HomeMy WebLinkAboutNS-2745 - Describing the Community Redevelopment Agency's Eminent Domain Program for Santa Ana Central City Redevelopment Project
LES 5/29/07
ORDINANCE NO. NS-2745
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF SANTA ANA DESCRIBING THE COMMUNITY
REDEVELOPMENT AGENCY'S EMINENT DOMAIN
PROGRAM FOR THE SANTA ANA CENTRAL CITY
REDEVELOPMENT PROJECT
THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS
FOLLOWS:
Section 1. The City Council of the City of Santa Ana hereby finds, determines
and declares as follows:
A. On July 2, 1973, the City Council of the City of Santa Ana (the "City Council")
adopted Ordinance No. NS-1173, approving and adopting the Redevelopment Plan for
the Santa Ana Central City Redevelopment Project.
B. The Redevelopment Plan for the Santa Ana Central City Redevelopment
Project has been amended eight (8) times by the City Council, as follows (as amended,
the "Central City Redevelopment Plan"):
· on June 2, 1975, by Ordinance No. NS-1258 (the "first amendment");
· on December 1, 1986, by Ordinance No. NS-1877 (the "second
amendment");
· on October 3, 1994, by Ordinance No. NS-2234 (the "third amendment");
· on May 6, 1996, by Ordinance No. NS-2290 (the "fourth amendment");
· on August 2, 1999, by Ordinance No. NS-2396 (the "fifth amendment");
· on May 17, 2004, by Ordinance No. NS-2652 (the "sixth amendment");
· on September 20, 2004, by Ordinance No. NS-2663 (the "seventh
amendment"); and
· on May 16, 2005, by Ordinance No. NS-2685 (the "eighth amendment").
C. The Community Redevelopment Agency of the City of Santa Ana (the
"Agency") is designated as the official redevelopment agency to carry out in the City of
Santa Ana the functions and requirements of the California Community Redevelopment
Law (Health and Safety Code Section 33000 et seq.; "CRL").
D. Section 33342.7 of the CRL requires the City Council to adopt an ordinance
on or before July 1, 2007, that contains a description of the Agency's program to
acquire real property by eminent domain in connection with the Agency's
implementation of the Central City Redevelopment Plan.
Section 2. Description of the Aoency's Eminent Domain Prooram. Section
III.B.1. of the Central City Redevelopment Plan provides as follows:
Ordinance No. NS-2745
Page 1 of 3
"Except as specifically exempted herein, the Agency may acquire
but is not required to acquire, all real property located in the Project area,
by gift, devise, exchange, purchase, eminent domain, or any other lawful
method.
"It is in the public interest and is necessary in order to eliminate the
conditions requiring redevelopment and in order to execute the Plan, for
the power of eminent domain to be employed by the Agency to acquire
real property in the Project Area.
"The Agency shall not acquire interests in oil, gas or other mineral
substances within the Project Area, except to preclude surface drilling
within the Project Area.
"The Agency is not authorized by law to acquire real property
owned by public bodies which do not consent to such acquisition. The
Agency is authorized, however, to acquire public property if it becomes
private property by being transferred by deed, lease, or otherwise to
private ownership or control before the Agency completes land disposition
within the entire Project Area if the Agency and the private owner do not
enter into a participation agreement.
"The Agency shall not acquire real property to be retained by an
owner pursuant to a participation agreement if the owner fully performs
under the agreement. The Agency is authorized to acquire structures
without acquiring the land upon which those structures are located. The
Agency is also authorized to acquire any other interest in real property
less than a fee.
"The Agency shall not acquire real property on which an existing
building is to be continued on its present site and in its present form and
use without the consent of the owner, unless (1) such building requires
structural alteration, improvement, modernization, or rehabilitation, or (2)
the site or lot on which the building is situated requires modification in
size, shape, or use, or (3) it is necessary to impose upon such property
any of the standards, restrictions and controls of the Plan and the owner
fails or refuses to participate in the Plan by executing a participation
agreement."
In accordance with Ordinance No. NS-2290 (adopted on May 6, 1996, and
effective on June 5, 1996), eminent domain proceedings to acquire property within the
Central City Redevelopment Project must be commenced no later than June 5, 2008,
and those properties previously exempted from eminent domain by the Agency remain
exempt.
Section 3. CEQA. In accordance with the California Environmental Quality Act,
the recommended action is exempt from further review pursuant to California Code of
Regulations, Title 14, Chapter 3, Section 15061(b)(3). The project has been evaluated
and found to have no significant effect on the environment. A Notice of Exemption for
Environmental Review No. 2007-83 will be filed for this project.
Section 4. Severabilitv. If any sections, subsections, sentences, clauses,
phrases or portions of this Ordinance are for any reason held invalid or unconstitutional,
such decision shall not affect the validity of the remaining portions of this Ordinance.
Ordinance No. NS-2745
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The City Council hereby declares that it would have passed this and each section,
subsection, sentence, clause, phrase or portion of this Ordinance whether or not any
one or more sections, subsections, sentences, clauses, phrases or portions may be
declared invalid or unconstitutional on their face or as applied.
ADOPTED this lS'h day of June. 2007. ~. ~
. el A. PUlido
ayor
APPROVED AS TO FORM:
Joseph W. Fletcher, City Attorney
Bycftke- [. 4r~
Lisa E. Storck
Assistant City Attorney
AYES: Councilmembers Alvarez, Benavides. Bustamante, Martinez.
Pulido. Sarmiento (6)
NOES: Councilmembers None (0)
ABSTAIN: Councilmembers None (0)
NOT PRESENT: Councilmembers Tinaiero (1)
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify that the
attached Ordinance No. NS-2745 to be the original ordinance adopted by the City
Council of the City of Santa Ana on June 18, 2007, and that said ordinance was
published in accordance with the Charter of the City of Santa Ana.
Date:
,q /2-0 7
, #
- ,.
Patricia E. Healy
Clerk of the Council
City of Santa Ana
Ordinance No. NS-2745
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