Loading...
HomeMy WebLinkAbout02-Public Works c - --J ORDINANCE NO. AN ORDINANCE OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO APPROVING AND ADOPTING A REDEVELOPMENT PLAN FOR THE MT. VERNON CORRIDOR REDEVELOPMENT PROJECT AREA AS THE OFFICIAL REDEVELOPMENT PLAN FOR SAID PROJECT AREA WHEREAS, the Community Development Commission of the City of San Bernardino (the "Community Development Commission") has formulated, prepared and approved a proposed Redevelopment Plan for the Mt. Vernon Corridor Redevelopment Project Area (the "Redevelopment Plan") and has recommended that the Mayor and Common Council of the City of San Bernardino ("Common Council") approve and adopt said Redevelopment Plan; and WHEREAS, the Common Council has received from the Community Development Commission the proposed Redevelopment Plan, a copy of which is on file with the City Clerk at the Office of the City Clerk, City Hall, 300 North "D" Street, San Bernardino, California, together with the Report of the Community Development Commission, including the reasons for the selection of the project Area, and a discussion of certain other matters as set forth in Section 33352 of the California Health and Safety Code of the physical, social and economic conditions existing in the Project Area, the proposed method of financing the redevelopment of the Project Area, an analysis of the Preliminary Plan, the report and recommendations of the Planning Commission of the City of San Bernardino (the "planning Commission"), and a discussion of certain other matters as set forth in Section 33352 of the California Health and Safety Code; and WHEREAS, the Planning Commission has submitted its report and recommendation on the proposed Redevelopment Plan finding that the proposed Redevelopment Plan is in conformity with the General Plan of the City of San Bernardino, and has recommended approval of the proposed Redevelopment Plan; and WHEREAS, the Community Development Commission has adopted Rules Governing Participation and Reentry Preferences for Property Owners, Operators of Businesses and Tenants within the Project Area for the Redevelopment Plan (the "Project Area"); and WHEREAS, the Community Development Commission has adopted a Relocation Plan providing for the relocation of persons, families and businesses from the project Area, the payment of relocation benefits and the giving of relocation assistance to such persons, families and businesses; and _'?J. c '"""' v WHEREAS, the Community Development Commission has submitted the proposed Redevelopment Plan and its Report thereon to the Common Council, which Report contains, among other things, the Planning Commission's reports and recommendations, the Report of the County Fiscal officer and responses thereto by the Community Development Commission; and WHEREAS, the Community Development Commission has consulted with property owners and businesses within the Project Area and taxing agencies which levy taxes, or for which taxes are levied, on property in the Project Area; and WHEREAS, the Community Development Commission and this Common Council have approved and adopted a Final EIR for the adoption of the proposed Redevelopment Plan and have certified as to their review and consideration thereof in accordance with the California Environmental Quality Act of 1970 and the State and local guideines and regulations adopted pursuant thereto; and WHEREAS, copies of the notice of joint public hearing were mailed by certified mail with return receipt requested to the last known address of each addressee, as shown on the last equalized assessment roll of the County of San Bernardino, of each parcel of land in 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, a joint public hearing has been fully noticed and held by the Community Development Commission and the Common Council as required by law, all objections have been heard and passed upon by this Common Council, the Community Development Commission and Common Council have received written and oral testimony concerning the proposed Redevelopment Plan and have duly considered all thereof and the proceedings for the adoption of the proposed Redevelopment Plan have been duly conducted and completed as provided by law. NOW, THEREFORE, THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DO HEREBY ORDAIN AS FOLLOWS: SECTION 1: The purposes and intent of this Common Council with respect to the Project Area are: (a) To eliminate the conditions of blight existing in the Project Area; (b) To prevent recurrence of blighting conditions with the Project Area. 06/14/90 9359n/2601/011/41 -2- - , '-' ,...~, '-' (c) To provide for participation by owners and tenants and reentry preferences to persons engaged in business with the Project Area to participate in the redevelopment of the Project Area; to encourage and ensure the development of the Project Area in the manner set forth in the proposed Redevelopment Plan; and to provide for the relocation of any residents, if any, displaced by the effectuation of the proposed Redevelopment Plan. (d) To improve and construct or provide for the construction of public facilities, roads, and other public improvements and to improve the quality of the environment in the Project Area to the benefit of the Project Area and the general public as a whole. (e) To encourage and foster the economic revitalization of the Project Area by protecting and promoting the sound development and redevelopment of the Project Area and by replanning, redesigning, or developing portions of the Project Area which are stagnant or improperly utilized because of the lack of adequate utilities and because of other causes. (f) To provide housing as required to satisfy the needs and desires of the various age, income and ethnic groups of the community. SECTION 2: The Common Council hereby finds and determines that: (a) The Project Area is a predominantly urbanized area which is a blighted area, the redevelopment of which is necessary to effectuate the public purposes declared in the California Community Redevelopment Law (Health and Safety Code Sections 33000 et seq.). This finding is based upon the following conditions which characterize the Project Area: (1) The existence of properties which suffer from deterioration and disuse because of inadequate public improvements, facilities and utilities, including inadequate and insufficient traffic circulation, parking, drainage, sidewalks, curbs, gutters and traffic signals, which cannot be remedied with private and governmental action without redevelopment. (2) A lack of proper utilization of property, resulting in a stagnant and unproductive condition of land potentially useful and valuable. 06/14/90 9359n/2601/011/41 -3- "'"'"' \-- /"""., '- (3) A prevalence of impaired investments and economic maladjustment. (4) The existence of unfit or unsafe buildings and deficient structures due to age, obsolescence dilapidation, deterioration, defective design and character of physical construction, faulty interior arrangement and exterior spacing, overcrowding or inadequate provision for ventilation, light, sanitation, open spaces and recreation. (5) The subdividing and sale of lots of irregular form and shape and inadequate size for proper usefulness and development. (6) The laying out of lots in disregard of the contours and other topography or physical characteristics of the ground and surrounding conditions. It is further found and determined that such conditions are causing and will increasingly cause a reduction and lack to such an extent that it constitutes a serious physical, social and economic burden on the city which cannot reasonably be expected to be reversed or alleviated by private enterprise acting alone, requiring redevelopment in the interest of the health, safety and general welfare of the people of the city and the State. This finding is based in part on the fact that governmental action available to the City without redevelopment would be insufficient to cause any significant correction of the blighting conditions, and that the nature and costs of the public improvements 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. This finding is supported in part by the fact that development has not proceeded within the Project Area, due to blighting conditions as identified herein which discourage development. (b) The Project Area is an urbanized area. Not less than eighty percent (80%) of the privately owned property in the project Area has been or is developed for urban uses or is an integral part of an area developed for urban uses, as demonstrated by the Community Development Commission's Report to Common Council. 06/14/90 9359n/2601/011/41 -4- .- ~ r".... '-' (c) The Redevelopment Plan will redevelop the Project Area in conformity with the Community Redevelopment law and in the interests of the public peace, health, safety and welfare. This finding is based upon the fact that redevelopment of the Project Area will implement the objectives of the Community Redevelopment law by aiding in the elimination and correction of the conditions of blight, providing for planning, development, redesign, clearance, reconstruction or rehabilitation of properties which need improvement, and providing for higher economic utilization of potentially useful land. (d) The adopting and carrying out of the Redevelopment Plan is economically sound and feasible. This finding is based in part on the fact that under the Redevelopment Plan no public redevelopment activity will be undertaken unless the Community Development Commission can demonstrate that it has adequate revenue to finance the activity; the Community Development Commission's Report to Common Council further discusses and demonstrates the economic soundness and feasibility of the Redevelopment Plan and undertakings pursuant thereto. (e) The Redevelopment Plan conforms to the General Plan of the City of San Bernardino. This finding is based in part on the finding of the Planning Commission that the Redevelopment Plan conforms to the General Plan for the City of San Bernardino. (f) The carrying out of the Redevelopment Plan will promote the public peace, health, safety and welfare of the City of San Bernardino and will effectuate the purposes and policy of the Community Redevelopment Law. This finding is based on the fact that redevelopment will benefit the Project Area and the community by correcting contributing toward needed public improvements. (g) The condemnation of real property is necessary to the execution of the Redevelopment Plan and adequate provisions have been made for payment for property to be acquired as provided by law. The Common Council and the Community Development Commission recognize that the provisions of Sections 7260 to 7276 of the California Government Code would be applicable in the event relocation should occur due to the implementation by the Community Development Commission of the Redevelopment Plan. The Common Council finds and determines that the provision of relocation assistance according to law constitutes a feasible method for relocation. 06/14/90 9359n/2601/011/41 -5- '""" ,_..,-~, - "-,,,' (h) There are, or are being provided, within the Project Area or within other areas not generally less desirable with regard to public utilities and pUblic and commercial facilities and at rents or prices within the financial means of any families and persons who might 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. This finding is based in part upon the fact that no person or family will be required by the Community Development Commission to move from any dwelling unit until suitable replacement housing is available. (i) Including of any lands, buildings or improvements which are not detrimental to the public health, safety or welfare is necessary for the effective redevelopment of the entire area of which they are a part, and any such area is not included for the purpose of obtaining the allocation of tax increment revenues from such area pursuant to Section 33670 of the Community Redevelopment Law without other substantial justification for its inclusion. This finding is based in part upon the fact that the boundaries of the Project Area were chosen as a unified and consistent whole to include lands that were underutilized because of blighting influences, or affected by the existence of blighting influences, and land uses significantly contributing to the conditions of blight, whose inclusion is necessary to accomplish the objectives and benefits of the Redevelopment Plan. (j) The elimination of blight and the redevelopment of the project Area could not reasonably be expected to be accomplished by private enterprise acting alone without the aid and assistance of the Community Development Commission. This finding is based upon the existence of blighting influences, including the lack of adequate public improvements and facilities, and the infeasibility due to cost of requiring individuals (by means of assessments or otherwise) to eradicate or significantly alleviate existing deficiences in public improvements. (k) The effect of tax increment financing will not cause a severe financial burden or detriment on any taxing agency deriving revenues from the Project Area. This based in part upon the analysis contained in the Community Development Commission's Report to the Common Council. 06/14/90 9359n/2601/011/41 -6- c --. 1 ""-",, SECTION 3: In order to implement and facilitiate the effectuation of the Redevelopment Plan hereby approved and adopted, it is found and determined that certain official actions must be taken by the Common Council with reference, among other things, to changes in zoning, the vacating and removal of the streets, alleys, and other public ways, the establishment of new street patterns, the location and relocation of sewer and water mains and other public facilities, and other public action, and accordingly, the Common Council hereby: (a) Declares its intention to undertake and complete any proceedings necessary to be carried out by the City of San Bernardino under the provisions of the Redevelopment Plan; and (b) Requests the various officials, departments, boards, commissions, and agencies of the City of San Bernardino having administrative responsibilities with respect to the Redevelopment Plan and the implementation thereof likewise to cooperate to such end and to exercise their respective functions and powers in a manner consistent with the Redevelopment Plan. SECTION 4: The Common Council is satisfied permanent housing facilities will be available within four (4) years from the time occupants of the project Area are displaced, if any, and that pending the development of such facilities there will be available to such displaced occupants adequate temporary housing facilities at rents comparable to those in the City of San Bernardino at the time of their displacement. No persons or families of low and moderate income shall be displaced from residences 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. Such housing units shall be suitable to the needs of such displaced persons or families and must be decent, safe, sanitary and otherwise standard dwellings. The Community Development Commission shall not displace such person or family until such housing units are available and ready for occpancy. SECTION 5: The Common Council has considered written objections to the Redevelopment Plan filed with the City Clerk of the City of San Bernardino before the hour set for hearing and oral objections presented at the hearing. All written and oral objections have been overruled. 06/14/90 9359n/2601/0ll/4l -7- ,,-.. '-' ..."F SECTION 6: That certain document entitled "The Redevelopment Plan for the Mt. Vernon Corridor Redevelopment Project", the maps contained therein and such other reports as are incorporated therein by reference, a copy of which is on file in the Office of the City Clerk of the City of San Bernardino, having been duly reviewed and considered, is hereby incorporated in this Ordinance by reference and made a part hereof, and as so incorporated, is hereby designated, approved and adopted and the official "The Redevelopment for the Mt. Vernon Corridor Redevelopment Project". SECTION 7: The City Clerk is hereby directed to send a certified copy of this ordinance to the Community Development Commission, and the Community Development Commission is hereby vested with the responsibility for carrying out the Redevelopment Plan, subject to the provisions of the Redevelopment Plan. SECTION 8: The City Clerk is hereby directed to record within thirty (30) days from the adoption of this ordinance with the County Recorder of San Bernardino County a description of the land within the Project Area and a statement that the proceedings for the redevelopment of the project Area have been instituted under the California Redevelopment Law. The Community Development Commission is hereby directed to effectuate recordation in compliance with the provisions of Section 27295 of the Government Code to the extent applicable. SECTION 9: The Building Department of the City of San Bernardino 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 10: The City Clerk is hereby directed to transmit a copy of the description and statement recorded by the City 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 and the Tax Assessor of San Bernardino County, to the governing body of each of the taxing agencies which levies taxes upon any property in the Project Area and to the State Board of Equalization. SECTION 11: If any part of this Ordinance or the Redevelopment 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 Redevelopment Plan, and this Common Council hereby declares that it would have passed the remainder of this Ordinance or approved the remainder of the Redevelopment Plan if such invalid portion thereof had been deleted. 06/14/90 9359n/2601/011/41 -8- c :) SECTION 12: The City Clerk shall certify to the passage of this ordinance and cause a copy thereof to be published as required by law in a newspaper of general circulation in the City of San Bernardino, and this ordinance shall take force and effect after its passage in the manner provided by law. Mayor ATTEST: City Clerk Approved as to form and legal content: JAMES F. PENMAN ~""k.l City At rney 06/14/90 9359n/260l/011/41 -9- o --., , 'y I hereby certify that the foregoing Ordinance was duly and regularly passed and adopted at a meeting of the Mayor and Common Council of the City of San Bernardino, held this day of , 1990, by the following vote: AYES: NOES: ABSENT: City Clerk 06/14/90 9359n/2601/011/41 -10-