HomeMy WebLinkAboutOrdinance 1732 (Central SR Redevelopment Plan; 2nd Amend)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. 1732 entitled:
"AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL APPROVING
AND ADOPTING THE SECOND AMENDED AND RESTATED CENTRAL SAN RAFAEL
REDEVELOPMENT PLAN ("SECOND AMENDED PLAN"), APPROVING THE
ENVIRONMENTAL DOCUMENTATION PREPARED FOR THE CITY OF SAN RAFAEL
SECOND 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 21st day
of SEPTEMBER, 1998, 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 5th day of OCTOBER, 1998, by the following vote, to wit:
AYES: COUNCILMEMBERS: Cohen, Miller, and Vice -Mayor Phillips
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Heller, and Mayor Boro
WITNESS my hand and the official seal
of the City of San Rafael this
6th day of OCTOBER, 1998.
JEANNh LEONCINI, City Clerk
RECORDED AT REQUEST OF:
THE SAN RAFAEL REDEVELOPMENT AGENCY
WHEN RECORDED MAIL TO:
Goldfarb & Lipman
One Montgomery Street
Telesis Tower, 23rd Floor
San Francisco, CA 94104
Attention: Phuong Y. Lam
NO RECORDING FEE PURSUANT TO
GOVERNMENT CODE SECTION 27383
ORDINANCE NO. 17 3 2
Recorders Office
County Of
Marin
JOAN C. THAYER
Recorder
1998-007.727
REC FEE
.00
TOTAL
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NO FEE
.00
TOTAL TENDERED
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CHANGE
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01:02PM 07—Oct-1998 19981007000144
GC ASR003
Thank You
Have A Nice Day
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL
APPROVING AND ADOPTING THE SECOND AMENDED AND RESTATED
CENTRAL SAN RAFAEL REDEVELOPMENT PLAN ("SECOND AMENDED
PLAN"), APPROVING THE ENVIRONMENTAL DOCUMENTATION
PREPARED FOR THE CITY OF SAN RAFAEL SECOND 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, by the City Council Ordinance No. 1079, adopted on November 20, 1972,
the City Council of the City of San Rafael adopted the Redevelopment Plan for the Central San
Rafael Redevelopment Project Area (the "Original Plan") for the Central San Rafael
Redevelopment Project Area (the "Project Area"); and
WHEREAS, by City Council Ordinance No. 1572, adopted on October 16, 1989, and by
City Council Ordinance No. 1669, adopted on November 21, 1994, the City Council of the City
of San Rafael adopted the Amended and Restated Redevelopment Plan for the Project Area
(collectively, the "Amended 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 Original Plan and the Amended Plan that, among other
things, would extend the Agency's deadline for commencement of eminent domain proceedings
by twelve years; 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\11\113910.2 1A �`
1 (01711 0IN! AL
redevelopment of the Project Area in accordance with the goals, objectives, and policies of the
City of San Rafael's General Plan, the Original Plan, the Amended 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 amendments to the
Original Plan and Amended Plan which amendments are incorporated in a Second Amended and
Restated Redevelopment Plan for the Central San Rafael Redevelopment Project Area (the
"Second 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 Second
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, on July 18, 1988, the City Council certified the environmental impact report
prepared for the City of San Rafael General Plan ("General Plan"), which environmental
documentation considered the environmental impact of the land use designations within the
boundaries of the Project Area; and
WHEREAS, the purpose of the Second Amended Plan is to include authority for the
Agency to take graffiti removal/abatement actions, to undertake hazardous materials remediation,
to provide commercial rehabilitation loans, to extend the deadline for commencement of eminent
domain proceedings by twelve years, to assist in financing manufacturing and industrial facilities
and to provide assistance with seismic retrofits. 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 August 11, 1998, recommending approval and adoption of the Second
Amended Plan, and approval and adoption of the environmental documentation prepared for the
General Plan as the Program EIR for the Second Amended Plan; and has certified that the
Second Amended Plan conforms to the General Plan; and
WHEREAS, pursuant to Section 15168 of the Guidelines to the California Environmental
Quality Act of 1970 as amended ("CEQA Guidelines"), the environmental checklist completed
by Agency staff and dated July 1, 1998, and the Planning Commission recommendation, the
environmental impact report prepared for the General Plan may serve as a Program EIR for the
Second Amended Plan; and
WHEREAS, by resolution adopted prior to the adoption of this Ordinance, the City
Council and the Agency have made certain finding and statements in compliance with Sections
15091, 15093, 15162, 16168 of the CEQA Guidelines; and
WHEREAS, on September 8, 1998, the City Council and the Agency conducted a special
joint public hearing which was duly noticed in accordance with the requirements of the
Redevelopment Law; and
141\11\113910.2 2
WHEREAS, at or prior to the special joint public hearing on the Second Amended Plan,
the City Council and Agency received certain written objections to the Second Amended Plan.
By resolution adopted prior to the introduction of this Ordinance, and pursuant to Health and
Safety Code Section 33363, the City Council prepared its responses and findings (the
"Findings") in writing to all written objections it received in connection with consideration of
adoption of the Amended Plan; and
WHEREAS, prior to adoption of the Second Amended Plan, the City Council and the
Agency conducted a special joint public hearing which was duly noticed in accordance with the
requirements of the Redevelopment Law; and
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 Second Amended Plan and
on the evidence presented at the special joint public hearing, the City Council finds and
determines with respect to the amendments incorporated in the Second Amended Plan by this
Ordinance that:
a) The amendments incorporated in the Second Amended Plan by
this Ordinance conform to the General Plan (see particularly Parts I and VII of the Report on the
Second Amended Plan regarding evidence with respect to this finding).
b) The amendments incorporated in the Second Amended Plan by
this Ordinance 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 amendments incorporated in the Second Amended Plan by this Ordinance 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 the Introduction and Parts I and
II of the Report on the Second Amended Plan regarding evidence with respect to this finding).
C) The adoption and implementation of the amendments
incorporated in the Second Amended Plan by this Ordinance are economically sound and
feasible (see particularly Parts II and IV of the Report on the Second Amended Plan regarding
evidence with respect to this finding).
d) The amendments incorporated in the Second Amended Plan by
this Ordinance 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 Parts II and IV of the Report on the
Second Amended Plan regarding evidence with respect to this finding).
e) 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 Second Amended Plan
may result in the temporary or permanent displacement of any occupants of housing facilities in
141\11\113910.2 3
the Project Area (see particularly Parts V and XIII of the Report on the Second Amended Plan
regarding evidence with respect to this finding).
f) The condemnation of real property, if any, is necessary to the
execution of the Second Amended Plan and adequate provisions have been made for payment of
property to be acquired as provided by law (see particularly Parts I, II, V, and XIII of the Report
on the Second Amended Plan regarding evidence with respect to this finding).
g) 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 Parts V and XIII of the Report on the Plan regarding
evidence with respect to this finding).
h) 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 V of the Report on the Plan regarding evidence with
respect to this finding).
i) The matters set forth in Health and Safety Code Section 33367
(d)(1), (d)(9), (d)(10), (d)(11), d(12) and (d)(13) are not applicable to or affected by the
amendments incorporated in the Second Amended Plan by this Ordinance, and consequently no
further findings with respect to such matters are required (see particularly the Introduction, Parts
I and II of the Report on the Second Amended Plan regarding evidence with respect to this
finding).
Section 2. The City Council hereby further finds and determines that there is no
substantial evidence that the proposed amendments embodied in the Second Amended Plan will
have a significant effect on the environment.
Based on the foregoing, the City Council hereby adopts and approves the EIR certified as
the EIR for the City of San Rafael General Plan as a Program EIR for the Second Amended Plan.
Section 3. It is the continuing purpose and intent of the City Council that the Second
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;
141\11\113910.2 4
d) Encourage and foster the economic revitalization of the Project
Area, as necessary.
Section 4. All written and oral objections to the amendments incorporated in the
Second Amended Plan by this Ordinance are hereby overruled. In accordance with Health and
Safety Code Section 33363, the reasons for overruling all written objections are more fully set
forth in City Council Resolution No. 10316, adopted prior to consideration of this Ordinance.
Section 5. It is hereby found and determined that the proposed amendments
embodied in the Second Amended Plan are necessary and desirable. The Original Plan, all
amendments and restatements of the Original Plan, and all ordinances adopting or previously
amending the Original Plan are hereby amended in accordance with the Second Amended Plan.
The Second Amended Plan is hereby adopted, approved and designated as the official
redevelopment plan for the Project Area. The Second Amended Plan, consisting of 24 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 Agency is vested with the continuing responsibility to
implement the Second Amended Plan.
Section 6. The Executive Director of the Agency is hereby directed to record the
Second Amended Plan in compliance with the provisions of Health and Safety Code Section
33456 and Government Code Section 27295.
Section 7. If any provision, section, subsection, subdivision, sentence, clause or
phrase of this Ordinance or the Second 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 Second Amended Plan.
Section 8. This Ordinance shall be published once in full before its final adoption in
the Marin Indenendent Journal, a newspaper of general circulation, published and circulated in
the City of San Rafael, County of Marin, and shall be in full force and effect thirty (30) days
after its final adoption.
X'/ / e
AtBERT J. B _ O, Mayor
Attest:
� 11, �ppra-Yi,c�� ,:
JE M. LEONCTI�I, City Clerk
141\11\113910.2 5
The foregoing Ordinance No.1732 was read and introduced at a regular meeting of the
City Council of the City of San Rafael, held on the 21st day of September, 1998, and ordered
passed to print by the following vote, to wit:
AYES:COUNCILMEM3ERS: Cohen, Heller, Miller and Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEM 3ERS: Phillips
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 5th day of October, 1998.
JE M. LEONCD&, Citi Clerk
Q
141\11\113910.2 6
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
fi
State of California
County of Marin
On Sept_ 23, 1998 , before me,
Date
ss.
Nancy Eurman, Notary Public
Name and Title of Officer (e.g., "Jane Doe, Notary Publics �
personally appeared Al bert J. Boro ,
Name(s) of Signer(s)
(personally known to me
❑ proved to me on the basis of satisfactory
evidence
r
NANCY EURMAN D
COMM, 41OB6576 T
n0
NOTARY PUBLIC -CALIFORNIA 0
`
MARIN COUNTY J
1
My Comm. Expires Feb. 4, 2000 `
Place Notary Seal Above
to be the personks) whose nameksj is/ar$
subscribed to the within instrument and
acknowledged to me tha hosbe/th* executed
the same in hi /their authorized
capacity(ies-), and that by �s%Iter/their
signature(s-)-on the instrument the person(s), or
the entity upon behalf of which the person(s)
acted, executed the instrument.
WITNESS my hand and official seal.
Sgnre Notary Publlc
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document: CITY OF SAN RAFAEL ORDINANCE NO. 1732
Document Date: --
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer's Name: Albert J. Boro
XX Individual
❑ Corporate Officer — Title(s):
❑ Partner Limited ❑ General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Number of Pages: Six
Jeanne M. Leoncini, City Clerk
Signer Is Representing: City of San Rafael as Mayor
1111` , 'I
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01997 National Notary Association - 9350 De Soto Ave.. P.O. Box 2402 - Chatsworth, CA 91313-2402 Prod. No. 5907 Reorder. Call Toll -Free 1-600-676-6627
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
ss.
County of Marin
On Sept. 23, 1998 , before me, Nancy Eurman, Notary Public
Date Name and Title of Officer (e.g., "Jane Doe, Notary Public")
personally appeared Jeanne M. Leoncini
Name(s) of Signer(s)
Upersonally known to me
❑ proved to me on the basis of satisfactory
evidence
__
.l f_ P. J. .1, A A -- f
NANCY EURMAN D
Q
comm. "086576 Q
NOTARY PUBLIC -CALIFORNIA U
QMARIN
COUNTY
My Comm. Expires Feb. 4, 2000 1
Place Notary Seal Above
to be the persons) whose name(s) ,islai,
subscribed to the within Instrument and
acknowledged to me that sh� executed
the same iniris F(�i authorized
capacity(ip&); and that by jis/hedtheir
signature4*on the instrument the person(s), or
the entity upon behalf of which the person(
acted, executed the instrument.
WITNESS my hands and official seal.
ll'(-!tivt/..*✓r�` /ter . --,
V Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document: CITY OF SAN RAFAEL ORDINANCE NO. 1732
Document Date: -' Number of Pages:
Signer(s) Other Than Named Above: Albert J" Boro , Mayor
Capacity(les) Claimed by Signer
Signer's Name: Jeanne M. Leoncini
IA Individual
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing: City of San Rafael as City Clerk
01997 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 Prod. No. 5907
Six
'V
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Reorder. Call Toll -Free 1-800-876-6827