding is based upon the fact that not less than eighty percent (80%) of the privately owned property in the Added Area has been or is developed for urban uses or, due to its role in the circulation system of the City and contiguity to the previously established Project Area is an integral part of an area developed for urban uses, as demonstrated by the Agency's Report to Council. 3. The Redevelopment Plan will redevelop the Added Area in conformity with the Community Redevelopment Law and in the interests of the public peace, health, safety and welfare. This finding is based upon the fact that redevelopment of the Added Area will implement the objectives of the Community Redevelopment Law by aiding in the elimination and correction of the conditions of blight, providing for planning, development, redesign, clearance, reconstruction or rehabilitation of properties which need improvement, and providing for higher economic utilization of potentially useful land. 4. The adoption and carrying out Amendment 86-1 is economically sound and feasible. This finding is based on the fact that under the Redevelopment Plan no public redevelopment activity will be undertaken unless the Agency can demonstrate that it has adequate revenue to finance the activity; the Agency's Report to City Council further discusses and demonstrates that economic soundness and feasibility of Amendment 86-1 to the Redevelopment Plan and undertakings pursuant thereto. 5. The Amendment 86-1 to Redevelopment Plan conforms to the General Plan of the City of San Juan Capistrano. This finding is based on the finding of the Planning Commission that the Redevelopment Plan conforms to the General Plan for the City of San Juan Capistrano. 390 The carrying out of Amendment 86-1 to the Redevelopment Plan will promote the public peace, health safety and welfare of the City of San Juan Capistrano and will effectuate the purposes and policy of the Community Redevelopment Law. This finding is based on the fact that redevelopment will benefit the Added Area by correcting conditions of blight particularly concerning flood control improvements. 7. No existing housing facilities are included within the Added Area as to which occupants could be displaced by activities of the Agency. Therefore, the Agency is not required to prepare a precise plan to implement the relocation of families and persons displaced from the Project Area. The Agency recognizes that the provisions of Sections 7260 to 7276 of the California Government Code would be applicable in the event such relocation would occur due to the implementation by the Agency of Amendment 86-1. The City Council finds and determines that the provision of relocation assistance according to law constitutes a feasible method for relocation. 8. There are, or are being provided, within the Added Area or within other areas not generally less desirable with regard to public utilities and public and commercial facilities and at rents or prices within the financial means of any families and persons who might be displaced from the Added 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 each of the following facts: (i) no housing facilities are included within the Added Area as to which occupants could be displaced by activities of the Agency; and (ii) no person or family will be required to move from any dwelling unit until suitable replacement housing is available. Inclusion of any lands, building or improvements which are not detrimental to the public health, safety or welfare is necessary for effective redevelopment of the entire area of which they are a part, and any such area is not included for the purpose of obtaining the allocation of tax increment revenues from such area pursuant to Section 33670 of the Community Redevelopment Law without other substantial justification for its inclusion. This finding is based upon the fact that the boundaries of the Added Area were chosen on the basis that properties therein are similarly situated with respect to needed circulation improvements and whose -5- 391 inclusion is necessary to accomplish the objectives and benefits of Amendment 86-1 to the Redevelopment Plan. 10. The elimination of blight and the redevelopment of the Added Area could not reasonably be expected to be accomplished by private enterprise acting alone without the aid and assistance of the Agency. This finding is based upon the existence of blighting influences, including the lack of adequate public improvements and facilities, and the infeasibility due to cost of requiring individuals (by means of assessments of otherwise) to eradicate or significantly alleviate existing deficiencies in public improvements. SECTION 3. The City Council is satisfied that permanent housing facilities will be available within three (3) years from the time occupants of the Added Area, if any, are displaced, and that pending the development of such permanent facilities, there will be available to any such displaced occupants temporary housing facilities at rents comparable to those in the City of San Juan Capistrano at the time of their displacement. No persons or families of low or moderate income shall be displaced from residence unless and until there are suitable housing units available and ready for occupancy by such displaced persons or families at rents comparable to those at the time of displacement. Such housing units shall be suitable to the needs of such displaced persons or families and dwellings. The Agency shall not displace any such persons or families until such housing units are available and ready for occupancy. SECTION 4. The City Council is convinced that the effect of tax increment financing will not cause a severe financial burden to detriment on any taxing agency deriving revenues from the Added Area. This is based upon the analysis contained in the Agency's Report to the City Council. SECTION 5. Any written objections to Amendment 86-1 filed with the City Clerk of the the City of San Juan Capistrano before the hour set for hearing and all oral objections presented to the City Council at the hearing having been considered are hereby overruled. SECTION 6. That certain document entitled "Amendment 86-1 to the Redevelopment Plan for the Central Redevelopment Project," the 392 maps contained therein and such other reports as are incorporated therein by reference, a copy of which is on file in the Office of the City Clerk of the City of San Juan Capistrano, having been duly reviewed and considered, is hereby incorporated, (in this Ordinance by reference and made a part hereof, and as so incorporated), is hereby designated, approved and adopted and the official "Amendment 86-1 to the Redevelopment Plan for the Central Redevelopment Project." Except as and to the extent expressly modified by Amendment 86-1, all provisions of the Redevelopment Plan as approved by Ordinance No. 488 and amended by Ordinance No. 509 and by Ordinance No. 547 shall remain in full force and effect. SECTION 7. In order to implement and facilitate the effectuation of Amendment 86-1 as hereby approved, this City Council hereby (a) pledges its cooperation in helping carry out Amendment 86-1, (b) requests the various officials, departments, boards and agencies of the City of San Juan Capistrano having administrative responsibilities in the Added Area likewise to cooperate to such end and to exercise their respective functions and powers in a manner consistent with the redevelopment of the Added Area, (c) stands ready to consider and take appropriate action upon proposals and measures designed to effectuate Amendment 86-1, and (d) declares its intention to undertake and complete any proceeding necessary to be carried out by the City under the provision of Amendment 86-1. SECTION 8. The City Clerk is hereby directed to send a certified copy of this Ordinance to the Agency whereupon the Agency is vested with the responsibility for carrying out Amendment 86-1. SECTION 9. The City Clerk is hereby directed to record with the County Recorder of Orange County a description of the land within the Added Area and a statement that proceedings for the redevelopment of the Added Area have been instituted under the Community Redevelopment Law. SECTION 10. The City Clerk is hereby directed to transmit a copy of the description and statement recorded by the City Clerk pursuant to Section 9 of this Ordinance, a copy of this Ordinance and a map or plat indicating the boundaries of the Added Area, to the Auditor and Assessor of the County of Orange, to the governing body of each of the taxing agencies which receives taxes from property in the Added Area and to the State Board of Equalization. -7- 393 SECTION 11. Effective -Date. This Ordinance shall take effect and be in full force immediately. SECTION 12. City Clerk's Certification. The City Clerk shall certify to the adoption of this Ordinance and cause the same to be published once as required by law and posted at the duly designated posting places within the City of San Juan Capistrano within fifteen (15) days after its passage. SECTION 13. Severability. If any part of this Ordinance or Amendment 86-1 which is approved is held to be invalid for any reason, such decision shall not affect the validity of the remaining portion of this Ordinance or of Amendment 86-1, and this City Council hereby declares that it would have passed the remainder of this Ordinance or approved the remainder of Amendment 86-1 if such invalid portion thereof has been deleted. PASSED, APPROVED, AND ADOPTED THIS 19th day of August , 1986 . ATTEST: ITY CLER l KENNETH E. FRIESS, MAYOR ME 394 STATE OF -CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF SAN JUAN CAPISTRANO ) I, MARY ANN HANOVER, City Clerk of the City of San Juan Capistrano, California, DO HEREBY CERTIFY that the foregoing is a true and correct copy of Ordinance No. 583 , adopted by the City Council of the City of San Juan Capistrano, California, at a regular meeting therof held on the 19th day of August 1986, by the following vote: AYES: Councilmen Schwartze, Bland, Buchheim, Hausdorfer, and Mayor Friess NOES: None ABSENT: None ( SEAL )A R ANN R, `CIT CLERK