Mendocino County Municipal Code Ch. 11.12 Adoption of Redevelopment Plan

(A) Pursuant to the California Community Redevelopment Law (Health & Safety Code Section 33000 et seq. (the "Redevelopment Law"), the Redevelopment Agency of the County of Mendocino (the "Agency") has prepared and submitted to the Mendocino County Board of Supervisors (the "Board of Supervisors") for review and adoption the Redevelopment Plan (the "Plan") for the Mendocino County Redevelopment Project Area (the "Project Area"). The Plan consists of twenty-five (25) pages and four (4) exhibits. A copy of the Plan is on file with the Clerk of the Board and is incorporated in this Ordinance by this reference.

(B) The purpose and scope of the Plan are to authorize and implement a program of actions and accompanying legal authority to enable the Agency to promote the alleviation of adverse physical and economic conditions and encourage development and redevelopment of the Project Area consistent with the Mendocino County General Plan. The redevelopment program under the Plan is intended to facilitate both public and private development within the Project Area. Redevelopment activities for accomplishing the objectives of the Plan may include but are not limited to blight removal, building rehabilitation, public infrastructure improvement, economic development and revitalization, new affordable housing, housing rehabilitation and other new development.

(C) The Project Area is situated in the County of Mendocino, State of California, and is shown on Exhibit A and more particularly described in Exhibit B of the Redevelopment Plan.

(D) The Agency has made studies of the impact of the Plan on the physical condition of structures, environmental influences, land use and social, economic and cultural conditions in the Project Area, and has determined that the program of redevelopment to be undertaken pursuant to the Plan will promote the proper redevelopment of the Project Area in accordance with the goals, objectives and policies of the County of Mendocino General Plan (the "General Plan"), any applicable specific plans, the Plan and the Redevelopment Law.

(E) The Mendocino County Planning Commission, which is the duly designated and acting official planning body of the County of Mendocino, has submitted to the Board of Supervisors its report and recommendation for approval and adoption of the Plan and has certified that the Plan conforms to the General Plan.

(F) The Plan incorporates the land uses for the Project Area which are determined by the County's General Plan. Implementation of the Plan may require, among other things, the vacating and removal of streets of record and other public rights of way, and the establishment of new street patterns, the location of sewers, water mains, lighting and utility lines and other public facilities.

(G) The Agency has prepared and submitted and the Board of Supervisors has reviewed and considered the Report on the Redevelopment Plan (the "Report") pursuant to Health and Safety Code Section 33352, a copy of which is on file with the Clerk of the Board. The Report is hereby incorporated in this Ordinance by this reference.

(H) As a part of the Report, the Agency has prepared and submitted to the Board of Supervisors a program for the relocation of individuals and families that may be displaced as a result of implementing the Plan, and a program for implementation of the projects contemplated to be undertaken pursuant to the Plan.

(I) The Board of Supervisors is cognizant of the conditions that are imposed in the undertaking and implementation of redevelopment projects under State law, including those prohibiting discrimination because of race, color, creed, religion, sex, sexual orientation, marital status, national origin or ancestry.

(J) On June 10, 2003, the Board of Supervisors and the Agency conducted a joint public hearing which was duly noticed in accordance with the requirements of the Redevelopment Law.

(K) The County and Agency staff have prepared and submitted to the Board of Supervisors for review the Notice of Preparation (the "Notice of Preparation"), and the Environmental Impact Report regarding the Plan (the "EIR"), which have been prepared pursuant to the California Environmental Quality Act of 1970, as amended ("CEQA"), the Official State Guidelines as amended for the implementation of CEQA (the "State EIR Guidelines") and the County of Mendocino and Agency local guidelines for administering CEQA. The EIR consists of the Draft EIR dated January 2003, and the Final Environmental Impact Report dated May 2003. The EIR was certified by the Board of Supervisors on July 8, 2003. Copies of the EIR and the Notice of Preparation are on file with the Clerk of the Board.

(L) By resolution adopted on July 8, 2003, the Board of Supervisors and the Agency have adopted mitigation measures and made certain findings and statements in compliance with Sections 15091, 15093 and 15168 of the State EIR Guidelines (the "CEQA Findings").

(M) At or prior to the joint public hearing on the Plan, the Board of Supervisors and Agency received certain written comments on the Plan. Prior to the introduction of this Ordinance, by Board of Supervisors resolution dated July 8, 2003, and pursuant to Health and Safety Code Section 33363, the Board of Supervisors prepared and adopted its responses and findings (the "Written Responses") in writing to all written comments its received in connection with consideration of adoption of the Plan.

(Ord. No. 4111, adopted 2003.)

In accordance with California Health and Safety Code Sections 33367, and based upon the evidence contained in the Report, the EIR, the Notice of Preparation, the CEQA Findings, the Written Responses and other documents prepared in the Plan adoption process and on evidence presented at the public hearing, it is hereby found and determined that:

(A) The above recitals and background information are true and correct.

(B) The Project Area is a blighted area, the redevelopment of which is necessary to effectuate the public purposes declared in, and it qualifies as an eligible area under, the Redevelopment Law (see particularly Sections II, IV and XVII of the Report regarding evidence with respect to this finding).

(C) The time limitations that are contained in the 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 (see particularly Sections I, II, VI, VIII and XVII of the Report regarding evidence with respect to this finding). As indicated in Sections VI and VIII of the Report and accompanying tax increment projections, it will require a lengthy period to generate sufficient funds to pay for the identified programs and activities to alleviate blight in the Project Area, so that it will be necessary for the Agency to have twenty (20) years from the date of Plan adoption to incur debt to pay for the necessary programs and activities, thirty (30) years for the Plan to be effective and forty-five (45) years to receive tax increment revenue in order to repay the debt incurred for the necessary programs and activities.

(D) The Plan would redevelop the Project Area in conformity with the Redevelopment Law and would be in the interest of the public peace, health, safety and welfare; and the implementation of the Plan would promote the public peace, health, safety and welfare of the County of Mendocino and would effectuate the purposes and policy of the Redevelopment Law (see particularly Sections I, II, IV, V, VI, VIII and XIV of the Report regarding evidence with respect to this finding).

(E) The Plan conforms to the County of Mendocino General Plan including, but not limited to, the Housing Element of the General Plan, which Housing Element 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) (see particularly Sections I, II, IV, V, VI, VIII and XI of the Report and Section 14.1 of the Draft EIR regarding evidence with respect to this finding).

(F) The adoption and implementation of the Plan is economically sound and feasible (see particularly Section VII of the Report regarding evidence with respect to this finding).

(G) The Plan will afford maximum opportunity, consistent with the sound needs of the County of Mendocino, as a whole, for the redevelopment of the Project Area by private enterprise (see particularly Sections V, VI and VII of the Report and the Agency's adopted Rules for Owner Participation and Business Tenant Preference regarding evidence with respect to this finding).

(H) The Agency has a feasible method or plan for the relocation of families and persons which may be displaced from the Project Area if the Plan may result in the temporary or permanent displacement of any occupants of housing facilities in the Project Area (see particularly Section IX the Report and the Agency's adopted Relocation Guidelines regarding evidence with respect to this finding).

(I) 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 who may 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. Families and persons shall not be displaced prior to the adoption of a relocation plan pursuant to Sections 33411 and 33411.1 of the Redevelopment Law. 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 Redevelopment Law (see particularly Sections IX and XIV of the Report regarding evidence with respect to this finding).

(J) Pursuant to Health and Safety Code Section 33367(e), the Board of Supervisors is satisfied that permanent housing facilities will be available within three (3) years from the time occupants of the Project Area, if any, are displaced and that pending the development of such facilities, there will be available to such displaced occupants adequate temporary housing facilities at rents comparable to those in the community at the time of their displacement (see particularly Section IX of the Report regarding evidence with respect to this finding).

(K) The Project Area contains approximately seven hundred seventy-two (772) acres. All noncontiguous areas of the Project Area are either blighted or necessary for effective redevelopment, and are not included in the Project Area for the purpose of obtaining tax increment revenues from the area pursuant to Health and Safety Section 33670 without substantial justification for their inclusion (see particularly Sections II, IV, V, VI, VII and XVII of the Report regarding evidence with respect to this finding).

(L) The 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 Project Area of which they are a part; and these lands, buildings or improvements are not included for the purpose of obtaining the allocation of tax increment revenues from such area pursuant to Health and Safety Code Section 33670 without other substantial justification for their inclusion (see particularly Sections II, IV, V, VI, VII and XVII of the Report regarding evidence with respect to this finding).

(M) In order to implement and facilitate the effectuation of the Plan hereby approved and adopted, certain official action must be taken by this Board of Supervisors with reference to, among other things, the establishment of new street patterns, the location of sewer and water mains, lighting and utility lines and other public facilities and other public action, and accordingly, this Council hereby (i) pledges its cooperation in helping to implement the Plan; (ii) requests the various officials, departments, boards and agencies of the County 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 Plan; (iii) stands ready to consider and take appropriate action upon proposals and measures designed to effectuate the Plan and (iv) intends to undertake and complete any proceedings necessary to be implemented by the community under the provisions of the Plan.

(N) 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 (see particularly Sections IV, V, VI, VII, VIII and XVII of the Report regarding evidence with the respect to this finding).

(O) The condemnation of real property, if any, is necessary to the execution of the Plan and adequate provisions have been made for payment of property to be acquired as provided by law (see particularly Sections IV, V, VI and VII of the Report regarding evidence with respect to this finding). As indicated in Section IV of the Report to Board of Supervisors, the Project Area is characterized by parcels of inadequate size and shape for modern reuse that are in separate ownership, and for which the Agency's land assembly authority is needed to facilitate such reuse. As indicated in Section VII, the Agency will have and can commit the resources necessary to provide full compensation for any land acquisition in accordance with the requirements of law. The Agency's use of eminent domain is limited by Section VI(B) of the Plan and generally the Plan prohibits the use of eminent domain by the Agency with respect to parcels on which persons reside that contain structures occupied as a residential dwelling at the time of the proposed acquisition.

(P) The development of the public improvements set forth in the Plan are of benefit to the Project Area and to the immediate neighborhood in which the Project is located; no other reasonable means of financing such improvements are available to the community; and the payment of funds for the acquisition of land for and the cost of such improvements will assist in eliminating one or more blighting conditions in the Project Area or provide housing for low- or moderate-income persons, and is consistent with the Agency's five-year implementation plan adopted pursuant to Health and Safety Code Section 33352(c). Based on these findings, the Agency is authorized to pay all or a part of the value of the land for and the cost of the installation and construction of the public improvements set forth in the Plan, as permitted by Health and Safety Code Section 33445 (see particularly Sections IV, V, VI, VII, VIII and XVII of the Report regarding evidence with respect to this finding).

(Q) The Project Area is predominantly urbanized as defined by subdivision (b) of Section 33320.1 of the in the Redevelopment Law (see particularly Section III of the Report regarding evidence with respect to this finding).

(R) The Project Area contains no enforceably restricted agricultural land or open space land. The Project Area also contains no parcel of land larger than two (2) acres that is in current agricultural use, and consequently no finding of the Agency is required pursuant to Section 33321.5(b) of the Redevelopment Law (see particularly Sections II and Ill of the Report regarding evidence with respect to this finding).

(Ord. No. 4111, adopted 2003.)

To the extent any written or oral objections have been received, all written and oral objections to the Plan are hereby overruled. In accordance with Health and Safety Code Section 33363, the reasons for overruling all written objections are more fully set forth in the Written Responses.

(Ord. No. 4111, adopted 2003.)

The Plan for the Project Area, having been duly received and considered, is approved and adopted and the Clerk of the Board is hereby directed to file a copy of the Plan with the minutes of this meeting. The Plan, which contains, among other elements, the statement of the purpose and intent of the Board of Supervisors with respect to the Project Area, is incorporated in this Ordinance by reference. The Plan is hereby designated as the official Redevelopment Plan for the Project Area. It is the purpose and intent of this Board of Supervisors that the Plan be implemented in the Project Area. A copy of this Ordinance shall be transmitted to the Agency and the Agency is vested with the responsibility of implementing the Plan.

(Ord. No. 4111, adopted 2003.)

It is the specific purpose and intent of the Board of Supervisors that the Plan be implemented in order to:

(A) Eliminate the conditions of blight in the Project Area;

(B) Ensure, as far as possible, that the causes of the blighting conditions will be either eliminated or protected against;

(C) Encourage and ensure the appropriate development of the Project Area; and

(D) Encourage and foster the economic revitalization of the Project Area and the provision of affordable housing in or of benefit to the Project Area.

Neither the list of purposes set forth above nor the lists of goals and objectives set forth in the Plan and the Report are intended to reflect a particular priority order. Rather, it is the intention of the Board of Supervisors that the Plan be implemented in a manner that will achieve an appropriate balance of the listed purposes, goals and objectives taking into account redevelopment needs and opportunities that arise from time to time.

(Ord. No. 4111, adopted 2003.)

If any provision, section, subsection, subdivision, sentence, clause or phrase of this Ordinance or the Plan is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portion or portions of the Ordinance or the Plan. In the event that any portion of the Project Area shall be determined to have been invalidly or incorrectly included in the Project Area, such invalidly or incorrectly included portion of the Project Area shall be deemed severable from the remainder of the Project Area, and the remainder of the Project Area shall remain fully subject to the provisions of the Plan.

(Ord. No. 4111, adopted 2003.)

The Executive Director of the Agency is hereby directed to record the Plan in compliance with the provisions of Health and Safety Code Section 33373 and Government Code Section 27295.

(Ord. No. 4111, adopted 2003.)

This Ordinance shall be published once in The Ukiah Daily Journal, a newspaper of general circulation published in Mendocino County and circulated in Mendocino County, within fifteen (15) days from and after its adoption, and shall take effect and be enforced thirty (30) days after its adoption.

(Ord. No. 4111, adopted 2003.)