HomeMy WebLinkAboutCDC/2003-19
RESOLUTION NO.
CDC/2003-19
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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 STATE COLLEGE REDEVELOPMENT PROJECT,
APPROVING THE SECTION 33352 REPORT TO THE MAYOR AND
COMMON COUNCIL ON THE 2003 EMINENT DOMAIN AMENDMENT TO
THE REDEVELOPMENT PLAN FOR THE STATE COLLEGE
REDEVELOPMENT PROJECT, APPROVING THE 2003 EMINENT DOMAIN
AMENDMENT TO THE REDEVELOPMENT PLAN FOR THE ST ATE
COLLEGE REDEVELOPMENT PROJECT AND ADOPTING A NEGATIVE
DECLARATION IN ACCORDANCE WITH THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT
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WHEREAS, the City of San Bernardino ("City") is a charter city and mUlllClpa
corporation organized and existing under the Constitution and laws of the State of California'
and
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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, Division 24, Part 1 of the California Health and Safety Code (Health
Safety Code S 33000 et seq.) ("CRL"); and
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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. 3067, on April 27, 1970 approved and adopted the Redevelopmen
Plan for the State College Redevelopment Project; and
WHEREAS, the Common Council has subsequently adopted amendments to th
Redevelopment Plan for the State College Redevelopment Project as follows:
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(i)
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Common Council Ordinance No. MC-560 on December 8,1986; and
Common Council Ordinance No. MC-725 on April 2, 1990; and
Common Council Ordinance No. MC-925 on December 20, 1994; and
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WHEREAS, the Redevelopment Plan for the State College Redevelopment Project a
adopted by Common Council Ordinance No. 3067 and as amended by Common Counci
Ordinance No. 560, and as further amended by Common Council Ordinance No. 725 and a
further amended by Common Council Ordinance No. 925 is referred to herein as th
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"Redevelopment Plan"; and
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WHEREAS, the Commission and Common Council have initiated proceedings for th
adoption of the 2003 Eminent Domain Amendment to the Redevelopment Plan (the "2003
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Amendment"); and
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WHEREAS, the Redevelopment Plan delineates the redevelopment project area for th
State College Redevelopment Project (the "Project Area"); and
WHEREAS, the 2003 Amendment does not propose to modify the boundaries of th
Project Area but rather proposes to amend the Redevelopment Plan to extend the Agency'
eminent domain authority with respect to all non-residential portions of the Project Area until th
fortieth (40th) anniversary of the adoption of the Redevelopment Plan, as originally approved b
Common Council Ordinance No. 3067; and
WHEREAS, the Commission consented to hold a joint public hearing with the City wit
respect to the 2003 Amendment, at which hearing any and all persons having any objections t
the 2003 Amendment, the Negative Declaration or the regularity of any prior proceeding
concerning the 2003 Amendment, would be allowed to appear before the Mayor and Commo
Council and show cause why the 2003 Amendment should not be adopted; and
WHEREAS, notice of the joint public hearing of the Agency and Mayor and Commo
Council with respect to the 2003 Amendment and the Negative Declaration prepared therefor i
accordance with the California Environmental Quality Act ("CEQA") was given in accordanc
with applicable law; and
WHEREAS, the joint public hearing of the Agency and Mayor and Common Counci
was duly held on June 2, 2003; and
WHEREAS, all legal prerequisites to the passage of this Resolution have occurred an
been taken in accordance with applicable law;
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NOW, TIIEREFORE, THE COMMUNITY DEVELOPMENT COMMISSION OF
2 CITY OF SAN BERNARDINO DOES HEREBY RESOLVE, DETERMINE AND ORDER, A
3 FOLLOWS:
4 SECTION 1. The purposes and intent of the Commission with respect to the 2003
5 Amendment is to extend the time limit on the Agency's exercise of eminent domain authori
6 with respect to certain non-residential portions of the Project Area thereby protecting an
7 promoting the sound redevelopment of the Project Area and the general welfare of th
8 inhabitants of the City by providing a method of property acquisition through the potential use 0
9 eminent domain in order for the Agency to be able to assemble parcels and attract redevelopmen
10 interest by insuring its ability to deliver property for redevelopment purposes.
II SECTION 2. No written objection to the 2003 Amendment was received by th
12 Commission prior to the joint public hearing and no written or oral objection was submitted t
13 the Commission or the Common Council prior to the close of the joint public hearing on th
14 2003 Amendment. Based on all staff reports and consultant reports prepared by or at th
15 direction of the Agency and the City; the staff and consultant's presentations submitted at th
16 joint public hearing, including without limitation the visual display of maps, graphs, charts an
17 photographs and the oral comments of interested persons submitted to the Commission and th
18 Common Council at the joint public hearing; the Section 33352 Report; the Initial Study and th
19 Negative Declaration and the text of the 2003 Amendment, the Commission hereby finds an
20 determines that:
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(ii)
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 necessa
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;
the 2003 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
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redevelopment agreements and covenants acceptable to the Agency to consolidat
2 parcels, eliminate obsolete or blighted structures or conditions on commercial us
3 property and preserve and create new employment and private capital investmen
4 in the Project Area and assisting owner participants and developers under th
5 terms of specific redevelopment agreements and covenants acceptable to th
6 Agency to consolidate parcels, eliminate obsolete structures or conditions 0
7 commercial use property and preserve and create new employment and privat
8 capital investment in the Project Area.
9 SECTION 3. The Commission hereby acknowledges its receipt and approval of th
10 33352 Report. The Commission hereby requests the Common Council to consider and approv
11 the 33352 Report in the form as submitted at the joint public hearing for the adoption of the 2003
12 Amendment to the Redevelopment Plan.
13 SECTION 4. Prior to the opening of the joint public hearing at which this Resolution i
14 approved, the Commission received an "Initial Study", as this term is defined in the Californi
15 Environmental Quality Act, which was prepared for the Redevelopment Agency of the City 0
16 San Bernardino regarding the 2003 Amendment. The Initial Study and Notice of Intent to Adop
17 a Negative Declaration has been published as of May 1, 2003 in The Sun and were distribute
18 for public comment to all responsible agencies and other interested persons by United State
19 Mail and was posted with the Clerk of the County as of May 2, 2003 for a period of 20 days.
20 The public comment period ended on May 22, 2003 and no written comment from any publi
21 agency of other interested person was received during such period of time. The Commission ha
22 independently reviewed the Initial Study. In its independent discretion, the Commission hereb
23 finds and determines that the Initial Study adequately describes the 2003 Amendment an
24 accurately identifies and assesses all of the potentially significant environmental effects 0
25 impacts associated with the implementation of the 2003 Amendment. The 2003 Amendmen
26 does not present any significant environmental affects. The Commission hereby finds an
27 determines that there are no significant environmental effects associated with the implementatio
28 of the 2003 Amendment, and the Commission hereby adopts a Negative Declaration for the 2003
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Amendment. The Commission acknowledges that the State College Redevelopment Project wa
established prior to the enactment of the California Environmental Quality Act and therefore n
Program Environmental Impact Report (EIR) exists for the State College Redevelopmen
Project. In the absence of a Program EIR, the Redevelopment Agency of the City of Sa
Bernardino prepared an Initial Study to determine if the proposed reinstatement of eminen
domain would have any significant environmental effects and whether an EIR should b
prepared for the 2003 Amendment. Based on the Initial Study regarding the 2003 Amendmen
and the other information as submitted to the Commission during the public hearing at which thi
Resolution was adopted, the Commission hereby finds and determines that no environmenta
impact report is required under the California Environmental Quality Act - CEQA (Publi
Resources Code Section 21000, et seq.) for the adoption of the 2003 Amendment or the reques
of the Commission that the Common Council adopt an Ordinance approving and adopting th
2003 Amendment. The Commission further finds that when considering the Initial Study and th
2003 Amendment as a whole that there is no evidence before the Commission that the 2003
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Amendment will have potential for an adverse effect on wildlife resources on the habitat 0
which the wildlife depends. Accordingly, the Commission hereby directs the Agency Secret
to cause a Notice of Determination to be filed with the County Clerk for the Negativ
Declaration for the 2003 Amendment as hereby approved upon the adoption of an Ordinance 0
the Mayor and Common Council approving the 2003 Amendment. Concurrently with the filin
of the Notice of Determination for the 2003 Amendment, the Agency Secretary shall also submi
to the County Clerk a Certificate of Fee Exemption under Title 14 California Code 0
Regulations Section 753.5(c).
SECTION 5. The Commission hereby approves and adopts the 2003 Amendment,
copy of which is on file with the Agency Secretary, and which 2003 Amendment is incorporate
herein by this reference, and the Commission designates the Redevelopment Plan, as amende
by the 2003 Amendment (hereinafter, the "Amended Redevelopment Plan") as the officia
redevelopment plan for the State College Redevelopment Project subject to the adoption of a
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appropriate Ordinance of the Common Council which approves and adopts the 2003 Amendmen
2 and the Amended Redevelopment Plan.
3 SECTION 6. If any section, subsection, subdivision, sentence, clause, phrase, or portio
4 of this Resolution, is, for any reason, held to be invalid or unconstitutional by the decision of an
5 court of competent jurisdiction, such decision shall not affect the validity of the remainin
6 portions of this Resolution. The Commission hereby declares that it would have adopted thi
7 Resolution and each, section subdivision, sentence, clause, phrase, or portion of this Resolution
8 irrespective of the fact that one or more sections, subdivisions, sentences, clauses, phrases, 0
9 portions of this Resolution be declared invalid for any reason.
10 SECTION 7. This Resolution shall become effective immediately upon its adoption.
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CDC/2003-19
1 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF
THE CITY OF SAN BERNARDINO, MAKING A FINDING THAT
2 CONDITIONS OF BLIGHT BURDEN THE REDEVELOPMENT PROJECT
AREA OF THE STATE COLLEGE REDEVELOPMENT PROJECT,
3 APPROVING THE SECTION 33352 REPORT TO THE MAYOR AND
COMMON COUNCIL ON THE 2003 EMINENT DOMAIN AMENDMENT
4 TO THE REDEVELOPMENT PLAN FOR THE STATE COLLEGE
REDEVELOPMENT PROJECT, APPROVING THE 2003 EMINENT
5 DOMAIN AMENDMENT TO THE REDEVELOPMENT PLAN FOR THE
STATE COLLEGE REDEVELOPMENT PROJECT AND ADOPTING A
6 NEGATIVE DECLARATION IN ACCORDANCE TO THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT
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I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Community
Development Commission of the City of San Bernardino at a j oint regular meeting thereof,
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held on the ~ day of June
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11 COMMISSION MEMBERS: AYES
12 ESTRADA X
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13 LONGVILLE X
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14 McGINNIS X
15 DERRY -1L-
16 SUAREZ ---1L-
17 ANDERSON -1L-
18 MCCAMMACK
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, 2003, by the following vote to wit:
NAYS ABSTAIN ABSENT
Z;;;{-;:: / ~
Sec~
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,2003.
June
The foregoing Resolution is hereby approved this
,,: ?~ C- u.-r:.---
LES, Chairperson
o unity Development Commission
of he City of San Bernardino
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legal content'
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~y:.
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