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HomeMy WebLinkAboutOrdinance - 2373 - Shastec Redevelopment Project e e ORDINANCE NO. 2373 AN ORDINANCE OF THE CITY OF REDDING, CALIFORNIA APPROVING AND ADOPTING THE FIRST AMENDMENT TO THE REDEVELOPMENTPLANFORTHESHASTECREDEVELOPMENT PROJECT WHEREAS, it is desirable and in the public interest that the Redevelopment Agency of the City of Redding (the "Agency") continue to undertal~e and carry out a joint redevelopment project with the County of Shasta and the City of Anderson (the "Participating Jurisdictions") and their respective redevelopment agencies (the "Partner Agencies") referred to and identified as the SHASTEC Redevelopment Project (the "P . ") d rOJ ect ; an WHEREAS, the City Council of the City of Redding (the "Council") adopted Ordinance No. 2151 on July 2, 1996 (the "Prior Ordinance"), approving and adopting the Redevelopment plan (the "Redevelopment Plan") for the Project; and WHEREAS, the Agency, acting as lead administrative agency on behalf of the Participating Jurisdictions and the Partner Agencies pursuant to the Project Formation and Administration Agreement for the SHASTEC Redevelopment Project dated June 3, 2003, executed by each of the Participating Jurisdictions and Partner Agencies and incorporated herein by reference (the "PFA Agreement"), has now found it necessary, due to recent developments and economic conditions which could further assist with the elimination of blight in the Project area, to prepare and refer to the Council for review and approval the 2006 Amendment to the Redevelopment plan (the "2006 Amendment to the Redevelopment Plan")providing for the addition of new territory to the Project Area (hereinafter referred to as the "Added Area"), to add certain public improvement projects to the Redevelopment plan, and to make other technical and textual changes in connection therewith; and WHEREAS, the Council has received from the Agency the proposed 2006 Amendment to the Redevelopment plan, as approved by the Partner Agencies, a copy of which is on file at the office of the Agency at 777 Cypress Avenue, Redding, California, and at the office of the City Clerl~, City Hall, 777 Cypress Avenue, Redding, California, together with the Report to the Legislative Bodies on the proposed 2006 Amendment to the Redevelopment plan ("Report to Legislative Bodies"); and WHEREAS, the Planning Commission of the City of Redding has approved the 2006 Amendment to the Redevelopment plan, and has submitted to the Council its report and recommendations respecting the 2006 Amendment to the Redevelopment plan, and has found that the 2006 Amendment to the Redevelopment plan conforms to the General plan of the City of Redding, and the Council has duly considered and evaluated the report, recommendations and findings of the Planning Commission; and 1 e e WHEREAS, the Redevelopment plan is fully incorporated herein by this reference; and WHEREAS, the City of Redding (the "City"), as Lead Agency pursuant to the California Environmental Quality Act (Public Resources Code Section 21000 et seq.) ("CEQA") prepared and circulated a Draft Environmental Impact Statement/Environment Impact Report ("DEIS/EIR") analyzing the impacts of developing the Stillwater Business Park, including the amendment of the Redevelopment plan with this 2006 Amendment to the Redevelopment plan, in accordance with CEQA, the Guidelines for Implementation of the California Environmental Quality Act (14 Cal. Code Regs. Section 15000 et seq.) and environmental procedures adopted by the City pursuant thereto; and the DEIS/EIR was thereafter revised and supplemented to incorporate comments received and responses thereto, and, as so revised and supplemented, a Supplemental Environmental Impact Statement/ Environmental Impact Report (" SEIS/EIR") was prepared. The SEIS/EIR was circulated to the public for further comment and was thereafter revised to incorporate additional comments received and responses thereto, and, as so revised and supplemented, a Final Environment Impact Statement/Environmental Impact Report ("FEIS/EIR") was prepared and certified by the City, as Lead Agency for the FEIS/EIR and adopted findings with respect to the environmental impacts of the Project as required by law; and WHEREAS, the Agency has consulted with and obtained the advice of owners, residents, community organizations and others regarding the proposed 2006 Amendment to the Redevelopment Plan, and properly owners, residents, community organizations and others were given the opportunity to review the proposed 2006 Amendment to the Redevelopment plan; and WHEREAS, the Council and the Agency held a joint public hearing on October 3, 2006, on adoption of the 2006 Amendment to the Redevelopment plan in the Council Chambers, 777 Cypress Avenue, 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 weel~ for four successive weel~s 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 duly mailed by first-class mail to the last known address of each assessee of each parcel of land as required by law; 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 Added Area; and 2 e e WHEREAS, the Council 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 2006 Amendment to 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 2006 Amendment to the Redevelopment plan is to continue to: (a) contribute to and complement the overall goals and policies of the Redevelopment plan; (b) to eliminate blighting influences and correct environmental deficiencies in the Added Area, including, among others, physical factors that prevent or substantially hinder the economically viable use of the land and inadequate or deteriorated public improvements, facilities and utilities; (c) assemble land into parcels suitable for modern, integrated development with improved pedestrian and vehicular circulation in the Added Area; (d) replan, redesign and develop undeveloped or underdeveloped areas which are economically stagnant, physically constrained and/or underutilized; (e) strengthen industrial, retail and other commercial functions in the Added Area; (f) strengthen the economic base of the Added Area and the community by installing needed site improvements to stimulate revitalization, new commercialJlight 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 hereby re-adopts as to the Added Area the findings, determinations and other provisions of the Prior Ordinance, and does hereby specifically finds and determines that: (a) It is necessary and desirable to amend the Redevelopment plan to include the Added Area in the Project Area in that the Added 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.)and the inclusion of the Added Area is consistent with the goals and objectives of the existing Redevelopment plan. This finding is based upon the following facts, as more particularly set forth in the Report to the Legislative Bodies: (1) The Added Area is characterized by and suffers from a combination of blighting physical and economic conditions, including, among others: lots of inadequate size given current standards and market conditions; physical factors/conditions that prevent the economically viable use of the land; stagnant property values and impaired investments; and inadequate public improvements and utilities. 3 e e (2) The combination of the conditions referred to in paragraph (1) ahove is so prevalent and so suhstantial that it causes a reduction of, or lack of, proper utilization of the Added Area to such an extent that it constitutes a serious physical and economic hurden on the community which cannot reasonahly he expected to he reversed or alleviated hy private enterprise or governmental action, or hoth, without redevelopment. (3) The availahility of tax increment revenues from the Added Area will allow the Partner Agencies to undertal~e redevelopment activities in hoth the Added Area and the existing Project Area and the redevelopment of the Added Area will serve to promote and stimulate new private investment throughout the entire Added Area and the existing Project Area, as well as increase or improve the supply of low-and moderate-income housing. (h) The 2006 Amendment to the Redevelopment plan will redevelop the Added Area in conformity with the Community Redevelopment Law and in the interests of the puhlic peace, health, safety and welfare. This finding is hased upon the fact that redevelopment of the Added Area will implement the ohjectives of the Community Redevelopment Law hy aiding in the elimination and correction of the conditions of 1light; providing for planning, development, redesign, clearance, reconstruction or rehahilitation 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 2006 Amendment to the Redevelopment plan is economically sound and feasihle. This finding is hased on the facts, as more particularly set forth in the Report to the Legislative Bodies that under the 2006 Amendment to the Redevelopment plan the Partner Agencies will he authorized to seel~ and utilize a variety of potential financing resources, including tax increments; that the nature and timing of puhlic redevelopment assistance will depend on the amount and availahility of such financing resources, including tax increments generated hy new investment in the Added Area; and that under the 2006 Amendment to the Redevelopment plan no puhlic redevelopment activity will he undertaken unless the Partner Agencies can demonstrate that adequate revenue to finance the activity is availahle. (d) As to the portion of the Added Area located within the City of Redding and the proposed new capital activities to he added to the Redevelopment Plan, the 2006 Amendment to the Redevelopment plan conforms to the General plan of the City of Redding, including, hut not limited to the housing element, which suhstantially complies with State housing law. This finding is based upon the finding of the City of Redding Planning Commission that the 2006 Amendment to the Redevelopment plan conforms to the General plan of the City of Redding. 4 e e (e) The carrying out of the 2006 Amendment to 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 Redevelopment Law. This finding is based upon the fact that redevelopment, as contemplated by the 2006 Amendment to the Redevelopment Plan, will benefit the entire community by correcting conditions of blight and by coordinating public and private actions to stimulate development and improve the physical and economic conditions of the Added Area and the existing Project Area. (f) The condemnation of real property, as provided for in the 2006 Amendment to the Redevelopment plan, is necessary to the execution of the 2006 Amendment to 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 2006 Amendment to the Redevelopment plan will be carried out and to prevent the recurrence of blight. (g) The Partner Agencies have a feasible method and plan for the relocation of families and persons who may be displaced, temporarily or permanently, from housing facilities in the Added Area. This finding is based upon the fact that the 2006 Amendment to the Redevelopment plan provides for relocation assistance according to law and pursuant to the Redding Redevelopment Agency Relocation plan adopted on April 19 , 1995 by Resolution No. 95-8,and as amended on July 20, 1998, by Resolution No. 98-06 and on May 16, 2005, by Resolution No. 05-05. (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 hom the Added 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 2006 Amendment to 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 2006 Amendment to the Redevelopment plan, no person or family will be required to move hom 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 Added 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 Added Area which are not detrimental to the public health, safety or welfare is necessary for the 5 e e 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 Law without other substantial justification for its inclusion. This finding is based upon the fact that the boundaries of the Added Area were chosen as a unified and consistent whole to include all properties contributing to or affected by the blighting conditions characterizing the Added Area. (k) The elimination of blight and the redevelopment of the Added Area could not reasonably be expected to be accomplished by private enterprise acting alone without the aid and assistance of the Partner Agencies. 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 identified blighting influences without substantial public assistance, and funds of other public sources and programs are insufficient to eliminate the blighting conditions. (1) The Project Area with the addition of the Added 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 80.43% of the land in the Project Area with the addition of the Added Area has been or is developed for urban uses or is an integral part of an area developed for urban purposes. (m) The time limitations in the 2006 Amendment to 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 Added Area and the ability of the Partner Agencies to eliminate blight within the Added Area. This finding is based upon the fact that redevelopment depends, in large part, upon private market forces beyond the control of the Partner Agencies and shorter time limitations would impair the Partner Agencies' ability to be flexible and respond to market conditions as and when appropriate and would impair the Partner Agencies' 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 Added Area. Section 3. The Council is satisfied that permanent housing facilities will be available within three (3) years from the time occupants of the Added 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 2006 Amendment to 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 6 e e the 2006 Amendment to the Redevelopment Plan; (b) directs the various officials, departments, boards and agencies of the City of Redding having administrative responsibilities in the Added Area likewise to cooperate to such end and to exercise their respective functions and powers in a manner consistent with the 2006 Amendment to the Redevelopment Plan; (c) stands ready to consider and take appropriate action on proposals and measures designed to effectuate the 2006 Amendment to the 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 2006 Amendment to 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 2006 Amendment to the Redevelopment plan, the Council hereby overrules all written and oral objections to the 2006 Amendment to the Redevelopment plan. Section 6. The mitigation measures, as identified in Council Resolution No. 2006-58 adopted on April 18, 2006, making findings based upon consideration of the Final Environmental Impact Statement/Environmental Impact Report on the Stillwater Business Park and the amendment of the Redevelopment Plan, are incorporated and made part of the proposed 2006 Amendment to the Redevelopment plan. Section 7. That certain document entitled "2006 Amendment to the Redevelopment plan for the SHASTEC Redevelopment Project," a copy of which is on file in the office of the City Clerl~, 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 Added 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 Partner Agencies, and the Partner Agencies hereby are vested with the responsibility for carrying out the 2006 Amendment to the Redevelopment plan. Section 10. The City Clerl~ is hereby directed to record with the County Recorder of Shasta County a notice of the approval and adoption of the 2006 Amendment to the Redevelopment plan pursuant to this Ordinance, containing a description of the land within the Added Area and a statement that proceedings for the redevelopment of the Added 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 Added Area, to the 7 e e auditor and assessor of the County of Shasta, to the goveming body of each of the taxing agencies which receives taxes horn property in the Added Area and to the State Board of Equalization within thirty (30) days following adoption of the 2006 Amendment to the Redevelopment plan. 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 2006 Amendment to 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 2006 Amendment to the Redevelopment plan, and this Council hereby declares that it would have passed the remainder of this Ordinance or approved the remainder of the 2006 Amendment to 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 OCTOBER 3, 2006, AND PASSED AND ADOPTED this 17th day of October, 2006, by the following vote: AYES: NOES: ABSENT: ABSTAIN: Council Members: Dickerson, Mathena, Pohlmeyer, Stegall, and Murray Council Members : None Council Members: None Council Members: None ATTEST: ' ... - -~ I (. / Ij/~ ~.' - ~ 1...- c><.-' /~ ' j t. ; . ,,)IJ'7Aj. . .~ ' TONI- Sl!:ERMAN, A$cii~tant City Clerk " - "'I , . I ,.~ '; APPROVED: 8