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Home My WebLink AboutOrdinance - 2294 - Market St Development < . , . RECORDING REQUESTED BY: CITY OF REDDING WHEN RECORDED RETURN TO: CITY OF REDDING CITY CLERKS OFFICE, 3rd Floor 777 CYPRESS AVENUE REDDING CA 9600] .~1~~1~1~~~1~~7 :3 Recorded Official Records Count y Of SHASTA CRIS ANDREWS Recorder 09:26AM 24-Jun-2002 7 I REC FEE I I I I I I I hb I Page I of 7 .00 THE AREA ABOVE IS RESERVED FOR RECORDER'S USE ORDINANCE NO. 2294 Document Title(s) I /' '. , i . . RECORDED AT REQUEST OF: REDDING REDEVELOPMENT AGENCY WHEN RECORDED MAIL TO: tlT'lllUmll~SS . Il~ FEE This is to certlfy that this document Is pres!n;~d for recordatIon by the CIty Ofe~~d8~~~ ~~t~~'~nt~ Seetinn 61113 of the Governm of Calilornia, Goldfarb & Lipman 1300 Clay Street, 9th Floor City Center Plaza Oakland, CA 94612 Attention: Lynn Hutchins .::.:...,..".....,. NO RECORDING FEE PURSUANT TO GOVERNMENT CODE SECTION 27383 ORDINANCE NO. 'ZZ-1' i AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF REDDING APPROVING AND ADOPTING THE AMENDMENT TO THE MARKET STREET REDEVELOPMENT PLAN ("AMENDMENT"), APPROVING THE ENVIRONMENTAL DOCUMENTATION PREPARED FOR THE AMENDMENT, AND MAKING CERTAIN FINDINGS PURSUANT TO THE COMMUNITY REDEVELOPMENT LAW OF THE STATE OF CALIFORNIA THE CITY COUNCIL OF THE CITY OF REDDING DOES ORDAIN AS FOLLOWS: WHEREAS, by the City Council Ordinance No. 974 adopted on July 3, 1968, the City Council of the City of Redding adopted the Redevelopment Plan for the Market Street Redevelopment Project Area (the "Project Area"), as amended by Ordinance No. 1173, adopted on August 5, 1974, as further amended by Ordinance No. 1295, adopted on November 19, 1976, as further amended by Ordinance No. 1299, adopted on December 20, 1976, as further amended by Ordinance No. 1923, adopted on July 17, 1990, as further amended by Ordinance No. 2103, adopted on December 20, 1994, as further amended by Ordinance No, 2150, adopted on June 4, 1996, and as further amended by Ordinance No. 2185, adopted on August 5, 1997, (collectively, the "Plan"); and WHEREAS, pursuant to the Community Redevelopment Law of the State of California (the "Redevelopment Law"), the Redding Redevelopment Agency (the "Agency") has recommended certain amendments to the Plan that, among other things, would extend the Agency's deadline for commencement of eminent domain proceedings by twelve years; and WHEREAS, the Agency has made studies of the impact of the proposed amendments to physical condition of structures, environmental influences, land uses, and social, economic and cultural conditions and has determined that the proposed amendments will promote the proper redevelopment of the Project Area in accordance with the goals, objectives, and policies of the City of Redding's General Plan, the Plan and the Redevelopment Law; and ~ ~ :t 9201031157524,1 .. .. . . WHEREAS, the Agency has prepared and submitted to the City Council of the City of Redding (the "City Council") for review and adoption the proposed Amendment to the Plan, a copy of which is on file with the City Clerk of the City of Redding; and WHEREAS, the Agency has prepared and submitted, and the City Council has reviewed and considered, a written report on the proposed amendments (the "Report") pursuant to Health and Safety Code Section 33457.1, a copy of which is on file with the City Clerk of the City of Redding; and WHEREAS, the City Council has reviewed the California Environmental Quality Act (the "CEQA") Notice of Exemption (the "Notice of Exemption") prepared for the Amendment pursuant to the CEQA Guidelines; and WHEREAS, the purpose of the Amendment is to extend the deadline for commencement of eminent domain proceedings by twelve years. This amendment will not change the uses permitted within the Project Area; and WHEREAS, the Planning Commission, which is the duly designated and acting official planning body of the City of Redding, has submitted to the City Council its report and recommendation dated May 14,2002, recommending approval and adoption of the Amendment, and has certified that the Amendment conforms to the General Plan; and WHEREAS, on May 21, 2002, the City Council and the Agency conducted a joint public hearing on the Amendment which was duly noticed in accordance with the requirements of the Redevelopment Law; and WHEREAS, the City Council and Agency received no written objections to the Amendment at or prior to the joint public hearing on the Amendment. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF REDDING DOES HEREBY ORDAIN AS FOLLOWS: Section 1. In accordance with California Health and Safety Code Sections 33367 and 33457.1, and based upon the evidence contained in the Report on the Amendment and on the evidence presented at the joint public hearing, the City Council finds and determines with respect to the Amendment that: a) The Project Area continues to contain significant blighted properties, the redevelopment of which is necessary to effectuate the public purposes of the Redevelopment Law (see particularly Part II of the Report regarding evidence with respect to this finding). b) The Amendment conforms to the General Plan (see particularly Part VII of the Report regarding evidence with respect to this finding). c) The Amendment would redevelop the Project Area in conformity with the Redevelopment Law and would be in the interest of the public peace, health, safety, and welfare; and the implementation of the Amendment would promote the public peace, health, safety and 920\03\157524.1 2 .' .' . . welfare of the City of Redding, and would effectuate the purposes and policy of the Redevelopment Law (see particularly the Introduction and Parts I and II of the Report regarding evidence with respect to this finding). d) The adoption and implementation of the Amendment are economically sound and feasible (see particularly Part IV of the Report regarding evidence with respect to this finding). e) The Amendment will not affect the status oftax increment financing in the Project Area and, consequently, will not cause significant financial burden or detriment on any taxing agency deriving revenues trom the Project Area (see particularly Part IV of the Report regarding evidence with respect to this finding). f) The Agency has a feasible method of plan for the relocation of families and persons which may be displaced from the Project Area if the Amendment may result in the temporary or permanent displacement of any occupants of housing facilities in the Project Area (see particularly Parts V and XIII of the Report regarding evidence with respect to this finding). g) The condemnation of real property, if any, is necessary to the execution of the Amendment and adequate provisions have been made for payment of property to be acquired as provided by law (see particularly Parts I, II, V, and XIII of the Report regarding evidence with respect to this finding). h) There are, or are being provided, in the Project Area or in other areas not generally less desirable in 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 (see particularly Parts V and XIII of the Report regarding evidence with respect to this finding). i) The City Council is satisfied that permanent housing facilities will be available within three years from the time occupants of the Project Area, if any, are displaced and that pending the development of such facilities there will be available to such displaced occupants housing facilities at rents comparable to those in the community at the time of their displacement (see particularly Parts V and XIII of the Report regarding evidence with respect to this finding). j) The matters set forth in Health and Safety Code Section 33367 (d)(l), (d)(9), (d)(lO), (d)(l I), d(l2) and (d)(l3) are not applicable to or affected by the amendments incorporated in the Amendment, and consequently no further findings with respect to such matters are required (see particularly the Introduction, Parts I, II, VI and XI of the Report regarding evidence with respect to this finding). Section 2. The City Council hereby further finds and determines that the activity is not a "project" as defined in CEQA Guideline 15378 and that there is no potential for causing significant environmental effects, as specified in CEQA Guideline 15061(b)(3) (see particularly Part X of the Report regarding evidence with respect to this finding). 920\03\157524.1 3 .' . . Based on the foregoing, the City Council hereby adopts and approves the Notice of Exemption on the Amendment. Section 3. It is the continuing purpose and intent of the City Council that the Amendment be implemented in order to continue to: a) Eliminate the conditions of blight; b) Ensure, as far as possible, that the causes of the blighting conditions will be either eliminated or protected against; c) Encourage and ensure the redevelopment of the Project Area; and d) Encourage and foster the economic revitalization of the Project Area, as necessary. Section 4. All oral objections to the Amendment are hereby overruled. Section 5. It is hereby found and determined that the Amendment is necessary and desirable. The Plan, all amendments and restatements of the Plan, and all ordinances adopting or previously amending the Plan are hereby amended in accordance with the Amendment. The Amendment is hereby adopted, approved and designated as part of the official redevelopment plan for the Project Area. The Amendment is incorporated in this Ordinance by reference and made a part of the Ordinance as ifset out in full in the Ordinance. The City Clerk of the City of Redding is hereby directed to file a copy of the Amendment with the minutes of this meeting. The Agency is vested with the continuing responsibility to implement the Plan and the Amendment. Section 6. The Executive Director of the Agency is hereby directed to record the Amendment in compliance with the provisions of Health and Safety Code Section 33456 and Government Code Section 27295. Section 7. If any provision, section, subsection, subdivision, sentence, clause or phrase of this Ordinance or the Amendment is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portion or portions of the Ordinance or the Amendment. Section 8. This Ordinance shaH be published once in the Record Searchlight, a newspaper of general circulation printed and published in Shasta County and circulated in the City of Redding within fifteen (15) days from and after its adoption, and shall take effect and be enforced thirty (30) days after its adoption. 9201031157524.1 4 . . I HEREBY CERTIFY that the foregoing ordinance was introduced and read by the City Council at a regular meeting on the 21" day of May 2002; and was duly read and adopted at a regular meeting on the 4th day of June 2002, by the following vote: AYES: NOES: ABSENT: ABSTAIN COUNCIL MEMBERS: Cibula, McGeorge, Pohlmeyer, Stegall and Kight COUNCIL MEMBERS: None COUNCIL MEMBERS: None COUNCIL MEMBERS: None ~ t1;~ Pat Kight, Mayor , 1:-... Form Approved: ~e~~ W. Leonard Wing e Attest: , 9201031157524.1 5 ( . . ; Title or Type of Document: Ordinance No. 2294 Date of Document: Adopted June 4, 2002 Number of Pages (including this page): Six Signers other than City of Redding: None CERTIFICATE OF ACKNOWLEDGMENT STATE OF CALIFORNIA ) ) ss COUNTY OF SHASTA ) On June ~, 2002, before me, Arlene Riley, a Notary Public for the State of California, personally appeared PAT KIGHT, personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity as Mayor of the City of Redding, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. Jij- ~:,~~. -I ~ NaIay IWlc - CaIlfa1ia ~ t _ _ _ ~_c..~;;;:~i