HomeMy WebLinkAboutOrd. 1384-2007ORDINANCE NO. 1384-2007
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SOUTH SAN FRANCISCO ADOPTING A PROGRAM FOR THE
USE OF EMINENT DOMAIN BY THE REDEVELOPMENT
AGENCY OF THE CITY OF SOUTH SAN FRANCISCO
PURSUANT TO SB 53 FOR THE EL CAMINO CORRIDOR
REDEVELOPMENT PROJECT AREA
WHEREAS, the Redevelopment Agency of the City of South San Francisco, a
public body corporate and politic (the "Agency") is a redevelopment agency duly
organized pursuant to Community Redevelopment Law (California Health and Safety Code
Section 33000 et seq.), and pursuant thereto has responsibility to carry out the
Redevelopment Plan for the El Camino Corridor Redevelopment Project Area (the "Project
Area"); and
WHEREAS, the redevelopment plan for the Project Area was adopted by the City
Council of the City of South San Francisco (the "City Council") by Ordinance No. 1132-93
in June, 1993, and was thereafter amended by Ordinance No. 1150-94, adopted in
November, 1994; by Ordinance No. 1270-2000 adopted in June, 2000; by Ordinance No.
1337-2004 adopted in March, 2004; and by Ordinance No. 1353-2005, adopted in May,
2005 (as so amended, hereafter, the "Redevelopment Plan"); and
WHEREAS, effective January 1, 2007, SB 53 added Section 33342.7 to the Health
and Safety Code, pursuant to which legislative bodies that adopted a final redevelopment
plan prior to January 1, 2007 are required to adopt on or before July 1, 2007, an ordinance
that describes the redevelopment agency's program to acquire real property by eminent
domain; and
WHEREAS, SB 53 provides that following adoption of an ordinance describing the
redevelopment agency's program to acquire real property by eminent domain, such
program may only be modified pursuant to an amendment of the redevelopment plan; and
WHEREAS, the Redevelopment Plan provides the Agency with authority to use
eminent domain to acquire real property in certain limited circumstances following
compliance with all requirements of law.
THE CITY COUNCIL OF THE CITY OF SOUTH SAN FRANCISCO DOES ORDAIN
AS FOLLOWS:
SECTION 1. PROGRAM. The following is hereby adopted as the Agency's
program to acquire real property by eminent domain pursuant to Health and Safety Code
Section 33342.7:
Subject to the following limitations, the Redevelopment Plan for the El Camino
Corridor Project Area authorizes the Agency to acquire certain types of real property by
eminent domain throughout the Project Area. The Agency cannot use eminent domain
when the following conditions exist:
(a) The affected property is improved with a structure and the Agency has
determined that it conforms to the Redevelopment Plan and that (1) the property is not
needed for specific activities permitted by or pursuant to the Redevelopment Plan; (2) the
property is not needed for development of replacement housing for those displaced by an
Agency activity; (3) the property is not needed for any public improvement or facility; (4)
the property is not needed to promote historical or architectural preservation; (5) the
property is not needed to remove a blighting influence on surrounding properties which
prevents achievement of the objectives of the Redevelopment Plan; (6) the property is not
needed for the elimination of environmental deficiencies, including without limitation,
inadequate circulation, access or street layout, incompatible and mixed uses, overcrowding
and small parcel size; or (7) the property is not needed for the removal of impediments to
land development and disposition through the assembly of land into appropriately sized and
shaped parcels served by improved circulation and utilities;
(b) The affected property is improved with a structure that does not conform to
the Redevelopment Plan and the Agency has determined that the property and structure can
conform to the Redevelopment Plan pursuant to an owner participation agreement and that
the owner is faithfully performing under the terms of the owner participation agreement; or
(c) The affected property is owned by a public body that has not consented to
the Agency's exercise of the power of eminent domain.
The Agency may only acquire property by eminent domain following compliance
with all requirements of applicable law, including without limitation, compliance with all
requirements pertaining to notice, hearings, and the payment of just compensation. The
Agency's authority to initiate proceedings to acquire real property by eminent domain
expires 12 years from the date of adoption of the ordinance that included the property in the
Project Area unless the Redevelopment Plan is amended to extend such time limit.
SECTION 2. SEVERABILITY. If any section, subsection, clause, or phrase of
this Ordinance is for any reason held invalid, such invalidity shall not affect other
provisions or applications of the Ordinance which can be given effect without the invalid
provision or application, and to this end the provisions of this Ordinance are severable.
This City Council hereby declares that it would have adopted this Ordinance irrespective of
the invalidity of any particular portion thereof and intends that the invalid portions should
be severed and the balance of the Ordinance be enforced.
SECTION 3. EFFECTIVE DATE AND PUBLICATION. Within fifteen (15) days
from and after adoption, this Ordinance shall be published once in the San Mateo Times, a
newspaper of general circulation printed and published in the County of San Mateo and
circulated in the City of South San Francisco, in accordance with California Government
Code Section 36933. This Ordinance shall take effect thirty (30) days after its adoption.
Introduced at a regular meeting of the City Council of the City of South San
Francisco, held the 23rd day of May 2007.
Adopted as an Ordinance of the City of South San Francisco at a regular meeting of
the City Council held the 13t" day of June 2007, by the following vote:
AYES: Councilmembers Mark Addiego, Joseph A. Fernekes, and Karyl
Matsumoto,
Vice Mayor Pedro Gonzalez and Mayor Richard A. Garbarino
NOES: None
ABSTAIN: None
ABSENT:
ATTEST: v-~ ~.-~
Interim City Cle
As Mayor of the City of South San Francisco, I do hereby approve the foregoing
Ordinance this 13`'' day of May 2007.
Mayor