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HomeMy WebLinkAboutCDC/2001-35 .(See Companion Resolution 2001-299) 2 RESOLUTION NO. CDC/2001-35 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 MT. VERNON CORRIDOR 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 MT. VERNON CORRIDOR REDEVELOPMENT PROJECT, AND RECOMMENDING THE CERTIFICATION OF THE ADDENDUM TO THE 1990 ENVIRONMENTAL IMP ACT REPORT 3 4 5 6 7 8 9 10 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 II 12 WHEREAS, the Redevelopment Agency of the City of San Bernardino ("Agency") is public body corporate and politic, organized and existing under the California Communit Redevelopment Law, Health and Safety Code Sections 33000, et seq. ("CRL"); and 13 14 15 16 WHEREAS, the Community Development Commission of the City of San Bernardin 17 (the "Commission") is the governing board of the Agency; and 18 19 WHEREAS, the Mayor and Common Council of the City ("Common Council"), b adoption of Ordinance No. MC-733, approved and adopted the Redevelopment Plan for the Mt Vernon Corridor Redevelopment Project ("Original Plan"); and 20 21 22 23 WHEREAS, the Common Council, by adoption of Ordinance No. MC _928 on Decembe 8, 1986, approved and adopted the First Amendment to the Original Plan ("First Amendment")' and 24 25 -1- CDC/2001-35 WHEREAS, the Original Plan, as amended by the First Amendment, is hereinafte 2 referred to as the Redevelopment Plan; and 3 4 5 6 WHEREAS, the Redevelopment Plan delineates the redevelopment project area for th Mt. Vernon Corridor Redevelopment Project (the "Project Area"); and WHEREAS, the Commission and Common Council have initiated proceedings for th 7 adoption of a further amendment to the Redevelopment Plan entitled "2001 Eminent Domai 8 Amendment to the Redevelopment Plan for the Mt. Vernon Corridor Redevelopment Project' 9 (the "2001 Amendment"); and 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 WHEREAS, the Agency may acquire any interest in property in the Project Area by an means authorized by law and by the use of eminent domain, if necessary until June 25, 2002; and WHEREAS, the 2001 Amendment shall extend 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 upon the adoption of the Ordinance of the Common Counci approving the 200 I Amendment; and WHEREAS, the Mayor and Common Council consented to hold a joint public hearin with the Commission 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 199 Environmental Impact Report for the Redevelopment Plan for the Original Plan (the "Addendu to the 1990 ErR"), or the regularity of any prior proceedings concerning the 200 I Amendment was allowed to appear before the Common Council and show cause why the 2001 Amendmen should not be adopted; and -2- CDC/2001-35 2 3 4 5 6 WHEREAS, notice of the joint public hearing of the Commission and Common Counci with respect to the 2001 Amendment and the Addendum to the 1990 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 WHEREAS, the joint public hearing of the Commission and Common Council was dul 7 held on August 20, 2001; and 8 9 10 II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 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 Mt. Vernon Corridor Redevelopment Project" (the "33352 Report"); and WHEREAS, the Common Council considered the information set forth in the Initia Study prepared for the 2001 Amendment and the accompanying Addendum to the 1990 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 previousl identified environmental effect that would require major revisions to the 1990 EIR; and WHEREAS, the 2001 Amendment: (i) does not change the boundaries of the Project Area; -3- CDC/2001-35 (ii) does not modify the applicable limitations in the Redevelopment Plan 0 2 indebtedness that the Agency may incur for the redevelopment of the Project Area; 3 (iii) does not modify or affect any provision of the Redevelopment Plan relating to th allocation of taxes; 4 5 6 7 8 9 10 11 12 13 14 WHEREAS, all legal prerequisites of the Commission and the Common Council to th 15 passage of this Ordinance have been satisfied in accordance with applicable law. (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 extension of the power of the Agency to acquire non-residentiall used or occupied property in the Project Area for a twelve (12) year period of time following th date of adoption of the Ordinance approving the 2001 Amendment, the 2001 Amendment shal not affect any other provision of the Redevelopment Plan; 16 17 18 19 20 21 22 23 24 25 NOW, THEREFORE, THE COMMUNITY DEVELOPMENT COMMISSION OF TH CITY OF SAN BERNARDINO DOES HEREBY ORDER AND RESOLVE AS FOLLOWS: SECTION 1. The purposes and intent of the Commission with respect to the 2001 Amendment is to extend the power of the Agency to acquire certain property by exercise 0 eminent domain authority with respect to nonJesidential property in the Project Area, as se forth in the 2001 Amendment after June 25, 2002, and thereby protect and promote the soun redevelopment of the Project Area and the general welfare of the inhabitants of the City b providing a method of non-residential property acquisition through the potential use of eminen domain for the Agency to assemble parcels and attract redevelopment interest and investment b -4- CDC/2001-35 owner participants and developers of land, who have entered into agreements and covenants 0 2 acceptable terms to the Agency for the redevelopment of such land, consistent with th 3 Redevelopment Plan, the City's General Plan and applicable zoning regulations. 4 5 6 7 8 9 JO 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 SECTION 2. Based on all public comments, both written and oral, received and/o 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 1990 EIR and the comments as submitted with respect to the Addendum to the 1990 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 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 -5- CDC/2001-35 2 3 4 5 6 7 8 9 10 1\ 12 13 14 15 16 17 18 19 20 21 22 23 24 25 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 approves the 3335 Report. The Commission hereby requests the Common Council to consider and approve th 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 Commission hereb finds and determines that the Initial Study adequately describes the 2001 Amendment an accurately identifies and assesses all of the potentially significant environmental effects 0 impacts from the implementation of the 2001 Amendment. The Commission further finds an determines that, in 1990, a Program Environmental Impact Report (" 1990 EIR") was certified i conjunction with the adoption of the Original Plan. Health and Safety Code Sectio 33333.2(a)(4) imposes a statutory time limit on the exercise of the power of eminent domai within the Project Area by the Agency. In light of the fact that conditions of blight continue t burden the Project Area, this statutory time limit has occasioned the 2001 Amendment to exten the time period during which the Agency may exercise the power of eminent domain within th Project Area. When the 1990 EIR was certified, it was contemplated that the Agency would b able to exercise of the power of eminent domain within the Project Area to effectuate th redevelopment of the Project Area. Extension of the time period during which the Agency ma exercise the power of eminent domain within the Project Area does not affect the environmenta -6. CDC/2001-35 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 analyses in the 1990 EIR, as exercise of the eminent domain power was a contemplate procedure for effectuating the redevelopment goals of the Original Plan analyzed in the 199 EIR. Also, the Initial Study indicates that the 2001 Amendment to extend the time during whic the Agency may exercise the power of eminent domain within the Project Area does not presen any new significant environmental effects or any differences in the severity of previousl identified environmental effects and no new information that was not and ~ould not have bee known when the 1990 EIR was certified shows any new significant environmental effects or an differences in the severity of previously identified environmental effects would result from th implementation of the Original Plan, as amended. In fact, the Initial Study reveals that th exercise of the power of eminent domain by the Agency, under the 2001 Amendment, is likely t improve the environmental conditions within the Project Area. Therefore, the Commissio further finds and determines that there are no new significant environmental effects or an differences in the severity of environmental effects associated with the implementation of th 2001 Amendment from those identified in the 1990 EIR requiring major revisions to the 199 EIR, under Public Resources Code Section 21166 and Title 14 California Code of Regulation Section 15162. The Commission further finds and determines that no new information that wa not and could not have been known when the 1990 EIR was certified has become availabl showing that the implementation of the Original Plan, as amended, will have any new significan environmental effects or cause any differences in the severity of previously identifie environmental effects requiring major revisions to the 1990 EIR, under Public Resources Cod Section 21166 and Title 14 California Code of Regulations Section 15162. Based on the Initia Study regarding the 2001 Amendment and the findings and determinations of the Commissio set forth herein, the Commission hereby finds and determines that no revision or supplement t the 1990 EIR and no subsequent environmental impact report is required under the Californi Environmental Quality Act (Public Resources Code Sections 21000, et seq.) for the adoption 0 the 2001 Amendment or the request of the Commission that the Common Council adopt th Ordinance approving the adoption of the 2001 Amendment. The Commission further finds an -7- . . CDC/2001-35 2 3 4 5 6 7 8 9 10 II 12 I3 14 15 16 17 18 19 20 21 22 23 24 25 determines that it is appropriate for the City to attach the Initial Study to the 1990 EIR, as Addendum, under Title 14 California Code of Regulations Section 15164. The Commissio hereby requests the Common Council to consider these findings and recommendations of th Commission relating to the Addendum to the 1990 EIR and to certify the Addendum to the 199 EIR, in accordance with Public Resources Code Section 21152 and Title 14 California Code 0 Regulations Sections 15096(i) and 15094, and to attach the Initial Study to the 1990 EIR, as a Addendum, under Title 14 California Code of 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 the 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 Mt. Vernon Corridor Redevelopment Project subject to the adoptio of 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 Ordinance, 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 Ordinance. The Common Council hereby declares that it would have adopte this Ordinance and each, section subdivision, sentence, clause, phrase, or portion of thi Ordinance, irrespective of the fact that one or more sections, subdivisions, sentences, clauses phrases, or portions of this Ordinance be declared invalid for any reason. -8- CDC/2001-35 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 MT. VERNON CORRIDOR 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 MT. VERNON CORRIDOR REDEVELOPMENT PROJECT, AND RECOMMENDING THE CERTIFICATION OF THE ADDENDUM TO THE 1990 ENVIRONMENTAL IMP ACT REPORT 3 4 5 6 SECTION 7. This Resolution shall take effect upon adoption. The Agency Secret shall certify the adoption of this Resolution. 7 8 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Communit joint 9 Development Commission of the City of San Bernardino at a regular meeting thereof, hel 10 on the 17th day of Septernbe~ 2001, by the following vote, to wit: 11 Commission Members: 12 ESTRADA 13 LIEN 14 MCGINNIS 15 SCHNETZ 16 SUAREZ 17 ANDERSON 18 MC CAMMACK 19 20 21 22 23 24 25 By: Ayes Nays Abstain Absent X ---X- X X X X X - this d{sI day of Sept. ,2001. -9-