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HomeMy WebLinkAboutNS-2167 - Approving and Adopting an Amendment to the Redevelopment Plan for the Santa Ana South Harbor Blvd /Fairview St Redevelopment Project305 ORDINANCE NO. NS-216? AN ORDINANCE OF THE CITY OF SANTA ANA APPROVING AND ADOPTING AN AMENDMENT TO THE REDEVELOPMENT PLAN FOR THE SANTA ANA SOUTH HARBOR BOULEVARD/FAIRVIEW STREET REDEVELOPMENT PROJECT WHEREAS, the city Council of the city of Santa Ana (the "City Council") adopted Ordinance No. NS-1638 on July 6, 1982, approving and adopting the Redevelopment Plan for the Santa Ana South Harbor Boulevard/Fairview Street Redevelopment Project Area (the "Redeve- lopment Plan" and the "Project Area"); and WHEREAS, the Santa Ana Redevelopment Commission ("Commis- sion''), performing functions of the Community Redevelopment Agency of the city of Santa Ana ("Agency") pursuant to Section 33202 of the California Health and Safety Code and Resolution No. 91-102 of this Council, has formulated, prepared and proposed an amendment to the Redevelopment Plan as set forth in Exhibit A, attached hereto (the "Amendment"); and WHEREAS, in accordance with the California Environmental Quality Act, Public Resources Code Section 21000 et seq., ("CEQA"), the Guidelines for Implementation of the california Environmental Quality Act and environmental procedures adopted by the City pursuant thereto, the City prepared and circulated for public review and comment a negative declaration for the Amendment (the "Negative Declaration"); and WHEREAS, the Planning Commission of the City of Santa Ana made and submitted its Report and Recommendation on the proposed Amendment, finding that the Amendment conforms to the General Plan of the City, and recommending approval and adoption of the Amendment; and WHEREAS, the Commission submitted the proposed Amendment to the City Council, together with the Report to the city Council; and WHEREAS, after due notice, the City Council and the Commission held a joint public hearing on June 16, 1992, to consider the approval and adoption of the proposed Amendment; and WHEREAS, the City Council has considered and evaluated the Amendment, the Commission's Report to the City Council, the Report and Recommendation of the Planning Commission, the economic feasibility of the Amendment and the Negative Declaration; has provided an opportunity for all persons to be heard and has received and considered all evidence and testimony presented for and against any and all aspects of the Amendment, including ORDINANCE NS-2167 Page 2 environmental impacts; and WHEREAS, after said joint public hearing the Commission has duly approved the Amendment and recommended that the Amendment be adopted by the City Council; and WHEREAS, all actions required by law have been taken by all appropriate public agencies; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: SECTION 1: The Negative Declaration, with its finding that the Amendment will not have a significant effect on the environment, is hereby approved and adopted. SECTION 2: The purposes and intent of the city Council with respect to the Amendment and the Project Area were, and continue to be, the following: a. Elimination of physical blight. b. Creation of new employment opportunities. Encouragement of uniform and consistent land use patterns. Encouragement of private commercial/industrial rehabilitation, development and capital investment. eo Implementation of the General Plan. Encouragement of highest and best use of consistent with the General Plan. available land Improvement of market potential through creation of uniform commercial character along Harbor Boulevard. h. Development of vacant or under-utilized industrial land. Provision or replacement of public streets, alleys, parks, sidewalks, sewers, storm drains, traffic signals, lighting systems, and other public facilities and improvements as necessary. SECTION 3: It is hereby determined that the Amendment is necessary and desirable. SECTION 4: As approved and recommended by the Commission, the city Council hereby approves and adopts the Amendment. The Amendment will hereinafter be known as the "1992 Amendment to the Redevelopment Plan for the Santa Ana South Harbor Boulevard/ 307 2 S-2167 Page 3 309 Fairview Street Redevelopment Project Area." SECTION 5: The Amendment, as set forth in Exhibit A, is incorporated herein by reference and made a part hereof as if fully set forth at length herein. The Redevelopment Plan for the Redevelopment Project Area, as amended by the Amendment approved herein, is referred to hereinafter as the ,,Amended Redevelopment Plan." SECTION 6: The Redevelopment Plan for the Santa Harbor Boulevard/Fairview Street Redevelopment Project amended as set forth in the Amendment. Ana South is hereby SECTION 7: Any and all written and oral objections to the Amendment filed with and presented to the city Council before, during and after public hearing, including any submitted by affected property owners and taxing agencies, have been considered and evaluated by the city Council, and such written and oral objections are hereby overruled. SECTION 8: The Amended Redevelopment Plan is hereby approved, adopted and designated the official redevelopment plan for the Project Area. SECTION 9: Based on substantial evidence in the record, including, but not limited to, the Commissions's Report to the city Council on the proposed Amendment, all documents referenced therein, and evidence and testimony received at the joint public hearing on June 16, 1992, the city Council hereby finds and determines that: The Amended Redevelopment Plan will continue to redevelop the Project Area in conformity with the Community Redevelopment Law and in the interests of the public peace, health, safety and welfare. The adoption and carrying out of the amended Redevelop- ment Plan is economically sound and feasible. The Amendment and the Amended Redevelopment Plan conform to the General Plan of the City. The carrying out of the Amended Redevelopment Plan will continue to promote the public peace, health, safety and welfare of the City of Santa Ana, and will effectuate the purposes and policy of the Community Redevelopment Law. The condemnation of real property 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 by law. ORDINANCE NS-2167 Page 4 ~311 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. There are, or are being provided, within the Project Area or within other areas not generally less desirable with regard to public utilities and public and commercial facilities and at rents or prices within the financial means of the families and persons who 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. The elimination of blight and the redevelopment of the Project Area could not reasonably be expected to be accomplished by private enterprise acting alone without the aid and assistance of the Agency. The effect of tax increment financing will not cause a significant financial burden or detriment on any taxing agency deriving revenues from the Project Area. SECTION 10: 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 the facilities, there will be available to the displaced occupants adequate temporary housing facilities at rents comparable to those in the community at the time of their displace- ments. SECTION 11: The Clerk of the Council 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 the First Amendment and the Amended Redevelopment Plan. SECTION 12: Ordinance No. NS-1638, and all findings and statements contained therein, shall remain in full force and effect except to the extent changed by this amending ordinance. ORDINANCE NS-2167 " 3~ Page 5 ~ ADOPTED this 3rd ATTEST: COUNCILMEMBERS: Young Aye Pulido Aye Acosta Nay Griset Absent McGuigan Aye Norton Nay Richardson Aye day of August , 1992. Mayor APPROVED AS TO FORM: city Attorney CERTIFICATE OF ORIGINALITY & PUBLICATION State of California County of Orange I, JANICE C. GUY, Clerk of the Council, do hereby certify the attached Ordinance ~-~/~7 to be the original ordinance adopted by the city Council of the City of Santa Ana on ~-~-~ ; and that said ordinance was published in accordance with the Charter of the city of Santa Ana. cl~erk of the Council~Date city of Santa Ana PROPOSED AMENDMENTS TO THE REDEVELOPMENT PLAN FOR THE ,~ITA ANA SOUTH HAI~OR BOULEVARD/FAIRVIEW STREET REDEVELOPMENT PROJECT 315 Thc following presents thc proposed amendments, by Section, 1o the Redevelopment Plan. Once finalized and adopted, these changes will be incorporated into the Plan document. SECTION 100. INTRODUC'TION Paragraph 1: No changea Add the following paragraph: The First Amendment to the Plan was adopted by the CiO~ Council of tl~e City Santa,,tna on by Ordlnan~ . The Amendments have been incorporated herein. Remu~nlnS Paragraphs: No changes SEC;rlON 200. PROJECT AREA BOUNDARIES AND LEGAL DESCRIPTION No changes SECTIONS 300 THROUGH 307. PROPOSED REDEVELOPMENT ACTIVITIES No changes SECTION 308. ACQUISITION OF REAL PROPERTY Paragraphs 1 and 2: NO changes. Modi~ Paragraph 3 to read as follows: No eminent domain proceeding to acquire property within the Project Area shall be commenced after twelve (12) years following the effective date of the ordinance approving and adopting the First,4mendment to this Plan. Such thne limitation may be extended only by amendment of this Plaa. 7he Agency acknowledge~ it exempted certain properties bt the Project Area from eminent domain by adoption of R~soluttor~ No. 82-6~ 82-69, 82.7f~ 82-71, 82-72, and 84-3. Paragraphs 4 through 7: No changes. 316 Slf!CrlON 309 TI-IROUGH 313. No changes. SECTION 314, Paragraph 1: No changes. Modli~ Paragraph 2 a~ follows and add Paragraph The Agency may also pay to any ta~ing agency with territory located within thc Project Arco (other than thc City), any amounts of money which, in the Agency*s determination, are appropriate to alleviate any financial burden or detriment caused to such ~axlng agency by the Project, No-~a~t~-Imyment-may-b~-mad~;-htn~v~-ig.4t~e to-ti~-p~Po~-aad-~-~%abllzh~d-i~-'~h~- -(~m~au~ - R-ede~Ol~m(--l~a~ The paymentr to tt taxing agency in any single year shall not exceed the amount of properly tax revetmez which would have been received by that taxing agency if all the prop~ty tax revenues from the Project Area had been allocated to all the affected taxing agencies without regard to the division of taxez required by Section 336?0, except that a greater payment may be established by an ttgreement between the agency and one or more taxing agencle.~, except a School District, ~f the other twdng agenciez agree to defer payments for one or more year~ in order to accompl~h the purposes of the project at an earller time them would othet~e be the cas~ The amount of any greater payments shall not exceed the amount Of payment deferred. The payments shall be approved by resolution, udopted by the ~lgency, which shall contain findings, supporled by ~ubstantiai evidence, that thc Project will cause or haz caused a financial burden or detriment to the taxing agency and that the payments are necexvury to alleviate the financial burden or detriment. The requirement that the ~4gency may make payments to a taxing entlo~ only to alleviate ~t financial burden or detriment, as defined in Section 33012, and only after approval by a resolution which contain~ specified fi~utings, shall apply only to payments monde by an ~4gency punuant to an agreement between an Agency and a taxing entity which is executed by the/4gency on or after the effective date of the First Amendment to the Plan. SECTIONS 315 THROUGH 326. No changes. I SECTION 32/: Paragraph 1: No changes. Modify Paragraphs 2 and 3 as follows: The Agency, by law, i~ not authorized to acquire real properly owned by public bodies without thc 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 proper~ in the Project Area will be afforded all the privileges of owner and tenant participation if such pt]bite body is willing to entgx into a participation agreement with the Agency. Alt--phu~--fo~ q~,~.~. = =:: ;u~ll~.bedi~..th~-plaaniag-and-d=il;n-~ont~ots ia:bEc ~.7,a,.~::, ~-~ ~=fgr~-~~~Pt~ ~e Agcn~ is authorized to flnand~ (aM othe~se) assht ~y publk cnfl~ in thc ~st of public land, bufldin~ fa~litt~ s~ctur~, or other ~pr~ements (wi~ or without the ~ojcct Area) w~ch l~d, bufld~ fa~litles, s~uctures, or other tmprove~nts are of benefit to ~e Project 317 SECTION 328 THROUGH 334: No change, s. SECTION 400. LAND USES AND DEVELOPMENT REQUIREMENTS Section 401 Redevelonment Plan Map This Section is modified as follows: Section 401. ~?edevelovment Plan Mae and Us,.s Permitted The Redevelopment Map, attached hereto as Exhibit "A", illustrates the location of the Project boundarics, identifies somc of the major strccts within the Project Area, and designates thc major land uses to be permitted in the Project Area. The land user permitted by this Plan conform m those permitted by the City of Santa .dna General Plan. If the City of Santa Aha General Plan is hereafter amended to permit other uses, then such other uses shall be tn~rrnitted under thi~ Redevelopment Plan subject to approval by the Agency. Major and other land us~s are described hescin- below. 318 SECTIONS 402 THROUGH 425 No Changes SEC:I1ON 500 METHODS FOR FINANCING THE PROJECT Section SOL No changes Selden 502. ~ Paragraphs 1 (including sub-sections) through paragraph 3. No changes. Paragraph 4 is modified as follows: The portion of tax~s divided and ailocat~d to the Agency pursuant to subdivision 2 of thls section shall not, except by am~ndtnent of this Plan, exceed a cumulative total Paragraph 5 through p-mgraph 7. No changes Paragraph 8 is modified as follows: The amount of bonded indebtedness, to be repaid in whole or in part from the allocation of taxes described in subdivision :2 above which can be outstanding at any one time shall not exceed ~-t~%0~0 $1,~,~,~ in principal amount. Paragraph 9 is modified as follows: The Agency shall not establish or incur loans, advances, or indebtedness to finance in whole or in part the Project beyond ~ $~ years fi.om the date o~ adoption of t/~e F~,,lme~ m this Plan. Loans, advances, or indebtedness may be repaid over a period of time beyond said time limit. SECTION 503. Other Loans and Grants No changes SEc:I'ION 600. ALrI'IONS BY THE CITY No changes 4 I SECTION 700. ENFORCEMENT No ~h~nges 319 SECTION 800. DURATION OF THIS PLAN Except for the non-discrimination and non-segregation provisfon~ which shall run h~ perpetuiv], the provisions of this Plan shall be effective, and the provisions of other documents formulated pursuant to this Plan may be re'adc effective, for ~0 40 years from tho effective date of adoption of the. Fir~t~4me~dment to this Plan bythe City Council; provided, however, that the Ageucy may i~ue bonds and incur obligations pursuant to this Plan which extend beyond the term~natJon date, and in such event, this Plan shall continue in effect for the purpose of repaying such bonds or other obligations until the date of retirement of such bonds or other obligations, as determined by the City Council. SECTION 900. PROCEDURE FOR AMENDMENT No changes EXHIBITS A AND B No changes EXHIBIT C R~vised Exhibit C attachcd hereto. 320 EXHIBIT 'C" PROPOSED PUBLIC IMPROVEMENTS AND FACILITIES PROJECTS Santa Aha South Harbor Boulevard/Fairview Street Redevelopment Project Sewer Improvement - Segerstrom, Susan to Harbor Sewer Improvement - Susan, Harvard to Pendleton Storm Drain Construction - MacArthur, Greenville to the Flood Control Channel Storm Drain Construction- Harbor, Segerstrom to the Flood Control Channel Underground Utilities - Warner, Harbor to Fairview Underground Utilities - Susan, Harvard to Segerstrom Underground Utilities - Anne, Harvard to Warner Bridge Construction - Harbor Boulevard at the Santa Aha River Overcrossing Reconstruction - MacArthur Boulevard at the Santa Aha River Street Const~ction - MacArthur, Harbor to Santa Aha River Median Construction - Warner, Harbor to Fairview Sidewalks, Curbs and Gutters - Susan, Castor to Segerstrom Sidewalks, Curbs and Gutters - Anne, Harvard to Segerstrom Sidewalks, Curbs and Gutters - Castor, Yale to Susan Sidewalks, Curbs and Gutters - Fordham, Yale to Susan Sidewalks, Curbs and Gutters - Maywood, YaLe to Susan Sidewalks, Curbs and Gutters - Pendleton, Susan to OCFCD Channel Sidewalks, Curbs and Gutters - Central, Susan to OCFCD Channel Sidewalks, Curbs and Gutters - Yale, North of Segerstrom Intersection Improvement - Harbor and Warner Trees Along Parkway - Segerstrom, Santa Aha River to Fairview Trees Along Parkway - Warner, Harbor to Fairview Trees Along Parkway - MacArthur, Santa Ana River to Fairview Trees Along Parkway - Harbor, Sunflower to Warner Street Widening - Warner, Harbor to Fairview Street Widening - Harbor, MacArthur to Segerstrom Street Widening - Segerstrom, Susan to Fairview Street Widening - MacArthur, Harbor to Susan Street Widening - Fairview, Harvard to Edinger Intersection Signalization - MacArthur at Raitt Intersection Signalization - MacArthur at Susan Intersection Signalization - Sunflower at Susan Intersection Signalization - Edinger at Mohawk Intersection Signalization - Harbor at Gary Renovation of Park Facilities; Construction of a Recreation/Community Center and Play Area - Thornton Park Renovation of Park Facilities; Construction of Recreational/Community Services Building and Fire Training Facility; Construction of Softball and Soccer Fields - Centennial Regional Park Renovation of Ballfield and Existing Facilities - Jerome Park Ballfield Renovation - Windsor Park Renovation of Ballfield and Existing Facilities - Adams Park Site Development - Griset Park