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HomeMy WebLinkAboutOrdinance 2116 N.C.S. 06/04/2001.~ ~~~~ ~~ ~~ n~ ,~ :~:~~ ORDINANCE NO. 2116 NCS Introduced by Matt Maguire Seconded by Mike O'Brien APPROVING AND ADOPTING THE SECOND AMENDMENT TO THE REDEVELOPMENT PLAN FOR THE CENTRAL BUSINESS DISTRICT REDEVELOPMENT PROJECT WHEREAS, the City Council of the City of Petaluma adopted the Central Business District Redevelopment Plan by Ordinance No. 1221 on September 27, 1976, amended by Ordinance No. 1973 on November 21, 1994, and amended by adoption of Ordinance No. 2092 on July 21, 1999; and WHEREAS, the Community Development Commission of the City of Petaluma (the "Commission") has been designated as the official redevelopment agency to carry out in the City of Petaluma the functions and requirements of the Community Redevelopment Law of the California (Health and. Safety Code Section 33000 et seq.) and to implement the Redevelopment Plan; and W>FIEREAS, the Commission has proposed an Amendment to the Redevelopment Plan for the Project (the "Amendment") to do the following: (i) expand the boundaries of the 98-acre existing Central Business District Redevelopment Project Area ("Existing Area") to encompass two contiguous added areas totaling approximately 127 acres; (ii) extend the time limits applicable to the existing Central Business District Redevelopment. Plan for carrying out redevelopment actions, collecting tax increment revenue, incurring debt, and exercising eminent domain authority (on non-residential uses only); (iii) establish a limit on the amount of outstanding bonded indebtedness for the Amended Project Area; and (iv) enhance and augment the projects and activities that may be undertaken by the Commission to reflect current and anticipated redevelopment needs; WHEREAS, the Planning Commission of the City of Petaluma (the "Planning Commission") has reviewed, the Amendment and recommended the approval and adoption of the Amendment, together with its certification that the Amendment conforms to the General Plan of the City of Petaluma; and WHEREAS, the City Council has received from the Commission the proposed . Amendment, together with the. Report to the Council pursuant to Section 33352 of the Health and Safety Code and the. Environmental Impact Report (the "E1R") on the Amendment pursuant to Public Resources Code Section 21151; and WHEREAS, under CEQA Guidelines, any future public or private activity or undertaking pursuant to the Plan that requires discretionary approval shall be assessed for any significant adverse environmental impacts associated with such activity or undertaking; and Ord. 2116 NCS Page 1 WHEREAS., the City Council and the Commission held a joint public hearing on May 21, 2001, on adoption of the Amendment and on approval of the EIIZ and said Amendment, in the City Council Chambers, City Hall, 11 English Street, Petaluma, California; and WHEREAS, a notice of said hearing was duly and regularly published in the Petaluma Angus Courier,. a newspaper of general circulation in the City of Petaluma, 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 Commission; and WHEREAS, copies of the notice of public hearing were mailed by first-class mail to all residents and businesses within the Project Area; and WHEREAS, copies of the notice of public hearing were mailed by first-class mail to the last known address of each addressee of each parcel of land in the Project Area, as shown on the last equalized assessment roll of the County of Sonoma; and WHEREAS, copies of the notice of 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 Council has considered the Report of the Commission and the report and recommendation of the Planning Commission, the Amendment and its economic feasibility, the EIR, and provided an opportunity for all persons to be hear, and has received and considered all evidence and testimony presented for or against any and all aspects of the Amendment; and WHEREAS, the Commission and the City Council have reviewed and considered the EIR on the Amendment, as prepared and submitted pursuant to the Public Resources Code Section 21000 et.seq. and Health and Safety Code Section 33352, and determined that the Amendment will not have a significant effect on the environment; WHEREAS, after holding the joint public hearing, the Commission has decided to delegate its power of eminent domain to the City Council when such power is granted in a redevelopment plan adopted by the City Council. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PETALUMA HEREBY ORDAINS AS F®LLOWS: Section 1. The purposes and intent of the City Council with respect to the Amendment are to (i) expand the boundaries of the existing Central Business District Redevelopment Project Area to encompass. two contiguous added areas totaling approximately one-hundred twenty seven (127) acres,., more particularly described in the Legal Description of the Amendment attached hereto as Exhibit A, and incorporated herein by this reference.; (ii) extend the time limit for incurring debt by ten (10) years to September 27, 2011; (iii) establish a limit on the amount of bonded indebtedness for the Amendment of fifty million dollars ($50,000,000); (iv) exercise eminent domain authority for non-residential properties for twelve (12) years to 2012; and (v) enhance and augment the Amendment Project and activities. Section 2. The goals of the City Council in approving and adopting the Amendment are as follows: Ord. 2116 NCS Page 2 'a. Eliminate adverse physical and economic conditions in the Project Area. b. Provide an environment conducive to social and economic growth. c. Implement. the Central Petaluma Specific Plan. d. Promote. economic vitality in Petaluma's Central Business District by attracting new jobs that will employ Petalumans, encouraging new development and mixed uses, and enhancing the downtown. e. Encourage development, public access and recreational opportunities along the river, and help to integrate river orientation by rehabilitating older shopping centers. f. Provide for a mixture of industrial, office, retail and compatible residential development. g. Provide sufficient parking to serve new businesses and residents while supporting the use of alternative modes of transportation and facilities primarily pedestrian uses. h. Construct and repair public infrastructure,. including streets, sidewalks, curbs and gutters, water and sewer systems. i. Reinforce the role of the Central Business District as a center for transit and non- vehicular modes of travel. j. Provide a street system in undeveloped areas that strengthens the existing roadway network, serves new development, and balances the need for through movement with livability and pedestrian/bicycle orientation. k. Enhance streetscape improvements, including street trees, landscaping, sidewalks and strengthen linkages to and along the river through a system of urban open spaces. 1. Ensure a choice of housing types and locations to all persons regardless of income, sex, cultural origin, age, marital status, or physical disabilities. Section 3. The Council is satisfied that all written objections received before or at the noticed public hearing ..have been responded to in writing. In addition, written findings have been adopted iri response to each written objection of an affected property owner or taxing entity which has been filed with the City Clerk either before or at the noticed public hearing. Section 4. The City Council hereby finds and determines that: a. Significant blight remains within the .Existing Area and the Added Area and is blighted in accordance with. Health and Safety Code Section 3.3031., and said blight cannot be eliminated without (i) expanding the Project Area; (ii) limiting the number of dollars of taxes that may be divided and allocated to the Commission pursuant to the Redevelopment Plan, and (iii) limiting the principal amount of bonds representing tax allocation bonded indebtedness that can be outstanding at any one time and payable in whole: or in part from tax allocation attributable to the Project; extending the time in .which eminent domain authority may be exercised on non-residential property in the Project Area; and, enhancing and augmenting projects and activities to be undertaken by the Commission pursuant to the Amendment Plan. b. The Amendment will enable the Project Area to be redeveloped in conformity with the Community Redevelopment Law and in the interests of the public peace, health, safety and welfare. This Ending is based upon the fact that redevelopment of the Project Area, as contemplated by the Redevelopment Plan, as amended by the Amendment, will implement the objectives of the Community Redevelopment Law by aiding in the elimination and correction of the conditions of blight and deterioration in the Project Area; provide for planning, development, Ord. 2116 NCS Page 3 redesign, clearance, reconstruction or rehabilitation of properties which need improvement; providing additional employment opportunities, and providing for higher economic utilization of potentially useful land. c. The adoption and carrying- out of the Amendment is economically sound and feasible. This finding is based upon the fact that under the Redevelopment Plan, as proposed to be amended, the Commission 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, as proposed to be amended, no public redevelopment activity will be undertaken unless the Commission can demonstrate that it has adequate revenue to finance the activity. d. The Amendment conforms to the General Plan of the City of Petaluma, including, but not limited to, the community's housing element, which substantially complies with the requirement of Article 10.6 (commencing. with Section 65580) of Chapter 3 of Division 1 of Title 7 of the Government Code. This finding is based on the report of the Planning Commission that the Amendment conforms to the General Plan of the City o:f Petaluma. e. The carrying out of the Amendment will promote the public peace, health, safety and welfare of the City of Petaluma and will. effectuate the purposes and policies of the Community Redevelopment Law. this finding is based upon the fact that redevelopment, as contemplated by the Redevelopment Plan, as amended by the Amendment, 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. . £ The elimination of blight and the redevelopment of the Project Area cannot be reasonably expected to be accomplished by private enterprise acting alone without the aid and assistance of the Commission. This finding is based upon the continued. existence of blighting influences, including the lack of adequate public improvements,. and the inability of individual developers to economically remove these blighting influences without public assistance to acquire and assemble sites for development, and the provisions of public improvements, facilities and utilities, 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. g. The time limitation and the limitation on the. number of dollars to be allocated to the Commission that are contained in the Redevelopment. Plan, as amended by the Amendment, are reasonably related to the proposed projects to be implemented. in the Project Area 'and to the ability of the Commission to eliminate blight within the Project Area. Section 5. Each .individual public activity/improvement or private development action within. the Project Area and/or in furtherance of this Redevelopment Plan that will require a discretionary approval by the Agency or the City will, at a minimum, be subject to a preliminary California Environmental Quality Act (CEQA) review to determine if the activity, improvement, or development action then requires preparation of a negative declaration, a mitigated negative declaration or a subsequent or supplemental environmental impact report in accordance with the applicable standards of CEQA and the CEQA guidelines. Ord. 2116 NCS Page 4 Section ,6. The Redevelopment Plan for the Project, as adopted by Ordinance No. 1221, is hereby amended as set forth in the proposed "Amendment to the Redevelopment Plan for the Petaluma Community Development Project, attached hereto as Exhibit A and incorporated herein. As so amended, the Redevelopment Plan is hereby incorporated by reference herein and designated as the official Redevelopment. Plan for the Petaluma Community Development Project. The Executive Director of the Commission is hereby authorized to combine the Redevelopment Plan, as amended by this Agreement, into a single document, and said document, when filed with the City Clerk and. the Secretary of the Commission, shall constitute the official Redevelopment Plan in place of the document currently constituting said Redevelopment Plan. Section 7. In order to implement and facilitate the effectuation of the Amendment hereby approved, it may be necessary for the City Council to take certain actions, and accordingly, .this City Council hereby (i) pledges its cooperation in helping to carry out the Amendment; (ii) requests the various officials, departments, boards and agencies of the City having administrative 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 pursuant to the Amendment; (iii) stands ready to consider and take appropriate action upon proposals and measures designed to effectuate the Amendment; and (iv) declares its intention to undertake and complete any proceeds necessary to be carried out by the City under the provisions of the Amendment. Section 8. That the Amendment. includes all maps and documents incorporated herein by reference, having. been duly reviewed and considered, is hereby incorporated in this Ordinance as Exhibit B and made a part hereof, and, as so incorporated, is hereby designated, approved, and adopted to the RedevelopmentPlan for the Central Business District Project. Section 9. The Commission hereby delegates its power of eminent domain to the City Council. Section 10. Ordinance No. 1221 NCS is continued in full force and effect as amended by this Ordinance. Section 11. The City Clerk is hereby directed to send a certified copy of this Ordinance to the Commission, whereupon the Commission is vested with the responsibility for carrying out the Redevelopment Plan as amended by the Amendment. Section 12. The City Clerk is hereby directed to record with~the County Recorder of Sonoma County a notice of the approval and adoption of the Amendment pursuant to this Ordinance containing a statement that proceedings for the redevelopment of the Project Area pursuant to the Amendment have been instituted under the California Community Redevelopment Law. Section 13. The City .Clerk is hereby directed to transmit a copy of this Ordinance Amending the Redevelopment Plan to the auditor, assessor and tax collector of the County of Sonoma, to the governing body of each of the taxing agencies which. levies taxes upon any property in the Project Area and to the State Board of Equalization. Ord. 2116 NCS Page 5 ' section 14. In accordance with Health and Safety Code Section 33374, the Building Department of the City is hereby directed for a period of two (2) years to advise all applicants for permits within the Project Area that the site for which a building plan is sought for construction of buildings or for other improvements is within the amended Project Area. Section 15. Effective Date. This Ordinance shall be in full force and effect thirty (30) days after its passage. Section 16. 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 Petaluma Argus- Courier, anewspaper of general circulation, published and circulated in the City of Petaluma, California. Section 17. Severability. If any part of this Ordinance, or the Amendment 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 Amendment, and this City Council hereby declares that it would have passed the remainder of the Ordinance, or approved the remainder of the Amendment, if such invalid portion thereof had been deleted. INTRODUCED and ordered Published/Posted this 4th day of June 2001. ADOPTED this 18th day of June, 2001, by the following vote: AYES: O'Brien, Maguire, Moynihan, Vice Mayor Cader-Thompson NOES: None ABSENT: None ABSTAIN: Healy, Torliatt, Mayor Thompson ayor ATTEST: City Clerk ~~~~~~~ ~u ~ ~~~~ Ord. 2116 NCS Page 6