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Ordinance Number 488ORDINANCE NO. 488 224 ADOPTION OF REDEVELOPMENT PLAN AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING AND ADOPTING THE REDEVELOPMENT PLAN FOR THE SAN JUAN CAPISTRANO CENTRAL REDEVELOPMENT PROJECT WHEREAS, the San Juan Capistrano Redevelopment Agency, hereinafter referred to as the "Agency," formulated and prepared the Proposed Redevelopment Plan (the "Proposed Plan") for the San Juan Capistrano Central Redevelopment Project (hereinafter referred to as the "Project Area"); and, WHEREAS, the Planning Commission of the City of San Juan Capistrano has submitted its report and recommendations on the Proposed Plan, finding that the Proposed Plan is in conformity with the General Plan, and recommending approval and adoption of the Proposed Plan; and, WHEREAS, the Agency submitted to the City Council of the City of San Juan Capistrano, hereinafter referred to as the "Council," the Proposed Plan accompanied by the Report of the Agency on the Proposed Plan, which Report contains, among other things, the Planning Commission's report and recommendations, the Environmental Impact Report prepared for the San Juan Capistrano Central Redevelopment Project, the Report of the County Fiscal Officer and Analysis thereof by the Agency, and the Report of the Fiscal Review Committee; and, WHEREAS, the Agency adopted rules governing participation by and reasonable preferences to owners and tenants in the Project Area; and, WHEREAS, the Agency consulted with property owners, residents and businesses in the Project Area and the taxing agencies which levy taxes, or for which taxes are levied, on property in the Project Area with respect to the Plan and to allocation of taxes pursuant to Section 33670; and, WHEREAS, this Council considered and approved the response of the Agency to the Report of the Fiscal Review Committee; and, WHEREAS, the Agency, the Planning Commission and the Council reviewed and have considered the information contained in the Environmental Impact Report prepared for the San Juan Capistrano Central Redevelopment Project and have by resolution made certain findings with respect to the environmental impacts of the Project Area in compliance with the California Environmental Quality Act of 1970, and State and local regulations and guidelines adopted pursuant thereto and have approved and adopted said Environmental Impact Report as the Final Environmental Impact Report for the adoption of the Redevelopment Plan; and, -1- 225. WHEREAS, after due notice, a Joint Public Hearing was held by this Council and the Agency to consider the Proposed Plan; and, WHEREAS, at said Joint Public Hearing, this Council heard and considered all oral and written objections; and, WHEREAS, all actions required by law have been taken by all appropriate public agencies. NOW, THEREFORE, the City Council of the City of San Juan Capistrano does hereby ordain as follows: SECTION 1. The purpose and intent of the Council with respect to the Project Area is to: (a) Eliminate the conditions of blight existing in the Project Area; (b) Insure, as far as possible, that the causes of blighting conditions in the Project Area will be either eliminated or protected against; (c) Provide participation for owners and tenants and a reasonable preference for persons engaged in business in the Project Area; (d) Encourage and insure the rehabilitation, rebuilding, and redevelopment of the Project Area; (e) Encourage and foster the economic revitalization of the Project Area; (f) Relocate the owners and occupants of the Project Area as needed; (g) Redevelop, rebuild and construct the public facilities in the Project Area to provide safer and more efficient service for the people in the area and the general public as a whole; and, (h) To provide housing as required to satisfy the needs and desires of the various age, income and ethnic groups of the community in conformity with the Community Redevelopment Law of the State of California (commencing with Health and Safety Code Section 33000) and the Housing Element of the City's General Plan. SECTION 2. All written and oral objections to the Proposed Plan are hereby overruled. -2- 2M SECTION 3. The proposed Plan for the San Juan Capistrano Central Redevelopment Project, is hereby approved and adopted and designated the official Redevelopment Plan for the Project Area (the "Redevelopment Plan"). SECTION 4. The Proposed Redevelopment Plan is hereby incorporated herein by reference and made a part hereof as if fully set out at length herein. SECTION 5. This Council hereby finds and determines for the Project Area that: (a) Upon the record accumulated during the redevelopment plan adoption process, the record of the joint public hearing on the Proposed Plan, including all testimony received at the joint public hearing and the report of City staff, the Report of the Agency to the City Council, all studies and data supporting said records and Report, and the Final Environmental Impact Report, the Project Area is a blighted area, the redevelopment of which is necessary to effectuate the public purposes declared in the Community Redevelopment Law of the State of California, to wit: (i) The Project Area is characterized by conditions of blight, as the same is defined in the California Redevelopment Law and as more particularly described herein and in the documents and reports referred to in Section 5(a) hereof, which conditions have caused a reduction of or lack of proper utilization of the Project Area to such an extent that the Project Area constitutes a physical, social and economic burden on the community which cannot be remedied by private or governmental action without redevelopment requiring redevelopment in the interest of the health, safety, and general welfare of the people of the City of San Juan Capistrano; (ii) The Project Area is characterized by properties which suffer from economic dislocation and disuse because of the existence of: (1) Defective design and physical construction; -3- Z `L. (2) Faulty exterior spacing and interior arrangement; (3) Inadequate provision for ventilation, light, sanitation, open space and recreational facilities; (4) Age, obsolescence, deterioration, dilapidation, and mixed character or shifting of uses; (5) Economic dislocation, deterioration or disuse resulting from faulty planning; (6) Subdividing and sale of lots of inadequate size for proper usefulness and developments; (7) The existence of lots or other areas which are subject to being submerged by water; (8) Inadequate public improvements, public facilities, open spaces and utilities; (9) A prevalence of depreciated values, impaired investments and social and economic maladjustment. (iii) The lack of proper utilization of the Project Area has resulted in a stagnant, unproductive condition of land potentially useful and valuable for contributing to the public health, safety, and welfare by providing employment opportunities for jobless, underemployed and low income persons; (b) The Redevelopment Plan will redevelop the Project Area in conformity with the Community Redevelopment Law of the State of California in the interests of the public peace, health, safety and welfare; (c) The adoption and carrying out of the Redevelopment Plan is economically sound and feasible; (d) The Redevelopment Plan conforms to the General Plan of the City of San Juan Capistrano; (e) The carrying out of 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 policies of the Community Redevelopment Law of the State of California; -4- 4 ´┐ŻOFO (f) The condemnation of real property, as provided for in the Redevelopment Plan, is necessary to the execution of the Redevelopment Plan and adequate provisions have been made for payment for property to be acquired as provided by law; (g) Agency has a feasible method and plan for the relocation of families and persons to be temporarily or permanently displaced from housing facilities in the Project Area; (h) There are or are being provided in the Project Area or in other areas 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 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; (i) Any noncontiguous areas of the 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 Section 33670 of the Community Redevelopment Law without other substantial justification for their inclusion. (j) Inclusion with the Redevelopment Area of any lands, buildings or improvements which are not detrimental to the public health, safety or welfare is necessary for the effective redevelopment of the area of which they are a part; any such area included is necessary for effective redevelopment and 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; and, (k) The elimination of blight and the redevelopment of the Project Area cannot be reasonably expected to be accomplished by private enterprise acting alone without the aid and assistance of Agency. SECTION 6. In order to implement and facilitate the effectuation of the Redevelopment Plan hereby approved and adopted, it is found and determined that certain official actions must be taken by this Council with reference, among other things, to changes in zoning, the vacating and removal of streets, alleys, and other public ways, the establishment of new street patterns, the location and relocation of sewer and water mains and -other public facilities, the expenditure of funds by the community and other public action, and accordingly, this Council hereby: -5- 229 (a) Declares its intention to undertake and complete any proceedings necessary to be carried out by the City of San Juan Capistrano under the provisions of the Redevelopment Plan. (b) Requests the various officials, departments, boards, commissions, and agencies of the City of San Juan Capistrano having administrative responsibilities (in the Project Area) likewise to cooperate to such end and to exercise their respective functions and powers in a manner consistent with said Redevelopment Plan. (c) Provides for the expenditure of funds by the community to implement the Redevelopment Plan in such amounts, for such purposes and under such conditions as set forth in subsequent resolutions or ordinances of this Council. SECTION 7. This Council is satisfied permanent housing facilities will be available prior to relocation or 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 their displacement. SECTION 8. This Council is convinced that the effect of tax increment financing will not cause a severe financial burden or detriment to any taxing agency deriving revenues from the Project Area. SECTION 9. The City Clerk is hereby directed to send a certified copy of this Ordinance to Agency, and Agency is hereby vested with the responsibility for carrying out the Redevelopment Plan, subject to the provisions of the Redevelopment Plan. SECTION 10. The City Clerk is hereby directed to record within thirty (30) days from the adoption of this Ordinance with the County Recorder of Orange County, a description of the land within the Project Area and a statement that the proceedings for the redevelopment of the Project Area have been instituted under the California Redevelopment Law. Agency is hereby directed to effectuate recordation in compliance with the provisions of Section 27295 of the Government Code to the extent applicable. Q9 23U SECTION 11. The City Clerk is hereby directed to transmit a copy of the description and statement recorded by the City pursuant to Section 10 of this Ordinance, a copy of this Ordinance, and a map or plat showing the boundaries of the Project Area, to the Auditor and Tax Assessor of Orange County, to the governing body of each of the taxing agencies which levies taxes upon property in the Project Area, and to the State Board of Equalization. SECTION 12. The Building Division of the Public Works' Department of the City of San Juan Capistrano is hereby directed for a period of two (2) years after the effective date of this Ordinance to advise all applicants for building permits within the Project Area that the site for which a building permit is sought for the construction of buildings or for other improvements is within a redevelopment project area. SECTION 13. Effective Date. This Ordinance shall take effect and be in force thirty (30) days after its passage. SECTION 14. City Clerk's Certification. The City Clerk shall certify to the adoption of this Ordinance and cause 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. PASSED, APPROVED AND ADOPTED this 12th day of , 1983 , by the following vote, to wit: AYES: Councilmen Friess, Schwartze and Mayor Bland NOES: None ABSTAIN: Councilmen ABSENT: None ATTEST: CITY CLE- ' Hausdorfer and Buchheim -7-