HomeMy WebLinkAboutCDC/2000-19
(See Companion Reso. CDC/2000-18, CDC/2000-20, 2000-186, 2000-187, 2000-188)
RESOLUTION NO. CDC/2000-19
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8 Bernardino
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RESOLUTION OF THE COMMUNITY DEVELOPMENT
COMMISSION OF THE CITY OF SAN BERNARDINO MAKING
CERTAIN FINDINGS REGARDING THE EXISTENCE OF
BLIGHT IN THE REDEVELOPMENT PROJECT AREA AS MORE
PARTICULARLY DESCRIBED IN THE REDEVELOPMENT PLAN
FOR THE 40TH STREET REDEVELOPMENT PROJECT
WHEREAS, the Redevelopment Agency of the Ci ty of San
(the "Agency") has previously taken certain actions in
with the preparation of a Redevelopment Plan for the 40th
10 Street Redevelopment Project (the "Redevelopment Plan") i and
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WHEREAS, pursuant to notice duly given, the Community
13 Development Commission of the City of San Bernardino (the "Community
14 Development Commission") as the governing board of the Agency and the
15 Mayor and Common Council of the City of San Bernardino (the "Common
16 Council") and have held a full and fair joint public hearing on June
17 5, 2000, as continued to June 19, 2000 on the Redevelopment Plan for
18 the 40th Street Redevelopment Project (the "Redevelopment Plan") i and
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20 WHEREAS, the Community Development Commission and the Common
21 Council have received and considered testimony and evidence presented
22 at said joint public hearing concerning the conditions of blight, as
23 defined by the Community Redevelopment Law (California Health and
24 Safety Code Section 33000, et sea.), within the redevelopment project
25 area described in the Redevelopment Plan (the "proj ect Area" )
26 including such evidence as contained in the Joint Public Hearing
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1 Document Binder including the Report to the City prepared by the
2 Agency pursuant to Health and Safety Code Section 33352 and included
3 in the Joint Public Hearing Document Binder under Tab 4; and
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WHEREAS, in connection with its consideration of the
6 Redevelopment Plan, the Agency has caused the preparation and
7 transmittal to various taxing entities a Preliminary Report in
8 accordance with Health and Safety Code Section 33344.5 (the
9 "Preliminary Report"); and
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WHEREAS, the Community Development Commission and Common
12 Council have received and considered testimony and evidence presented
13 at said joint public hearing on the necessity for including the lands
14 within the Project Area for effective redevelopment pursuant to the
15 Redevelopment Plan; and
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17 WHEREAS, prior to the date of adoption of this resolution
18 Joint Public Hearing Document Binder has been prepared and submitted
19 to the Agency for consideration in connection with its consideration
20 of the approval and adoption of the Redevelopment Plan.
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22 NOW, THEREFORE, THE COMMUNITY DEVELOPMENT COMMISSION OF THE
23 CITY OF SAN BERNARDINO DOES HEREBY FIND, RESOLVE, DETERMINE AND ORDER
24 AS FOLLOWS:
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Section 1.
The Community Development Commission hereby
2 finds and determines based upon the material included in the Joint
3 Public Hearing Document Binder under Tab 4: Section A, Section Band
4 Tab 4: Appendix 2 and Appendix 3, and incorporated herein by this
5 reference and the testimony and the evidence presented at the joint
6 public hearing that the Project Area is "predominantly urbanized"
7 within the meaning of Health and Safety Code Section 33320.1. The
8 Agency further finds and determines based upon the Report to the City
9 Council and the testimony and evidence presented at the joint public
10 hearing that the following conditions of blight exist within the
11 Project Area and that the properties within the Project Area (e.g.:
12 234 separate Assessor Parcels for purposes of identification of the
13 privately owned properties)
suffer from economic dislocation,
14 deterioration, or disuse because of one or more of the following
15 factors:
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17 Buildings in which it is unsafe of unhealthy for persons to live
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or work.
These conditions can be caused by serious building
19 code violations, dilapidation and deterioration, defective
20 design or physical construction, faulty or inadequate utilities,
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or other similar factors.
(Health and Safety Code Section
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These conditions are set forth at Tab 4: Section B-8-B-14
and Appendix 3 and Appendix 4. 18 Assessor Parcels in the
Project Area display serious building code violations (7.6%
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109 Assessor Parcels in the Project Area
of the total);
display symptoms of deferred maintenance (46.5% of the
total) ;
24 Assessor Parcels in the Project Area display
symptoms of moderate rehabilitation requirements (10.2% of
the total);
11 Assessor Parcels in the proj ect Area
display symptoms of extensive rehabilitation requirements
(4.7% of the total).
9 Factors that prevent or substantially hinder the economically
10 viable use or capacity of buildings or lots. This condition can
11 be caused by a substandard design, inadequate size given present
12 standards and market conditions, lack of parking, or other
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similar factors.
(Health and Safety Code Section 33031 (a) (2))
These conditions as set forth at Tab 4: Section B-I0-B-12
and Appendix 3 and Appendix 4; 58 Assessor Parcels in the
Project Area display symptoms of defective design (24.7% of
the total);
48 Assessor Parcels in the Project Area
display symptoms of inadequate utilities (20.5% of the
total) .
22 Adjacent or nearby uses that are incompatible with each other
23 and which prevent the economic development of those parcels or
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other portions of the project area.
(Health and Safety Code
25 Section 33031 (a) (3))
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These conditions are set forth at Tab 4: Section B-17-B-1~
and Appendix 3 and Appendix 4. 10 Assessor Parcels in the
Project Area display symptoms of incompatible use (4.2% of
the total) .
6 The existence of subdivided lots of irregular form and shape and
7 inadequate size for proper usefulness and development that are
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(Health and Safety Code Section
in multiple ownership.
9 33031 (a) (4)) .
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These conditions are set forth at Tab 4: Section B-18-B-19
and Appendix 3 and Appendix 4. 25 Assessor Parcels in the
Project Area display these symptoms (10.6% of the total).
15 Depreciated or stagnant property values or impaired investments.
16 (Health and Safety Code Section 33031 (b) (1))
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These conditions are set forth at Tab 4: Section B-19-B-22.
It is noted that the assessed valuation of property in the
Project Area for property tax purposes has decreased in the
aggregate by 11% between Fiscal Year 1994-95 to Fiscal year
1999-2000, whereas assessed valuation of property has
increased during the same period in the City by 4.4% and
likewise have increased during the same period in the
County of San Bernardino by 8.5%. In similar fashion the
volume of taxable retail sales in the Project Area has
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shown a decrease of 10.1% between calendar year 1993 and
calendar year 1998 while such taxable retail sales have
shown an increase in the City of San Bernardino of 16.8%
and an increase in the County of San Bernardino of 34.8%
during the same period.
7 Abnormally high business vacancies, abnormally low lease rates,
8 high turnover rates, abandoned buildings, or excessive vacant
9 lots wi thin an area developed for urban use and served by
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(Health and Safety Code Section 33031(b) (2))
utilities.
These conditions are set forth at Tab 4: Section B-22-B-24
and Appendix 2 and Appendix 3.
Commercial property
underutilization and abandonment is very high and is
illustrated in Table B-4 at Tab 4: Section B-24.
17 A high crime rate that constitutes a serious threat to the
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(Health and Safety Code Section
public safety and welfare.
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These conditions are set forth at Tab 4: Section B-24-B-26.
The Community Development Commission specially notes that
several interested persons who provided testimony at the
joint public hearing expressed, concerns about a high rate
of crime in the Project Area and these interested persons
associated a high rate of crime with the deteriorated
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housing conditions in neighborhoods inside and adjacent to
the Project Area.
Section 2.
The Community Development Commission hereby
5 finds and declares that the conditions within the Project Area have
6 caused a reduction of proper utilization in the Project Area to such
7 an extent that the City of San Bernardino, is confronted by blight and
8 a serious physical, social and economic liability which cannot
9 reasonably be expected to be reversed or alleviated by private
10 enterprise acting alone, and the conditions present within the Project
11 Area require the use of redevelopment powers in the interest of the
12 health, safety and general welfare of the people of the Town and the
13 State of California.
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The Community Development Commission hereby finds and
16 declares that although the Project Area may include some lands which
17 are not detrimental to the public health, safety or welfare,
18 nevertheless, it is necessary to include such lands within the Project
19 Area for effective redevelopment of all the lands in the Project Area
20 as a whole. The Community Development Commission further finds that
21 the non-contiguous portion of the Project Area generally situated
22 along 49th Street contains residential use properties and that a
23 substantial number of these properties are abandoned and boarded-up
24 to prevent entry by unauthorized persons and that a substantial number
25 of the buildings in this non-contiguous portion of the Project Area
26 display symptoms of deterioration, the presence of inoperable motor
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1 vehicles, unmaintained or non-existing landscaping and other symptoms
2 of blight and deterioration (See Tab 4: Section B-IO and Appendix 2
3 and Appendix 3).
No land which is not detrimental to the public
4 health, safety or welfare is included in the Project Area for the
5 purpose of obtaining the allocation of tax increment revenues from
6 such land without other substantial justification for its inclusion.
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The Community Development Commission further finds and
9 determines that the historic patterns of land-ownership and the
10 inadequacy of the existing infrastructure severely restrict the
11 rehabilitation and reuse potential of a significant portion of the
12 private property located in the proj ect Area. This severe restriction
13 upon rehabilitation and reuse potential has resulted in an
14 underutilization of property, has contributed to the conditions of
15 blight present within the Project Area and has restricted the ability
16 of the community to attract new commercial enterprises and new
17 purchasers of owner occupied housing to the Project Area and into the
18 residential neighborhoods adj acent to the Project Area. The Community
19 Development Commission hereby finds that without redevelopment
20 assistance, the private sector cannot reasonably be expected to take
21 full advantage of development opportunities which are necessary to
22 reverse the conditions of blight which affect the Project Area.
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24 It is hereby further found and declared that it is necessary
25 to include all of the land within the Project Area and remedy the
26 problems associated with blight and to alleviate the presence of
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1 blight.
The principal characteristics of blight which affect the
2 proj ect Area include the symptoms set forth in Section 1 of this
3 Resolution and an associated prevalence of depreciated property
4 values, impaired investment and social and economic maladjustment and
5 a substantial lack of the necessary public infrastructure facilities
6 which cannot be remedied by private or governmental action without
7 redevelopment.
These problems have historically caused private
8 property owners, existing business tenants and developers who may be
9 capable of redeveloping portions of the Project Area to forego bypass
10 development opportunities in the lands included in the Project Area
11 in preference to other areas in the City of San Bernardino or in other
12 communities which do not present similar development constraints,
13 including the community's perception of higher rates of crime which
14 are believed to be present in the Project Area. Without redevelopment
15 assistance, particularly in the area of financing certain regional and
16 local public improvements such as streets, sewers, public utilities
17 and storm drainage improvements, economic conditions in the Project
18 Area are unlikely to permit full realization of property values within
19 a commercially reasonable time frame. The economic conditions which
20 prevent the orderly reuse and redevelopment and utilization of lands
21 within the Project Area may spread and negatively impact surrounding
22 areas if redevelopment activities are not directed toward alleviating
23 the problems burdening the proj ect Area.
Without some form of
24 assistance which may be provided through redevelopment acti vi ties, the
25 development of the Project Area in a manner consistent with the goals
26 and objectives of the General Plan of the City of San Bernardino may
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1 not be achievable. Unless the Agency intervenes to provide some form
2 of assistance to finance the reuse and redevelopment authorized by the
3 General Plan of the City of San Bernardino as well as encourage the
4 development of new long-term employment opportunities, the lands
5 included within the Project Area will further stagnate and
6 deteriorate.
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Section 3.
The Agency hereby approves the Report to the
9 City Council included in the Joint Public Hearing Document Binder
10 under Tab 4 and incorporated herein by reference, and accepts and
11 adopts all the conclusions and factual findings as stated herein.
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Section 4.
The Agency hereby approves the Preliminary
14 Report as contained in the Joint Public Hearing Document Binder under
15 Tab 4: Section G and hereby ratifies its transmittal to the affected
16 taxing agencies.
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Section 5.
The Agency Secretary is hereby authorized and
19 directed to transmit a copy of this Resolution to the Common Council,
20 and hereby recommends that the Common Council approve the Report to
21 the City Council included in the Joint Public Hearing Document Binder
22 under Tab 4 and take
23 the circumstances.
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whatever other actions deemed appropriate under
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CDC/2000-19
1 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN
BERNARDINO MAKING CERTAIN FINDINGS REGARDING THE EXISTENCE OF BLIGHT
2 IN THE REDEVELOPMENT PROJECT AREA AS MORE PARTICULARLY DESCRIBED IN
THE REDEVELOPMENT PLAN FOR THE 40TH STREET REDEVELOPMENT PROJECT
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Section 6.
This Resolution shall take affect upon
5 adoption.
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I HEREBY CERTIFY that the foregoing Resolution was duly
8 adopted by the Community Development Commission of the City of
9 San Bernardino at a
Joint Regular
meeting thereof, held on
10 the 19th
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12 Commission
ESTRADA
13 LIEN
MCGINNIS
14 SCHNETZ
SUAREZ
15 ANDERSON
McCAMMACK
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day of June, 2000, by the following vote, to wit:
ABSTAIN
ABSENT
AYES
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NAYS
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~~ 42.~
Sec tary
The foregoing Resolution is hereby approved this ,;;)3
of June, 2000.
day
~(~~~
\ ~
Esther Estrada, Vice-Chair
Community Development Comm.
of the City of San Bernardino
Approved as to form
and legal content:
By:
25 Agency Counsel
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,
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1 STATE OF CALIFORNIA
COUNTY OF SAN BERNARDINO
2 CITY OF SAN BERNARDINO
ss
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I, Secretary of the Community
Development Commission of the City of San Bernardino, DO HEREBY
CERTIFY that the foregoing and attached copy of Community Development
Commission of the City of San Bernardino Resolution No. is
a full, true and correct copy of that now on file in this office.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed
the official seal of the Community Development Commission of the City
of San Bernardino this day of June, 2000.
~b,~
Sec tary of the
Community Development Commission
of the City of San Bernardino
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