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HomeMy WebLinkAboutOrdinance - 1942 - Amending ordinance no. 1552 , II! 110 ORDINANCE NO. /9'/Z. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF REDDING AMENDING ORDINANCE NO. 1552, APPROVING AND ADOPTING THE AMENDMENT TO THE REDEVELOPMENT PLAN FOR THE CANBY-HILLTOP-CYPRESS REDEVELOPMENT PROJECT. WHEREAS, the City Council of the City of Redding (the "City Council") adopted Ordinance No. 1552 on August 19, 1981, (the "Prior Ordinance") approving and adopting the Redevelopment Plan (the "Redevelopment Plan") for the Canby-Hilltop-Cypress Redevelopment Project (the "Project") ; and WHEREAS, the Redding Redevelopment Agency (the "Agency") is designated as the official redevelopment agency to carry out in the City functions and requirements of the Community Redevelopment Law of the State of California 111 (Health and Safety Code Section 33000 et. seq. ) and to implement the Redevelopment Plan; and WHEREAS, the Agency has proposed an Amendment to the Redevelopment Plan for the Canby-Hilltop-Cypress Redevelopment Project (the "Amendment to the Plan") to provide for the addition of certain areas to the Project Area (hereinafter referred to as the "Added Areas") , to increase limits in the Redevelopment Plan, to add certain public improvement projects to the 1 Redevelopment Plan, and to make other technical and textual changes in connection therewith; and WHEREAS, the Planning Commission of the City of Redding (the "Planning II P Commission") has reviewed the Amendment to the Plan and recommended the approval and adoption of the Amendment to the Plan, together with its certification that the Amendment to the Plan conforms to the General Plan of the City of Redding; and AMENDED BY ORDINANCE 2104 Amended by Ordinance 2255, 7/20/99 - 1 - 4 41/ III Ij WHEREAS, the City Council received from the Agency the proposed Amendment to the Plan, together with the Report of the Agency on the Amendment to the IG° !I Plan and the Final Supplemental Environmental Impact Report (the "Final EIR") relating thereto; and it WHEREAS, the City Council and the Agency held a joint public hearing on October 2, 1990, on the adoption of the Amendment to the Plan and certification of the Final EIR on said Amendment to the Plan, in the City Council Chambers, City Hall, Redding, California; and WHEREAS, a notice of said hearing was duly and regularly published in the Record Searchlight, a newspaper of general circulation in the City of Redding, 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 public hearing were mailed by certified mail with return receipt requested to the last known address of each assessee of each parcel of land in the existing Project Area and in the Added Areas, as shown on the last equalized assessment roll of the County of Shasta; and WHEREAS, copies of the notice of public hearing were mailed with return receipt requested to the governing body of each taxing agency which receives taxes from property within the existing Project Area and within the Added Areas; and WHEREAS, copies of a statement concerning acquisition of property by the Agency were mailed by certified mail with return receipt requested to the last known address of each assessee of each parcel of land in the Added Areas, as shown on the last equalized assessment roll of the County of Shasta; and WHEREAS, the City Council has considered the report and recommendations of the Planning Coimnission, the Report of the Agency, the Amendment to the Plan and the Final EIR, and has provided an opportunity for all persons to be - 2 - I' 410 41/ II heard and has received and considered all evidence and testimony presented for L! . or against any and all aspects of the Amendment to the Plan; and WHEREAS, the Agency and the City Council have reviewed and considered the Final EIR on the Amendment to the Plan, as prepared and submitted, pursuant to Public Resources Code Section 21151 and Health and Safety Code Section 33352, jl and determined that the Amendment to the Plan will not have a significant effect on the environment; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF REDDING DOES HEREBY ORDAIN AS FOLLOWS: Section 1. The purposes and intent of the City Council with respect to the Amendment to the Plan are: (1) to contribute to and complement the overall goals and policies of the Redevelopment Plan; (2) to eliminate blighting influences and environmental deficiencies within the Added Areas such as deteriorated structures and deteriorated or inadequate public improvements, facilities or utilities; (3) to strengthen the economic base and provide additional employment opportunities within the Added Areas; and (4) to provide safe, decent, sanitary and affordable housing for persons of low- and � I moderate-income. Section 2. The City Council hereby re-adopts as to the Added Areas the findings, determinations and other provisions of the Prior Ordinance, and does hereby specifically find and determine that: a. It is necessary and desirable to amend the Redevelopment Plan to include the Added Areas in the Project Area in that the Added Areas are blighted areas, the redevelopment of which is necessary to effectuate the public purposes declared in the Community Redevelopment Law, and the inclusion of the Added Areas is consistent with the goals and objectives of the existing Project. This finding is based on the fact that: - 3 - �Ii � r i 410 • (1) The Added Areas include unfit or unsafe buildings and l t structures due to age, obsolescence and mixed character; (2) The Added Areas include properties which suffer from deterioration and disuse because of inadequate public improvements, facilities and utilities; (3) The Added Areas are characterized by a lack of proper utilization of property, resulting in a stagnant and unproductive condition of I,! land potentially useful and valuable; (4) The Added Areas include a prevalence of business stag- nation and impaired investments; and (5) There is a need for and lack of sufficient employment opportunities. It is further found and determined that such conditions are causing and will increasingly cause a reduction and lack of property utiliza- tion of the area to such an extent that it constitutes a serious physical, social and economic burden on the community which cannot reasonably be expected to be reversed or alleviated by private enterprise acting alone, requiring redevelopment in the interest of the health, safety and general welfare of the people of the City and the State. This finding is based on the fact that governmental action available to the City without redevelopment would be insufficient to cause any significant correction of the blighting conditions, and that the nature and costs of the public improvements and facilities required to correct the blighting conditions are beyond the capacity of the City and cannot be undertaken or borne by private enterprise, acting alone or in concert with available governmental action. b. The Amendment to the Plan will enable the Added Areas and the existing Project Area to be redeveloped in conformity with the Community - 4 - I 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 II Project Area, as contemplated by the Redevelopment Plan, as amended by the Amendment to the Plan, will implement the objectives of the Community Redevelopment Law by aiding in the elimination and correction of the h � conditions of blight and deterioration in the Added Areas; providing for planning, development, redesign, clearance, reconstruction or rehabilitation Ij of properties which need improvement; providing affordable housing, including housing for low- and moderate-income persons; providing additional employment opportunities; and providing for higher economic utilization of potentially useful land. c. The adoption and carrying out of the Amendment to the Plan is economically sound and feasible. This finding is based upon the fact that under the Redevelopment Plan, as proposed to be amended, no new public redevelopment activity will be undertaken unless the Agency can demonstrate that it has adequate revenue to finance the activity. d. The Amendment to the Plan conforms to the General Plan of the City of Redding. This finding is based upon the finding of the Planning Commission of the City of Redding that the Amendment to the Plan conforms to the General Plan for the City of Redding. e. The carrying out of the Amendment to the Plan will promote the public peace, health, safety and welfare of the City of Redding and will , i effectuate the purposes and policy of the Community Redevelopment Law. This finding is based upon the fact that redevelopment, as contemplated by the Amendment to the Plan, will benefit the Project Area by correcting conditions of blight and by coordinating public and private actions to stimulate development and improve the economic, social and physical conditions of the Added Areas and the existing Project Area. - 5 - 1 4 • pV f. The condemnation of real property within the Added Areas, as 11i provided for in the Amendment to the Plan, is necessary to the execution of the Amendment to the Plan, and adequate provisions have been made for the payment for property to be acquired as provided by law. This finding is based upon: (1) the need to ensure that the provisions of the Amendment to the Plan will be carried out; and (2) the need 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 �tll' housing facilities in the Added Areas. This finding is based upon the fact that the Amendment to the Plan provides for relocation assistance according to law. h. There are, or are being provided, within the Added Areas, the Ili existing 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 might be displaced from the Added Areas, 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 no person or family will be required to move from any '[II dwelling unit in the Added Areas until suitable replacement housing is avail- , able. II i. Inclusion of any lands, buildings or improvements in the Added Areas which are not detrimental to the public health, safety or welfare is necessary for the effective redevelopment of the whole area of which they til are a part, and any such areas included are necessary for effective redevelop- ment and are not included for the purpose of obtaining the allocation of tax increment revenues from such areas without other substantial justification for their inclusion. This finding is based upon the fact that the inclusion of - 6 - I ' I • 4 r _ lands, buildings or improvements within the Added Areas is necessary in order to (1) eliminate under-utilized, stagnant and unproductive conditions of land; (2) eliminate deteriorated structures; (3) eliminate inadequate or deter- iorated public improvements, facilities and utilities; (4) provide affordable housing, including housing for low- and moderate-income persons; and (5) provide employment opportunities. j . The elimination of blight and the redevelopment of the Added Areas could not be reasonably expected to be accomplished by private enter- 1 i prise acting alone without the aid and assistance of the Agency. This finding is based upon the existence of blighting influences, including the lack of adequate public improvements, and the inability of individual developers to economically remove these blighting influences without public assistance to acquire and assemble sites for development, and the provision of public improvements, facilities, and utilities. k. The effect of tax increment financing to carry out the X11 Amendment to the Plan will not cause a severe financial burden or detriment on any taxing agency deriving revenues from the Added Areas. This finding is based on the fact that (1) the tax increment revenue allocated to the Agency from the Added Areas is a relatively small percentage of each affected taxing agency's total property tax revenue; and (2) the Agency has entered into an agreement to pass through certain portions of the tax increment funds to be received by the Agency in order to alleviate the financial burden or detriment that may have been caused to certain taxing agencies by tax increment financing. 1.. The Amendment to the Plan will afford maximum opportunity, consistent with the sound needs of the City as a whole, for the redevelopment ; II of the Added Areas by private enterprise. - 7 - - • • Section 3. The City Council is satisfied that permanent housing facili- ties will be available within three years from the time occupants of the Added Areas are displaced, if any, and that pending the development of such facili- ties, there will be available to any such displaced occupants temporary housing facilities at rents comparable to those in the City of Redding at the time of their displacement. No persons or families of low- or moderate-income shall be displaced from residences unless and until there is a suitable housing unit available and ready for occupancy by such displaced persons or families at rents comparable to those at the time of their displacement. Such housing units shall be suitable to the needs of such displaced persons or families and must be decent, safe, sanitary and otherwise standard dwellings. The Agency shall not displace any such persons or families until such housing units are available and ready for occupancy. Section 4. Written objections to the Amendment to the Plan filed with the City Clerk before the hour set for hearing and all oral objections presented to the City Council at the hearing having been considered are hereby overruled. Section 5. The mitigation measures, as identified in Council Resolution 90-517 No. and Agency Resolution No. 90-27 adopted on October 16, 1990, making findings as to the Final Supplemental Environmental Impact Report on the Amendment to the Plan, are incorporated into the proposed redevelopment of the Added Areas. Section 6. The Redevelopment Plan for the Canby-Hilltop-Cypress Redevelopment Project, as adopted by Ordinance 1552, is hereby amended as set 16 forth in the proposed "Amendment to the Plan for the Canby-Hilltop-Cypress Redevelopment Project," attached hereto as Attachment No. 1 and incorporated herein by reference. As so amended, the Redevelopment Plan is incorporated herein by reference and is designated as the official Redevelopment Plan for the Canby-Hilltop-Cypress Redevelopment Project. - 8 - I. • • The Executive Director of the Agency is hereby authorized to combine the Redevelopment Plan, as amended by this Amendment, into a single document, and said document, when filed with the City Clerk and the Secretary of the Agency, shall constitute the official Redevelopment Plan in place of the document currently constituting said Redevelopment Plan. I Section 7 . The Prior Ordinance is continued in full force and effect, as amended by this Ordinance. it Section 8. 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 Amendment to the Plan. II Section 9. The City Clerk is hereby directed to record with the County r, Recorder of Shasta County a notice of the approval and adoption of the Amendment to the Plan pursuant to this Ordinance containing a description of the boundaries of the Added Areas and a statement that proceedings for redevelopment of the Project Area, as amended, have been instituted under the California Community Redevelopment Law. Section 10. The City Clerk is hereby directed to transmit a copy of this Ordinance approving and adopting the Amendment to the Plan, a description of the land within the Project Area, as amended, and a map or plot indicating the boundaries of the Project Area, as amended, to the auditor, assessor and tax collector of the County of Shasta, to the governing body of each of the taxing agencies which levies taxes upon any property in the Project Area, as amended, and to the State Board of Equalization. Section 11. Effective Date. This Ordinance shall be in full force and effect thirty (30) days after its passage. Section 12. Publications. The City Clerk is hereby ordered and directed i jl to certify to the passage and adoption of this Ordinance and to cause the same to be published in the Record Searchlight, a newspaper of general circulation, published and circulated in the City of Redding. I � - 9 - 411 410 Section 13. Severability. If any part of this Ordinance, or the Amendment to the Plan which it approves, is held to be invalid for any reason, h. such decision shall not affect the validity of the remaining Ordinance or of the remaining Amendment to the Plan, and this Council hereby declares that it would have passed the remainder of this Ordinance or approved the remainder of the Amendment to the Plan if such invalid portion thereof had been deleted. I HEREBY CERTIFY that the foregoing Ordinance was introduced and read at a regular adjourned meeting of the City Council of the City of Redding on the 16th day of October, 1990, and was duly read and adopted on the 6th day of Nobember, 1990, at a regular meeting of the City Council by the following vote: AYES: COUNCIL MEMBERS: Arness, Dahl , Moss & Buffum NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Fulton ABSTAIN: COUNCIL MEMBERS: None 'k, CY B.fU , May City .YRedding ATTEST: ETHEL A. NICHOLS, City Clerk FORM APPROVED: P RANDALL A. HAYS, Cit Attorney b ll I u' I A - 10 - V L.,