HomeMy WebLinkAboutOrd 1056-1989ORDINANCE NO. 1056-89
AN ORDINANCE APPROVING AND ADOPTING THE REDEVELOPMENT
PLAN FOR THE DOWNTOWN/CENTRAL REDEVELOPMENT PROJECT
THE CITY COUNCIL OF THE CITY OF SOUTH SAN FRANCISCO DOES ORDAIN AS FOLLOWS:
WHEREAS, the City Council of the City of South San Francisco has received
from the Redevelopment Agency of the City of South San Francisco (the "Agency")
the proposed Redevelopment Plan for the Downtown/Central Redevelopment Project,
a copy of which is on file in the office of the City Clerk, 400 Grand Avenue,
South San Francisco, california, and in the office of the Agency at the same
address, 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
families and persons who may be temporarily or permanently displaced from
housing facilities in the Project Area, an analysis of the Preliminary Plan,
the report and recommendations of the Planning Commission of the City of South
San Francisco, a summary of consultations with Project Area property owners and
businesses, an environmental impact report on the Redevelopment Plan, the report
of the county fiscal officer and the Agency's analysis thereof, a summary of
consultations with taxing agencies, and a neighborhood impact report; and
WHEREAS, the Planning Commission of the City of South San Francisco has
submitted to the City Council its report and recommendations concerning the
Redevelopment Plan and its certification that the Redevelopment Plan conforms
to the General Plan for the City of South San Francisco; and
WHEREAS, the Agency on February 8, 1989 received public comments at a duly
noticed regularly scheduled meeting of the Agency on the Draft Environmental
Impact Report ("EIR"), prepared in accordance with the California Environmental
Quality Act (Public Resources Code Section 21000 et seq.), the Guidelines for
implementation of the California Environmental Quality Act (14 Cal.Adm. Code
Section 15000 et seq.) and environmental procedures adopted by the Agency
pursuant thereto; and the Draft EIR was thereafter revised and supplemented to
incorporate comments received and responses thereto, and, as so revised and
supplemented, a Final EIR was prepared by the Agency; and
WHEREAS, the Agency in Resolution No. 6-89 adopted May 10, 1989 has certified
the adequacy of the Final Environmental Impact Report, submitted pursuant to
Public Resources Code Section 21151 and Health & Safety Code Section 33352, and
has determined that the redevelopment of the Project Area pursuant to the
Redevelopment Plan will have significant effects on the environment based upon
the impacts identified; and
WHEREAS~ the Agency has made certain findings regarding the environmental
impacts of the proposed actions with respect to the proposed Redevelopment Plan
for the Downtown/Central Redevelopment Project, and adopted a Statement of
Overriding Considerations indicating the positive aspects in support of
implementing the Redevelopment Project by Agency Resolution No. 10-89 on
June 28, 1989; and
WHEREAS, the City Council and the Agency held a joint public hearing on
June 14, 1989 on adoption of the Redevelopment Plan in the Community Room of
the Municipal Services Building, 33 Arroyo Drive, South San Francisco,
California; and
WHEREAS, notice of the hearing was duly and regularly published in the
Enterprise-Journal, a newspaper of general circulation in the City of South
San Francisco, once a week for five successive weeks prior to the date of the
hearing, and a copy of the notices and affidavits 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 as shown on the last equalized assessment roll of the County
of San Mateo for each parcel of land in the Project Area; and
WHEREAS, each assessee in the Project Area whose property would be subject
to acquisition by purchase or condemnation under the provisions of the
Redevelopment Plan was sent a separate statement to that effect attached to
the notice of the joint public hearing, including a map and legal description
of the Project Area; and
WHEREAS, copies of the notice of joint publc 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 City Council has considered the report and recommendations of
the Planning Commission, the report of the Agency, the Redevelopment Plan and
its economic feasibility, 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 has made written findings in response to each written
objection of an affected property owner and taxing entity.
NOW, THEREFORE~ BE IT RESOLVED by the City Council of the City of South
San Francisco that:
1. The purposes and intent of the City Council with respect to the Project
Area are to accomplish the following:
(a) To expand the retail component of Downtown, providing
diversification of offerings and encouraging major outlets as a draw to new
shoppers.
(b) To continue support of the various cultural and civic uses which
provide major anchors, stressing special events which draw new attendees.
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(c) To promote the areea as the financial hub~ encouraging existing
institutions to expand both physically and with related services.
(d) To eliminate blight through abatement or code compliance,
reconstruction and assembly of parcels into more developable sites for more
desirable uses.
le) To improve public parking, other public facilities, services,
utility lines, lighting, public safety and public transportation.
If) To create a pedestrian environment to encourage multiple stops
by visitors and more frequent visits to Downtown.
Ig) To emphasize and highlight the existing architectural style and
scale through rehabilitation and renovation of historic structures and
encouraging in-fill developments that relate to existing structures.
(h) To expand and upgrade the housing opportunities in the community
tO eliminate blight and improve housing stock and standards for the present
population.
(i) To promote new and continuing private sector investment within
the Project Area to prevent the loss of and to facilitate commercial and
industrial activity.
(j) To achieve an environment reflecting a high level of concern for
architectural, landscape, and urban design and land use principles appropriate
to attainment of the objectives of the Redevelopment Plan.
(k) To retain and expand as many existing businesses as possible by
means of redevelopment and rehabilitation activities and by encouraging and
assisting the cooperation and participation of owners, businesses and public
agencies in the revitalization of the Project Area.
(1) To provide for increased sales, business license, and other
fees, taxes and revenues to the City of South San Francisco.
(m) To encourage maximum participation of residents, business persons,
property owners, and community organizations in the redevelopment of the Project
Area.
(n) To create and develop local job opportunities and to preserve the
area's existing employment base.
(o) To replan, redesign and develop areas which are stagnant or
improperly used.
(p) To reduce the City's annual costs of providing local services to
and within the Project Area.
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2. The City Council hereby finds and determines~ based on substantial
evidence in the record~ including~ but not limited to~ the Agency's Report
to the City Council on the proposed Redevelopment Plan for the Downtown/Central
Redevelopment Project, and all documents referenced therein~ and evidence and
testimony received at the joint public hearing on adoption of the Redevelopment
Plan held on June 14, 1989, that:
(a) The Project Area is a blighted area, the redevelopment of which is
necessary to effectuate the public purposes declared in the California Community
Redevelopment Law (Health & Safety Code Section 33000 et seq.). This finding is
based on the following conditions which characterize the Project Area:
(i) The existence of buildings and structures used or intended
to be used for living, commercial, industrial or other purposes which are unfit
or inappropriate to occupy for such purposes due to deterioration and dilapidation,
age and obsolescence, mixed character of buildings/shifting uses, faulty interior
arrangement and exterior spacing, and defective design and character or physical
construction; and
(ii) The existence of properties which suffer from deterioration
and disuse because of inadequate improvements, facilities and utilities,
which cannot be remedied by private or governmental action without redevelopment,
particularly deficiencies in the circulation system, street and infrastructure
systems, parking facilities, storm drainage, water and sewer systems,
environmental hazards, and the existence of parcels that are of irregular form,
shape, or size for proper usefulness and development; and
(iii) A prevalence of social maladjustment; and
(iv) A prevalence of impaired investments, and economic
maladjustment.
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 and
other actions 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 Project Area is an urbanized area. This finding is based upon
the fact that not less than eighty percent of the privately owned property in
the Project Area has been or is developed for urban uses, as demonstrated by the
Agency's Report to City Council. In addition, as demonstrated by the Agency's
Report to City Council, the Project Area is part of an area developed for urban
use.
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(c) 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 the purposes of the Community Redevelopment Law would be attained
by the Project by the elimination of areas suffering from economic dislocation
or disuse; by the replanning, redesign and/or redevelopment of areas which are
stagnant or improperly utilized, and which could not be accomplished by private
enterprise acting alone without public participation and assistance; by
protecting and promoting sound development and redevelopment of blighted areas
and the general welfare of the citizens of the City by remedying such injurious
conditions through appropriate means; and through the installation of new, or
replacement of existing public improvements, facilities and utilities in areas
which are currently inadequately served with regard to such improvements,
facilities and utilities.
Id) 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; that under the Redevelopment Plan no public
redevelopment activity can be undertaken unless the Agency can demonstrate that
it has adequate revenue to finance the activity; and that the financing plan
included within the Agency's Report to the City Council demonstrates that
sufficient financial resources will be available to carry out the Project.
(e) The Redevelopment Plan conforms to the General Plan of the City
of South San Francisco. This finding is based on the finding of the Planning
Commission that the Redevelopment Plan conforms to the General Plan for the City
of South San Francisco.
(f) The carrying out of the Redevelopment Plan will promote the
public peace, health, safety and welfare of the City of South San Francisco
and will effectuate the purposes and policies 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 stimualte development and improve the economic, social and
physical conditions of the Project Area, and by increasing employment
opportunities within the City.
Ig) The condemnation of real, non-residential property, as provided
for in the Redevelopment Plan, is necessary to the execution of the Redevelopment
Plan, and adequate provisions have been made for the payment for property to be
acquired as provided by law. This finding is based upon the need to ensure that
the provisions of the Redevelopment Plan will be carried out and to prevent the
recurrence of blight, and the fact that no property will be acquired until
adequate funds are available to pay full compensation therefor.
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{h) 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
and the fact that such assistance, including relocation payments, constitutes a
feasible method for relocation.
Ii) 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 place of employment. This finding is based upon the fact that no person
or family will be required to move from any dwelling until until suitable
replacement housing is available for occupancy, and that such housing must meet
the standards established in State law and regulations.
(j) All noncontiguous areas of the Project Area are either blighted or
necessary for effective redevelopment and are not included for the purposes of
obtaining the allocation of taxes from the area pursuant to Section 33670 of
the Health & Safety Code without other substantial justification for their
inclusion. This finding is based on the fact that, as shown in the Agency's
Report to City Council, each of the nine Project Area subareas is individually
blighted in one or more ways and the Project Area is blighted as a whole.
(k) 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, as shown in the Agency's
Report to City Council, each of the nine Project Area subareas is individually
blighted in one or more ways. In addition, all properties within Project Area
boundaries were included because they were underutilized because of blighting
influences, or were affected by the existence of blighting influences, or were
necessary either to accomplish the objectives and benefits of the Redevelopment
Plan or because of the need to impose uniform requirements on the Project Area
as a whole.
(1) 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 adequate
public improvements and facilities, and the inability of individual owners and
developers to economically remove these blighting influences without substantial
public assistance.
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(m) The effect of tax increment financing will not cause a significant
financial burden or detriment to any taxing agency deriving revenue from the
Project Area. This finding is based upon the fact that all affected taxing
agencies were consulted with or had the opportunity to be consulted with regarding
the fiscal effects of the Redevelopment Plan, and the fact that with regard to
certain taxing agencies, the Agency has or will enter into fiscal detriment
alleviation agreements under which it will make payments to such agencies to
alleviate identified financial burden or detriment.
3. The City Council is satisfied that permanent housing facilities will be
available within three years from the time residential occupants of the Project
Area are displaced, and that pending the development of such facilities, there
will be available to any such displaced residential occupants temporary housing
facilities at rents comparable to those in the City of South San Francisco at
the time of their displacement. No persons or families of low and moderate
income shall be displaced from residences unless and until there is a suitable
housing unit available and ready for occupancy by such displaced persons or
families at rents comparable to those at the time of their displacement. Such
housing units shall be suitable to the needs of such displaced persons or
families and must be decent, safe, sanitary and otherwise standard dwelling.
4. Written objections to the Redevelopment Plan filed with the City Clerk
before the hour set for hearing and all written and oral objections presented
to the City Council at the hearing have been considered, and in the case of
written objections received from Project Area property owners and affected
taxing agencies have been responded to in writing and are hereby overruled.
5. That certain document entitled "Final Environmental Impact Report for
the Redevelopment Plan for the Downtown/Central Redevelopment Project", a copy
of which is on file in the office of the Agency Clerk, and in the office of the
City Clerk, having been duly reviewed and considered, is hereby incorporated into
this ordinance by reference. All activities undertaken by the Agency and/or the
City of South San Francisco pursuant to or in implementation of the Redevelopment
Plan shall be undertaken in accordance with the mitigation measures set forth in
the Final Environmental Impact Report, and the Agency shall undertake such
additional environmental reviews as necessary at the time of implementation of
such activities.
6. That certain document entitled "Redevelopment Plan for the
Downtown/Central Redevelopment Project", the map contained therein, and
such other reports as are incorporated therein by reference, a copy of which
is on file in the office of the Agency Clerk, and the office of the City Clerk,
having been duly reviewed and considered, is hereby incorporated in this
ordinance by reference, and as so incorporated is hereby designated, approved,
and adopted as the official "Redevelopment Plan for the Downtown/Central Project".
7. In order to implement and facilitate the effectuation of the
Redevelopment Plan hereby approved, the City Council hereby (a) pledges its
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cooperation in helping to carry out the Redevelopment Planj (b) requests the
various officials~ departmentsj boardsj 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 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, including the expenditure of moneys,
necessary to be carried out by the City under the provisions of the Redevelopment
Plan.
8. 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
of carrying out the Redevelopment Plan.
9. The City Clerk is hereby directed to record with the County Recorder
of the County of San Mateo 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.
10. The Building Division of the City of South San Francisco is hereby
directed for a period of at least two years after the effective date of this
ordinance to advise all applicants for building permits within the Project Area
that the site for which a building permit is sought for the construction of
buildings or for other improvements is within a redevelopment project area.
11. The City Clerk is hereby directed to transmsit a copy of the
description and statement recorded by the City Clerk pursuant to Section 9
of this ordinance, a copy of this ordinance, and a map or plat indicating
the boundaries of the Project Area, to the Controller and Assessor of the
County of San Mateo, 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, within thirty days following the adoption of the
Redevelopment Plan.
12. SEVERABILITY
In the event any section or portion of this ordinance shall be determined
invalid or unconstitutional, such section or portion shall be deemed severable
and all other sections or portions hereof shall remain in full force and effect.
13. PUBLICATION AND EFFECTIVE DATE
This ordinance shall be published once, with the names of those City Council
members voting for or against it, in the Enterprise-Journal, a newspaper of
general circulation in the City of South San Francisco, as required by law, and
shall become effective thirty {30) days from and after its adoption.
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Introduced at a regular meeting of the City Council of the City of
South San Francisco~ held the 28th day of June ' , 1989.
Adopted as an Ordinance of the City of South San Francisco at a regular
meeting of the City Council of the City of South San Francisco~ held the 12th
day of
AYES:
NOES:
ABSTAIN:
ABSENT:
July , 1989, by the following vote:
Councilmembers Mark N. Addiego, Jack Drago, Richard A. Haffey,
Gus Nicolopulos, and Mayor Roberta Cerri Teglia
None
None
None
Ordinance this 12th day of
As Mayor of the City of South San Francisco, I do hereby approve the foregoing
July , 1989.
~nayor
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