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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 .00 NO FEE .00 TOTAL TENDERED .00 CHANGE .00 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 Top of thumb here 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 C 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 Top of thumb here Reorder. Call Toll -Free 1-800-876-6827