Livingston Municipal Code Ch. 16 Redevelopment Plan

The City Council has received from the Community Redevelopment Agency of the city (the “agency”) the proposed redevelopment plan (the “redevelopment plan”) for the Livingston community redevelopment project (the “project”), as approved by the agency. The following is a copy of said plan:

Section 1: That the purposes and intents of the City Council with respect to the project area are to promote the elimination of blight, reverse the trend of economic stagnation and ensure the realization of the project area potential for residential, commercial, industrial, public and other appropriate land uses. Toward this end, the plan is designed and oriented to achieve the following objectives:

(A) The elimination of existing blighted conditions and the prevention of recurring blight within the project area.

(B) The provision of public services and facilities as necessary and required for the development of the project area.

(C) The elimination of environmental deficiencies including inadequate street improvements, inadequate utility systems, and inadequate public services.

(D) The upgrading of the pedestrian environment within the project area, particularly the downtown.

(E) The enhancement of the visual image of the project area, including the provision of an environment with a positive image and sense of identity.

(F) The preservation and enhancement of any historic structures that may be identified.

(G) The encouragement of the participation of project area residents in the formation, refinement and implementation of this plan in order to ensure that plan proposals included herein are directly beneficial to the people who live and work within the project area.

(H) The encouragement, promotion and assistance in the development and expansion of local commerce, needed commercial and industrial facilities and increased employment opportunities within the project area.

(I) The retention, relocation, and expansion of any businesses and industries impacted by the freeway realignment.

(J) The creation of a more cohesive and unified Livingston community by strengthening the physical, social and economic ties between residential, commercial, industrial, recreational and public land uses within the project area.

(K) The provision of a procedural and financial mechanism by which the agency can assist, complement and coordinate public and private development, redevelopment, revitalization and enhancement of the Livingston community.

Section 2: The Council hereby finds and determines 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 (Cal. Health and Safety Code §§ 33000 et seq.). This finding is based upon the following conditions which characterize the project area:

(1) The existence of unfit or unsafe buildings and structures due to age, obsolescence, faulty interior arrangements or exterior spacing and mixed character and shifting of uses;

(2) The existence of properties which suffer from deterioration and disuse because of: inadequate public improvements, facilities, utilities and open spaces, including inadequate and insufficient traffic circulation, parking and street lights which cannot be remedied with private or governmental action without redevelopment;

(3) The existence of properties which suffer from economic dislocation, deterioration and disuse resulting from faulty planning;

(4) A lack of proper utilization of property, resulting in a stagnant and unproductive condition of land potentially useful and valuable; and

(5) A prevalence of economic maladjustment and impaired investment evidenced by an increase in the number of vacant commercial buildings.

(B) It is further found and determined that 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 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.

(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 redevelopment of the project area will implement the objectives of the community redevelopment law by aiding in the elimination and correction of the conditions of blight, providing for planning, development, redesign, clearance, reconstruction or rehabilitation of properties which need improvement and providing for higher economic utilization of potentially useful land.

(D) 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 no public redevelopment activity will be undertaken unless the agency can demonstrate that it has adequate revenue to finance the activity.

(E) The redevelopment plan conforms to the general plan of the City of Livingston. This finding is based on the finding of the Planning Commission that the redevelopment plan conforms to the general plan for the City of Livingston.

(F) The carrying out of the redevelopment plan will promote the public peace, health, safety and welfare of the City of Livingston and will effectuate the purposes and policy of the community redevelopment law. The 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 stimulate development and improve the economic, social and physical conditions of the project area.

(G) The condemnation of real 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.

(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.

(I) 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 places of employment. This finding is based upon the fact that no person or family will be required to move from any dwelling unit until suitable replacement housing is available.

(J) 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 for the purpose of obtaining the allocation of tax increment revenues from such area pursuant to Cal. Health and Safety Code § 33670 of the community redevelopment law without other substantial justification for its inclusion. This finding is based upon the fact that the boundaries of the project area were chosen as a unified and consistent whole to include lands that were underutilized because of blighting influences, or affected by the existence of blighting influences, and land uses significantly contributing to the conditions of blight, whose inclusion is necessary to accomplish the objectives and benefits of the redevelopment plan.

(K) 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 developers to economically remove these blighting influences without substantial public assistance in providing adequate public improvements and facilities, and the inadequacy of other governmental programs and financing mechanisms to eliminate blight, including the provision of necessary public improvements and facilities.

(L) The redevelopment plan for the project area will afford the maximum opportunity, consistent with the sound needs of the city as a whole, for the redevelopment of such area by private enterprise.

(M) The redevelopment plan contains adequate safeguards so that the work of redevelopment will be carried out pursuant to the redevelopment plan, and it provides for the retention of controls and the establishment of restrictions and covenants running with the land sold or leased for private use for periods of time and under conditions specified in the redevelopment plan, which this Council deems necessary to effectuate the purposes of the community redevelopment law.

Section 3: The Council is satisfied that permanent housing facilities will be available within three years from the time occupants of the project area are displaced, if any, and that pending the development of such facilities, there will be available to any such displaced occupants temporary housing facilities at rents comparable to those in the City of Livingston at the time of their displacement. No persons or families of low or 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 dwellings. The agency shall not displace any such persons or families until such housing units are available and ready for occupancy.

Section 4: The Council is convinced that the effect of tax increment financing will not cause a severe financial burden or detriment on any taxing agency deriving revenues from the project area.

Section 5: Written objections to the redevelopment plan filed with the City Clerk before the hour set for hearing and all oral objections presented to the Council at the hearing having been considered are hereby overruled.

Section 6: That certain document entitled “redevelopment plan for the Livingston community redevelopment project”, the maps contained therein and such other reports as are incorporated therein by reference, a copy of which is on file in the office of the City Clerk, having been duly reviewed and considered is hereby incorporated in this ordinance by reference and made a part hereof, and as so incorporated is hereby designated, approved and adopted as the official “redevelopment plan for the Livingston community redevelopment project”.

Section 7: In order to implement and facilitate the effectuation of the redevelopment plan hereby approved, this Council hereby:

(A) Pledges its cooperation in helping to carry out the redevelopment plan;

(B) 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;

(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 necessary to be carried out by the city under the provisions of the redevelopment plan.

Section 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 for carrying out the redevelopment plan.

Section 9: The City Clerk is hereby directed to record with the County Recorder of Merced County 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.

Section 10: The City Clerk is hereby directed to transmit a copy of the description and statement recorded by the 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 Auditor and Assessor of the County of Merced, 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.

(Ord. 288, passed 9-12-1985, eff. 10-12-1985)

Section 1: The purposes and intent of the City Council with respect to the amended project area as it relates to the amendment is to accomplish the following:

(A) Encourage employment opportunities through environmental and economic improvements resulting from the redevelopment activities.

(B) Provide for the rehabilitation of commercial and industrial structures and residential dwelling units.

(C) Provide for participation in the redevelopment of property in the amended project area by owners who agree to so participate in conformity with the amendment.

(D) Provide for the management of property owned or acquired by the agency.

(E) Comply with the requirements of all applicable laws in providing relocation assistance where agency activities result in displacement.

(F) Provide public infrastructure improvements and community facilities, such as the installation, construction and/or reconstruction of streets, overpasses, interchanges, utilities, public buildings, facilities, structures, streetlighting, landscaping and other improvements which are necessary for the effective redevelopment of the amended project area.

(G) Increase, improve and preserve the community’s supply of affordable housing.

(H) Acquire real property.

(I) Dispose of real property acquired by the agency except property conveyed to it by the city or any other public body.

(J) Encourage the redevelopment of the amended project area through the cooperation of private enterprise and public agencies.

(K) Facilitate the retention, relocation, and expansion of any business and industry impacted by the freeway realignment.

(L) Preserve and/or enhance historic structures that may be identified within the amended project area.

Section 2: The City Council hereby finds and determines, based on the evidence in the record, including, but not limited to, the agency’s report to the City Council on the proposed amendment, and all documents referenced therein, and evidence and testimony received at the joint public hearing on adoption of the amendment commencing on December 2, 1997, and the 1985 ordinance that:

(A) The added territory is a blighted area, the redevelopment of which is necessary to effectuate the public purposes declared in the California Community Redevelopment Law ([CCRL] Cal. Health and Safety Code §§ 33000 et seq.).

This finding is based on the following physical conditions of blight which characterize the added territory:

(1) The existence of buildings in which it is unsafe or unhealthy for persons to live or work, including buildings which exhibit dilapidation and deterioration, defective design or physical construction, and other similar factors such as age, adequate utilities and vacancy; and

(2) The existence of factors that prevent or substantially hinder the economically viable use or capacity of buildings or lots, such as substandard design, inadequately sized structures given present standards and market conditions and other similar factors such as inadequate infrastructure, inadequate freeway access, and obsolescence; and

(3) Adjacent or nearby uses that are incompatible with each other and which prevent the economic development of those parcels or other portions of the amended project area; and

(4) The existence of subdivided lots of irregular form and shape and of inadequate size for proper usefulness and development that are in multiple ownership.

This finding is further based on the following economic conditions of blight which characterize the added territory:

(1) Depreciated or stagnant values or impaired investments; and

(2) Abnormally high business vacancies, abnormally low lease rates, high turnover rates, abandoned buildings and excessive vacant lots within an area developed for urban use and served by utilities.

(3) Lack of necessary commercial facilities.

This finding is further based on the condition of blight characterized by the existence of inadequate public improvements, parking facilities or utilities.

Such conditions of physical and economic blight are so prevalent and so substantial that they are now causing and will increasingly cause a reduction and lack of proper utilization of the added territory to such an extent that it constitutes a serious physical and economic burden on the city which cannot reasonably be expected to be reversed or alleviated by private enterprise or governmental action, or both, without redevelopment. 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) Significant blight remains within the original project area, and such blight cannot be eliminated without the extension of the time limits for the establishment of debt by the agency. Blight remaining within the original project area has been documented by the agency within the agency’s report to the City Council.

Such conditions are so prevalent and so substantial that they are now causing, have caused and continue to cause, and will increasingly cause a reduction and lack of proper utilization of the original project area to such an extent that it constitutes a serious physical and economic burden on the city which cannot reasonably be expected to be reversed or alleviated by private enterprise or governmental action, or both, without redevelopment. 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.

This finding is further based on the City Council’s findings contained in Section 2 of the 1985 ordinance, which found significant conditions of blight within the original project area.

Since the adoption of the ordinance, the agency has made efforts to eliminate such conditions of blight by funding needed infrastructure, providing housing and housing rehabilitation, public facilities, assisting existing businesses and providing incentives for new development. However, the majority of conditions described in the agency’s report to the City Council prepared for the original project have not changed, and there continues to be a substantial need to eliminate deficient public facilities and blighting conditions within the original project area. Such conditions are causing and will increasingly cause a reduction and lack of proper utilization of the original project area to such an extent that it constitutes a serious physical 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 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. Therefore, the agency has increased the time limit on the establishing of loans, advances and indebtedness to finance, in whole or in part, the original project for an additional period of time as permitted in Cal. Health and Safety Code (CCRL) § 33333.6.

(C) The added territory is a predominantly urbanized area. This finding is based upon the agency’s report to the City Council, which demonstrates that not less than 80% of the land in the added territory has been or is developed for urban uses. In addition, as demonstrated by the agency’s report to City Council, the added territory is part of an area developed for urban uses.

(D) The amendment will redevelop the amended project area in conformity with the CCRL and in the interests of the public peace, health and welfare. This finding is based upon the fact that the purposes of the CCRL would be attained by implementing the original plan, as amended by the amendment through the following actions: 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.

(E) The adoption and carrying out of the amendment is economically sound and feasible. This finding is based on the fact that under the amendment the agency will be authorized to seek and utilize a variety of potential financing resources, including property tax increment; that the nature and timing of public redevelopment assistance will depend on the amount and availability of such financing resources, including tax increment, generated by new investment in the amended project area; that under the amendment no public redevelopment activity in the amended project area 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 amendment.

(F) The amendment is consistent with the general plan of the city, including, but not limited to, the housing element of the general plan. This finding is based on the finding of the Planning Commission that the amendment conforms to the general plan for the city.

(G) The carrying out of the amendment will promote the public peace, health, safety and welfare of the city and will effectuate the purposes and policies of the CCRL. This finding is based on the fact that redevelopment will benefit the amended project area by correcting conditions of blight and by coordinating public and private actions to stimulate development and improve the economic and physical conditions of the amended project area, and by increasing employment opportunities within the city.

(H) The condemnation of real property, other than property on which any persons reside, as provided for in the amendment, is necessary to the execution of the amendment, 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 amendment will be carried out in part through acquisition of property, other than property on which any persons reside, by eminent domain if necessary, 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.

(I) 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 by agency actions other than eminent domain in the amended project area. The agency also has a feasible method and plan for relocation of businesses. This finding is based upon the fact that the agency has adopted a plan for relocation of families, persons and businesses who may be displaced by agency projects, the fact that the amendment provides for relocation assistance according to law, and the fact that such assistance, including relocation payments, constitutes a feasible method for relocation.

(J) There are, or are being provided, within the amended 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 amended 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 places of employment. This finding is based upon the provisions of the amendment which require that families and persons shall not be displaced prior to the adoption of a relocation plan pursuant to Cal. Health and Safety Code (CCRL) §§ 33411 and 33411.1, and that 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 Cal. Health and Safety Code (CCRL) §§ 33334.5, 33413 and 33413.5.

(K) All noncontiguous areas of the amended 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 Cal. Health and Safety Code (CCRL) § 33670 without other substantial justification for their inclusion.

(L) 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 Cal. Health and Safety Code (CCRL) § 33670 without other substantial justification for its inclusion. This finding is based on the fact that all properties within amended 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 amendment or because of the need to impose uniform requirements on the amended project area as a whole. Such properties will share in the benefits of the amendment.

(M) The elimination of blight and the redevelopment of the amended project area could not reasonably be expected to be accomplished by private enterprise acting alone, or by governmental action, or both, 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 available pursuant to the CCRL.

(N) The City Council is satisfied that the time limitation and the number of dollars to be allocated to the agency from the amended project area are reasonably related to the successful implementation of the proposed projects and programs, included as attachment G of the amended redevelopment plan, and that implementation of the said projects and programs will enable the agency to achieve its goals and objectives to eliminate blight within the amended project area.

Section 3: The City Council is satisfied that permanent housing facilities will be available within three years from the time residential occupants of the amended project area, if any, 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 at the time of their displacement. This finding is based upon the City Council’s finding that no persons or families of low and moderate income shall be displaced from residences unless and until there are suitable housing units 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 dwellings.

Section 4: Written objections to the amendment 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 having been considered and, in the case of written objections received from amended project area property owners and affected taxing agencies having been responded to in writing all such objections are hereby overruled.

Section 5: The final EIR for the amendment, a copy of which is on file in the office of the agency and in the office of the City Clerk, having been duly reviewed and considered, is hereby incorporated into this ordinance by reference and made a part hereof. All activities undertaken by the agency and/or the city pursuant to or in implementation of the amendment shall be undertaken in accordance with the mitigation measures and monitoring program set forth in the final EIR, and the agency shall undertake such additional environmental review or assessment as necessary under law at the time of the proposed implementation of such activities.

Section 6: That certain “amended redevelopment plan prepared for amendment no. one to the redevelopment plan for the Livingston community 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 and the office of the City Clerk, having been duly reviewed and considered, is hereby incorporated into this ordinance by reference and made a part hereof, and so as incorporated is hereby designated, approved, and adopted as the official redevelopment plan for the amended project area.

Section 7: In order to implement and facilitate the effectuation of the amendment hereby approved, this City Council hereby:

(A) Pledges its cooperation in helping to carry out the amendment;

(B) Authorizes and directs the various officials, departments, boards, and agencies of the city having administrative responsibilities in the amended project area likewise to cooperate to such end and to exercise their respective functions and powers in a manner consistent with redevelopment of the amended project area;

(C) Stands ready to consider and take appropriate action upon proposals and measures designed to effectuate the amendment; and

(D) Declares its intention to undertake and complete any proceeding, including the expenditure of monies, necessary to be carried out by the city under the provisions of the amendment.

Section 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 for carrying out the amendment.

Section 9: The City Clerk is hereby directed to record with the County Recorder of Merced County a description(s) of the land within the amended project area and a statement that proceedings for the redevelopment of the amended project area have been instituted under the CCRL.

Section 10: The building official of the city is hereby directed for a period of two years after the effective date of this ordinance to advise all applicants for building permits within the added territory 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.

Section 11: The City Clerk is hereby directed to transmit 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(s) or plat(s) indicating the boundaries of the amended project area, to the Auditor-Controller and Assessor of the County of Merced, to the governing body of each of the taxing agencies which receives taxes from property in the amended project area, and to the state board of equalization, within 30 days following the adoption of the amendment.

(Ord. 474, passed 12-16-1997)