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HomeMy WebLinkAbout094-86 ORDINANCE NO. 94 AN ORDINANCE OF THE CITY OF DANVILLE, CALIFORNIA, APPROVING AND ADOPTING THE REDEVELOPMENT PLAN FOR THE DOWNTOWN REDEVELOPMENT PROJECT WHEREAS, the City Council of the City of Danville has received from the Community Development Agency of the City of Danville (the "Agency") the proposed Redevelopment Plan (the "Redevelopment Plan") for the Downtown Redevelopment Project (the "Project"), as approved by the Agency, a copy of which is on file at the office of the Agency at 510 LaGonda Way, Danville, California, and at the office of the City Clerk, City Hall, 510 LaGonda Way, Danville, California, together with the Report of the Agency including the reasons for the selection of the Project Area, a description of the physical, social and economic conditions existing in the Project Area, the proposed method of financing the redevelopment of the Project Area, a plan for the relocation of property owners and tenants who may be temporarily or permanently displaced from the Project Area, and analysis of the Preliminary Plan, the report and recommen- dations of the Planning Commission of the City of Danville (the "Planning Commission"), an Environmental Impact Report on the Redevelopment Plan, the report of the County Fiscal Officer and the Agency's analysis thereof, the report of the Fiscal Review Committee and the Agency's analysis thereof and a neighborhood impact report; and WHEREAS, the Planning Commission has submitted to the Council its report and recommendations for approval of the Redevelopment Plan, and its certification that the Redevelopment Plan conforms to the General Plan of the City of Danville; and WHEREAS, the Council and the Agency held a joint public hearing on July 7, 1986, on adoption of the Redevelopment Plan and on certification of the Final Environmental Impact Report on the Redevelopment Plan, in the Board Room of the San Ramon Valley Unified School District Administration Center, 699 Old Orchard Drive, Danville, California; and WHEREAS, a notice of said hearing was duly and regularly published in the Valley Times, a newspaper of general circula- tion in the County of Contra Costa, once a week for four successive weeks prior to the date of said hearing, and a copy of said notice and affidavit of publication are on file with the City Clerk and the Agency; and WHEREAS, copies of the notice of joint public hearing were mailed by certified mail with return receipt requested to the last known address of each assessee of each parcel of land in the proposed Project Area, as shown on the last equalized assessment roll of the County of Contra Costa; and WHEREAS, copies of the notice of joint public hearing were mailed by certified mail with return receipt requested to the governing body of each taxing agency which receives taxes from property in the Project Area; and WHEREAS, the Agency has prepared and submitted a program for the relocation of persons and businesses who may be displaced as a result of carrying out the Project in accordance with the Redevelopment Plan; and WHEREAS, the Council has general knowledge of the conditions existing in the Project Area and of the availability of suitable housing in the City for the relocation of families and persons who may be displaced by the Project, and in the light of such knowledge of local housing conditions, has carefully considered and reviewed such program for relocation; and WHEREAS, the Council has considered the report and recommendations of the Planning Commission, the report of the Agency, the Redevelopment Plan and its economic feasibility, the feasibility of the relocation program and the Environmental Impact Report, has provided an opportunity for all persons to be heard and has received and considered all evidence and testimony presented for or against any and all aspects of the Redevelopment Plan; and WHEREAS, the Council has reviewed and considered the Environmental Impact Report for the Redevelopment Plan, prepared and submitted by the Agency pursuant to Public Resources Code Section 21151 and Health and Safety Code Section 33352, and determined that the Redevelopment Plan will not have a signifi- cant effect on the environment; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DANVILLE DOES HEREBY ORDAIN AS FOLLOWS: Section 1. That the purpose and intent of the City Council with respect to the Project Area is to accomplish the following: a. Eliminate blighting influences and correct environ- mental deficiencies in the Project Area, including, among others, small and irregular lots, obsolete and aged building types, incompatible and uneconomic land uses and inadequate or deteriorated public improvements; -2- b. Assemble land into parcels suitable for modern, integrated development with improved pedestrian and vehicular circulation; c. Replan, redesign and develop undeveloped areas which are stagnant or improperly utilized; d. Provide opportunities for participation by owners and tenants in the revitalization of their properties; e. Provide an environment for social and economic growth; f. Expand employment opportunities; g. Establish and implement performance criteria to assure high site design standards and environmental quality and other design elements which provide unity and integrity to the entire Project; and h. Expand and improve the supply of housing for low- and moderate-income persons. Section 2. The Council hereby finds and determines that: a. The Project Area is a blighted area, the redevelop- ment of which is necessary to effectuate the public purposes declared in the California Community Redevelopment Law (Health and Safety Code Section 33000 et seq.). This finding is based upon the following conditions which characterize the Project Area: (1) The existence of unfit or unsafe buildings and structures due to age, obsolescence, deterioration, defective design or character of physical construction, faulty exterior spacing, mixed character and shifting of uses; (2) The existence of properties which suffer from economic dislocation, deterioration and disuse because of: inadequate public improvements, facilities, utilities and open spaces, including inadequate traffic circulation, parking, sidewalks, curbs, gutters, street lights, water distribution and sewers, and lots (parcels) of irregular form, shape and size, which cannot be remedied with private or governmental action without redevelopment; (3) A lack of proper utilization of property, resulting in a stagnant and unproductive condition of land potentially useful and valuable; and (4) A prevalence of economic maladjustment evi- denced by impaired investments. -3- It is further found and determined that such conditions are causing and will increasingly cause a reduction and lack of proper utilization of the area to such an extent that it constitutes a serious physical, social and economic burden on the City, which cannot reasonably be expected to be reversed or alleviated by private enterprise acting alone, requiring redevelopment in the interest of the health, safety and general welfare of the people of the City and the State. This finding is based on the fact that governmental action available to the City without redevelopment would be insufficient to cause any significant correction of the blighting conditions, and that the nature and costs of the public improvements and facilities required to correct the blighting conditions are beyond the capacity of the City and cannot be undertaken or borne by private enterprise acting alone or in concert with available governmental action. b. The Redevelopment Plan will redevelop the Project Area in conformity with the Community Redevelopment Law and in the interests of the public peace, health, safety and welfare. This finding is based upon the fact that redevelopment of the Project Area will implement the objectives of the Community Redevelopment Law by aiding in the elimination and correction of the conditions of blight, providing for planning, development, redesign, clearance, reconstruction or rehabilitation of properties which need improvement and providing for higher economic utilization of potentially useful land. c. The adoption and carrying out of the Redevelopment Plan is economically sound and feasible. This finding is based on the fact that under the Redevelopment Plan the Agency will be authorized to seek and utilize a variety of potential financing resources, including tax increments; that the nature and timing of public redevelopment assistance will depend on the amount and availability of such financing resources, including tax increments generated by new investment in the Project Area; and that under the Redevelopment Plan no public redevelopment activity will be undertaken unless the Agency can demonstrate that it has adequate revenue to finance the activity. d. The Redevelopment Plan conforms to the General Plan of the city of Danville. This finding is based on the finding of the Planning Commission that the Redevelopment Plan conforms to the General Plan of the City of Danville. -4- e. The carrying out of the Redevelopment Plan will promote the public peace, health, safety and welfare of the City of Danville and will effectuate the purposes and policy of the Community Redevelopment Law. This finding is based on the fact that redevelopment will benefit the Project Area by correcting conditions of blight and by coordinating public and private actions to stimulate development and improve the economic, social and physical conditions of the Project Area. f. The Agency has a feasible method and plan for the relocation of families and persons who might be displaced, temporarily or permanently, from housing facilities in the Project Area. This finding is based upon the fact that the Redevelopment Plan provides for relocation assistance according to law. g. There are, or are being provided, within the Project Area or within other areas not generally less desirable with regard to public utilities and public and commercial facilities and at rents or prices within the financial means of the families and persons who might 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. This finding is based upon the fact that no person or family will be required to move from any dwelling unit until suitable replace- ment housing is available. h. Inclusion of any lands, buildings or improvements which are not detrimental to the public health, safety or welfare is necessary for the effective redevelopment of the entire area of which they are a part, and any such area is not included solely for the purpose of obtaining the allocation of tax increment revenues from such area pursuant to Section 33670 of the Community Redevelopment Law without other substantial justification for its inclusion. This finding is based upon the fact that the boundaries of the Project Area were chosen as a unified and consistent whole to include lands that were under- utilized because of blighting influences, or affected by the existence of blighting influences, and land uses significantly contributing to the conditions of blight, whose inclusion is necessary to accomplish the objectives and benefits of the Redevelopment Plan. i. The elimination of blight and the redevelopment of the Project Area could not reasonably be expected to be accomplished by private enterprise acting alone without the aid and assistance of the Agency. This finding is based upon the existence of blighting influences, including the lack of -5- adequate public improvements and facilities, and the inability of individual developers to economically remove these blighting influences without substantial public assistance in providing adequate public improvements and facilities, the inability of low- and moderate-income persons to finance needed improvements, and the inadequacy of other governmental programs and financing mechanisms to eliminate blight, including the provision of necessary public improvements and facilities. j. The effect of tax increment financing will not cause a significant financial burden on any taxing agency deriving revenues from the Project Area. This finding is based on the following facts: (1) pursuant to Health and Safety Code Section 33676, any affected taxing agency may elect, and every school and community college district shall elect, to be allocated a portion of the tax revenues at the time of their displacement. Such housing units shall be suitable to the needs of such displaced persons or families until such housing units are available and ready for occupancy. Section 4. Written objections to the Redevelopment Plan filed with the City Clerk before the hour set for hearing and all oral objections presented to the Council at the hearing having been considered are hereby overruled. Section 5. That certain document entitled "Redevelopment Plan for the Danville Redevelopment Project", the maps contained therein and such other reports as are incorporated therein by reference, a copy of which is on file in the office of the City Clerk, having been duly reviewed and considered, is hereby incorporated in this Ordinance by reference and made a part hereof, and as so incorporated is hereby designated, approved and adopted as the official "Redevelopment Plan for the Danville Redevelopment Project". Section 6. In order to implement and facilitate the effectuation of the Redevelopment Plan hereby approved, this Council hereby (a) pledges its cooperation in helping to carry out the Redevelopment Plan, (b) requests the various officials, departments, boards and agencies of the City having administra- tive responsibilities in the Project Area likewise to cooperate to such end and to exercise their respective functions and powers in a manner consistent with the redevelopment of the Project Area, (c) stands ready to consider and take appropriate action upon proposals and measures designed to effectuate the Redevelopment Plan, and (d) declares its intention to undertake and complete any proceeding necessary to be carried out by the City under the provisions of the Redevelopment Plan. -6- Section 7. The City Clerk is hereby directed to send a certified copy of this Ordinance to the Agency whereupon the Agency is vested with the responsibility for carrying out the Redevelopment Plan. Section 8. The city Clerk is hereby directed to record with the County Recorder of Contra Costa 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 9. The City Clerk is hereby directed to transmit a copy of the description and statement recorded by the Clerk pursuant to Section 8 of this Ordinance, a copy of this Ordinance and a map or plat indicating the boundaries of the Project Area, to the auditor and assessor of the County of Contra Costa, to the governing body of each of the taxing agencies which receives taxes from property in the Project Area and to the State Board of Equalization. Section 10. PUBLICATION. The City Clerk is hereby ordered and directed to certify to the passage of this Ordinance and to cause the same to be published once in the Valley Times, a newspaper of general circulation, published and circulated in the City of Danville. Section 11. SEVERABILITY. If any part of this Ordinance or the Redevelopment Plan which it approves is held to be invalid for any reason, such decision shall not affect the validity of the remaining portion of this Ordinance or of the Redevelopment Plan, and this Council hereby declares that it would have passed the remainder of this Ordinance or approved the remainder of the Redevelopment Plan if such invalid portion thereof had been deleted. Section 12. EFFECTIVE DATE. This Ordinance shall be in full force and effect thirty (30) days after its passage. PASSED, APPROVED AND ADOPTED this 14th day of July 1986, by the following vote: AYES: Kennett, McNeely, Schlendorf NOES: None ABSENT: Lane, 0ffenhartz ABSTAIN: None ~~ /~c~/ Mayor // ATTEST: Clerk --7-- -..... '\ C-T-' SANTINA & . THOMPSON. 1Ne. @ ICAU! .. PDT o JOG ..00 ........-...-, 100 aoo 100 1040 0IIIl CIIOYl lOAD COHCClID. 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