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Item 8.1 - Alternate Uses for South Poway Business Park Auto Mall ~qENDA REPORT SUMMARY TO: Honorable Mayor and Members of the City Council FROM: James L. Bowersox, City Mana~jm.m~ INITL&II~D BY: John D. Fitch, Assistant City Manage~'~)lL DATE: April 25, 1995 SUBJECT: Alternate Uses for the South Poway Business Park - Auto Mall ABSII~ACT At their March 21, 1995 meeting, the City Council discussed possible alternative land uses that could be considered for the South Poway Business Park. One of the uses that was discussed was relocating the auto dealers from Poway Road to the South Poway Business Park. While this idea has merit, the use of Redevelopment funds for this purpose appears to have been precluded by the passage of AB 1290, which went into effect on January 1, 1994. ENVIRONMENTAL REVIEW This report is exempt from environmental review. FISCAL IMPACT There is no fiscal impact related to the action recommended. ADDITIONAL PUBLIC NOTIFICATIONAND CORRESPONDENCE None. RECOMMENDATION It is recommended that the City Council receive and file this report. ACTION auto.sum ! of 3 APR251995 r]'l:M 8,1 CITY OF POWAY AGENDA REPORT TO: Honorable Mayor and Members of the City Council FROH: James L. Bowersox, City Man~/¥~ INITIATED BY: John D. Fitch, Assistant City Manager~J' DATE: April 25, 1995 SUBJECT: Alternate Uses For The South Poway Business Park - Auto Mall ABSTRACT At their March 21, 1995 meeting, the City Council discussed possible alternative land uses that could be considered for the South Poway Business Park. One of the uses that was discussed was relocating the auto dealers from Poway Road to the South Poway Business Park. While this idea has merit, the use of Redevelopment funds for this purpose appears to have been precluded by the passage of AB 1290, which went into effect on January ], 1994. It is recommended that the City Council receive and file this report. BACKGROUND At the March 21, 1995 meeting, the City Council discussed several alternative uses that could be considered for the South Poway Business Park. At that meeting it was suggested that staff look into and report back on the feasibility of re!ocating the automobile dealerships along Poway Road to the Business Park and creating an auto mall, as other cities have done. FINDINGS Many cities, as part of their economic development efforts, have participated in the creation of auto malls in order to attract automobile dealers into their city. These cities have generally used their Redevelopment Agency to assist in the development of the auto malls by acquiring land, underwriting its development, and often selling the property to auto dealers below the market rate in order to induce the auto dealers to locate in their city. During the late 1980s, many of the members of the state legislature became concerned with cities competing with one another to attract large sales tax producers, such as "large box retailers" or automobile dealers, into their communities by offering various concessions or sales-tax sharing agreements. 2 of 3 APR251995 ITEM 8~l Agenda Report - Auto Mall April 25, 1995 Page 2 They argued that developing previously undeveloped land for auto malls, regional shopping centers or large discount stores was not the original intent of Redevelopment Law. As a result, there was a movement in the state legislature in the early 1990s to eliminate redevelopment. In an effort to resolve this issue, the California Redevelopment Association sponsored AB 1290, which was designed to reform redevelopment law and make illegal some of the activities that the legislature was concerned about. AB 1290 was approved by the state legislature and went into effect on January 1, 1994. Section 33426.5 of the Health and Safety Code which was created by AB 1290 reads in part that: "...an agency shall not provide any form of direct assistance to: (a) An automobile dealership which will be or is on a parcel of land which has not previously been developed for urban use, unless, prior to the effective date of the act that adds this section, the agency either owns the land or has entered into an enforceable agreement, for the purchase of the land or an interest in the land, including, but not limited to, a lease - or an agreement containing covenants affecting real property, that requires the land to be developed and used as an automobile dealership." While land along Poway Road can generally be described as having been previously developed for urban uses, it is questionable whether the undeveloped property in the South Poway Business Park would qualify. )he key is whether the property could be defined as developed for urban uses prior to the law going into effect. The industrial pads were created prior to the enactment of the law; however, the majority of the property had not been built upon by the time the law went into effect. Without assistance from the Redevelopment Agency, it would be cost-prohibitive to try to relocate the automobile dealers to the South Poway Business Park. ENVIRONMENTAL REVIEW The subject matter of this report is exempt from environmental review. FISCAL IMPACT There is no fiscal impact related to the action recommended. ADDITIONAL PUBLIC NOTIFICATION AND CORRESPONDENCE None. RECONHENDATION It is recommended that the City Council receive and file this report. ¢:\repor ts\&utoem[ I 3 of 3 APR 2 5 1995 ITeM ~