Sebastopol Municipal Code Ch. 2.68 Redevelopment Plan of the Sebastopol Community Development Project Area

The City Council of the City of Sebastopol (the “City”) has received from the Community Development Agency of the City of Sebastopol (the “Agency”) the proposed redevelopment plan (the “redevelopment plan”) of the Sebastopol Community Development Project Area (the “project area”), entitled “Plan of the Sebastopol Community Development Project Area,” dated June 1983, a copy of which is on file at the office of the Agency at 7120 Bodega Avenue, Sebastopol, California, and at the office of the City Clerk, City Hall, 7120 Bodega Avenue, Sebastopol, California, together with a report (the “report”) thereon of the Agency, dated June 1983, 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 in sufficient detail so that this Council may determine the economic feasibility of the redevelopment plan, a plan (including the provisions required by Health and Safety Code Section 33411.1) 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 for the project area, the report and recommendation of the City Planning Commission, the report required by Government Code Section 65402, a summary of meetings with the project area residents (there was no Project Area Committee), an environmental impact report on the redevelopment plan, the report of the County Fiscal Officer and the Agency’s analysis thereof (including a summary of consultation of the Agency, or attempts to consult by the Agency, with each of the taxing agencies as required by Health and Safety Code Section 33328), any report of the Fiscal Review Committee, and a neighborhood impact report describing in detail the impact of the Sebastopol redevelopment project (the “project”) upon the residents of the project area and the surrounding areas.

The Council and the Agency duly held a joint public hearing on July 13, 1983, on adoption of the redevelopment plan. A notice of said hearing was duly and regularly published in the Sebastopol Times, a newspaper of general circulation printed and published in this City, once a week for four successive weeks prior to the date of said hearing, and a copy of said notice and affidavit of publication are on file with the City Clerk and the Agency. Copies of the notice of joint public hearing were mailed by certified mail with return receipt requested to the last known address of each addressee as shown on the last equalized assessment roll of the County of Sonoma of each parcel of land in the proposed project area. Each addressee in the project area was sent a separate statement, attached to the notice of the joint public hearing, that his property may be subject to acquisition by purchase or condemnation under the redevelopment plan and subject to the limitations thereof, and a map of all properties which would be subject to acquisition by purchase or condemnation under the plan. Copies of the notice of joint public 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.

The Planning Commission of the City, which is the duly designated and acting official planning body for the City, has submitted to this Council its report and recommendation respecting the redevelopment plan, and has found that the redevelopment plan conforms to the General Plan of the City. The Planning Commission has recommended that the redevelopment plan be approved by this Council, and this Council has duly considered same.

The redevelopment plan prescribes certain land uses for the project area and may require, among other things, changes or modifications in zoning, the vacating and removal of streets, alleys and other public rights-of-way, the establishment of new street patterns, the location of sewers, water mains, utility lines and other public facilities, and other public action.

The Agency has prepared and submitted a program for the relocation of families and persons who may be displaced as a result of carrying out the project in accordance with the redevelopment plan; and the Council has general knowledge of the conditions existing in the project area and of the availability of suitable housing in the City for the relocation of families and persons who may be displaced by the project, and in the light of such knowledge of local housing conditions, has carefully considered and reviewed such program for relocation.

The Council 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 or national origin; and the Council has considered the report of the Agency, the redevelopment plan and its economic feasibility, the feasibility of the relocation program, and the final environmental impact report, and 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.

The Agency has reviewed and considered the environmental impact report for the redevelopment plan, prepared and submitted pursuant to Public Resources Code Section 21151 and Health and Safety Code Section 33352, and determined that the redevelopment of the project area pursuant to the redevelopment plan will not have a significant effect on the environment.

The purpose and intent of the City Council with respect to the project area is to accomplish the following:

A. Eliminate the conditions of blight;

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

C. Provide a stable, diversified and stronger economic base for the project area and community by, for example: creating public/private partnerships to facilitate development of remaining commercial, industrial and residential land in order to increase and diversify revenue sources available to the City; and assisting in the improvement of those properties that have been traditionally been used for apple processing so that these currently underutilized properties can be transformed into fully developed and viable commercial properties;

D. Provide safer, more efficient, and economical movement of persons and goods within the project area and the community, by, for example, reconstructing and improving deteriorated and inadequate streets, reducing through traffic impacts by providing alternative circulation routes, and improving overall vehicular circulation by the construction of needed circulation improvements;

E. Conserve and improve existing public facilities and provide new such facilities as needed for the improvement of the project area, including the rehabilitation or reconstruction of storm and sanitary utilities, improvement and development of parks, recreation and cultural facilities, the provision of needed parking facilities and firefighting and police safety facilities;

F. Provide additional housing opportunities in the project area and community, by, for example, using funds and resources available under State law to support affordable housing opportunities, assisting in the rehabilitation of existing older housing, and helping to defray the costs of issuance of mortgage revenue bonds that will encourage the construction and/or rehabilitation of affordable owner-occupied and rental housing;

G. Provide additional employment opportunities for residents of the community by, for example, the development of now vacant commercial lands;

H. Enhance the physical environment of the project area and emphasize its favorable environmental characteristics.

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 (Health and Safety Code Section 33000 et seq.). This finding is based upon the following conditions which characterize the project area:

1. The existence of buildings and structures used or intended to be used for living, commercial, industrial or other purposes, which are unfit or unsafe to occupy for such purposes and therefore conducive to ill health, transmission of disease, infant mortality, juvenile delinquency, and crime due to one or a combination of the following factors: deterioration, dilapidation, age, obsolescence, mixed character, or shifting of uses; defective design and character of physical construction; faulty interior arrangement and exterior spacing; inadequate sanitation, open spaces and recreation facilities;

2. The existence of properties which suffer from economic deterioration and disuse because of:

a. The existence of inadequate public improvements, public facilities, utilities and open spaces, including inadequate and insufficient traffic circulation, parking, drainage, streets, sidewalks, curbs, gutters, and sewers, which cannot be remedied with private or governmental action without redevelopment;

b. Lots (parcels) subdivided and sold of irregular form, shape and inadequate size for proper usefulness and development;

c. Lots (parcels) laid out in disregard to contours, topography, or physical characteristics and surrounding conditions;

d. Lots (parcels) subject to flooding;

e. Economic dislocation, deterioration or disuse resulting from faulty planning; and

f. A prevalence of depreciated values, impaired investments and social 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 or 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 make any significant correction of the blighting conditions, and the fact 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, among other reasons.

To the extent there are any lands, buildings, or improvements within the project area which are not detrimental to the public health, safety or welfare, they are hereby included in the project area because they are necessary for the effective redevelopment of the area of which they are a part.

B. 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. Among other reasons, this finding is based upon the fact that the purposes of the Community Redevelopment Law would be attained by the proposed project: through the elimination of blighting influences; by the provision of streets and other public improvements necessary to alleviate poor traffic circulation, drainage, and other deficiencies and to promote development by private enterprise; by development of the project area in a manner consistent with the General Plan and the redevelopment plan; and promotion of the objective to revitalize and upgrade a significant area within the City in order to increase sales and business tax revenues, reduce the cost of providing services, create jobs for area residents, assure economic stability, eliminate the depressing effects of physical blight, promote aesthetic and environmental actions and improvements and make the City a better place to live, work and enjoy leisure time.

C. The adoption and carrying out of the redevelopment plan is economically sound and feasible. Among other reasons, 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.

D. The redevelopment plan conforms to the General Plan of the City. This finding is substantiated by the report of the Planning Commission that the redevelopment plan conforms to the General Plan of the City.

E. The carrying out of the redevelopment plan will promote the public peace, health, safety and welfare of the City and will effectuate the purposes and policy of the Community Redevelopment Law. Among other reasons, 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 stimulate development and improve the economic, social and physical conditions of the project area.

F. The condemnation of real property, to the extent 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 the redevelopment plan limits the Agency’s use of the eminent domain power to that which is necessary to accomplish the goals set forth therein.

G. 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, the fact that the Agency has adopted relocation guidelines pursuant to the law, and the fact that minimal or no displacement of residents is contemplated.

H. 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 implementation of the redevelopment plan will result in the relocation of few residents, if any, and the fact that no person or family will be required to move from any dwelling unit until suitable replacement housing is available.

I. There are no noncontiguous areas contained in the project area. All areas of the project area are either blighted or necessary for the effective redevelopment of the project area and are not included for the purpose of obtaining the allocation of taxes from such area pursuant to California Health and Safety Code Section 33670 without other substantial justification for their inclusion.

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 Section 33670 of the Community Redevelopment Law without other substantial justification for its inclusion. Among other reasons, 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, the inclusion of which 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, among other reasons.

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.

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 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 dwellings. The Agency shall not displace any such persons or families until such housing units are available and ready for occupancy.

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.

All objections presented to the Council have been duly considered and are hereby overruled, including 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.

That certain document heretofore submitted to this Council by the Agency entitled, “Plan of the Sebastopol Community Development Project Area,” dated June 1983, and amended by Ordinance No. 971 dated May 6, 2003, a copy of which is on file in the office of the City Clerk, having been duly reviewed and considered is hereby made a part hereof, and as so incorporated is hereby approved and adopted as the official redevelopment plan for the project area and hereby designated “Plan of the Sebastopol Community Development Project Area.”

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, (D) hereby provides for the expenditure of City money pursuant to the plan, and (E) declares its intention to undertake and complete any proceeding necessary to be carried out by the City under the provisions of the redevelopment plan.

The City Clerk is hereby directed to send a certified copy of the ordinance codified in this chapter to the Agency whereupon the Agency is vested with the responsibility for carrying out the redevelopment plan.

The City Clerk is hereby directed to record with the County Recorder of Sonoma 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.

The City Clerk is hereby directed to transmit a copy of the description and the statement recorded by the Clerk pursuant to SMC 2.68.130, a copy of the ordinance codified in this chapter, and a map or plat indicating the boundaries of the project area, to the Auditor-Controller and Assessor of the County of Sonoma, to the governing body of each of the taxing agencies which receive taxes from property in the project area, and to the State Board of Equalization.

The ordinance codified in this chapter shall be in full force and effect 30 days after passage.

The City Clerk is hereby ordered and directed to certify to the passage of the ordinance codified in this chapter and to cause the same to be published once in the Sebastopol Times, a newspaper of general circulation, published and circulated in the City, within 15 days after its passage.