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HomeMy WebLinkAboutOrdinance 2151 - Approving And Adopting Redevelpment Plan . 1111 ORDINANCE NO. -?/S/ AN ORDINANCE OF THE CITY OF REDDING, CALIFORNIA APPROVING AND ADOPTING THE REDEVELOPMENT PLAN FOR THE SHASTEC REDEVELOPMENT PROJECT WHEREAS, the City Council of the City of Redding (the "Council") has received from the Redevelopment Agency of the City of Redding (the "Agency") the proposed Redevelopment Plan (the "Redevelopment Plan") for the SHAS'..EC Redevelopment Project (the "Project"), as approved by the Agency, a copy of which is on file at the office of the Agency at 760 Parkview Avenue, Redding, California, and at the office of the City Clerk, City Hall, 760 Parkview Avenue, Redding California, together with the Report of the Agency to the Legislative Bodies on the proposed Redevelopment Plan ("Report to Legislative Bodies"), including: (1) the reasons for selection of the Project Area; (2) a description of the physical and economic conditions existing in the Project Area; (3) a description of specific projects proposed by the Agency in the Project Area and an explanation as to how the proposed projects will improve or alleviate the conditions existing in the Project Area; (4) the proposed method of financing redevelopment of the Project Area, including an assessment of the economic feasibility of the Project and an explanation of why the elimination of blight and redevelopment of the Project Area cannot be accomplished by private enterprise acting alone or by the Council's use of financing alternatives other than tax increment financing; (5) a plan for the relocation of families and persons who may be temporarily or permanently displaced from housing facilities as a result of the Redevelopment Plan; (6) an analysis of the Preliminary Plan for the Project; (7) the report and recommendations of the Planning Commission of the City of Redding (the "Planning Commission"); (8) a record of the summary of consultations with Project Area owners, residents, community organizations and others; (9) an environmental impact report; (10) the report of the county fiscal officer; (11) a neighborhood impact report; (12) an analysis of the report of the county fiscal officer, summary of consultations with affected taxing agencies and responses to concerns of affected taxing agencies; and (13) an Implementation Plan; and WHEREAS, the Redevelopment Plan includes area within the City of Redding, the City of Anderson and the County of Shasta (collectively, the "Participating Jurisdictions") and as such, is being adopted jointly by the redevelopment agencies, planning commissions and legislative bodies of the Participating Jurisdictions pursuant to Section 33210 of the California Community Redevelopment Law (Health and Safety Code Section 33000, et seq.); and WHEREAS, the Planning Commission of the City of Redding has submitted to the Council its report that the Redevelopment Plan conforms to the General Plan of the City of Redding and its recommendation for approval of the Redevelopment Plan as it pertains to the area of the Project located within the City of Redding; and 1 • • • WHEREAS, the Agency prepared and circulated a Draft Environmental Impact Report ("DEIR"), on the Redevelopment Plan in accordance with the California Environmental Quality Act (Public Resources Code Section 21000 et seq.), the Guidelines for Implementation of the California Environmental Quality Act (14 Cal. Code Regs. Section 15000 et seq.) and environmental procedures adopted by the Agency pursuant thereto; and the DEIR was thereafter revised and supplemented to incorporate comments received and responses thereto, and, as so revised and supplemented, a Final Environmental Impact Report ("FEIR") was prepared and certified by the Agency, as the lead agency for the Redevelopment Plan FEIR for the purposes of the California Environmental Quality Act; and WHEREAS, the Agency and Council have reviewed and considered the FEIR on the Redevelopment Plan and have determined that, for the significant effects identified by the FEIR, mitigation measures and a monitoring program therefor have been required in or incorporated into the Redevelopment Plan which avoid or substantially lessen such effects; and WHEREAS, the Agency has consulted with and obtained the advice of owners, residents, community organizations and others regarding the proposed Redevelopment Plan, and property owners, residents, community organizations and others were given the opportunity to review the proposed Redevelopment Plan; and WHEREAS, the Council and the Agency held a joint public hearing on June 4, 1996, on adoption of the Redevelopment Plan in the Council Chambers, 1313 California Street, Redding, California; and WHEREAS, a notice of said hearing was duly and regularly published in the Redding Record Searchlight, a newspaper of general circulation in the County of Shasta, once a week for four successive weeks prior to the date of said hearing, and a copy of said notice and affidavit of publication are on file with the City Clerk and the Agency; and WHEREAS, copies of the notice of joint public hearing were mailed by first-class mail to the last known address of each assessee of each parcel of land in the proposed Project Area as shown on the last equalized assessment roll of the County of Shasta and to all residential and business occupants within the proposed 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 which receives taxes from property in the Project Area; and 2 A • • WHEREAS, the Council has considered the report and recommendations of the Planning Commission, the Report to the Council, the Redevelopment Plan and its economic feasibility, the feasibility of its relocation plan, and the FEIR, has provided an opportunity for all persons to be heard and has received and considered all evidence and statements presented for or against any and all aspects of the Redevelopment Plan; and WHEREAS, all actions required by law have been taken by all appropriate public bodies; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF REDDING DOES ORDAIN AS FOLLOWS: Section 1. That the purpose and intent of the Council with respect to the Project Area is to accomplish the following: (a) eliminate blighting influences and correct environmental deficiencies in the Project Area, including, among others, faulty exterior spacing, deteriorated, obsolete and aged building types, mixed character of buildings, incompatible and uneconomic land uses, substandard alleys and inadequate or deteriorated public improvements, facilities and utilities; (b) assemble land into parcels suitable for modern, integrated development with improved pedestrian and vehicular circulation in the Project Area; (c) replan, redesign and develop undeveloped or underdeveloped areas which are economically stagnant, physically constrained and/or underutilized; (d) provide opportunities for participation by owners and tenants in the revitalization of their properties; (e) strengthen industrial, retail and other commercial functions in the Project Area; (f) strengthen the economic base of the Project Area and the community by installing needed site improvements to stimulate revitalization, new commercial/ light industrial expansion, employment and economic growth; (g) provide adequate land for open spaces; (h) establish and implement performance criteria to assure high site design standards and environmental quality and other design elements which provide unity and integrity to the entire Project; and (i) expand and improve the community's supply of low- and moderate-income housing. Section 2. The Council 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 California Community Redevelopment Law (Health and Safety Code Section 33000 et seq.). This finding is based upon the following facts, as more particularly set forth in the Report to the Legislative Bodies: (1) The Project Area is predominantly urbanized. (2) The Project Area is characterized by and suffers from a combination of blighting physical and economic conditions, including, among others: buildings that are deteriorated, obsolete and dilapidated; buildings which have faulty or inadequate utilities; 3 • • buildings suffering from defects in design or physical construction; buildings which are exposed to unhealthy noise levels; incompatible uses; lots of inadequate size for proper usefulness which are under multiple ownership; stagnant property values and impaired investments; lack of necessary commercial facilities; residential overcrowding; and inadequate public improvements and utilities. (3) The combination of the conditions referred to in paragraph (2) above is so prevalent and so substantial that it causes a reduction of, or lack of, proper utilization of the Project Area to such an extent that it constitutes a serious physical and economic burden on the City which cannot reasonably be expected to be reversed or alleviated by private enterprise or governmental action, or both, without redevelopment. (4) The availability of tax increment revenues from the Project Area will allow the Agency to undertake redevelopment activities in the Project Area and the redevelopment of the Project Area will serve to promote and stimulate new private investment in the Project Area, and increase or improve the supply of low-and moderate-income housing. (b) 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 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, clearance, reconstruction or rehabilitation of properties which need improvement; providing additional employment opportunities; and providing for higher economic utilization of potentially useful land. (c) The adoption and carrying out of the Redevelopment Plan is economically sound and feasible. This finding is based on the facts, as more particularly set forth in the Report to the Legislative Bodies that under the Redevelopment Plan the Agency will be authorized to seek and utilize a variety of potential financing resources, including tax increments; that the nature and timing of public redevelopment assistance will depend on the amount and availability of such financing resources, including tax increments generated by new investment in the Project Area; and 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. (d) As to the area of the Project Area located within the City of Redding, the Redevelopment Plan conforms to the General Plan of the City of Redding, including, but not limited to the housing element, which substantially complies with State housing law. This finding is based upon the finding of the Planning Commission that the Redevelopment Plan conforms to the General Plan of the City of Redding. 4 • • (e) The carrying out of the Redevelopment Plan would promote the public peace, health, safety and welfare of the City of Redding and will effectuate the purposes and policy of the Community Redevelop-ment Law. This finding is based upon the fact that redevelopment, as contemplated by the Redevelopment Plan, will benefit the Project Area by correcting conditions of blight and by coordinating public and private actions to stimulate development and improve the physical and economic conditions of the Project Area. (f) The condemnation of real property, as provided for 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. (g) The Agency has a feasible method and plan for the relocation of families and persons who may be displaced, temporarily or permanently, from housing facilities in the Project Area. This finding is based upon the fact that the Redevelopment Plan provides for relocation assistance according to law and the Agency adopted a Relocation Plan on April 19, 1995 by Resolution No. 95-8. (h) There are, or 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 the families and persons who may be displaced from the Project Area, 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 the Redevelopment Plan does not authorize acquisition by eminent domain of properties on which persons reside, and, therefor, very little, if any, residential displacement is anticipated, and that in the event any residential displacement is caused by the Redevelopment Plan, no person or family will be required to move from any dwelling unit until suitable replacement housing is available. (i) 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; and dwelling units housing persons and families of low or moderate income within the Project Area 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. (j) Inclusion of any lands, buildings or improvements in the Project Area 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 area included is necessary for effective redevelopment and 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 5 • • Law without other substantial justification for its inclusion. This finding is based upon the fact that the boundaries of the Project Area were chosen as a unified and consistent whole to include all properties contributing to or affected by the blighting conditions characterizing the Project Area. (k) The elimination of blight and the redevelopment of the Project Area 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 facts, as more particularly set forth in the Report to the Legislative Bodies that individual developers are unable to economically remove these blighting influences without substantial public assistance, that low and moderate-income persons are unable to finance needed improvements, and funds of other public sources and programs are insufficient to eliminate the blighting conditions. (1) The Project Area is a predominantly urbanized area, as defined by subdivision (b) of Section 33320.1. This finding is based upon the facts, as more particularly set forth in the Report to the Legislative Bodies, that 84.7% of the land in the Project Area has been or is developed for urban uses or is an integral part of an area developed for urban purposes. (in) The time limitations in the Redevelopment Plan, which are the maximum time limitations authorized under the Community Redevelopment Law, are reasonably related to the proposed projects to be implemented in the Project Area and the ability of the Agency to eliminate blight within the Project Area. This finding is based upon the facts that redevelopment depends, in large part, upon private market forces beyond the control of the Agency and shorter time limitations would impair the Agency's ability to be flexible and respond to market conditions as and when appropriate and would impair the Agency's ability to maintain development standards and controls over a period of time sufficient to assure area stabilization. In addition, shorter time limitations would limit the revenue sources and financing capacity necessary to carry out proposed projects in the Project Area. Section 3. The Council is satisfied that permanent housing facilities will be available within three (3) years from the time occupants of the Project Area are displaced, if any, and that pending the development of the facilities, there will be available to the displaced occupants, if any, adequate temporary housing facilities at rents comparable to those in the community at the time of their displacement. Section 4. In order to implement and facilitate the effectuation of the Redevelopment Plan, certain official actions must be taken by the Council; accordingly, the Council hereby: (a) pledges its cooperation in helping to carry out the Redevelopment Plan; (b) directs the various officials, departments, boards and agencies of the City of Redding 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 Plan; (c) stands ready to consider and take appropriate action on proposals and measures designed to effectuate the 6 I s • Redevelopment Plan; and (d) declares its intention to undertake and complete any proceeding, including the expenditure of moneys, necessary to be carried out by the City under the provisions of the Redevelopment Plan. Section 5. The Council is satisfied that written findings have been adopted in response to each written objection received either before or at the noticed public hearing. Having considered all evidence and testimony presented for or against any aspect of the Redevelopment Plan, the Council hereby overrules all written and oral objections to the Redevelopment Plan. Section 6. The mitigation measures, as identified in Council Resolution No. 96-128 and Agency Resolution No. 96-15 adopted on June 18, 1996, making findings based upon consideration of the Final Environmental Impact Report on the Redevelopment Plan, are incorporated and made part of the proposed Redevelopment Plan. Section 7. That certain document entitled "Redevelopment Plan for the SHASTEC Redevelopment Project," a copy of which is on file in the office of the City Clerk, is hereby incorporated by reference herein and designated as the official "Redevelopment Plan for the SHASTEC Redevelopment Project." Section 8. The City of Redding Building Department is hereby directed for a period of at least two (2) years after the effective date of this Ordinance to advise all applicants for buildings 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 9. The City Clerk is hereby directed to send a certified copy of this Ordinance to the Agency, and the Agency hereby is vested with the responsibility for carrying out the Redevelopment Plan. Section 10. The City Clerk is hereby directed to record with the County Recorder of Shasta County a notice of the approval and adoption of the Redevelopment Plan pursuant to this Ordinance, containing 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 11. The City Clerk is hereby directed to transmit a copy of the description and statement recorded by the Clerk pursuant to Section 10 of this Ordinance, a copy of this Ordinance and a map or plat indicating the boundaries of the Project Area, to the auditor and assessor of the County of Shasta, 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 within thirty (30) days following adoption of the Redevelopment Plan. 7 411 • Section 12. The City Clerk is hereby ordered and directed to certify to the passage of this Ordinance and to cause the same to be published once in the Redding Record Searchlight, a newspaper of general circulation, published and circulated in the County of Shasta. 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, and this Council hereby declares that 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 in full force and effect thirty (30) days after its adoption. INTRODUCED ON JUNE 18, 1996, AND PASSED AND ADOPTED this 2nd day of July , 1996, by the following vote: AYES: P. Anderson, R. Anderson, Kehoe, Murray and McGeorge NOES: None ABSENT: None ABSTAIN: None DAVID . cGEO;1G" , MwoKr ATTEST: 421 )t/Fi *,r . CONNIE STROHMA :i',pity Clerk APPROVED: 7/g.--t4 W. LEONARD WINGAT , City Attorney 8 r 0 In the Superior Court of the State of California in and for the County of Shasta CERTIFICATE OF PUBLICATION . p.11.1.11-1. 1 No. 2151 ,m MC = Marks Cablevision KC=King ,,,P dated; buildings which havefaulty orinadequate utilities;buildings suffering from defects in design or physical construction; buildings which are ex- Notice of Ordinance posed to unhealthy noise levels;incompatible uses; lots of inadequate size for proper usefulness which are under multiple ownership; stagnant property values and impaired investments;lack of necessary commercial facilities;residential overcrowding;and inadequate public improvements and utilities. to The combination of the conditions referred to State of California in paragraph(2)above is so prevalent and so sub- stantial that it causes a reduction of, or lack of,Nom County of Shasta proper utilization of the Project Area to such an ex- tent that it constitutes a serious physical and eco-4p1 nomic burden on the City which cannot reasonably be expected to bei reversed or alleviated by private)IJ enterprise or governmental action,or both,without I hereby certify that the Record Searchlight is a redevelpment. psa (4) The availability of tax increment revenuesugi newspaper of general circulation within the provisions from the Project Area will allow the Agency to un- dertake redevelopment activities in the Project Area) a:_ of the Government Code of the State of California, and the redevelopment of the Project Area will O1S' serve to promote and stimulate new private invest- printed and published in the City of Redding,County ment in the Project Area,and increase or improveUaz • the supply of low-and moderate-income housing. of Shasta,State of California;that I am the principal (b) The Redevelopment Plan will redevelop the Project NA Area in conformity with the Community Redevelopment-la clerk of the printer of said newspaper;that the notice Law and in the interests of the public peace,health,safety—"k i and welfare.This finding is based upon the fact that rede- of which the annexed clipping is a true printed copy velopment of the Project Area will implement the objectives[) of the Community Redevelopment Law by aiding in the was published in said newspaper on the following elimination and correction of the conditions of blight;pro-r viding for planning,development, redesign,clearance, re- -lnj dates,to wit; construction or rehabilitation of properties which need improvement;providing additional employment opportuni- 1 ties;and providing for higher economic utilization of poten- us tially useful land. (c) The adoption and carrying out of the Redevelopment 'pi July 10, 1996 Plan is economically sound and feasible. This finding is based on the facts,as more particularly set forth in the re-t) I port to the Legislative Bodies that under the Redevelopment U Plan the Agency will be authorized to seek and utilize a vari- I certify under penalty of perjury that the forgoing ; ety of potential financing resources, including tax incre-'SI! l ments;that the nature and timing of public redevelopment is true and correct,at Redding,California on the assistance will depend on the amount and availability ofaal such financing resources,including tax increments generat-I ed by new investment in the Project Area;and that under 1 ' the Redevelopment Plan no public redevelopment activity U will be undertaken unless the Agency can demonstrate that it has adequate revenue to finance the activity. lla• (d) As to the area of the Project Area located within the sip 10th dayof Jul 1996. • City of Redding,the Redevelopment Plan conforms to the • Y� ) General Plan of the City of Redding,including,but not lim- ap ited to the housing element,which substantially complies 1 with State housing law.This finding is based upon the find-au, • ing of the Planning Commission that the Redevelopment)AC Plan conforms to the General Plan of the City of Redding. (e) The carrying out of the Redevelopment Plan would S„ promote the public peace,health,safety and welfare of the < City of Redding and will effectuate the purposes and policy fel \ of the Community Redevelopment Law. This finding is SIp .., 1— \'''\ L \based upon the fact that redevelopment,as contemplated ) by the Redevelopment Plan,will benefit the Project Area by U Sijnaturecorrecting conditions of blight and by coordinating public V and private actions to stimulate development and improve as1A�f ,. the physical and economic conditions of the Project Area. : (f) The condemnation of real property,as provided for in `3; the Redevelopment Plan, is necessary to the execution of)2c the Redevelopment Plan, and adequate provisions have RECORD SEARCHLIGHT been made for the payment for property to be acquired as pa a provided by law.This finding is based upon the need to en-•So 1101 Twin View Blvd.,Redding,California 96 sure that the provisions of the Redevelopment Plan will be carried out and to prevent the recurrence of blight. 311 (g) The Agency has a feasible method and plan for the re- location of families and persons who may be displaced, Uf temporarily or permanently,from housing facilities in the ni, t 0 Project Area.This finding is based upon the fact that the Re-• ` development Plan provides for relocation assistance U1 )1 according to law and the Agency adopted a Relocation Plan U1.11U on April 19,1995 by Resolution No.95-8. Ti EPT.