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HomeMy WebLinkAbout1997-07-08 - AGENDA REPORTS - NEWHALL REDEVELOPMENT PROJECT (2)AGENDA REPO City Item �u uo yicacubcu uy. Ken Pulskamp UNFINISHED BUSINESS DATE: July 8; 1997 SUBJECT: ORDINANCE NO. 97-12 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA APPROVING AND ADOPTING THE REDEVELOPMENT PLAN FOR THE NEWHALL REDEVELOPMENT PROJECT DEPARTMENT: Newhall Redevelopment Agency BACKGROUND At the meeting of July 1, 1997, the Redevelopment Agency and City Council adopted resolutions certifying the adequacy of the Environmental Impact Report prepared for the Newhall Redevelopment Project. The City Council adopted Resolution No. 97-92 approving and adopting written responses to the written objections received on the Newhall Redevelopment Project. Ordinance No. 97-12 was also introduced at the meeting and the Council passed it on to second reading. RECOMMENDATION City Council waive further reading and adopt Ordinance No. 97-12 approving and adopting the Redevelopment Plan for the Newhall Redevelopment Project. GAC:GEA: ..M\.090899.1 Adopted • ORDINANCE NO. 97-12 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA APPROVING AND ADOPTING THE REDEVELOPMENT PLAN FOR THE NEWHALL REDEVELOPMENT PROJECT WHEREAS, The City Council has received from the City of Santa Clarita Redevelopment Agency (the "Agency") the proposed Redevelopment Plan for the Newhall Redevelopment Project (the "Redevelopment Plan"), together with the report of the Agency prepared pursuant to Section 33352 of the California Health and Safety Code (the "Report to City Council") including, among other things, a discussion of the reasons for the Redevelopment Plan, a method for the relocation of those who may be temporarily or permanently displaced under the Redevelopment Plan, the report and recommendations of the Planning Commission of the City of Santa Clarita (the "Planning Commission"), the minutes of consultations with affected taxing agencies, the Environmental Impact Report on the Redevelopment Plan, and an implementation plan; and WHEREAS, the Planning Commission has submitted to the City Council of the City of Santa Clarita its report and recommendations for approval of the Redevelopment Plan, and its certification that the Redevelopment Plan conforms to the Santa Clarita General Plan; and WHEREAS, the City Council and the Agency held a joint public hearing on June 24, 1997, concerning the adoption of the Redevelopment Plan and the certification of the Final Environmental Impact Report on the Redevelopment Plan; and WHEREAS, notice of the hearing was duly and regularly published in a newspaper of general circulation in the City of Santa Clarita in accordance with Sections 33349 et seq. of the California Health and Safety Code (the."CRL"), and a copy of said notice and affidavit of publication are on file with the City Clerk of the City of Santa Clarita and Secretary of the Agency, and WHEREAS, copies of the notice of joint public hearing, along with a statement that properties will be subject to acquisition by condemnation under the provisions of the Redevelopment Plan, except for the limitation on acquisition of residential property set forth in the Redevelopment Plan, were mailed by first class mail to each resident, to each business, and the last known address of each assessee, as shown on the last equalized assessment roll of the Los Angeles County Assessor, of each parcel of land in the Project Area; 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 that receives taxes from property in the Project Area; and WHEREAS, the City Council has considered the report and recommendations of the Newhall Redevelopment Committee, the Planning Commission, the report of the Agency, the Redevelopment Plan and its economic feasibility, 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 the Redevelopment Plan; and WHEREAS, the Agency and the City Council have reviewed and considered the Final Environmental Impact Report for the Redevelopment Plan, prepared and submitted pursuant to Public Resources Code Section 21151 and Health & Safety Code Section 33352, and have adopted findings and a mitigation monitoring program and have certified the completion of said Environmental Impact Report prior to adoption of this Ordinance. NOW, THEREFORE, THE SANTA CLARITA CITY COUNCIL DOES HEREBY FIND, DETERMINE AND ORDAIN AS FOLLOWS: Section 1: The overriding objective of this Plan is to eliminate or alleviate blighting conditions by providing needed public improvements, assistance for the development and rehabilitation of existing properties, the provision of low- and moderate -income housing and other activities authorized by the CRL. In doing such, the Agency intends to mitigate the effects of deteriorated structures, inadequate or obsolete design, irregularly shaped and inadequately sized lots, declining property values, inadequate public improvements, and economic maladjustment in the Project Area. In eliminating these blighting conditions, the Redevelopment Plan will facilitate development as contemplated in the City of Santa Clarita General Plan. The redevelopment goals for the Project Area include the following strategies and objectives, from the Downtown Newhall Improvement Program, April 1996 (the "Freedman Plan"). These include, but are not limited to: (a) Expand.the convenience and comparison/specialty economic niches. (b) Create an attractive Main Street environment on San Fernando Road to attract new shoppers and businesses. (c) Create an attractive, memorable image that expresses Newhalrs history and character. (d) Establish programs to promote private sector investment. (e) Enhance the role of Newhall as a community center. (f) Maintain and capitalize on the visibility and access associated with through traffic. (g) Improve the parking supply. (h) Pursue opportunities for special facilities that attract a wide visitor base. In addition to the foregoing, the Agency expects to pursue the following additional objectives in the Project Area: Eliminate blighting conditions and prevents the acceleration of blight in and about the Project Area. Develop programs and incentives for the rehabilitation of old, obsolescent, and deteriorating structures in the Project Area. Promote the comprehensive planning, redesign, replanning, reconstruction and/or rehabilitation in such a manner as to achieve a higher and better utilization of the land within the Project Area. • Use redevelopment authority to promote development that is consistent with the General Plan and the Zoning Ordinance. • Promote the design and construction of a more efficient and effective circulation system. • Provide for adequate parcels and required public improvements to induce new construction and/or rehabilitation by private enterprise. • Promote the rehabilitation of existing housing units now affordable to persons and families of low- and moderate -income, and promote the construction of replacement housing units where existing units cannot be feasibly be rehabilitated. • Promote the development of new and diverse employment opportunities. • Consolidate parcels as needed to induce new or expanded, centralized, commercial development in the Project Area. • Upgrade the physical appearance of the Project Area. • Remove economic impediments to land assembly and in -fill development in areas that are not properly subdivided for development or redevelopment. • Encourage the phasing -out of incompatible, and/or non -conforming land uses from the Project Area. • Mitigate potential relocation impacts resulting from changes in Project Area land use from non -conforming and dilapidated uses to development in conformance with the General Plan, and the Zoning Ordinance. • Provide replacement housing as required by law when dwellings housing low- or moderate -income persons or families are lost to the low- or moderate -income housing market. • Encourage the cooperation and participation of Project Area property owners, public agencies and community organizations in the elimination of blighting conditions and the promotion of new or improved development in the Project Area. • Provide a procedural and financial mechanism by which the Agency can assist, complement and coordinate public and private development, redevelopment, revitalization and enhancement of the community. Section : The City Council hereby finds and determines that: (a) The Project Area is a blighted area, the redevelopment of which is necessary to effectuate the public purposes declared in the CRL. The combinations of conditions. set forth in Section 33031. of the CRL is so prevalent and so substantial that it causes a 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. While not every building, improvement and parcel in the Project Area is detrimental to public health, safety and welfare, such detrimental conditions predominate and injuriously affect the entire area. In addition, the inclusion of each portion of the Project Area is necessary for effective redevelopment of the entire area. (b) This finding is based upon the research and facts contained in the Report to City Council, on the testimony presented at the joint public hearing of the Redevelopment Agency and the City Council held June 24, 1997, and upon other relevant portions of the record before the City Council. All credible evidence presented to the City Council discloses that the Project Area is characterized by pervasive physical deterioration, economic stagnation, and social impairment. While other areas of the community are rapidly developing, the Project Area remains highly underutilized and poorly maintained, reflecting a lack of upkeep and new investment. Service businesses needed by residents of the area are leaving or have already gone from the Project Area, taking with them needed.jobs and transforming what was once a proud community center into an eyesore. Because of the barriers to investment having to do with market demographics and physical and economic impairment, private investment is not being attracted the Project Area to any degree necessary to reverse or alleviate the blighted conditions. Nor can the City with its limited revenues or any other.government program provide the tens of millions of dollars needed to improve the area and restore economic vitality. Only redevelopment and the tax increment it creates can provide the supplemental funding necessary to reverse the decline. (c) The Project Area is a predominately urbanized area pursuant to Section 33320.1 of the Community Redevelopment Law. This finding is based in part on the research and facts contained in the Report to City Council. (d) The Redevelopment Plan will redevelop the Project Area in conformity with the Community Redevelopment Law and in the interests of the public peace, health, safety and welfare. This finding is based in part upon the fact that redevelopment of the Project 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, reconstruction or rehabilitation of properties which need improvement, and providing for higher economic utilization of potentially useful land. (e) The adoption and carrying out of the Redevelopment Plan is economically sound and feasible. This finding is based in part 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 the economic soundness and feasibility of the Redevelopment Plan and undertakings pursuant thereto. Although resources may not be sufficient to pay for all contemplated improvements and programs, the Agency has defined (and will refine from time to time) an implementation plan prioritizing expenditures which will help to insure that available resources are targeted to the projects and activities deemed most essential to revitalization of the Project Area. (f) The Redevelopment Plan conforms to the General Plan of the City of Santa Clarita, including, but not limited to, the Housing Element thereof. This finding is based in part on the fact that the Redevelopment Plan incorporates by reference the General Plan land use designations, as amended from time to time. The Planning Commission of the City of Santa Clarita found that the Redevelopment Plan conforms to the General Plan General Plan of the City of Santa Clarita. (g) The carrying out of the Redevelopment Plan will promote the public peace, health, safety and welfare of the City of Santa Clarita 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 Area and the community by correcting conditions of blight and by coordinating public and private actions to stimulate development, contribute toward needed public improvements and improve the economic, and physical conditions of the Project Area and the community. (h) The limited condemnation of real property to the extent 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 tobeacquired as provided by law. This finding is based in part upon the need to assemble sites for development which will result in new economic activity in the Project Area and to prevent the recurrence of blight. (i) The Agency has a feasible method for the relocation of any persons and families displaced from the Project Area. The City Council and the Agency recognize that the provisions of Sections 7260 to 7276 of the California Government Code would be applicable to any relocation that would occur due to the implementation by the Agency of the Redevelopment Plan. The City Council finds and determines that the provision of relocation assistance according to law constitutes a feasible method for relocation. Displacement of persons and families has been minimized by the Redevelopment Plan restriction on acquisition of residential property by eminent domain. No project public improvements are proposed that would displace a substantial number of low- or moderate -income persons. 0) There shall be 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 any 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 the displaced families and persons, and reasonably accessible to their places of employment. Families and persons shall not be displaced prior to the adoption of a relocation plan pursuant to Health and Safety Code Sections 33411 and 33411.1. 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 Health and Safety Code Sections 33334.5, 33413, and 33413.5. This finding is based upon the Draft Relocation Method for the Redevelopment Agency, which was adopted pursuant to Redevelopment Agency Resolution RDA 97-7, and the Housing Element of the General Plan. (k) All 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 the Project Area pursuant to Section 33670 of the Community Redevelopment Law without other substantial justification for their inclusion. This finding, is based in part upon the fact that, following careful study documented in the Report to City Council, the Project Area was identified as an area within the City of Santa Clarita suffering conditions of blight and physical, social, and economic deterioration. (1) Inclusion of any land, 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 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 in part upon the fact that the boundaries of the Project Area were specifically drawn to include only those lands that were underutilized because of blighting influences, or to include land affected by the existence of blighting influences or land uses significantly contributing to the conditions of blight, or to include land that is necessary for effective redevelopment, which inclusion is necessary to accomplish the objectives and benefits of the Redevelopment Plan. (m) The elimination of blight and the redevelopment of the Project Area would not reasonably be expected to be accomplished by private enterprise acting alone without the aid and assistance of the Agency. This finding is based in part upon the continued existence of blighting influences including, without limitation, the demonstrated lack of private sector interest in redeveloping properties in the Project Area, structural deficiencies and other indications of blight more fully enumerated in the Agency's Report to City Council, and the infeasibility due to cost of requiring individuals (by means of assessments or otherwise) to eradicate or significantly alleviate existing deficiencies in properties and facilities and the inability and. inadequacy of other governmental programs and financing mechanisms to eliminate the blighting conditions. (n) The Redevelopment Plan contains adequate safeguards so that the work of redevelopment will be carried out pursuant to the Redevelopment Plan, and it provides for the retention of controls and the establishment of restrictions and covenants running with the land sold or leased for private use for periods of time and under conditions specified in the Redevelopment Plan, which the City Council deems necessary to effectuate the purposes of the Community Redevelopment Law. (o) The time limitations and financial limitations established for the Project Area are reasonably related to the projects proposed in the Redevelopment Plan and to the ability of the Agency to eliminate blight within the Project Area. The plan limits are selected to maximize resources as permitted by law, in light of the large cost of projects and programs needed to address blighted conditions in the Project Area. Section 3: The City Council is satisfied that permanent housing facilities will be available within three (3) years from the time occupants of the Project 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 Santa Clarita at the time of their displacement. Not less than 20 percent of the Redevelopment Agency�s tax increment revenue will be set aside and earmarked exclusively for improving, increasing and preserving the community's supply of housing affordable to persons and families of low- and moderate -income. These funds would be available if necessary to pay for temporary and permanent replacement housing. Section 4: The City Council has considered written objections, if any, to the Redevelopment Plan and all evidence and testimony for and against the adoption of the Redevelopment Plan. All written objections, if any, have been considered and responded to the full satisfaction of the City Council. Section b: That certain document entitled "Redevelopment Plan for The Newhall Redevelopment Project," the 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 Santa Clarita, having been duly reviewed and considered, is hereby incorporated in this Ordinance by reference and made a part hereof. The Redevelopment Plan is hereby designated, approved and adopted as the official "Redevelopment Plan for The Newhall Redevelopment Project." Section 6 In order to implement and facilitate the effectuation of the Redevelopment Plan as hereby approved, and to express its purposes and intents with respect to the Project Area, the City Council hereby: (a) Pledges its cooperation in helping to carry out the Redevelopment Plan, and including, but not limited to, the objectives, goals and implementation described in Section 1 of this Ordinance, (b) Requests the various officials, departments, boards and agencies of the City of Santa Clarita 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 the redevelopment of the Project Area, (c) Stands ready to consider and take appropriate action upon proposals and measures designed to effectuate the Redevelopment Plan, including loaning funds to the Agency to pay for startup and administrative costs pending receipt of tax increment by the Agency, and (d) Declares its intention to undertake and complete any proceeding necessary to be carried out by the City of Santa Clarita under the provisions of the Redevelopment Plan. Section 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 the Redevelopment Plan. Section : The City Clerk is hereby directed to record with the County Recorder of Los Angeles County a description of the land within the Project Area and a statement that proceedings for the redevelopment of the Project Area have been instituted under the Community Redevelopment Law. Section : The City Clerk is hereby directed to transmit a copy of the description and statement to be recorded by the County Clerk pursuant to Section 8 of this Ordinance, a copy of this Ordinance and a map or plat indicating the boundaries of the Project Area, to the auditor and tax assessor of Los Angeles County, to the governing body of each of the taxing agencies which receives taxes from property in the Project Area, and to the State Board of Equalization. Section 10: The Building Division of the City of Santa Clarita 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 I 1:'Ihe City Council hereby elects to receive from the Agency the amount of tax increment authorized -to be paid to the City pursuant to Health and Safety Code Section 33607.5(b) in any year in which the Agency receives tax increment pursuant to Health and Safety Code Section 33670. Section 12: This Ordinance shall be in full force and effect thirty (30) days from and after the date of final passage. Section 13: If any part of this Ordinance or the Redevelopment Plan which it approves is held to be invalid for any reason, such decision shall not affect the validity of the remaining portion of this Ordinance or of the Redevelopment Plan, or the Redevelopment Plan as it existed prior to adoption of this Ordinance, and the City Council hereby declares it would have passed the remainder of this Ordinance or approved the remainder of the Redevelopment Plan if such invalid portion thereof had been deleted. Section 14: This Ordinance shall be introduced at least five (5) days prior to the City Council meeting at which this Ordinance is to be adopted. Within fifteen (15) days after the adoption hereof, the City Clerk shall certify to the adoption of this ordinance and cause it to be posted in at least three (3) public places within the City. PASSED AND APPROVED this day of '19—. MAYOR ATTEST: CITY CLERK STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) § CITY OF SANTA CLARITA ) I, Sharon L. Dawson, CMC, City Clerk of the City of Santa Clarita, do hereby certify that the foregoing Ordinance No. was regularly introduced and placed upon its first reading at a regular meeting of the City Council on the day of , 19 . That thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council on the day of 19 by the following vote, to wit: AYES: COUNCILMEMBERS NOES: COUNCILMEMBERS ABSENT: COUNCILMEMBERS CITY CLERK nwh1ydv%cc97.13.ard JUN -25-97 THU 11;30 GRO REDEVELOPMENT FAX NO. 909+396+0572 Attachment A Recommended Changes to Newhall Redevelopment Plan Documents Changes to the Redevelopment Plan: 1. Delete the following 14 assessor's parcels from the Project Area. See the attached map. The deletion of these parcels is part of the agreement with the Castaic Lake Water Agency. If the City Council decides to remove these parcels, then the Redevelopment Plan's legal description will be changed accordingly prior to the final approval of the ordinance on July 8, 1997. 2825-11-015 2825-11-016 2825-11-017 2825-11-018 2825-12-007 2825-12-009 2825-12-010 282542-900 2856-11-207 2856-11-208 2856-11-209 2856-11-210 2856-11-211 2856-11-212 2. Change objective 20 on Redevelopment Plan page 96 to read as follows: "Encourage the phasing -out of incompatible, and/or non -conforming land uses from the Project Area." 3. Insert the following language at the end of Redevelopment Plan Section 510. "The Agency shall make from tax increment funds all payments authorized to the Castaic Lake Water Agency pursuant to CRL Section 33607.8." 4. Change Section 330, page 18, to include a new item (iii). This new language is to address.concerns various downtown Newhall businesses had regarding relocation of automotive businesses. "The following provisions relative to the relocation of persons, families and businesses are required by the CRL. The Plan does not: (i) contain authority for the Agency to acquire by eminent domain any property on which persons reside; or (ii) contain any public projects that will displace a substantial number of low- or moderate -income persons. (ii0include the recommendation that existing automotive businesses in the downtown Newhall area be relocated, including, but not limited to,. that Page —1 JUN -25-97 THU 11:31 GRO REDEVELOPMENT FAX NO. 909+396+0572 P.03 recommendation as it is described and found in the Downtown Newhall Improvement Program, April 1996 (the Freedman Plan)." Changes to the Relocation Method 1. Include a definition for non -conforming use, to specify that a non -conforming use is one that is neither principally nor conditionally permitted in the applicable zone. 2. Change the last paragraph of Section 2.2 of the Relocation Method to delete both occurrences of the words "... the unincorporated portions of...." This was a typographical error. 3. Change Section 6.4, to increase the time limit for filing reimbursement claims for relocation or displacement payments from six months to eighteen months. This was a change requested by several members of the Newhall business community. Changes to the Owner Participation Rules 1. Change the definition of a business to include not-for-profit corporations and sole proprietorships. 2. Include a definition for non -conforming use, to specify that a non -conforming use is one that is neither principally nor conditionally permitted in the applicable zone. 3. Change the definition of a tenant to specifically include a business. Changes to the Report to City Council Change the first bullet on Page 199 to read as follows: Encourage the phasing out of incompatible, and/or non -Conforming land uses from the Project Area. This change is to maintain consistency with the changes to the objectives in the Redevelopment Plan. Page — 2 DELETION AREA MAP Santa (ladta Redevelopment Agency NEWHALL REDEVELOPMENT PROJECT � Project Area Boundary Parcels Proposed to be Removed from Project Area Remaining Project Area Nom 0 1060 2100 31WFEET f.VroleclsLsanclatlgrephimVevisecNdelarea2.cdr p> pP SEE JUN -25-97 THU 9:52 GRC REDEVELOPMENT FAX N0, 909+396+0572 P.07 of Santa Clarita Redevelopment Agency 8) Pursue opportunities for special facilities that attract a wide visitor base, In addition to the foregoing, the Agency expects to pursue the following additional objectives in the Project Area: 9) Eliminate blighting conditions and prevent the acceleration of blight in and about the Project Area. 10) Develop programs and incentives for the rehabilitation of old, obsolescent, and deteriorating structures in the Project Area, 11) Promote the comprehensive planning, redesign, replanning, reconstruction and/or rehabilitation in such a manner as to achieve a higher and better utilization of the land within the Project Area. 12) Use redevelopment authority to promote development that is consistent with the General Plan and the Zoning Ordinance. 13) Promote the design and construction of a more efficient and effective circulation system. 14) Provide for adequate parcels and required public improvements to induce new construction and/or rehabilitation by private enterprise. 15) Promote the rehabilitation of existing housing units now affordable to persons and families of low- and moderate - income, and promote the construction of replacement housing units where existing units cannot be feasibly be rehabilitated. 16) Promote the development of new and diverse employment opportunities. 17) Consolidate parcels as needed to induce new or expanded, centralized, commercial development in the Project Area. 18) Upgrade the physical appearance of the Project Area. 19) Remove economic impediments to land assembly and in -fill development in areas that are not properly subdivided for development or redevelopment. 20) Fdin4n4e Encourage the phasing out of incompatible, andfor non -conforming land uses from the Project Area. 21) Mitigate potential relocation impacts resulting from changes in Project Area land use from non -conforming and dilapidated uses to development in conformance with the General Plan, and the Zoning Ordinance. MC 6 JUN-25-97THU 9:52 GRO REDEVELOPMENT FAX NO. 909+396+0572 P.08 City of Santa Clarha Redevelopment Agency beyond a reasonable period of time necessary to effect such resale. D. 0330) RELOCATION OF PERSONS, FAMILIES AND BUSINESSES The following provisions relative to the relocation of persons, families and businesses are required by the CRL. The Plan does not; (i) contain authority for the Agency to acquire by eminent domain any property on which persons reside; or (ii) contain any public projects that will displace a substantial number of low- or moderate -income persons. (iWinclude the recommendation that existing automotive businesses in the downtown Newhall area be relocated, including, but not.limited to, that recommendation as it is described and found in the Downtown Newhall Improvement Program, April 1996 (the Freedman Plan)." 1. 0331) RELOCATION ASSISTANCE Relocation advisory assistance will be furnished by the Agency to any person (either owners or renters) or business concern that isdisplaced by the Agency in connection with the implementation of the Plan. No person of low- or moderate -income will be required by the Agency to move from his or her dwelling unit until there is a suitable housing unit available and ready for occupancy by such displaced person or family at rents comparable to those at the time of their displacement. Replacement housing shall be available in areas not generally less desirable with regard to public utilities, public and commercial facilities, and reasonably accessible to the place of employment. 2. 0332) RELOCATION METHOD The Agency shall prepare a feasible method for relocation of all of the following: 1) Families and persons to be temporarily or permanently displaced from housing facilities in the Project Area. 2) Nonprofit local community institutions to be temporarily or permanently displaced from facilities actually used for institutional purposes in the Project Area. GRCI18 JUN -25-97 THU 9:53 GRG REDEVELOPMENT FAX NO. 909+396+0572 P l' Draft Redevelopment Plan for the Newhall Redevelopment Project bonded indebtedness approved by the voters of said taxing agency or agencies on or after January 1, 1989. 4) That portion of tax revenues allocated to the Agency pursuant to paragraph (2) above which is attributable to increases in the rate of tax imposed for the benefit of any affected taxing agency whose levy occurs after the tax year in which the ordinance adopting this Plan becomes effective, shall be allocated to such affected taxing agency to the extent the affected taxing agency has elected in the manner required by law to receive such allocation. Any advanced moneys are hereby irrevocably pledged for the payment of the principal of and interest on the advance of moneys, or making of loans, or the incurring of any indebtedness (whether funded, refunded, assumed, or otherwise) by the Agency to finance or refinance the Project in whole or in part. The Agency is authorized to make such pledges as to specific advances, loans and indebtedness as appropriate in carrying out the Project. Taxes shall be allocated and paid to the Agency consistent with the provisions of this Plan only to pay the principal of and interest on loans, moneys advanced to, or indebtedness (whether funded, refunded, assumed or otherwise) incurred by the Agency to finance or refinance, in whole or in part, the Project, The Agency shall make payments to affected taxing agencies as required by CRL Section 33607.5 and may make other payments to affected taxing agencies as authorized by the CRL. The Agency shall make from tax increment funds all payments authorized to the Castaic Lake Water Agency pursuant to CRL Section 33607,8, C. (§520) ISSUANCE OF BONDS AND NOTES The Agency may issue bonds or notes when a determination has been made that such financing is required and feasible. Such bonds or notes shall be issued only after the Agency has determined that funds are, or will be, available to repay or refinance principal and interest -when due and payable. GPCI35 Newhall Redevelopment Project Moving Expense - means the cost of dismantling, disconnecting, crating, loading, insuring, temporary storage, transporting, unloading and reinstalling of personal property, including service charges in connection with effecting such reinstallations, and necessary temporary lodging and transportation of eligible persons. Non -Conforming Use - means, for the purposes of this document, a use not principally or conditionally permitted by the applicable zoning designation. Nonprofit Organization - means an organization that. is incorporated under the applicable laws of the State or non- profit organization and is exempt from paying Federal income taxes under Section 501 of the Internal Revenue Code (26 U.S. 501). Owner - person "owns a dwelling" if he or she: 1. Holds fee title, a life estate, a land contract, a 99 -year lease or a lease including any option for extension with. at least 50 years to run from date of acquisition of the property for the Project. 2. Holds an interest in a cooperative housing project, which includes the rights of occupancy of a dwelling unit therein. 3. Is the contract purchaser of any of the foregoing estates or interests. 4. Has a leasehold interest with an option to purchase. 5. Owns a mobile unit, which, under state law, is determined to be real property; not. personal property. Person - means any individual, partnership, corporation or association. Persons and Families of Low- and Moderate -Income - means persons and families falling within the definition of said term as set forth in Section 50093 of the CRL. Personal Property - tangible, personal property means tangible property which is situated on the real property vacated, or to be vacated, by a displaced person and which is considered personal property and is noncompensable (other than for moving expenses) under the state law of eminent domain, and in the case of a tenant, fixtures and equipment and other property which may be characterized as real property under state or local law, but which the tenant may lawfully, and at his or her election, determines to move and for GRC 7 Newhall Redevelopment Project encourage relocation of families and persons into other neighborhoods in the City of Santa Clarita without interfering with the displacee's option to select a replacement house of his or her choice, whether that choice is within or outside the City of Santa Clarita. 2.3 Functions of the Relocation Program The functions of the Agency's relocation program shall include the following: 1. Interpret the Agency's program to all site occupants and the general public to enlist their understanding and support, and to answer questions about the Project and its effect upon Project site occupants. 2. Recognize at an early stage the problems associated with the displacement of individuals, families, businesses, and farm operations and provide for the resolution of these problems in order to minimize adverse impacts on displaced persons and to expedite project completion. 3. Determine and make timely recommendations on the relocation needs and preferences of all site occupants, and to keep each informed of their rights and responsibilities under the redevelopment program, as well as to apprise them of the relocation resources, special services and aids to which they are entitled. 4. Enlist the cooperation of real estate agents, home builders, property management firms, social service agencies, civic groups and others in locating suitable relocation accommodations for displacees, and to provide other services deemed essential for the successful relocation of site occupants. 5. Locate, inspect and evaluate or stimulate the development of housing facilities to meet the needs of all site occupants and refer and otherwise assist site occupants to secure housing which they require. 6. Secure priority consideration for persons eligible for and desiring public housing or any other housing.to which displacees are entitled as a result of Agency redevelopment activities, and take other appropriate steps as necessary to expedite their placement into such housing. 7. Advise and assist affected owners and site occupants in understanding and utilizing the `owner and tenant participation" opportunities provided for in the GRC ii 6.3 DAM 6.5 Newhall Redevelopment Project settlement costs and related charges incurred in the sale of property to the Agency. Eligibility for payments will be based upon the provisions of pertinent sections of the State of California Government Code and applicable State regulations. Restrictions on Payment of Relocation Claim Site occupants who fail to pay rent or who remove, without authorization; fixtures or other items purchased by the Agency, may forfeit their right to all or a portion of the relocation payment. Time for Filing Claims All claims for relocation payments or business displacement payments must be submitted to the Agency. within six (6) eighteen (18) months after the. displacement of the claimant, except that a claim for a replacement housing payment for a homeowner must be submitted within eighteen (18) months after the displacement of the owner. To the extent that funds are available, persons and families of low and moderate income are entitled to additional payments if their rent, within one year after the rehabilitation of the dwelling unit is completed, is increased to an amount exceeding 25% of the household gross income or such greater percentage as may be permitted by law. Payment Amounts Eligible families and individuals will be given the option to claim one of the following: 1. Reimbursement of their actual and reasonable moving expenses and/or eligible storage costs. 2. A moving expense and dislocation allowance based on a schedule established by the head of the Lead Agency. In addition, homeowners may be entitled to receive a replacement housing payment up to and not to exceed $22,500 when purchasing a replacement dwelling, and tenants, including such tenants electing to purchase, and owners electing to rent a replacement dwelling, may be entitled to receive a payment up to and not to exceed $5,250 toward the rental or purchase of a comparable replacement dwelling. GRC 29 Newhall Redevelopment Project 2.0 DEFINITIONS Agency - means the Redevelopment Agency of the City of Santa Clarita. Business - means any person, persons, for-profit or not-for-profit corporation; association, partnership, sole proprietorship, or other entity engaged in business within the Project Area on the date of, or subsequent to, adoption of the Redevelopment Plan by. the City Council. CRL - Section 33000 et seq. of the California Health and Safety Code. (the "Community Redevelopment Law") Executive Director - means the Executive Director of the City of Santa Clarita Redevelopment Agency, or a designee. Non -Conforming Use - means, for the purposes of this document, a use not principally or conditionally permitted by the applicable zoning designation. Owner - means any person, persons, corporation, association, partnership, or other entity holding title of record to real property in the Project Area on the date of, or subsequent to adoption of the original Redevelopment Plan by the City Council. Owner Participation Rules - means this document. Participation Agreement - meansan agreement entered into between the Agency and an owner, business or tenant living or operating within the Project Area in accordance with the provisions of the Redevelopment Plan and the rules as designated herein. Project Area - .means the Project Area, as described in the Redevelopment Plan. Draft CT 3 City of Santa Clarita Redevelopment Agency Redevelopment Plan - means the document entitled "Draft Redevelopment Plan for Newhall Redevelopment Project", as will be transmitted to the Agency; provided that, in the event the Agency completes proceedings to adopt the Redevelopment Plan for the Project Area, the Redevelopment Plan as so approved shall thereupon replace the draft Redevelopment Plan as the Redevelopment Plan for the Project Area for the purposes of these Owner Participation.Rules, unless otherwise expressly set forth herein, as the City Council shall elect to approve. Statement of Interest, and Statement of Interest to Participate - means Exhibit "A" hereto, which is incorporated herein by reference. Tenant - means any person, persons, corporation, association, business, partnership or other entity that rents or leases real property on the date of, or subsequent to, adoption of the original Redevelopment Plan by the Council. City - means the City of Santa Clarita, California. City Council - means the Council of the City of Santa. Clarita, California. GDC I Draft 4 Report to City Council - Newhall Redevelopment projed properly subdivided for development or redevelopment. • Eliminate Encourage the phasing out of incompatible, non -conforming land uses from the Project Area. • Buffer residential neighborhoods from the intrusion of incompatible land uses and noise. • Mitigate potential relocation impacts resulting from changes in Project Area land use from non- conforming and dilapidated uses to development in conformance with the General Plan, and the Zoning Ordinance. • Provide replacement housing as required. by law when dwellings housing low- or moderate -income persons or families are lost to the low- or. moderate - income housing market. • Provide relocation assistance to displacees-in order to mitigate possible hardships due to relocation activities. • Provide a broad range of public service infrastructure improvements to induce. private investment.in the Project Area. Such improvements could include the construction or reconstruction of roads, streets, curbs and gutters, sidewalks; the upgrading of streetside landscaping; the construction and reconstruction of water 'storage and distribution facilities; the construction and reconstruction of sewerage systems; and the development of drainage and flood control facilities. Provide new or improved community facilities such as fire stations, schools, parkand recreational facilities. Encourage the cooperation and participation of Project.Area property owners, public agencies and community organizations in the elimination of blighting conditions and the promotion of new or improved development in the Project Area. Provide a procedural and financial mechanism by which the Agency can assist, complement and coordinate public and private development, redevelopment, revitalization and enhancement of the community. JEFFREY A. HACKER, Attorney and Counselor at Lala A Professional Corporation ,`23920 West Valencia Boulevard /Suite 205 /Valencia, California 91355-2175 / FAX (805) 259-6836 / (805) 259-6800 RECEIVED J U L 0 7 1997 COMMUNITY DEVELOPMENT CITY OF SANTA CLARITA t- j rJ Mr. Ken Pulskamp, Assistant Mr. Greg Adammeck, Associate The City of Santa Clarita 23920 W. Valencia. Boulevard Via Personal Delivery July 07, 1997 City Manager Planner, Community Development Third Floor Santa Clarita, California.91355 re: Newhall Redevelopment Project My Client - HKR Restaurants, Inc. (Burger King Franchisee located at I-5 and Lyons Avenue.) Gentlemen: As you know, my client has previously registered its comments regarding the proposed Redevelopment Project. My public comments are now part of the record. Notwithstanding my public comments, I wish this letter be appendixed to the public record clarifying my and my client's position. HKR Restaurants, Inc. and its franchisor, Burger King Corporation, hereby register their opposition to the inclusion of the franchise as a part of the Newhall Redevelopment Project. We object 'to the creation of an island of "blight" in west Newhall consisting of only three properties on the south side of Lyons Avenue. These properties are our franchise, the adjacent Arco station, and the adjoining shopping center, Valencia Plaza. The north side properties are not included within the Project (hereinafter "island"). Additionally, there are no other properties located on Lyons Avenue for: approximately 1/2 - 1 mile which are included within the Project. We can only conclude there are specific reasons for the inclusion of our property as part of the definition of "blight" . However, we fail to understand the basis for the -inclusion of our franchise within the Project even after reading the Report to City Council for the Newhall Redevelopment Project. Neither our property or the properties of our business neighbors can seriously be Aenda item: 3-D Letter to Messrs Pulskamp and Adamick July 07, 1997 Page two considered to fall within the definition of blight even under the most expansive construction of that definition. Undoubtedly, other properties located within the Project must meet this criteria. Yet, none of these properties abut, adjoin, or are contiguous to this artificially created "island". We must respectfully request that Burger King be specifically excluded from the Newhall Redevelopment Project. We also must respectfully request a more detailed response from City staff than the one offered at the last public meeting explaining why Burger King falls within the definition of blight and has been included in the Newhall Redevelopment Project. Burger King and I strongly support the concept of redeveloping and revitalizing downtown Newhall. However, we fail to see any reasonable relationship between either the economic depression, blighted conditions or deterioration of downtown and the area where our franchise is located, adjacent to Interstate 5. This is especially true considering the appreciable distance between Burger King and downtown Newhall, a distance of approximately 1.5 miles. Burger King and myself prefer the community realize immediate benefits from the Redevelopment Project resulting from the speedy implementation of the Report. However, we strongly feel the Report and Project must delete the Burger King property from the Project Area. Burger King and myself would prefer to accomplish this deletion and modification without the necessity of judicial intervention. We look forward and encourage your response in that regard. Nothing herein shall be construed as a waiver of any of my clients' rights or remedies. V ry trulyft JEFFRE A. JAH/kls cc: clients JUL. -08' 911TUE1 16,11 CLW,4 TEL:8032971610 P. 002 CITY OF SART A CLARITA L AE TKI JUL 0 1157 Fill '97 July B, 1997 WATER' AGENCt Mr. Ken Pulskamp Assistant City Manager GEREerGRs City of Santa Clarita E.G. "JERRY" GLAOBACH 23920 Valencia Boulevard, Suite 300 WILLIAM J. MANETTA, JA. Santa Clarita, CA 91355-2196 JAMES L. GATES CONALO R. FROELICH Dear Ken, DEAN 0. EFSTATHIOU WILLIAM C. COOPER ' RICHARO M. GREEN This letter shall serve as -notice to the Santa Clarita ROBERT J. 1PAIM10 Redevelopment Agency that the Castaic Lake Water Agency RICHARD W. BALCERZAK withdraws its comments on the Draft Environmental Impact Report for the Newhall Redevelopment Project. The comments RANDALL 0. FFIEBTEA withdrawn are those contained in a letter dated June 9, 1997 MICHAEL A. KDTCH addressed to the City and signed by R. Bruce Tepper, Jr. of the Lfirm of Kane, Ballmer & Berkman, GENERAL MANAGER RDBERT C. SAGEHORN ATTORNEY ROBERT H. CLAAK Robert C. Sagehorn General Manager SECRETARY LINDA J. FLEMING Agenda Item: 3 P •A PUBLIC ACENCV PROVIOINO AEuASL!, QUALITY WATER AT A REASQNASLE COST TO THE SANTA CLARITA VALLEY' 97711 FIn7InIIFT r.ANVr1N anAn . gAAITA rl AOITA r.AI IrnaMlA GtOan . ARa 907.1ann FAY Anc OELNa.t