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HomeMy WebLinkAboutOrdinance 1786 (Adopting 3rd Amended Central SR Redvelopment Plan)CLERK'S CERTIFICATE I, JEANNE M. LEONCINI, Clerk of the City of San Rafael, and Ex -officio Clerk of the Council of said City, do hereby certify that the foregoing Charter Ordinance No. 1786 entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL APPROVING AND ADOPTING THE THIRD AMENDED AND RESTATED CENTRAL SAN RAFAEL REDEVELOPMENT PLAN ("AMENDED PLAN"), APPROVING THE ENVIRONMENTAL DOCUMENTATION PREPARED FOR THE AMENDED PLAN, AND MAKING CERTAIN FINDINGS PURSUANT TO THE COMMUNITY REDEVELOPMENT LAW OF THE STATE OF CALIFORNIA" is a true and correct copy of an Ordinance of said City and was introduced at a REGULAR meeting of the City Council of the City of San Rafael, held on the 5th day of Au.gust, 2002, published as required by City Charter in the MARIN INDEPENDENT JOURNAL, a newspaper published in the City of San Rafael, and passed and adopted as an Ordinance of said City at a REGULAR meeting of the City Council of said City held on the 19th day of Auizust, 2002, by the following vote, to wit: AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None WITNESS my hand and the official seal of the City of San Rafael this 21st day of August, 2002 .u- A. ,z ,. * (Seal) JEANNE M. LEONCINI, City Clerk RECORDED AT REQUEST OF: THE SAN RAFAEL REDEVELOPMENT AGENCY WHEN RECORDED MAIL TO: Goldfarb & Lipman 1300 Clay Street, 9th Floor City Center Plaza Oakland, CA 94612 Attention: Phuong Y. Lam NO RECORDING FEE PURSUANT TO GOVERNMENT CODE SECTION 27383 [8 130112 0 112 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL APPROVING AND ADOPTING THE THIRD AMENDED AND RESTATED CENTRAL SAN RAFAEL REDEVELOPMENT PLAN ("AMENDED PLAN"), APPROVING THE ENVIRONMENTAL DOCUMENTATION PREPARED FOR THE AMENDED PLAN, AND MAKING CERTAIN FINDINGS PURSUANT TO THE COMMUNITY REDEVELOPMENT LAW OF THE STATE OF CALIFORNIA THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DOES ORDAIN AS FOLLOWS: WHEREAS, the City Council of the City of San Rafael adopted the Redevelopment Plan for the Central San Rafael Redevelopment Project Area (the "Project Area") on November 20, 1972, by Ordinance No. 1079, as amended by City Council Ordinance No. 1534, adopted on January 5, 1987, as amended and restated by City Council Ordinance No. 1572, adopted on October 16, 1989, as further amended by City Council Ordinance No. 1669, adopted on November 21, 1994, as further amended and restated by City Council Ordinance No. 1732, adopted on October 5, 1998, and as further amended by City Council Ordinance No. 1776, adopted on March 4, 2002 (the "Redevelopment Plan"); and WHEREAS, pursuant to the Community Redevelopment Law of the State of California (the "Redevelopment Law"), the San Rafael Redevelopment Agency (the "Agency") has recommended certain amendments to the Redevelopment Plan that, among other things, would increase the allowable tax increment allocated to the Agency from the Project Area and extend the Agency's deadline for commencement of eminent domain proceedings by about one year; and WHEREAS, the Agency has made studies of the impact of the proposed amendments to physical condition of structures, environmental influences, land uses, and social, economic and cultural conditions and has determined that the proposed amendments will promote the proper 141\15\159373.1 I �Ur r, h 1 . redevelopment of the Project Area in accordance with the goals, objectives, and policies of the City of San Rafael's General Plan, the Redevelopment Plan and the Redevelopment Law; and WHEREAS, the Agency has prepared and submitted to the City Council of the City of San Rafael (the "City Council") for review and adoption the proposed Third Amended and Restated Redevelopment Plan for the Central San Rafael Redevelopment Project Area (the "Amended Plan"), a copy of which is on file with the City Clerk of the City of San Rafael; and WHEREAS, the Agency has prepared and submitted, and the City Council has reviewed and considered, a written report on the proposed amendments (the "Report on the Amended Plan") pursuant to Health and Safety Code Section 33457.1, a copy of which is on file with the City Clerk of the City of San Rafael; and WHEREAS, by resolution adopted prior to consideration of this Ordinance, the City Council has approved the California Environmental Quality Act ("CEQA") Negative Declaration prepared for the Amended Plan which was circulated pursuant to the applicable CEQA regulations (the "Negative Declaration"); and WHEREAS, the Amended Plan incorporates the land uses for the Project Area which is determined by the City's General Plan. Implementation of the Amended Plan may require, among other things, the vacation and removal of streets of record and other public rights of way, and the establishment of new street patterns, the location of sewers, water mains, lighting and utility lines and other public facilities; and WHEREAS, the purpose of the Amended Plan is to increase the allowable tax increment that can be allocated to the Agency from the Project Area and to extend the deadline for commencement of eminent domain proceedings by about one year. These amendments will not change the uses permitted within the Project Area; and WHEREAS, the Planning Commission, which is the duly designated and acting official planning body of the City of San Rafael, has submitted to the City Council its report and recommendation dated July 9, 2002, recommending approval and adoption of the Negative Declaration for the Amended Plan and approval and adoption of the Amended Plan; and has certified that the Amended Plan conforms to the General Plan; and WHEREAS, on July 15, 2002, the City Council and the Agency conducted a joint public hearing which was duly noticed in accordance with the requirements of the Redevelopment Law; and WHEREAS, the City Council and Agency received no written objections to the Amended Plan at or prior to the joint public hearing on the Plan; 141\15\159373.1 2 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN RAFAEL does ordain as follows: Section 1. In accordance with California Health and Safety Code Sections 33367 and 33457. 1, and based upon the evidence contained in the Report on the Amended Plan and on the evidence presented at the joint public hearing, the City Council finds and determines with respect to the Amended Plan that: a) The above recitals and background information are true and correct. b) The time limitations and the limitation on the number of dollars to be allocated to the Agency from the Project Area that are contained in the Amended Plan are reasonably related to the proposed projects to be implemented in the Project Area and to the ability of the Agency to eliminate blight within the Project Area (see particularly Parts IV, V and VI of the Report on the Amended Plan regarding evidence with respect to this finding). C) Pursuant to Section 33354.6 of the Redevelopment Law, significant blight remains within the Project Area and the remaining blight in the Project Area cannot be eliminated without the increase in the limitation on the number of dollars to be allocated from the Project Area to the Agency (see particularly Parts IV, V and VI of the Report on the Amended Plan regarding evidence with respect to this finding). d) The continued elimination of blight and continued redevelopment of the Project Area could not be reasonably expected to be accomplished by private enterprise acting alone without aid or assistance of the Agency (see particularly Part VI of the Report on the Amended Plan regarding evidence with respect to this finding). e) The amendments incorporated in the Amended Plan by this Ordinance conform to the General Plan (see particularly Parts IX and XI of the Report on the Amended Plan regarding evidence with respect to this finding). f) The Amended Plan would redevelop the Project Area in conformity with the Redevelopment Law and would be in the interest of the public peace, health, safety, and welfare; and the implementation of the Amended Plan would promote the public peace, health, safety and welfare of the City of San Rafael, and would effectuate the purposes and policy of the Redevelopment Law (see particularly Parts I, IV and V of the Report on the Amended Plan regarding evidence with respect to this finding). g) The adoption and implementation of the Amended Plan are economically sound and feasible (see particularly Part VI of the Report on the Amended Plan regarding evidence with respect to this finding). h) The Amended Plan will not affect the status of tax increment financing in the Project Area and, consequently, will not cause significant financial burden or detriment on any taxing agency deriving revenues from the Project Area (see particularly Part VI of the Report on the Amended Plan regarding evidence with respect to this finding). 141\15\159373.1 3 i) The Agency has a feasible method of plan for the relocation of families and persons which may be displaced from the Project Area if the Amended Plan may result in the temporary or permanent displacement of any occupants of housing facilities in the Project Area (see particularly Part VII of the Report on the Amended Plan regarding evidence with respect to this finding). j) The condemnation of real property, if any, is necessary to the execution of the Amended Plan and adequate provisions have been made for payment of property to be acquired as provided by law (see particularly Parts I, IV, V, and VII of the Report on the Amended Plan regarding evidence with respect to this finding). k) There are, or are being provided, in the Project Area or in other areas not generally less desirable in regard to public utilities and public and commercial facilities and at rents or prices within the financial means of the families and persons who may 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 (see particularly Part VII of the Report on the Amended Plan regarding evidence with respect to this finding). 1) The City Council is satisfied that permanent housing facilities will be available within three years from the time occupants of the Project Area, if any, are displaced and that pending the development of such facilities there will be available to such displaced occupants housing facilities at rents comparable to those in the community at the time of their displacement (see particularly Part VII of the Report on the Amended Plan regarding evidence with respect to this finding). m) The matters set forth in Health and Safety Code Section 33367 (d)(9), (d)(10) and d (12) are not applicable to or affected by the Amended Plan, and consequently no further findings with respect to such matters are required (see particularly Parts I and IV of the Report on the Amended Plan regarding evidence with respect to this finding). Section 2. It is the continuing purpose and intent of the City Council that the Amended Plan be implemented in order to continue to: a) Eliminate the conditions of blight; b) Ensure, as far as possible, that the causes of the blighting conditions will be either eliminated or protected against; C) Encourage and ensure the redevelopment of the Project Area; and d) Encourage and foster the economic revitalization of the Project Area, as necessary. Section 3. All oral objections to the Amended Plan are hereby overruled. 141\15\159373.1 4 Section 4. It is hereby found and determined that the proposed Amended Plan is necessary and desirable. The Redevelopment Plan, all amendments and restatements of the Redevelopment Plan, and all ordinances adopting or previously amending the Redevelopment Plan are hereby amended in accordance with the Amended Plan. The Amended Plan is hereby adopted, approved and designated as the official redevelopment plan for the Project Area. The Amended Plan, consisting of 29 pages and four exhibits, is incorporated in this Ordinance by reference and made a part of the Ordinance as if set out in full in the Ordinance. The City Clerk of the City of San Rafael is hereby directed to file a copy of the Amended Plan with the minutes of this meeting. The Agency is vested with the continuing responsibility to implement the Amended Plan. Section 5. The Executive Director of the Agency is hereby directed to record the Amended Plan in compliance with the provisions of Health and Safety Code Section 33456 and Government Code Section 27295. Section 6. If any provision, section, subsection, subdivision, sentence, clause or phrase of this Ordinance or the Amended Plan is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portion or portions of the Ordinance or the Amended Plan. Section 7. This Ordinance shall be published once in the Marin Independent Journal, a newspaper of general circulation printed and published in Marin County and circulated in the City of San Rafael. ALBtRT J ORO, Mayor Attest: JE M. LEONCINI, City Clerk 141\15\159373.1 5 The foregoing Ordinance No. 1786 was read and introduced at a regular meeting of the City Council of the City of San Rafael, held on the fifth day of August, 2002, and ordered passed to print by the following vote, to wit: AYES: COUNCILMEMBERS NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips & Mayor Boro None None and will come up for adoption as an Ordinance of the City of San Rafael at a regular meeting of the Council to be held on the 19th day of August, 2002. JE E M. LEONCINI, City Clerk 141\15\159373.1 6 STATE OF CALIFORNIA ) COUNTY OF MARIN ) On this 16th day of August , 2002, before me, Nancy Hann , a Notary Public in and for the said County and State, residing therein, duly commissioned and sworn, personally appeared Jeanne M. Leonci ni , personally know to me (Qr4=tr--d to we cath e) to be the City Clerk of the City of San Rafael that executed the within document and acknowledged to me that City of San Rafael did executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. ✓/� f�1 /.l/ln /1n �\ t,jel_4r 14AAi1_, NO Y PUBLIC in and for said County and tate. STATE OF CALIFORNIA ) COUNTY OF MARIN ) NANCY HANN COMM. #1248638 D S NOTARY PUBLIC-CAL.FORNIA I / -. MAR N COUN7Y 0 \ My Comm. Expires Feb, 4, 2004 — On this 16th day of August 12002, before me, Nancy Hann , a Notary Public in and for the said County and State, residing therein, duly commissioned and sworn, personally appeared Al bert J. Boro , personally know to me (er-reear to be the Mayor of the City of San Rafael that executed the within document and acknowledged to me that City of San Rafael did execute the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. fVA,] ,. , A nr ti/ , N TARY PUBLIC in and for said County and State. 141\15\159373.1 NANCY HANN A COMM #1248639 8 NOTARY PUBLIC-CAUFORNIA O MARIN COUNTY J ` ♦- V v V My Comm. Expires Feb. 4, 2004 ` v V v v v a