HomeMy WebLinkAboutOrdinance 2272 N.C.S. 06/18/2007 EFFECTIVE DATE ORDINANCE NO. 2272 N.C.S.
OF ORDINANCE
July 18, 2007
1 Introduced by Seconded by
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5 Mike O'Brien Teresa Barrett
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12 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PETALUMA
13 ADOPTING A PROGRAM FOR THE USE OF EMINENT DOMAIN
14 WITHIN THE CENTRAL BUSINESS DISTRICT PROJECT AREA
15 BY THE PETALUMA COMMUNITY DEVELOPMENT COMMISSION
16 PURSUANT TO SB 53 AND SB 1803
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19 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PETALUMA AS FOLLOWS:
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21 WHEREAS, the Petaluma Community Development Commission, a public body
22 corporate and politic (the "PCDC") is a redevelopment agency duly organized pursuant to
23 Community Redevelopment Law (California Health and Safety Code Section 33000 of seq.l, and
24 pursuant thereto has responsibility to carry out the Redevelopment Plan for the Petaluma
25 Central Business District Project Area (the "Project Area"); and,
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27 WHEREAS, the redevelopment plan for the Project Area was adopted by the City Council
28 of the City of Petaluma (the "City Council") by Ordinance No. 1221 N.C.S. on September 27,
29 1976 (as subsequently amended by Ordinance No. 1973 N.C.S. adopted on November 24, 1994,
30 by Ordinance No. 2092 N.C.S. adopted on July 21, 1999, by Ordinance No. 21 16 N.C.S. on June
31 18, 2001, by Ordinance No. 2184 N.C.S. on June 7, 2004, and by Ordinance No. 2251 N.C.S. on
32 September 1 1, 2006, the "Redevelopment Plan"); and,
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34 WHEREAS, effective January 1, 2007, Senate Bill ("SB") 53 added Section 33342.7 to the
35 Health and Safety Code, pursuant to which legislative bodies that adopted a final
36 redevelopment plan prior to January 1, 2007 are required to adopt on or before July 1, 2007, an
37 ordinance that describes the redevelopment agency's program to acquire real property by
38 eminent domain; and,
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40 WHEREAS, SB 53 provides that following adoption of an ordinance describing a
41 redevelopment agency's program to acquire real property by eminent domain, such program
42 may only be modified pursuant to an amendment of the redevelopment plan; and,
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Ordinance No. 2272 N.C.S. Page 1
1 WHEREAS, effective January 1, 2007, SB 1809 amended Section 33373 of the Health and
2 Safety Code, pursuant to which a redevelopment agency must record a revised statement that
3 proceedings for the redevelopment of a project area have been instituted and that the
4 redevelopment plan authorizes the use of eminent domain by the redevelopment agency; and
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6 WHEREAS, the Redevelopment Plan provides the PCDC with authority to use eminent
7 domain to acquire non-residential property in certain limited circumstances following
8 compliance with all requirements of law.
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10 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PETALUMA DOES ORDAIN AS FOLLOWS:
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12 SECTION 1. The following is hereby adopted as the PCDC's program to acquire real
13 property by eminent domain in the Central Business District Project Area pursuant to Health and
14 Safety Code Section 33342.7:
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16 The Redevelopment Plan authorizes the PCDC to acquire non-residential property
17 by eminent domain within the Central Business District Project Area. The PCDC
18 may only acquire property by eminent domain following compliance with all
19 requirements of applicable law, including without limitation, compliance with all
20 requirements pertaining to notice; hearings, and the payment of just
21 compensation.
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23 SECTION 2. Statement of Institution
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25 The City Clerk, in cooperation with the PCDC, is hereby directed to record with the County
26 Recorder of Sonoma County a revised statement substantially in accordance with Exhibit A to
27 this Ordinance, that proceedings for the redevelopment of the Project Area have been
28 instituted under the Community Redevelopment Law and pursuant to the requirements of SB
29 1809.
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31 SECTION 3. Severability
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33 If any section, subsection, clause, or phrase of this Ordinance is for any reason held invalid, such
34 .invalidity shall not affect other provisions or applications of the Ordinance which can be given
35 effect without the invalid provision or application, and to this end the provisions of this
36 Ordinance are severable. This City Council hereby declares that it would have adopted this
37 Ordinance irrespective of the invalidity of any particular portion thereof and intends that the
38 invalid portions should be severed and fhe balance of the Ordinance be enforced.
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40 SECTION 4. California Environmental Quality Act ("CEQA")
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42 The City Council finds that this Ordinance is not subject to the California Environmental Quality
43 Act ("CEQA") pursuant to Sections 15060(c) (2) (the activity will not result in a direct or reasonably
44 foreseeable indirect physical change in the environment) and 15060(c) (3) (the activity is not a
45 project as defined in Section 15378) of the CEQA Guidelines (Title 14, Chapter 3 of the California
46 Code of Regulations) because it has no potential for resulting in physical change to the
47 environment, either directly or indirectly.
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50 SECTION 5. Effective Date and Publication
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Ordinance No. 2272 N.C.S. Page 2
1 Within fifteen (15) days from and after adoption, this Ordinance shall be published once in a
2 newspaper of general circulation printed and published in Sonoma County and circulated in
3 the City of Petaluma, in accordance with the City Charter. This Ordinance shall take effect thirty
4 (30) days after its adoption.
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8 INTRODUCED AND ORDERED POSTED/p"R',~Ti~ THIS 4'h day of June, 2007.
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10 ADOPTED THIS 18Th day of June, 2007, by the following vote:
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13 AYES: Barrett, Freitas, Harris, Vice Mayor Nau, O'Brien, Rabbitt, Mayor Torliatt
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15 NOES: None
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17 ABSENT: None
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19 ABSTAIN: None
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27 Pamela Torliatt, Mayor
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30 ATTEST: APPROV A T FORM:
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34 Claire Cooper, CMC, City Clerk Eric W. Danly, Cit Attorney
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