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HomeMy WebLinkAboutCDC/2001-34 RESOLUTION NO. CDC/2001-34 2 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO, MAKING A FINDING THAT CONDITIONS OF BLIGHT BURDEN THE REDEVELOPMENT PROJECT AREA OF THE CENTRAL CITY SOUTH REDEVELOPMENT PROJECT, APPROVING THE SECTION 33352 REPORT TO THE MAYOR AND COMMON COUNCIL ON THE 2001 EMINENT DOMAIN AMENDMENT TO THE REDEVELOPMENT PLAN FOR THE CENTRAL CITY SOUTH REDEVELOPMENT, APPROVING THE 2001 EMINENT DOMAIN AMENDMENT TO THE REDEVELOPMENT PLAN AND RECOMMENDING THE CERTIFICATION OF THE ADDENDUM TO THE 1976 ENVIRONMENTAL IMPACT REPORT 3 4 5 6 7 8 9 WHEREAS, the City of San Bernardino ("City") is a charter city organized and existin under the Constitution and laws of the State of California; and 10 II WHEREAS, the Redevelopment Agency of the City of San Bernardino ("Agency") is 12 public body corporate and politic, organized and existing under the California Communit 13 Redevelopment Law, Health and Safety Code Sections 33000, et seq. ("CRL"); and 14 WHEREAS, the Community Development Commission of the City of San Bernardin (the "Commission") is the governing board of the Agency; and WHEREAS, the Mayor and Common Council of the City ("Common Council"), b adoption of Ordinance No. 3572 on May 3, 1976, approved and adopted the Redevelopment PIa for the Central City South Redevelopment Project ("Original Plan"); and WHEREAS, the Common Council, by adoption of Ordinance No. MC_564 on Decembe 8, 1986, approved and adopted the First Amendment to the Original Plan ("First Amendment"); 15 16 17 18 19 20 and 21 WHEREAS, the Mayor and Common Council, by adoption of Ordinance No. MC_72 on April 2, 1990, approved and adopted the Second Amendment to the Original Plan, a amended ("Second Amendment"); and 22 23 24 25 -1- CDC/2001-34 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 WHEREAS, the Common Council, by adoption of Ordinance No. MC_919 on Decembe 20, 1994, approved and adopted the Third Amendment to the Original Plan, as amended ("Thir Amendment"); and WHEREAS, the Original Plan, as amended by the First Amendment, Secon Amendment, and Third Amendment is hereinafter referred to as the Redevelopment Plan; and WHEREAS, the Redevelopment Plan delineates the redevelopment project area for th Central City South Redevelopment Project (the "Project Area"); and WHEREAS, the Commission and Common Council have initiated proceedings for th adoption of a further amendment to the Redevelopment Plan entitled "2001 Eminent Domai Amendment to the Redevelopment Plan for the Central City South Redevelopment Project" (th "2001 Amendment"); and WHEREAS, the 2001 Amendment shall reinstate the Agency's eminent domain authorit with respect to all non-residentially used or occupied property in the Project Area for a twelv (12) year period, commencing on the date of adoption of the Ordinance of the Common Counci approving the 2001 Amendment; and WHEREAS, the Commission consented to hold a joint public hearing with the Mayo and Common Council with respect to the 2001 Amendment, at which hearing any and all person having any objection to the 2001 Amendment, the proposed Addendum to the 197 Environmental Impact Report for the Redevelopment Plan for the Original Plan (the "Addendu to the 1976 EIR"), or the regularity of any prior proceedings concerning the 2001 Amendment was allowed to appear before the Common Council and show cause why the 2001 Amendmen should not be adopted; and WHEREAS, notice of the joint public hearing of the Commission and Common Counci with respect to the 2001 Amendment and the Addendum to the 1976 EIR was prepared published and served by United States Mail in accordance with applicable law and a copy of th affidavit of publication of such public notice and a declaration of service by United States Mai of such public notice is on file in the Office of the City Clerk; and -2- CDC/2001-34 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 WHEREAS, the joint public hearing of the Commission and Common Council was dul held on August 20, 2001; and WHEREAS, the Agency prepared the text of the 2001 Amendment as on file with th City Clerk; and WHEREAS, the Agency staff prepared a document entitled "Report to the Mayor an Common Council on the 2001 Eminent Domain Amendment to the Redevelopment Plan for th Central City South Redevelopment Project" (the "33352 Report"); and WHEREAS, the Commission has considered the information set forth in the Initial Stud prepared for the 2001 Amendment and the accompanying Addendum to the 1976 EIR i accordance with CEQA Guidelines Section 15164 finding that the 2001 Amendment shall no result in any new significant environmental effect or increase in severity of a previous 1 identified environmental effect that would require major revisions to the 1976 EIR; and WHEREAS, the 2001 Amendment: (i) does not change the boundaries of the Project Area; (ii) does not modify the applicable limitations in the Redevelopment Plan 0 indebtedness that the Agency may incur for the redevelopment of the Project Area; (iii) does not modify or affect any provision of the Redevelopment Plan relating to th allocation of taxes; (iv) shall not result in the displacement of any person from a residential dwelling uni by means of the Agency's exercise of the power of eminent domain to acquire any interest i property; and (v) apart from the reinstatement of the power of the Agency to acqmre residentially used or occupied property in the Project Area for a twelve (12) year period of tim following the date of adoption of the Ordinance, the 2001 Amendment shall not affect any othe provision of the Redevelopment Plan; WHEREAS, all legal prerequisites of the Commission and the Common Council to th passage of this Ordinance have been satisfied in accordance with applicable law. -3- CDC/2001-34 NOW, THEREFORE, THE COMMUNITY DEVELOPMENT COMMISSION OF TH 2 CITY OF SAN BERNARDINO DOES HEREBY ORDER AND RESOLVE AS FOLLOWS: 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 SECTION 1. The purposes and intent of the Commission with respect to the 2001 Amendment is to reinstate the power of the Agency to acquire certain property by exercise 0 eminent domain authority with respect to non-residential property in the Project Area, as se forth in the 2001 Amendment, and thereby protect and promote the sound redevelopment of th Project Area and the general welfare of the inhabitants of the City by providing a method of non residential property acquisition through the potential use of eminent domain for the Agency t assemble parcels and attract redevelopment interest and investment by owner participants an developers of land, who have entered into agreements and covenants on acceptable terms to th Agency for the redevelopment of such land, consistent with the Redevelopment Plan, the City' General Plan and applicable zoning regulations. SECTION 2. Based on all public comments, both written and oral, received submitted at or prior to the joint pubic hearing of the Commission and Common Council 0 August 20, 2001; all staff reports and consultant reports prepared by or at the direction of th Agency and the City; the staff and consultants' presentations submitted at the joint publi hearing, including without limitation the visual display of maps, graphs, charts and photograph and the oral comments of interested persons submitted to the Commission and the Commo Council at the joint public hearing; the 33352 Report; the Initial Study and the Addendum to th 1976 EIR and the comments as submitted with respect to the Addendum to the 1976 EIR and th text of the 2001 Amendment, the Commission hereby finds and determines that: (i) the Project Area continues to display conditions of blight and the Project Are remains as a blighted area, the redevelopment of which is and remains necessar to effectuate the public purposes of the CRL. This finding is based in part on th research and facts set forth in the 33352 Report; (ii) the 2001 Amendment to the Redevelopment Plan shall assist the Agency t correct and eliminate the spread of blight in the Project Area from commerciall -4- CDC/2001-34 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 zoned and used lands into residentially zoned and used lands in the Project Are by means of assisting owner participants under the terms of specifi redevelopment agreements and covenants acceptable to the Agency to consolidat parcels, eliminate obsolete or blighted structures or conditions on commercial us property and preserve and create new employment and private capital investmen in the Project Area and assisting owner participants and developers under th terms of specific redevelopment agreements and covenants acceptable to th Agency to consolidate parcels, eliminate obsolete structures or conditions 0 commercial use property and preserve and create new employment and privat capital investment in the Project Area. SECTION 3. The Commission hereby acknowledges its receipt and approval of th 33352 Report. The Commission hereby requests the Common Council to consider and approv the 33352 Report in the form as submitted at the joint public hearing for the adoption of the 2001 Amendment to the Redevelopment Plan. SECTION 4. Prior to the opening of the joint public hearing at which this Resolution i adopted, the Commission received the Initial Study prepared by the Economic Developmen Agency of the City of San Bernardino regarding the 2001 Amendment. The Commissio independently reviewed the Initial Study. In its independent discretion, the Common Counci hereby finds and determines that the Initial Study adequately describes the 2001 Amendment an accurately identifies and assessed all of the potentially significant environmental effects 0 impacts of the implementation of the 2001 Amendment. The Common Council further finds an determines that, in 1976, a Program Environmental Impact Report ("1976 EIR") was certified i conjunction with the adoption of the Original Plan. In 1976, there was no time limit on th exercise of the power of eminent domain within the Project Area by the Agency. Subsequently, the California Legislature imposed a statutory time limit on the exercise of the power of eminen domain within the Project Area by the Agency. The imposition of this statutory time limit ha occasioned the 2001 Amendment to extend the time during which the Agency may exercise th power of eminent domain within the Project Area. In 1976, it was contemplated that the Agenc -5- CDC/2001-34 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 would be able to exercise of the power of eminent domain within the Project Area for the life 0 the Original Plan. Thus, the 2001 Amendment to extend the time during which the Agency ma exercise of the power of eminent domain within the Project Area does not present any ne significant environmental effects or any differences in the severity of previously identifie environmental effects and no new information that was not and could not have been known whe the 1976 EIR was certified shows any new significant environmental effects or any differences i the severity of previously identified environmental effects would result from the implementatio of the 2001 Amendment. Therefore, the Commission further finds and determines that there ar no new significant environmental effects or any differences in the severity of environmenta effects associated with the implementation of the 2001 Amendment from those identified in th 1976 EIR requiring major revisions to the 1976 EIR, under Public Resources Code Sectio 21166 and Title 14 California Code of Regulations Section 15162. The Commission furthe finds and determines that no new information that was not and could not have been known whe the 1976 EIR was certified has become available showing that the implementation of the 2001 Amendment will have any new significant environmental effects or cause any differences in th severity of previously identified environmental effects requiring major revisions to the 1976 EIR, under Public Resources Code Section 21166 and Title 14 California Code of Regulations Sectio 15162. Based on the Initial Study regarding the 2001 Amendment and the findings an determinations of the Commission set forth herein, the Commission hereby finds and determine that no revision or supplement to the 1976 EIR and no subsequent environmental impact report i required under the California Environmental Quality Act (Public Resources Code Section 21000 et seq.) for the adoption of the 2001 Amendment or the request of the Commission that th Common Council adopt an Ordinance approving and adopting the 2001 Amendment. Th Commission further finds and determines that it is appropriate for the City to attach the Initia Study to the 1976 Program EIR, as an Addendum, under Title 14 California Code of Regulation Section 15164. The Commission hereby requests the Common Council to consider thos findings and recommendations of the Commission relating to the Addendum to the 1976 EIR an to certify the Addendum to the 1976 EIR, in accordance with Public Resources Code Sectio -6- CDC/2001-34 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 21152 and Title 14 California Code of Regulations Sections 15096(i) and 15094, and to attac the Initial Study to the 1975 EIR, as an Addendum, under Title 14 California Code 0 Regulations Section 15164. SECTION 5. The Commission hereby approves and adopts the 2001 Amendment, copy of which is on file with the Agency Secretary, and which 2001 Amendment is incorporate herein by this reference, and the Commission designates the Redevelopment Plan, as amende by the 2001 Amendment (hereinafter, the "Amended Redevelopment Plan") as the officia redevelopment plan for the Central City South Redevelopment Project subject to the adoption 0 an appropriate Ordinance of the Common Council which approves and adopts the 2001 Amendment and the Amended Redevelopment Plan. SECTION 6. If any section, subsection, subdivision, sentence, clause, phrase, or portio of this Resolution, is, for any reason, held to be invalid or unconstitutional by the decision of an court of competent jurisdiction, such decision shall not affect the validity of the remainin portions of this Resolution. The Commission hereby declares that it would have adopted thi Resolution and each, section subdivision, sentence, clause, phrase, or portion of this Resolution irrespective of the fact that one or more sections, subdivisions, sentences, clauses, phrases, 0 portions of this Resolution be declared invalid for any reason. IIII IIII IIII IIII IIII IIII IIII IIII IIII IIII -7- RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO, MAKING A FINDING THAT CONDITIONS OF BLIGHT BURDEN THE REDEVELOPMENT PROJECT AREA OF THE CENTRAL CITY SOUTH REDEVELOPMENT PROJECT, APPROVING THE SECTION 33352 REPORT TO THE MAYOR AND COMMON COUNCIL ON THE 2001 EMINENT DOMAIN AMENDMENT TO THE REDEVELOPMENT PLAN FOR THE CENTRAL CITY SOUTH REDEVELOPMENT, APPROVING THE 2001 EMINENT DOMAIN AMENDMENT TO THE REDEVELOPMENT PLAN AND RECOMMENDING THE CERTIFICATION OF THE ADDENDUM TO THE 1976 ENVIRONMENTAL IMPACT REPORT 2 3 4 5 6 7 CDC/2001-34 8 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Communit Development Commission/Mayor and Common Council of the City of San Bernardino at a j t. 9 reg. meeting thereof, held on the 4th day of September, 2001, by the following vote 10 to wit: 11 12 Commission/Council Members: ESTRADA LIEN MCGINNIS SCHNETZ SUAREZ ANDERSON MC CAMMACK Ayes X X X X X X X 13 14 15 16 17 18 Nays Abstain Absent / ,/'/ The foregoing Resolution is hereby approved day of SePtember, 2001. 19 20 21 22 23 24 By: 25 P:\Development Dept\Lisa\Re -8-