It is hereby found and declared, pursuant to Section 33101 of
the Community Redevelopment Law that there is a need for the Redevelopment
Agency created by Section 33100 of said law to function in the City
of Imperial Beach, and said Agency is hereby authorized to transact
business and exercise its powers under the Community Redevelopment
Law.
(Ord. 95-891 § 1)
Pursuant to the provisions of Section 33200 of the Community Redevelopment Law, this body hereby declares itself to be the Agency provided in Section
2.30.010 hereof and that all rights, powers, duties, privileges and immunities vested by the Community Redevelopment Law in such Agency shall be and are invested in this body.
(Ord. 95-891 § 2)
The purposes and intent of the City Council with respect to
the project are to accomplish the following:
A. The
revitalization of the Palm Avenue and 13th Street business corridor
through the rehabilitation of existing structures, the redevelopment
of opportunity sites and through business retention and attraction
programs.
B. Improve
the City's bayfront as a recreational area to serve both passive and
active recreational uses, visitors and as an asset for a healthy tourist
industry.
C. The
elimination and prevention of blight and deterioration; and the conservation,
rehabilitation and redevelopment of the project area in accord with
the General Plan, specific plans, the Redevelopment Plan and local
codes and ordinances.
D. The
achievement of an environment reflecting a high level of concern for
architectural, landscape, and urban design and land use principles
appropriate for attainment of the objectives of the Redevelopment
Plan.
E. The
provision for increased revenues to the City, including sales, business
license, and other fees, taxes and revenues to the City.
F. The
provision for tax increment to provide funds as necessary to finance
rehabilitation and development programs which cannot be accomplished
through existing publicly funded programs or by the private sector
acting alone to eliminate blighting influences in the project area.
G. The
encouragement of neighborhood serving commercial uses such as markets,
movie theaters, family recreation and general goods stores.
H. The
creation and development of local job opportunities and the preservation
of the area's existing employment base.
I. The
conservation and rehabilitation of urban reserve bay frontage.
J. The
elimination or amelioration of certain environmental deficiencies,
including substandard vehicular circulation systems; inadequate water,
sewer and storm drainage systems; insufficient off-street parking;
and other similar public improvements, facilities and utilities deficiencies
adversely affecting the project area.
K. The
encouragement of investment by the private sector in the redevelopment
of the project area by assisting in the alleviation of impediments
to such redevelopment.
L. The
elimination of blight through abatement or code compliance, reconstruction
and assembly of parcels into more developable sites for more compatible
uses.
M. The
expansion and upgrading of housing opportunities in the community
to eliminate blight and improve housing stock and standards for the
present population.
N. The
encouragement of participation of project area businesses, property
owners, and community organizations in the redevelopment of the project
area.
O. The
expansion and upgrading of public transportation facilities.
P. To attract
state, federal and other grants, loans and funds.
Q. To improve
the public view through the purchase and rehabilitation of private
facades and signage.
R. To develop
or construct various public facilities, including fire, law enforcement,
transportation, library, recreational or academic facilities as may
be beneficial to the public welfare or enjoyment.
(Ord. 96-901 § 1)
The City Council hereby finds and determines, based on the evidence
in the record, including, but not limited to, the Agency's Report
to the City Council on the proposed Redevelopment Plan for the Palm
Avenue/Commercial Redevelopment Project, and all documents referenced
therein, and evidence and testimony received at the joint public hearing
on adoption of the Redevelopment Plan held on January 17, 1996, that:
A. The
project 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 Section 33000 et seq.).
This finding is based on the existence of the following conditions
present in the project area that cause blight:
1. Buildings
in which it is unsafe or unhealthy for persons to live or work caused
by deterioration and dilapidation, building code violations, and faulty
or inadequate utilities and other similar factors; and
2. Factors
that prevent or substantially hinder the economically viable use or
capacity of buildings or lots including substandard design and other
factors; and
3. Adjacent
or nearby uses that are incompatible with each other; and
4. The
existence of subdivided lots of irregular form and shape and inadequate
size for proper usefulness and development that are in multiple ownership;
and
5. Depreciated
or stagnant property values indicated by declining land values, declining
retail sales tax revenues and impaired investments; and
6. Abnormally
low lease rates; and
7. High
crime rates.
These conditions combined are so prevalent and so substantial
that it causes a reduction of, or lack, of proper utilization of the
area to such an extent that it constitutes a serious physical and
economic burden on the community which cannot reasonably be expected
to be reversed or alleviated by private enterprise or governmental
action, or both, without redevelopment, requiring the use of 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 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 actions required to correct
the blighting conditions 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.
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B. The
project is predominantly urbanized as defined by subdivision (b) of
Section 33320.1 of the Community Redevelopment Law. This finding is
based upon the fact that no less than 80% of the property in the project
has been or is developed for urban uses, as demonstrated by the Agency's
report to City Council. In addition, as demonstrated by the Agency's
report to City Council, the project is an integral part of an area
developed for urban uses.
C. The
Redevelopment Plan will redevelop the project 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
the purposes of the Community Redevelopment Law would be attained
by the project: by eliminating areas suffering from economic dislocation
or disuse; by replanning, redesigning and/or revitalizing areas which
are stagnant or improperly utilized, and which could not be accomplished
by private enterprise acting alone without public participation and
assistance; by protecting and promoting sound development and redevelopment
of blighted areas; by improving the general welfare of the citizens
of the City by remedying such injurious conditions through appropriate
means; and by other appropriate activities.
D. The
adoption and carrying out of the Redevelopment Plan is economically
sound and feasible. This finding is based on the fact that under the
Redevelopment Plan, the Agency will be authorized to seek and utilize
a variety of po-tential financing resources, including property tax
increment; that the nature and timing of public redevelopment assistance
will depend on the amount and availability of such financing resources,
including tax increment, generated by new investment in the project;
that under the Redevelopment Plan, no public redevelopment activity
can be undertaken unless the Agency can demonstrate that it has adequate
revenue to finance the activity; and that the financing plan included
within the Agency's report to City Council demonstrates that sufficient
public and private financial resources will be available to carry
out the project.
E. The
Redevelopment Plan conforms to the General Plan of the City of Imperial
Beach, including, but not limited to, the housing element which substantially
complies with the requirements of Article 10.6 (commencing with Section
65580) of Chapter 3 of Division 1 of Title 7 of the
Government Code.
This finding is based on the finding of the Planning Commission of
the City of Imperial Beach that the Redevelopment Plan conforms to
the General Plan of the City of Imperial Beach.
F. The
carrying out of the Redevelopment Plan will promote the public peace,
health, safety and welfare of the City of Imperial Beach and will
effectuate the purposes and policies of the Community Redevelopment
Law. This finding is based on the fact that redevelopment will benefit
the project by correcting conditions of blight and by coordinating
public and private actions to stimulate development and improve the
economic and physical conditions of the project, and by increasing
employment opportunities within the City.
G. The
condemnation of real property, to the extent and limitations in the
Redevelopment Plan, is necessary to the execution of the Redevelopment
Plan, and adequate provisions have been made for the payment for property
to be acquired as provided by law. This finding is based upon the
need to ensure that the provisions of the Redevelopment Plan will
be carried out and to prevent the recurrence of blight, and the fact
that no property will be acquired until adequate funds are available
to pay full compensation therefor.
H. 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, 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 which meets the standards established
in state law and regulations.
I. There
are, or shall be provided, within the project 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, decent, safe and sanitary dwellings equal in number to the
number of and available to such displaced families and persons and
reasonable accessible to their places of employment. This finding
is base 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 which meets the standards established in state
law and regulations.
Families and persons shall not be displaced prior to the adoption
of a relocation plan pursuant to Sections 33411 and 33411.1 of the
Community Redevelopment Law. Dwelling units housing persons and families
of low or moderate income shall not be removed or destroyed prior
to the adoption of a replacement housing plan pursuant to Sections
33334.5, 33413, and 33413.5 of the Community Redevelopment Law. This
finding is made in accordance with Community Redevelopment Law and
on the fact that adequate and appropriate sites within the project
and other locations throughout the City are projected to be available
for replacement housing.
J. The
project does not include any non-contiguous areas. Inclusion 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 entire area of which they are a part, and any such area is
not included solely 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 all properties
within project boundaries were included because they were underutilized
because of blighting influences, or were affected by the existence
of blighting influences, or were necessary either to accomplish the
objectives and benefits of the Redevelopment Plan or because of the
need to impose uniform requirements on the project as a whole.
K. The
elimination of blight and the redevelopment of the project 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 substantial blighting conditions and influences,
and the inability of individual owners and developers to economically
remove these blighting conditions and influences without substantial
public assistance.
L. The
time limitations contained in the Redevelopment Plan are reasonably
related to the proposed projects to be implemented in the project
and to the ability of the Agency to eliminate blight within the project.
This finding is made based on the fact that the Redevelopment Plan
contains a debt establishment, a plan effectiveness, and a debt repayment
limit pursuant to Section 33333.2 of the Community Redevelopment Law,
and the Agency's Report to City Council adequately demonstrates this
relationship.
(Ord. 96-901 § 2)
The City Council is satisfied that permanent housing facilities
will be available within three years from the time residential occupants
of the project are displaced, and that pending the development of
such facilities, there will be available to any such displaced residential
occupants temporary housing facilities at rent comparable to those
in the City of Imperial Beach at the time of their displacement. No
persons or families of low and moderate income shall be displaced
from residences unless and until there is a suitable housing unit
available and ready for occupancy by such displaced persons or families
at rents comparable to those at the time of their displacement. Such
housing units shall be suitable to the needs of such displaced persons
or families and must be decent, safe, sanitary and otherwise standard
dwellings.
(Ord. 96-901 § 3)
Written objections to the Redevelopment Plan filed with the
City Clerk before the hour set for hearing and all written and oral
objections presented to the City Council at the hearing having been
considered and, in the case of written objections received from project
property owners and affected taxing agencies, having been responded
to in writing, are hereby overruled.
(Ord. 96-901 § 4)
That certain document entitled "Palm Avenue/Commercial Redevelopment
Plan Final Environmental Impact Report," a copy of which is on file
in the office of the Agency and in the office of the City Clerk, having
been duly reviewed and considered, is hereby incorporated into this
chapter by reference and made a part hereof. All activities undertaken
by the Agency, and/or the City of Imperial Beach pursuant to or in
implementation of the Redevelopment Plan shall be undertaken in accordance
with the mitigation measures and monitoring program set forth in said
Final EIR, and the Agency shall undertake such additional environmental
reviews as necessary at the time of implementation of such activities.
(Ord. 96-901 § 5)
That certain document entitled "Redevelopment Plan for the Palm
Avenue/Commercial Redevelopment Project," the map contained therein,
and such other reports as are incorporated therein by reference, copies
of which are on file in the office of the agency and the office of
the City Clerk, having been duly reviewed and considered, is incorporated
in this chapter by reference and made a part hereof, and as so incorporated
is designated, approved and adopted as the official "Redevelopment
Plan for the Palm Avenue/Commercial Redevelopment Project."
(Ord. 96-901 § 6)
In order to implement and facilitate the effectuation of the
Redevelopment Plan hereby approved, this City Council hereby: (A)
pledges its cooperation in helping to carry out the redevelopment
plan; (B) requests the various officials, departments, boards, and
agencies of the City having administrative responsibilities in the
project likewise to cooperate to such end and to exercise their respective
functions and powers in a manner consistent with redevelopment of
the project; (C) stands ready to consider and take appropriate action
upon proposals and measures designed to effectuate the Redevelopment
Plan; and (D) declares its intention to undertake and complete any
proceeding, including the expenditure of monies, necessary to be carried
out by the City under the provisions of the Redevelopment Plan.
(Ord. 96-901 § 7)