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HomeMy WebLinkAboutMC-283 r " - . . 1 ORDINANCE NO. MC-283 2 ORDINANCE OF THE CITY OF SAN BERNARDINO APPROVING AND ADOPTING THE REDEVELOPMENT PLAN FOR THE TRI CITY REDE- 3 VELOPI1ENT PROJECT AREA 4 WHEREAS, the Community Development Commission of the City of San 5 Bernardino, hereafter "Commission" has formulated, prepared and approved 6 the proposed Redevelopment Plan for the Tri City Redevelopment Project 7 Area, hereafter "Project Area"; and 8 WHEREAS, the Planning Commission of the City of San Bernardino has 9 submitted- its report and recommendation to the Mayor and Common Council, 10 recommending approval of said proposed Redevelopment Plan; and 11 WHEREAS, the Commission has adopted Rules for Owner Participation 12 and Business Re-Entry in the Project Area; and 13 WHEREAS, the Commission has had prepared a Draft Environmental Impact 14 Report, hereafter "Draft EIR", regarding said Redevelopment Plan; and 15 \~IEREAS, the Draft EIR was offered for review as authorized and 16 directed by the Commission; and 17 WHEREAS, pursuant to notice duly given, the Commission and the ~~yor 18 and Common Council have held a full and fair Joint Public Hearing on said 19 Draft EIR and are fully advised in the premises; and 20 WHEREAS, the Commission has adopted the following Resolution 21 entitled: 22 RESOLUTION OF THE COMMUNITY DEVELOPMENT CO~~lISSION OF THE CITY OF SAN BERNAP~INO APPROVING THE REDEVELOPMENT PLAN AND A REPORT 23 ON THE PLAN, AND CERTIFYING AND APPROVING AN ENVIRONMENTAL IMPACT REPORT TOGETHER WITII COMMENTS AND RESPONSES, FOR THE TRI CITY 24 PROJECT AREA: AND DIRECTING THE FILING OF A NOTICE OF DETERMINATION; 25 and 26 WHEREAS, the above-entitled Resolution was transmitted to the Mayor 27 and Common Council; and 28 ** ** MC-283 10 11 12 13 ", . . ~ ". 1 WHEREAS, the Mayor and Common Council have adopted a Resolution 2 entitled: 3 RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING AND ADOPTING A REDEVELOPMENT PLAN AND REPORT ON THE PLAN AND CERTIFYING AND APPROVING AND ENVIRONMENTAL IMPACT REPORT TOGETHER WITH COMMENTS AND RESPONSES FOR THE TRI CITY PROJECT AREA, AND DIRECTING THE FILING OF A NOTICE OF DETERMINATION; and 4 5 6 WHEREAS, pursuant to notice duly given, a full and fair Joint Public 7 Hearing has been held on said Redevelopment Plan; and 8 WHEREAS, all actions required by the Community Redevelopment Law 9 and other applicable laws have been taken in an appropriate and timely manner, NOW, THEREFORE, THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DO ORDAIN AS FOLLOWS: SECTION 1. The purposes and intent of the Mayor and Common Council 14 with respect to the Project Area are to: 15 16 1. Eliminate the conditions of blight existing in the Project Area; 2. Insure, as far as possible, that the causes of blighting con- 17 ditions in the Project Area will be either eliminated or protected against; 18 3. Provide participation for owners and business tenants in the 19 Project Area; 20 21 22 23 24 4. Encourage and insure the rehabilitation, rebuilding and develop- ment of the Project Area; 5. Encourage and foster the economic revitalization of the Project Area; 6. Redevelop and rebuild the public facilities in the Project Area 25 to provide safer and more efficient public services. 26 SECTION 2. The Redevelopment Plan for the Project Area, transmitted 27 to the Mayor and Common Council with the above entitled Commission 28 Resolution, is hereby incorporated herein by reference and made a part -2- ~C-Z8~ . 'I. , ' . . I 1 !II " 2 !1 3' 4 , " 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 . . . . hereof as fully as though set forth at length herein. SECTION 3. The Mayor and Common Council hereby find and determine that: 1. The Project Area is a blighted area, the redevelopment of which is necessary to effectuate the public purposes declared in the Community Redevelopment Law; 2. The Redevelopment Plan Eor the Project Area will redevelop the Project Area in conformity with the Community Redevelopment Law and in the interest of the public peace, health, safety and welfare; 3. The adoption and carrying out of the Redevelopment Plan for the Project Area is economically sound and feasible; 4. The Redevelopment Plan for the Project Area conforms to the General Plan of the City of San Bernardino; 5. The carrying out of the Redevelopment Plan for the Project Area 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; 6. The condemnation of real property, as provided for in the Rede- velopment Plan for the Project Area is necessary to the execution of such Redevelopment Plan and adequate provisions have been made for payment for property to be acquired as provided by law; 7. That the formation of a project area committee was neither necessary nor required because the plan does not provide for the displace- ment of a substantial number of low-and moderate-income families by the implementation of the plan. 8. Although there are no families currently residing in the Project Area , the Agency does have a feasible method and plan for the relocation of families and persons should a need ever arise for relocation activity; -3- ~C-283, .1 . " 1 9. There are or will be provided in the Project Area or in other 2 areas not generally less desirable in regard to public utilities and 3 public and commercial facilities and at rents or prices within the 4 fiancial means of the families and persons displaced from the Project 5 Area; decent, safe, and sanitary dwellings equal in number to the number 6 of and available to such displaced families and persons and reasonably 7 accessible to their places of employment; 8 10. There are noncontiguous areas within the Project Area. However, 9 they are either blighted or necessary for effective redevelopment and are 10 not included for purpose of obtaining the allocation of taxes from such 11 area pursuant to Section 33670 without other substantial justification 12 for their inclusion. 13 11. There are inclusions of land which are not detrimental to the 14 public health, safety, or welfare, which are included because the 15 inclusion thereof is necessary for the effective development of the area 16 of which they are a part; and any such area included is necessary for 17 effective redevelopment and is not included for the purposes of obtaining 18 the allocation of tax increment revenues from such area pursuant to 19 Section 33670 of the California Health and Safety Code, without other 20 substantial justification for its inclusion. 21 12. The elimination of blight and the redevelopment of the project 22 area could not be reasonably expected to be accomplished by private 23 enterprise acting alone without the aid and assistance of the Redevelop- 24 ment Agency. 25 SECTION 4. The Mayor and Common Council are satisfied that permanent 26 housing facilities will be available within three years from the time 27 occupants of the Project Area are displaced and that pending the develop- 28 ment of such facilities there will be available to such displaced occupants -4- I1C-'-2ItJ 1 2 ,I :3 4 !I 5 6 7 8 9 10 11 12 13 ' 14 15 16 17 18 II II 19 I 20 21 22 23 24 25 26 27 28 " '. '. .. adequate temporary housing facilities at rents comparable to those in the City of San Bernardino at the time of their displacement if such displacement ever occurs. SECTION 5. The Mayor and Cornman Council are convinced that 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. SECTION 6. A full and fair public hearing has been held on the Redevelopment Plan for the Project Area, as stated in the recitals herein, and the Mayor and Common Council having considered all evidence and testimony for and against the adoption of said Redevelopment Plan and all written and oral objections thereto and the Mayor and Cornman Council being fully advised in the premises, all written and oral objections to said Redevelopment Plan, Report on the Plan and Environmental Impact Report are hereby overruled. SECTION 7. The Redevelopment Plan for the Tri City Redevelopment Project Area (incorporated by Section 2 above) is hereby approved and adopted and designated the official Redevelopment Plan for the Tri City Redevelopment Project Area, for the Project Area described therein. SECTION 8. In order to implement and facilitate the effectuation of the Redevelopment Plan for the Project Area, hereby approved and adopted, certain official action must be taken by the City of San Bernardino, and the Mayor and Common Council declare their intention to undertake and complete any proceedings necessary to be carried out by the City of San Bernardino under the provisions of said Redevelopment Plan, including, wTi thout liraita-tion, changes in zoning, the locat ion and relocation of public facilities, and other similar public actions, and in pursuance thereof, and without limitation, the Mayor and Cornman Council hereby: -5- . MC--283 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ", ~ I, Pledge their cooperation in helping to carry out the Rede- velopment Plan; 2. Direct the various officials, departments, boards and agencies of the City of San Bernardino having administrative responsibilities in the premises likewise to cooperate to such end and to exercise their respective functions and powers in a manner consistent with said Redevelopment Plan; and 3. Use their best efforts to cause any agreement, deed or lease submitted by the Agency to the Mayor and Common Council for their approval or disapproval to be acted upon within thirty (30) days after submission to the Mayor and Common Council. SECTION 9. The Mayor and Common Council may expend funds of the City of San Bernardino from time to time in accordance with the applicable provisions of the Redevelopment Plan for the Project Area. SECTION 10. The City Clerk is hereby directed to send a certified copy of this Ordinance to the Commission and the Commission is hereby vested with the responsibility for carrying out the Redevelopment Plan for the proj ect ARea, SECTION 11. The City Clerk is hereby directed to record with the County Recorder of San Bernardino County a description of the land within the Project Area and a statement that proceedings for the redevelopment of the Project Area have been instituted under the Community Redevelopment Law. SECTION 12, The City Clerk is hereby directed for a period of two (2) years after the effective date of this Ordinance, to advise all applicants for huilding 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. -6- MC-4S-J' . 1 2 :3 4 5 6 II 'I 7 8 I j' I 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 i 25 26 27 28 .. .' . . . .. SECTION 13. The City Clerk is hereby directed to transmit, on or before January 1st next: (i) a copy of the description and statement recorded by the City Clerk pursuant to Section 10 of this Ordinance; (ii) a copy of this Ordinance; and (iii) a map or plat indicating the boundaries of the Project Area, to the Auditor and 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 14. The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be published in the Sun. SECTION 15.. In case anyone or more of the provisions of this Ordinance shall for any reason be held to be illegal or invalid, such illegality or invalidity shall not affect any other provision of this Ordinance but this Ordinance shall be construed and enforced as if such illegal or invalid provision had not been contained herein. I HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the Mayor and Common Council of the City of San Bernardino at a reqular meeting thereof, held on the 20th day of June , 1983, by the following vote, to wit: AYES: Council Members Castaneda, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler NAYES: None ABSENT: None 4l?(/,1~J~.{h / Ci ty Clerk ** 1d, ** -7- 1'lC-,-283 .'.; I 11 2 :5 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 . . . . . .' . " regoing Ordinance is hereby approved thiS~~,~ day , 1983, APPROVED AS TO FORM: ~~~~~- , Ci ty A orney -8-