Chapter 15.65
SANTA ANA HEIGHTS REDEVELOPMENT

Sections:

15.65.010    Intent and Purpose.

15.65.020    Authorization.

15.65.030    Approval of Redevelopment Plan.

15.65.010 Intent and Purpose.

The County and the City have entered into a stipulation for termination of litigation relating to John Wayne Airport, an annexation agreement and a cooperative agreement regarding redevelopment which together promote cooperation between the City and County in the use of redevelopment law to implement the land use compatibility plan for John Wayne Airport in an area southerly of the airport commonly known as “Santa Ana Heights.”

The County intends to finance land use conversions, sound attenuation, purchase assurance, equestrian facilities, and traffic improvements using California Community Redevelopment Law.

The City in accordance with the cooperative agreement intends to assist the County in implementing the land use compatibility plan through the use of redevelopment law while at the same time retaining for the City certain revenue-generating powers and land use controls within the territorial limits of the City and within areas which may be annexed to the territorial limits of the City.

The Planning Commission of the County and the Orange County Development Agency have cooperated in the selection of a project area pursuant to California Health and Safety Code Sections 33322 and 33323. The project area selected by the Planning Commission and the Agency includes territory within the territorial limits of the City. Such territory is contiguous to the unincorporated territory of the County which is also included within such project area. The subject project area and the territory within the City are designated on the map attached as Exhibit A to the ordinance codified in this chapter.

California Health and Safety Code Section 33213 provides that by ordinance, the legislative body of a community may authorize the redevelopment of an area within its territorial limits by another community if such area is contiguous to such other community. (Ord. 2023-22 § 746, 2023; Ord. 86-11 § 1 (part), 1986)

15.65.020 Authorization.

Pursuant to California Health and Safety Code Section 33213, the City Council of the City hereby authorizes redevelopment by the County of that portion of the project area which is within the territorial limits of the City as shown on Exhibit A attached to the ordinance codified in this chapter. The County is hereby designated to undertake such redevelopment. Pursuant to California Health and Safety Code Section 33213, any redevelopment plan prepared by the Orange County Development Agency for that portion of the project area within the territorial limits of the City of Newport Beach shall be subject to the approval of the City Council of the City by ordinance prior to the implementation of any of the provisions of such redevelopment plan with respect to such area. (Ord. 2023-22 § 747, 2023; Ord. 86-11 § 1 (part), 1986)

15.65.030 Approval of Redevelopment Plan.

The City Council may consider the adoption of an ordinance approving a redevelopment plan for the area within the territorial limits of the City only upon determining and finding that:

A.    The redevelopment plan is consistent with the general plan and zoning of the City of Newport Beach; and does not conflict with the land use and building regulatory powers of the City affecting property now within the territorial limits or hereinafter annexed to the City of Newport Beach.

B.    The redevelopment plan contains a provision that any amendments to the redevelopment plan affecting property now within the territorial limits or hereafter annexed to the City of Newport Beach and all redevelopment activities to be implemented therein shall be subject to the prior written approval of the City.

C.    The redevelopment plan contains a provision that for those portions of the project area which are either within the territorial limits of the City of Newport Beach or within the sphere of influence of the City of Newport Beach as established by the Orange County Local Agency Formation Commission as of the effective date of the ordinance codified in this chapter only property tax increments may be allocated to the agency. All other revenues, taxes, and fees, including without limitation, sales tax, uniform transient occupancy tax, property development tax, and fair share traffic contribution fees derived from areas within the territorial limits or sphere of influence of the City shall not be allocated or paid to the agency without the prior written consent of the City.

D.    The redevelopment plan contains a provision that property tax or other revenues allocated to the agency which are derived from areas now within the territorial limits or hereinafter annexed to the City shall not be used to make capital improvements to John Wayne Airport without the prior written consent of the City.

E.    The redevelopment plan contains a provision that California Health and Safety Code Section 33214 shall not serve to limit the provisions set forth in subsections (A) through (D) of this section. (Ord. 2023-22 § 748, 2023; Ord. 86-11 § 1 (part), 1986)