Chowchilla Municipal Code Ch. 2.52 Redevelopment Agency

Pursuant to Section 33101 of the Health and Safety Code of the state of California, the city council hereby declares that there is a need for an agency in the city of Chowchilla to function in the city as a redevelopment agency. The council further finds and determines that this need exists because there are certain areas in the city which are characterized by one or more of the conditions set forth in Sections 33031 and 33032 of the Health and Safety Code and these areas constitute physical, social and economic liabilities to the city and require development. The council further finds and determines that it is in the interest of the health, safety and general welfare of the people of the city to form an agency.

(Ord. 377-91 § 1, 1991)

The city council of the city of Chowchilla declares itself to be such an agency, contemplated and authorized by the Health and Safety Code, and designates the official name of such agency as the Chowchilla Redevelopment Agency.

(Ord. 377-91 § 2, 1991)

The city clerk is hereby authorized and directed to transmit a certified copy of the ordinance codified in this chapter to the Secretary of State of the state of California.

(Ord. 377-91 § 3, 1991)

The project area includes a number of conditions that are specified in the California Health and Safety Code as characteristics of blight. The goal of this plan is to eliminate such conditions of blight by providing needed public improvements; by encouraging rehabilitation and repair of deteriorated structures; by facilitating land assembly and development that will result in housing opportunities, employment opportunities and an expanded tax base; and by promoting development in accordance with the city of Chowchilla general plan.

In pursuing attainment of this goal, overall objectives for the Chowchilla redevelopment project are:

A. Strengthening of the general retail and service commercial sectors of the local economy, through diversification and enhancement of population-generated and income-generated demand;

B. Expansion and diversification of the city's economic and employment base, through the attraction of increased year-round employment opportunities, including industrial, service commercial and retail development and expansion;

C. Strengthening of the aesthetic image of the community, to help ameliorate existing stigma against local development with particular emphasis upon enhancement of the aesthetic qualities of the city's downtown to support its competitive performance;

D. Limit general retail sales leakage from the city to other trade centers or replace sales tax leakage with new sales tax revenues from travelers along Highway 99 and 152;

E. Improve and preserve the quality of the city's existing housing stock, through rehabilitation and replacement programs and new construction when necessary;

F. Substantial improvements to existing infrastructure supporting the project area, particularly sewerage, water, storm drainage, curb, gutter, sidewalk, and improvement to traffic circulation throughout the project area, including better access to developable properties from major arterial streets too remove existing impediments to the economic development of the community;

G. Creation/enhancement of recreational and cultural opportunities available to the residents of the project area and of the region at-large;

H. Elimination or mitigation, of other existing blighting conditions and influences, including incompatible land uses, obsolete or substandard structures, inadequate public facilities, and/or small, irregular and landlocked parcels.

(Ord. 419-01 § 2, 2001)

The Chowchilla redevelopment plan and its elements are incorporated by reference into this chapter of the Chowchilla Municipal Code.

(Ord. 419-01 § 2, 2001)

The boundaries of the Chowchilla redevelopment project area are depicted on the map attached to, and incorporated in this chapter as Exhibit "A". A legal description of the project area boundaries is attached to, and incorporated in, this plan as Exhibit "B".

(Ord. 419-01 § 2, 2001)

A. The project area is a blighted area the redevelopment of which is necessary to effectuate the public purpose declared in the California Redevelopment Law.

B. The redevelopment plan would redevelop the area in conformity with the California Redevelopment Law and in the interests of the public peace, health, safety and welfare.

C. The adoption and carrying out of the Chowchilla redevelopment plan is economically sound and feasible.

D. The Chowchilla redevelopment plan conforms to the Chowchilla general plan, including, but not limited to, the city's housing element which substantially complies with the requirements of Article 10.6 (commencing with Section 65580) of Chapter 3 of Division 1 of Title 7 of the Government Code.

E. The carrying out of the Chowchilla redevelopment plan would promote the public peace, health, safety, and welfare of the city and would effectuate the purposes and policy of the California Redevelopment Law.

F. The condemnation of real property, is necessary to the execution of the Chowchilla redevelopment plan and adequate provisions have been made for payment for property to be acquired as provided by the California Redevelopment Law.

G. The Chowchilla redevelopment agency has included in the Chowchilla redevelopment plan a feasible method or plan for the relocation of families and persons displaced from the project area if the implementation of the Chowchilla redevelopment plan may result in the temporary or permanent displacement of any occupants of housing facilities in the project area.

1. There are, or shall be provided, in the project area or in other areas not generally less desirable in regard to public utilities and public and commercial facilities and at rents or prices within the financial means of the families and persons displaced from the project area, decent, safe, and sanitary dwellings equal in number to the number of an available to the displaced families and persons and reasonably accessible to their places of employment.

H. Families and persons shall not be displaced prior to the adoption of a relocation plan pursuant to Sections 33411 and 33411.1 of the California Government Code. Dwelling units housing persons and families of low or moderate income shall not be removed or destroyed prior to the adoption of a replacement housing plan pursuant to Sections 33334.5, 33413, and 33413.5 of the California Government Code.

I. All noncontiguous areas of a project area are either blighted or necessary for effective redevelopment and are not included for the purpose of obtaining the allocation of taxes from the area pursuant to Section 33670 of the California Government Code without other substantial justification for their inclusion.

J. Inclusion of any lands, buildings, or improvements in the project area which are not detrimental to the public health, safety, or welfare is necessary for the effective redevelopment of the area of which they are a part. Any area included in the project area is necessary for effective redevelopment and is not included for the purpose of obtaining the allocation of tax increment revenues from the area pursuant to Section 33670 of the California Government Code without other substantial justification for its inclusion.

K. The elimination of blight and the redevelopment of the project area could not be reasonably expected to be accomplished by private enterprise acting alone without the aid and assistance of the Chowchilla redevelopment agency.

L. The project area is predominantly urbanized, as defined by subdivision (b) of Section 33320.1 California Government Code.

M. The time limitation and the limitation on the number of dollars to be allocated to the agency that are contained in the Chowchilla redevelopment plan are reasonably related to the proposed projects to be implemented in the project area and to the ability of the agency to eliminate blight within the project area.

(Ord. 419-01 § 2, 2001)

All uses proposed in this plan, or any amendments to this plan, or any other plans that may be adopted by the agency, shall be in conformance with the general plan of the city of Chowchilla as it now exists or is hereafter amended. In its present form, the plan is fully consistent with all applicable elements and provisions of the general plan, including the amendments to the land use and circulation elements of the Chowchilla general plan currently being processed.

Except when inconsistent with this plan, all requirements of the city zoning ordinance shall apply to all uses proposed hereunder. The agency, after consultation with the planning commission, may, by resolution, adopt specific plans for all or any portion of the project area which establish architectural controls, heights of buildings, land coverage, setback requirements, traffic circulation, traffic access, sign criteria and other development and design controls necessary for proper development of both private and public areas within the project area. These controls may not relax requirements of the appropriate zone classification of the Chowchilla zoning ordinance.

(Ord. 419-01 § 2, 2001)

The city council is satisfied that permanent housing facilities will be available within three years from the time occupants of the project area are displaced and that, pending the development if the facilities, there will be available to the displaced occupants adequate temporary housing facilities at rents comparable to those in the community at the time of their displacement.

(Ord. 419-01 § 2, 2001)

The Chowchilla redevelopment plan provides that the agency may engage in projects that the community funds may be expended through cooperation with public agencies. The city council hereby authorizes the expenditure of community funds for redevelopment projects.

(Ord. 419-01 § 2, 2001)