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HomeMy WebLinkAboutOrdinances_2703 ORDINANCE NO 2703 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF REDLANDS APPROVING AND ADOPTING THE REDEVELOPMENT PLAN FOR THE NORTH REDLANDS REVITALIZATION PROJECT WHEREAS, in response, in part, to the request by various citizens groups and local interest the City Council (the "City Council") of the City of Redlands (the "City") and the Redevelopment Agency of the City of Redlands (the "Agency") are undertaking proceedings to adopt the Revitalization Plan (the "Plan") for the North Redlands Revitalization Project (the "Project") pursuant generally to provisions contained within the California Community Redevelopment Law (the "CCRL", being Section 33000 et seq of the Health and Safety Code) and specifically pursuant to CCRL Sections 33365 and 33367, and WHEREAS, the City Council has received the Plan from the Agency, a copy of which is on file at the office of the City Clerk together with the Agency's Report to the City Council required by CCRL Section 33352 (the "Report to Council") which includes 1) the reasons for the Project, ii) a description of the physical and economic conditions existing on the territory contained within the area of the Project (the "Project Area"), ni) an implementation plan, iv) an explanation of why the elimination of blight and the redevelopment of the Project Area cannot reasonably be expected to be accomplished by private enterprise action alone or by the use of alternative financing, v) the proposed method of financing the redevelopment of the Project, vi) a plan for the relocation of families and persons who may be temporarily or permanently displaced from housing facilities in the Protect Area, vii) an analysis of the preliminary plan required by CCRL Sections 33322, et seq , vui) the report and recommendations of the Planning Commission of the City (the "Planning Commission"), ix) reports required by Section 65402 of the Government Code, Section 21151 of the Public Resources Code, and CCRL Section 33328, x) a neighborhood impact report, and xi) the Agency's analysts of the report required by CCRL Section 33328, including a summary of consultations with taxing agencies, and WHEREAS, the City Council has determined that a Protect Area Committee (PAC) was not required pursuant to the CCRL, however, the Agency did conduct public workshops and transmitted information about the Protect specifically and redevelopment generally to property and business owners, and tenants affected by the Project, and WHEREAS, the Planning Commission submitted to the City Council its report and recommendations concerning the Plan with its finding that the Plan conforms to the City's General Plan and recommended Plan adoption, and WHEREAS the City Council and the Agency held a joint public hearing on the adoption of the Plan on June 17, 2008 in the City Council Chambers, Redlands City Hall located at 35 Cajon Street, Redlands, California, 92373, for the purpose of hearing public testimony about the Project and the Plan, and the procedures implemented to prepare and adopt the same, and WHEREAS, notice of said hearing was duly and regularly published in a newspaper of general circulation in the City, once a week for four successive weeks prior to the date of said hearing, and a copy of said notices and affidavits 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 as shown on the last equalized assessment roll of the 2703 NRRP doo Page 2 County of San Bernardino for each parcel of land in the Project Area, and to all residents and businesses within the Project Area at least 30 days prior to the joint public hearing and were further posted in the Project, and WHEREAS, each assessee in the Project Area whose property could be acquired under the provisions of the Plan was sent a notice to such effect attached to the notice of the joint public hearing, including a map of the 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 WHEREAS, the Agency and the City Council have each independently found and determined that, for certain significant impacts identified by the Final Environmental Impact Report (EIR), prepared in accordance with the requirements of the California Environmental Quality Act (CEQA), mitigation measures and a monitoring program therefor have been required in, or incorporated into, the Project which avoid or substantially lessen such effects except for impacts to air quality, and WHEREAS, as to the unavoidable impacts to air quality identified in the Final EIR which were not eliminated or substantially lessened, the Council adopted a Statement of Overriding Considerations pursuant to CEQA, and specifically CEQA Guidelines, Title 14, California Code of Regulations, Section 15093, and WHEREAS, the Agency and City Council have each independently found and determined, based, in part, upon input received by the Planning Commission which body reviewed the Draft EIR, that potential mitigation measures or project alternatives not incorporated into the Project (including the "No Project" alternative) were infeasible based upon specific economic, social or other considerations as set forth in the Final EIR and the "Findings of Fact," which is Exhibit A to the Agency's and City's resolutions certifying the Final EIR, and WHEREAS, the Agency, as the lead agency, and the City, as a responsible agency, have certified the adequacy of the Final EIR submitted pursuant to CEQA, and specifically Public Resources Code Section 21151, and WHEREAS, the City Council has considered the report and recommendation of the Planning Commission, the Agency's Report to Council and recommendation for Plan adoption the Plan and its economic feasibility, and the Final EIR, has provided an opportunity for all persons to be heard, and has received and considered all evidence and testimony presented for or against any and all aspects of the Plan, and, as appropriate, has made written findings in response to each written objection of an affected property owner and taxing entity filed with the City Clerk prior to the conclusion of the joint public hearing (to the extent any such written objections were received) NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF REDLANDS HEREBY ORDAINS AS FOLLOWS SECTION 1 The above facts are true and correct and a substantive part of this Ordinance 2703 NRRP doc Page 3 SECTION 2 The purposes and intent of the City Council with respect to the Project Area are to accomplish the following Encourage employment opportunities through environmental and economic improvements resulting from the redevelopment activities, including, without limitation to a Provide for the rehabilitation of commercial structures and residential dwelling units b Provide for participation in the redevelopment of property in the Project Area by owners who agree to so participate in conformity with this Plan c Provide for the management of property owned or acquired by the Agency d Provide relocation assistance where Agency activities result in displacement e Provide public infrastructure improvements and community facilities, such as the installation, construction and/or reconstruction of streets, utilities, public buildings, facilities, structures, street lighting, landscaping and other improvements which are necessary for the effective improvement of the Protect Area f Increase, improve and preserve the community's supply of housing affordable to persons of low- to moderate- income g Acquire real property h Dispose of real property acquired by the Agency in the Protect Area i Encourage the redevelopment of the Project Area through the cooperation of private enterprise and public agencies SECTION 3 As warranted by the Plan and based upon the record of the joint public hearing on the Plan, and the various reports and other information provided to the Planning Commission the Agency and the City Council including but not limited to the Agency's Report to Council prepared in connection with the Plan, and all documents referenced therein, the City Council hereby finds and determines that a The evidence upon which the below determinations are made is clearly articulated and fully documented and is specific and quantifiable in full compliance with all laws and regulations b The Project Area is a blighted area, which constitutes physical and economic liabilities, the redevelopment of which is necessary to effectuate the public purposes declared in the CCRL The Project Area is characterized by a combination of conditions which are so prevalent and so substantial that it causes a reduction of, and lack of, proper utilization of the area to such an extent that it constitutes a serious physical and economic burden on the community which cannot be expected to be reversed or alleviated by private enterprise of governmental action, or both without redevelopment This finding is based, in part, on the information and analysis contained in the Report to Council, and on the fact that governmental action available to the City without 2703 NRRP doc Page 4 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 and other actions 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 c The Plan would redevelop the Project Area in conformity with the CCRL and in the interests of the public peace, health, safety and welfare The implementation of the Plan, will assist in the elimination of conditions of blight within the Project Area and prevent their reoccurrence The Plan provides for the installation and construction of public improvements and community facilities The Plan also provides for the rehabilitation of public and private structures, provision of low- and moderate-income housing and economic development These improvements and programs are essential to encouraging private investment and eliminating the conditions of blight in the Project Area and preventing their recurrence d The adoption and implementation of the Plan is economically sound and feasible Under the Plan the Agency will be authorized to seek and utilize a variety of potential financing resources, including property tax increment revenues The nature and timing of redevelopment activities will depend on the amount and availability of such financing resources, including tax increment revenue generated in the Project Area No redevelopment activity will be undertaken unless the Agency can demonstrate that it has adequate revenue to finance the activity and that sufficient public and private financial resources, when taken together with tax increment revenue, will be available to carry out the proposed redevelopment activities of the Agency The Agency will issue its tax increment bonds or other obligations payable from tax increment revenues only when such revenues are projected to be available to the Agency in amounts sufficient to pay for the principal of and interest on such bonds and other obligations In addition, there are available to the Agency other methods of financing its redevelopment activities, including but not limited to bonds issued pursuant to CCRL Section 33750 or 33641(d) The Agency may receive financial assistance from the County of San Bernardino State of California, the federal government, and any other public agency As available, other funds also may be used to pay the costs of the Agency's redevelopment activities including but not limited to, a variety of federal and State programs through which loans or grants to the Agency would be possible e The Plan conforms to the City's General Plan, including but not limited to the General Plan's Housing Element, which substantially complies with the requirements of Article 10 6 (commencing with Section 65580) of Chapter 3 of Division 1 of Title 7 of the Government Code, as set forth in the findings of the Planning Commission in Resolution No 1159 adopted April 22 2008 The Plan proposes land uses and public improvements contemplated by the General Plan and the goals and objectives and policies of the General Plan f The implementation of the Plan would promote the public peace, health, safety and welfare of the community, and would effectuate the purposes and policies of the CCRL The implementation of the Plan will assist in the elimination of conditions of blight within the Project Area The Plan provides for the installation and construction of public improvements and community facilities The Plan also provides for the rehabilitation of public and private structures, provision of low-and moderate-income housing and economic development 2703 NRRP doc C Page 5 g The Plan does not allow for the Agency to condemn any property The Plan makes adequate provisions for payment for property to be acquired as provided by law h Although the Agency intends to accomplish all redevelopment pursuant to the Plan with as little displacement of families and persons as possible, the Agency has a feasible method or plan for the relocation of families and persons displaced from the Project Area if the Plan may result in the temporary or permanent displacement of any occupants of housing facilities in the Project Area The Agency has adopted a method of relocation for the Project Area which incorporates the California Relocation Assistance and Real Property Acquisition Guidelines i If any displacement occurs as the result of implementation of the Plan there are, or shall be 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 j Families and persons shall not be displaced prior to the adoption of a relocation plan pursuant to CCRL Sections 33411 and 33411 1 Dwelling units housing persons and families of low or moderate income shall not be removed or destroyed prior to the adoption of a replacement housing plan pursuant to CCRL Section 33334 5, 33413 and 33413 5 The Agency has adopted a method of relocation for the Project Area which incorporates the California Relocation Assistance and Real Property Acquisition Guidelines The method provides that no persons or families of low and moderate income shall be displaced unless and until there is a suitable housing unit available and ready for occupancy by such displaced person or family at rents comparable to those at the time of their displacement k The Project Area includes one non-contiguous area identified as "Sub-Area B" in the Plan As described in the Report to Council, this is a blighted area as defined in CCRL Section 33031 This area is not included in the Project Area for the purpose of obtaining the allocation of taxes pursuant to CCRL Section 33670 1 Inclusion of lands, buildings, or improvements which are not detrimental to the public health, safety, or welfare is necessary for the effective redevelopment of the area of which they are a part, any such 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 CCRL Section 33670 Any such lands, buildings or improvements are an integral part of the Project Area and their proximity to substandard lands, buildings or improvements requires their inclusion within the Protect Area to ensure proper and comprehensive planning and redevelopment Since conditions of blight, including substandard structures and inadequate public improvements, are prevalent throughout the Project Area, it is not feasible to exclude the lands, buildings, or improvements which are not detrimental to the public health, safety and welfare m The elimination of blight and the redevelopment of the Project Area could not be reasonably expected to be accomplished by private enterprise acting alone without the aid and assistance of the Agency Public improvements must be constructed to assist in 2703 NRRP doc Page 6 the elimination of the conditions of blight in the Project Area The extent of the required public improvements cannot be accomplished by private enterprise acting alone The detrimental conditions of inadequate infrastructure greatly impede the Project Area's proper utilization and its ability to develop and address conditions of blight Further, conditions of blight will not be eliminated in the Project Area by private enterprise acting alone Without Agency involvement, the Project Area will continue to be at a competitive disadvantage vis-a-vis other locations for the reasons described in this paragraph n As described in the Report to Council, the Project Area is predominantly urbanized, as defined by CCRL Section 33320 1(b) o The time limitations and limitation on the number of dollars to be allocated to the Agency that are contained in the Plan with respect to the Project Area are reasonably related to the proposed projects to be implemented in the Project Area, and are reasonably related to the ability of the Agency to eliminate blight within the Project Area p The implementation of the Plan will improve or alleviate the physical and economic conditions of blight in the Project Area This is based on information contained in the Report to Council as well as other evidentiary material before the City Council as described herein The Report to Council describes that there are existing physical and economic conditions of blight in the Project Area, how implementation of the Plan can alleviate these conditions, and that Plan implementation is financially feasible q Based upon the record of the joint public hearing held on the Plan and the various reports and other information provided to the City Council, the City Council is satisfied that permanent housing facilities will be available within three years from the time occupants of the Project Area may be displaced and that pending the development of such facilities there will be available to such occupants who may be displaced adequate temporary housing facilities at rents comparable to those in the City and in the County, as applicable, at the time of their displacement SECTION 4 The City Council is satisfied that its findings and determinations, as set forth above, are all the findings and determinations warranted under CCRL Section 33367 by the Plan SECTION 5 In accordance with CCRL Section 33342 7, a description of the Agency's program and authority, if any, to acquire property by eminent domain within the Project Area is set forth in its entirety in Sections 403 and 404 of the Plan, which has been incorporated herein The Agency's program barring acquisition of real or personal property by eminent domain may be amended only by amending the Plan pursuant to the requirements of CCRL Section 33450, et seq SECTION 6 The Plan, which is hereby incorporated by reference, is hereby approved and adopted and hereby designated as the official redevelopment plan for the North Redlands Revitalization Project SECTION 7 The City Clerk is hereby authorized and directed to certify to the passage of this Ordinance by the City Council and shall cause it to be published as required by law 2703 NRRP doc Page 7 SECTION 8 The City Council hereby authorizes and directs Agency and City officers and staff to take any and all actions necessary or appropriate to implement the provisions of this Ordinance SECTION 9 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 Plan SECTION 10 The City Clerk is hereby directed to record with the County Recorder of San Bernardino County 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 CCRL SECTION 11 The Building Department of the City is hereby directed for a period of two (2) years after the effective date of this Ordinance to advise all applicants for building 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 12 The City Clerk is hereby directed to transmit a copy of the description and statement recorded by the City Clerk pursuant to Section 8 of this Ordinance, a copy of this Ordinance, and a map or plat indicating the boundaries of the Project Area, to the Auditor- Controller and Assessor of San Bernardino County, to the governing body of each of the taxing agencies which receives taxes from property within the Project Area, and to the State Board of Equalization, within thirty (30) days following the adoption of the Plan SECTION 13 If any part of this Ordinance or the 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 Plan, and this City Council hereby declares that it would have passed the remainder of the Ordinance or approved the remainder of the Plan if such invalid portion thereof had been deleted In the event that any portion of the Project Area shall be determined to have been invalidly or incorrectly included in the Project Area, such invalidly or incorrectly included portion of the Project Area shall be deemed severable from the remainder of the Project Area, and the remainder of the Project Area shall remain fully subject to the provisions of the Plan SECTION 14 This Ordinance shall be in full force and effect thirty (30) days after passage The foregoing Ordinance was introduced at a regular meeting of the City Council of the City of Redlands held on the 1st day of July, 2008, and adopted at a regular meeting of said City Council held on the 15th day of July, 2008 a Mayo ATTEST Lor 'e Poyzer, C erk 2703 NRRP doc Page 8 STATE OF CALIFORNIA } COUNTY OF SAN BERNARDINO }ss CITY OF REDLANDS } I, Lorrie Poyzer, City Clerk of the City of Redlands, do hereby certify the foregoing ordinance was duly introduced at a regular meeting of the City Council of the City of Redlands held on the 1 st day of July, 2008, and adopted at a regular meeting of said City Council held on the 15th day of July, 2008 by the following vote AYES Councilmembers Gilbreath, Gallagher, Aguilar, Bean, Mayor Harrison NOES None ABSTAIN None ABSENT None City C rk 1,Lome Paymr Cjjy C*wk oethe CXy of Redlands Capfpnnia,do hereby►cerWy-that then is a true and cnrract ca�pyr of 00AWWO No. 2 es which has been punoe. 1,or a sw nary theraK � In npauarat to law _y C-Ity8 �• tY°f 2703 NRRP doc