HomeMy WebLinkAboutOrdinance 1572 (Central SR Redevelopment 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. 1572 entitled:
"AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL APPROVING
AND ADOPTING THE AMENDED AND RESTATED CENTRAL SAN RAFAEL REDEVELOPMENT
PLAN ("AMENDED PLAN"), APPROVING THE ENVIRONMENTAL IMPACT REPORT
("EIR") PREPARED FOR THE CITY OF SAN RAFAEL GENERAL PLAN AS A PROGRAM
EIR 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 2ND day of October
1989 , 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 16TH day of October 1989
by the following vote, to wit:
AYES: COUNCILMEMBERS• Boro, Breiner, Frugoli, Thayer & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
WITNESS my hand and the official seal
of the City of San Rafael this
17TH day of October ,
19 89
JEAN LEONCINI, ity Clerk
RECORDED AT REQUEST OF:
THE SAN RAFAEL REDEVELOPMENT AGENCY
WHEN RECORDED MAIL TO:
Goldfarb and Lipman
One Montgomery Street
Telesis Tower
Twenty -Third Floor
San Francisco, CA 94104
Attn: Linda Manhart
ORDINANCE NO. 1572
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN
RAFAEL APPROVING AND ADOP'T'ING TBE AMENDED AND RESTATED
CENTRAL SAN RAFAEL REDEVELOPMENT PLAN ("AMENDED PLAN"),
APPROVING THE ENVIRONMENTAL IMPACT REPORT ("EIR")
PREPARED FOR THE CITY OF SAN RAFAEL GENERAL PLAN AS A
PROGRAM EIR 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, by 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"); and
WHEREAS, pursuant to the Community Redevelopment Law of
the State of Califor"iv (the "Redevelopment Law") , the San
Rafael Redevelopment Agency (the "Agency") has recommended
certain amendments to the Original Plein that, among other
things, would modify the land use provisions of the Original
Plan to ensure ongoing conformance to the City of San Rafael
General Plan. (the "General Plan") ; and
WHEREAS, the Agency has made studies of the impact:: of the
proposed amendments to the Original. :?Lan on the physical
condition of structures, environmental influences, land uses,
and social, economic and cultural conditions and has
determined that the proposed amendments to the Original Plan
will promote the proper redevelopmen: of the Central San
Rafael Redevelopment Project Area (tee "Project Area") in
accordance with the goals, objectives, and policies of the
General Plan, Original Plan, and the F:edevelopment Law; and
WHEREAS, the Agency has prepared.and submitted to the
City Council of the City of Seri Rafael (the "City Council")
for review and adoption the proposed amendments to the
Original Plan, which amendments are :incorporated in an Amended
and Restated Redevelopment Plan for 1 --he Central San Rafael
Redevelopment Project Area (the "Amended Plan"), a copy of
which is on file with the City Clerk of the City of Sart
Rafael; and
WHEREAS, the Agency has prepare3 and submitted, and the
City Council has reviewed and considered, a written report on
the proposed amendments (the "Report to 'the City Council")
pursuant to Health and Safety C.,'ode S!�c:tion 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 ::ity Council certified the
Environmental Impact Report ("EIR") prepared for the City of
San Rafael General Plan ("General Plein"), which EIR considered
the environmental impact of the land use designations within
the boundaries of the Project Area; and
WHEREAS, the purpose of the Amended Plan is to ensure
ongoing conformance between the- land use designations in the
General Plan and the land use designiat:ions in the Amended
Plan; and
WHEREAS, pursuant to Section 15168 of the Guidelines to
the California Environmental Quality Act of 1970 as amended
("CEQA Guidelines"), the EIR prepared for the General Plan may
serve as a Program EIR for the Amended Redevelopment Flan; 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 September 26, 1989, recommending approval
and adoption of the proposed amendme=nts to the Original Plan,
as such amendments are embodied in the Amended Plan, and
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approval and adoption of the EIR prepared for the General Plan
as the Program EIR for the Amended Plan; and has certified
that the proposed amendments and the Amended Plan conform to
the General Plan; and
WHEREAS, prior to adoption of t'.he proposed amendments,
the City Council and the Agency conducted a joint public
hearing which was duly noticed in accordance with the
requirements of the Redevelopment Lala; and
WHEREAS, at the joint public hearing, the City Council
considered and passed upon all oral and written objections to
the proposed amendments by overrulin:I such objections.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF
SAN RAFAEL does ordain as follows;
Section 1. In accordance with C;:Llifornia Health and
Safety Code Section 33457.1, and based upon the evidence
contained in the Report to City Coun::i.l and on the evidence
presented at the joint public hearing, the City Council finds
and determines with respect to the amendments incorporated in
the Amended Plan by this Ordinance that:
a) The amendments in,_:orpor;ated in the Amended Plan
by this Ordinance conform to the General Plan (see
particularly Parts I and VI of the Report to the City Council
regarding evidence with respect: to th:i.s finding).
b) The amendments incorporated in the Amended Plan
by this Ordinance would redevelop tiv� Project Area in
conformity with the Redevelopment Laia and would be in the
interest of the public peace, health, safety, and welfare; and
the implementation of the amendments incorporated in the
Amended Plan by this Ordinance would promote the public peace,
health, safety and welfare of the C":y of San Rafael, and
would effectuate the purposes and policy of the Redevelopment
Law (see particularly the Introduction and Part I of the
Report to the City Council regarding evidence with respect to
this finding).
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c) The adoption and i.mpiementation of the amendments
incorporated in the Amended Plan by this Ordinance are
economically sound and feasibly: (see particularly Part III
of the Report to the City Council regarding evidence with
respect to this finding).
d) The amendments incorporated in the 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 Pr.-)ject Area (see
particularly Part I, Part X, Part XI, and Part XIII of the
Report to the City Council regarding evidence with respect to
this finding).
e) The Agency has a .f..easib:LE! method or plan .for the
relocation of families and persons wii.ch may be displaced from
the Project Area if the Amended Plan may result in the
temporary or permanent displacement :)f' any occupants of
housing facilities in the Project ArU''�l (see particularly Part
IV of the Report to the City Council and the Agency's adopted
Relocation Guidelines regarding evidence with respect to this
finding.
f) The condemnation of real property, if any, is
necessary to the execution of the Amended Plan and adequate
provisions have been made for paymeiL'- of property to be
acquired as provided by law (see particularly Parts I and II
of the Report to the City Council re:jarding evidence with
respect to this finding).
g) There are, or are being provided, in the Project
Area or in other areas n( --,t 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
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employment (see particularly Pa.rt XIV 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 occup:ants housing facilities at
rents comparable to those in the com.:nunity at the time of
their displacement (see particularly Part XIV of the Report
on the Plan regarding evidence with respect to this finding).
i) The matters set forth iii Health and Safety Code
Section 33367 (d)(1), (d)(9), (d)(10), and (d)(11) are not
applicable to or affected by the amendments incorporated in
the Amended Plan by this Ordinance, and consequently no
further findings with respect 'to nuch matters are required
(see particularly the Introduction, I?art I, and Part II of
the Report to the City Council regarling 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 ?,mended Plan will have a
significant effect on the environment.
Based on the foregoing, the Cit-, 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 Amended Plan.
Section 3. It is the continuin:J purpose and intent of
the City Council that the Amended Plan be implemented sn order
to continue to:
a) Eliminate the con(Jition,3 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 development of the
Project Area;
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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 Amended Plan by this Ordinance
are hereby overruled.
Section 5. It is hereby found and determined that the
proposed amendments embodied in the ?\mended Plan are necessary
and desirable. The Original Plan an,3 Ordinance No. 1079
adopting the Original Plan are hereb,l amended in accordance
with the proposed amendments. The p?-oposed amendments to the
Original plan are hereby incorporated in the form of the
Amended Plan.
The Amended Plan is hereby adopted, approved and
designated as the official redevelop•nent plan for the Project
Area. The Amended Plan, consisting of 39 pages and four
exhibits, is incorporated in this Or:3inance by reference and
made a part of the Ordinance as if sit out in full in the
Ordinance. The City Clerk of t:he Ci --y of San Rafael is hereby
directed to file a copy of the Amended Plan with the minutes
of this meeting. The Agency is ves•:ed with the continuing
responsibility to implement the Amen:3ed Plan.
Section 6. The Fxecutive Director of the Agency is
hereby directed to record the Amende-3 Plan in compliance with
the provisions of Health and Safety Code Section 33456 and
Government Code Section 27295.
Section 7. Ordinance No. 1079 'adopting the Original
Plan) shall remain in full force and effect except to the
extent they are amended by this Ordinance.
Section B. 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 Sari Rafael within fifteen (1;5) --days from
and after its adoption, and shall taire effect and be enforced
thirty (30) days after its adoption.
.SM
LAWRENCE E. MULRYAN, M yor
Attest:
J
INNE M. LEONCINI,
C,,i�t4y Clerk
The foregoing Ordinance No. 15112 was read and introuuced at
a regular meeting of the City Council of the City of San Rafael, held
on the 2nd day of October, 1989, and ordered passed to print by the
following vote, to wit:
AYES: COUNCILMEMBERS: Boro, Breiner, Frugoli, Thayer & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: 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 16th day of
October, 1989.
�411/TRANNF. M T.FnMrr T
STATE OF CALIFORNIA }
COUNTY OF MARIN )
On this llthday of October 1982_, before me, A. M. MARCOTTE, a Notary
Public in and for the said County and State, residing therein, duly commissioned and
sworn, personally appeared LAWRENCE E. MULRYAN , personally known to me
(or proved to me on the basis of satisfactory evidence) 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.
A. M. MAR(.0 I , "6T --R-, YU✓Lll. 1';1 dfll7 For
said County and State.
STATE OF CALIFORNIA )
COUNTY OF MARIN )
OFFICIAL SEAL
A.M. MARCOTTE
NOTARY PUBLIC -CALIFORNIA
P►i *W Office in MARIN Courny
My rammisim Expires Na. 6.19M
On this 12th day of October, 1989, before me, A. M. MARCOTTE
a Notary Public in and for
the said County and State, residTng therein, duly commissioned
appeared ROSE LOLA SNIFFEN, personally known to me (or proved to m
satisfactory evidence) to be the Deputy City Clerk of the and sworn, personally
executed the within document and acknowledged to me that City of Sa °n the basis of
execute the same. City of San Rafael that
n Rafael did
IN WITNESS WHEREOF, I have hereunto set m
and year in this certificate first above wriand and affixed my official seal the day
T� A -K AM RCQ 1'E
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