O 487 C.S.
ORDINANCE NO. 487 c.s.
, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ARROYO GRANDE APPROVING AND ADOPTING THE
::~;1 REDEVELOPMENT PLAN FOR THE ARROYO GRANDE
J REDEVELOPMENT PROJECT
WHEREAS, the City CouncIl of the City of Arroyo Grande (the · City Council") proposes
to adopt the Redevelopment Plan for the Arroyo Grande Redevelopment Project (the
"Redevelopment Plan"); and . ·
WHEREAS, the Arroyo Grande Redevelopment Agency (the" Agency.) is a duly
constituted redevelopment agency under the Jaws of the State of California; and
WHEREAS, the City Council has received the proposed Redevelopment Plan from the
Agency, together with the Agency's Report to the City Council (the "Report to Council") required
pursuant to Section 33352 of the Community Redevelopment Law, California Health and Safety
Code Sections 33000, et seq. (the .Community Redevelopment Law.), which includes the reasons
for the selection of the territory proposed to be included within the Arroyo Grande Redevelopment
Project (the "Project Area"), a description of the physical and economic conditions existing in the
:J Project Area, an implementation plan describing the specific goals and objectives of the Agency
~ with respect to the Project Area, an explanation of why the eHmination of blight and the
redeveloPment of the Project Area cannot reasonably be expected to be accomplished by private
enterprise acting alone or by the use of financing alternatives other than tax increment financing,
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 Arroyo Grande (the "City") as to the conformity of the.
Redevelopment Plan with the City's General Plan, an environmental impact report on the
Redevelopment Plan (the "Final EIR"), the report of the county fiscal officer and the Agency's
analysis thereof, a Neighborhood hnpact Report describing the impact of the Redevelopment Plan
upon the residents in the Project Area and the surromuiing areas, and a summary of consultations
with taxing agencies; and
WHEREAS, the Plazming Commission of the City of Arroyo Grande (the "Planning
J:. . Commission") 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; and
WHEREAS, the City Council and the Agency held a joint public hearing on May 13,
1997, on the adoption of the Redevelopment Plan; and
n
U WHEREAS, notice of said hearing was duly and regularly published in a newspaper of
.1" general circulation in the City, once a week for four successive weeks prior to the date of said
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hearing, and a copy of said notice and an affidavit 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 first-class mail to
the last known assessee of each parcel of]and in the Project Area at his or her last known address
as shown on the last eqn~1i7.ed asses.mten1 roll of the County of San Luis Obispo; and
WHEREAS, copies of the notice of the joint public hearing were mailed by first-class mail
to all residents and businesses in the Project Area at least thirty (30) days prior to the hearing; and
WHEREAS, copies of the notice of the joint public hearing were mailed by cenified mail
- with remm receipt requested to the governing body of ea~ taxing ~aency which receives taxes
from property in the Project Area; and
WHEREAS, the Agency and the City have each independently found and determined that,
for certain significant effects identified by the Fmal EIR., mitigation m~ures and a Mitigation
Monitoring Plan therefor have been required in, or incorporated into, the Redevelopment Plan
which avoid or substantially lessen such effects; and
WHEREAS, the Agency and City have each independently found and determined that
potential mitigation measures or projea alternatives not incorporated into the Redevelopment Plan
(mcluding the wNo Projectw alternative) were rejected as infeasible based upon specific
environmental, economic, legal, social, technological or other considerations as set forth in the
Final EIR and the .Statement of Overriding Considerations;. and ..
WHEREAS, the Agency, as the lead agency, and the City, as a responsible agency, have
certified the adequacy of the Fmal EIR submitted pursuant to Public Resources Code Section 21151
and Section 33352 of the Com1T111TUty Redevelopment Law; and
WHEREAS, the City Council has considered the report and recommendation of the
Planning Commission, the Report to Council, the Redevelopment Plan and its economic feasibility ,
and the Final EIR., 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 filed with the City Clerk before the hour set for such
joint public hearing.
NOW, THEREFORE, THE CITY COUNCIL OF THE CI1Y OF ARROYO
GRANDE DOES ORDAIN AS FOLLOWS:
. Section 1. The purposes and objectives of the City COtmcil with respect to the Project
Area are to accomplish the following: ---
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1. Encourage the redevelopment of the Project Area subject to and consistent
with the City's General Plan and/or specific development plans as may be
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adopted from time to time through the cooperation of private enterprise and
public agencies.
2. Enhance the long term economic well-being of the community .
"." . 3. Provide for the rehabilitation of commercial and industrial structures and
,
; residential dwelling units.
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j 4. Provide public infrastructure improvements and community facilities, such
as the installation, construction, and/or reconstruction of streets, utilities,
public buildings and facilities (such as facilities for pedestrian circulation
and parking facilities), storm drains, utility undergrounding, or structures,
street lighting, landscaping and other improvements which are necessary for
the effective redevelopment of the Project Area.
5. Provide for participation in the redevelopment of property in the Project
Area where feasible by owners who agree to so participate in conformity
with this Redevelopment Plan.
6. Encouragejoint efforts and cooperative efforts among property owners,
businesses and public agencies to achieve desirable economic development
goals and programs and to reduce or eliminate existing blight conditions.
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~ 7. _ Increase, improve and preserve the community's supply of affordable
housing.
8. Acquire real property, excepting by the exercise of the power of eminent
domain by the Agency.
Section 2. The City Council hereby fmds and determines, based on the evidence in the
record, including, but not limited to, the Report to Council and all documents referenced therein,
and evidence and testimony received at the joint public hearing on the adoption of the
Redevelopment Plan that:
A. The Project Area is a blighted area, the redevelopment of which is necessary to
effecmare the public purposes declared in the Community Redevelopment Law.
This finding is based on the following conditions which characterize the Project
] Area:.
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1. Buildings in which it is unsafe or unhealthy for persons to live or work due
. to serious building code violations, di1apidation and deterioration, defective
design or physical conditions or faulty or inadequate utilities; and
[] 2. FactOrs that prevent or substantially hinder the economically viable use or
capacity of buildings or lots due to substandard design, inadequate size
under present standards and market conditions, and lack of parking; and
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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
Project Area; and
4. The existence of subdivided lots of irregular form and shape and inadequate
size for proper usefulness and development that are in multiple ownership;
and
5. Depreciated or stagnant property values and impaired investments; and
6. Abnormally high business vacancies, abnormally low lease rates, high
turnover rates, abandoned buildings, and excessive vacant lots; and
7. A lack of n~ connnercial facilities that are normally found in
neighborhoods, including grocery stores, drug stores, and banks and other
lending institutions; and
8. Residential overcrowding; and
9. The existence of inadequate public improvements, parking facilities or
utilities.
Such conditions are causing and will increasingly cause a.reduction and lack of .-- --
proper utilization of the Project Area to such an extent that it constitutes a serious "
physical and economic burden on the community which cannot reasonably be -....
expected to be reversed or alleviated by private enterprise or governmental action,
or both, without redevelopment, thus requiring redevelopment in the interest of the
health, safetJ and general welfare of the people of the City and the State. Evidence
supporting this rmding includes 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 Redevelopment Plan will redevelop the Project Area in conformity with the
Community Redevelopment Law and in the interests of the public peace, health,
safetJ and welfare. Evidence supporting this finding includes the fact that the I
purposes of the Community Redevelopment Law would be attained through the
implemP.ntMion of the Redevelopment Plan; by the elimination of the physical and i
economic blighting conditions which exist in the Project Area; by the replanning,
redesign and/or redevelopment of areas which are st3.c.onant or improperly utilized, i
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and which could not be accomplished by private enterprise or governmental action,
or both, without redevelopment; by protecting ~d promoting sound development - ,
and redevelopment of the Project Area and the general welfare of the citizens of the
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-. City by remedying such injurious conditions through the employment of all
appropriate means.
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.J C. The adoption and carrying out of the Redevelopment Plan is economically sound
and feasible. Evidence supporting this finding includes the fact that under the
.-,., Redevelopment Plan the Agency will be authorized to seek and utilize a variety of
I potential financing resources, including property taX increment, interest income,
J
Agency bonds, loans from private instimtions, proceeds from the sale or lease of
property, financial assistance from the City, County, State of California, Federal
Government or any other public agency, or any other legally available source; that
the natUre and timing of redevelopment assistance will depend on the amount and
availability of such financing resources, including tax. increment, generated by new
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investment in the Project Area; and that the financing plan included within the
Report to Council demonstrates that sufficient financial resources will be available
to carry out the Redevelopment Plan.
D. The Redevelopment Plan conforms to the General Plan of the City, including, but
not limited to. the housing element of the General Plan, 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 Govermnent Code. This finding is based
on the report of the Planning Commission that the Redevelopment Plan conforms to
the General Plan, as well as the teXt of the Redevelopment Plan.
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~ E. The carrying out of the Redevelopment Plan will promote the public peace, health,
-. safety and welfare of the community and will effectuate the purposes and policies of
the Community Redevelopment Law. Evidence supporting this finding includes 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 and physical conditions of the Project.Area, and by
increasing employment opportunities within the City.
F. The Agency has adopted 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. The Agency also has a feasible method and plan for
its relocation of businesses. Evidence supporting this finding includes the fact that
the Agency has adopted a method of relocation for the Project Area which sets forth
a plan for relocation of families and persons who may potentially be displaced by
J Agency projects, and upon the fact that the Redevelopment Plan provides for
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relocation assistance according to law, and the fact that such assistance, including
relocation payments, constittltes a feasible method for relocation.
G. There are, or shall be provided, within the Project Area or within 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 might be displaced from the Project Area, decent, safe and sanitary
~'. . dwellings equal in ~umber to the number of and available to such displaced families
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and. persons and reasonably accessible to their places of employment. Evidence
supporting this finding includes the inforniation contained in the Report to Council
that no persons are expected to be displaced as a result of the implementation of the
Redevelopment Plan, and that even if some persons were to be disp1aced there are
sufficient existing dwellings which would be avaiJable to persons displaced by the
imple:m~on of the Redevelopment Plan.
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 Community Redevelopment Law,
and 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.
Evidence supporting this ijnding includes the fact that the Redevelopment Plan
,
_.~, requires the Agency to adopt such a plan prior to any such displareruent.
1. All noncontiguous areas of the Project Area are either blighted or necessary for
effective redevelopment and are not included for the purpose of obtaininf the
allocation of taxes from the area pursuant to Section 33670 of the Community
Redevelopment Law without other substantial justification for their inclusion. This
finrln,g is based upon the information set forth in the Report to Council and other
evidence in the record.
J. Inclusion of any 1ands, 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. Evidence supporting this finding includes
the fact that all properties within Project Area bOundaries were included because
they were underuti1ized 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 ~ a whole. Such properties will share in
the benefits of the Redevelopment Plan.
K. The elimimmon 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. Evidence supporting this finding
includes the existence of blighting influences as set forth in the Report to Council,
and the inability of individual owners and developers to economically remove these
bJigJtting influences without substantial public assistance.
L. The Project Area is a predominantly urbanized area. Evidence supporting this -
finding includes the information set forth in the Report to Council and the
Preliminary Report for the RedeVelopment Plan, which demonstrates that not less
than eighty percent (80%) of the Jand in the Project Area:
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1. Has been or is developed for urban uses; or
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2. Is characterized by the existence of subdivided lots of irregular form and
shape and inadequate size for proper usefulness and development that are in
multiple ownership; or
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J 3. Is an integral part of one or more areas developed for urban uses which are
surrounded or substaIltially surrounded by parcels which have been
developed for urban uses.
M. The time limitation on the allocation of dollars to the Agency as contained in the
Redevelopment Plan is reasonably related, to the proposed projects to be
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implemented in the Project Area and to the ability of the Agency to eliminate blight
within the Project Area. This fmding is based upon the fact that the time limitation
contained in the Redevelopment Plan is consistent with the number of dollars to be
allocated to the Agency, the anticipated costs of the public improvement projects
proposed to be undertaken by the Agency pursuant to the Redevelopment Plan, and
the anticipated time for the Agency to undertake such projects.
Section 3. The City CouncI1 is satisfied that permanent housing facilities will be
available within three years from the time residential occupants of the Project Area, if any, are
displaced, and that pending the development of sucl1 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. Evidence supporting this finding includes the City. Council's
finding that 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.
Section 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 having been considered and, in the case of written objections received from Project
Area property owners and affected taxing agencies, having been responded to in writing, are
hereby overruled.
Section 5. The Fmal E1R for the Redevelopment Plan, a copy of which is on file in the
J 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 andlor the City pursuant to or in implementation of the
Redevelopment Plan shan be undertaken in accordance with the mitigation measures and Mitigation
'.'
\\:. Monitoring Plan set forth in the Final EIR., and the Agency shall undertake such additional
environmental review or assessment as necessary at the time of the proposed implementation of
a such activities.
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Section 6. That certain Redevelopment Plan for the Arroyo Grande 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
pan hereof, and as so incorporated is hereby designated, approved, and adopted as the official
redevelopment plan for the Project Area. -
Section 7. In order to implement and facilitate the effectuation of the Redevelopment
Plan hereby approved, this City 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 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.
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
San Luis Obispo 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 Building Department of the City is hereby directed for a period of two
(2) 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.
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 or plat indicating the boundaries of the Project Area, to the
Auditor-Comroller and Assessor of the County of San Luis Obispo, 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 Eq1mlmnion, within thirty (30) days following the adoption of the Redevelopment Plan.
Section 12. The City Clerk is hereby authorized and directed to certify to the passage of
this Ordinance and to cause the same to be published in a newspaper of general circulation which is
published and circulated in the City.
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Section ~. If any part of this Ordinance or the Redevelopment Plan which it approves
is held to be invalid for any reason, such decision shall not affect the validity of the remaining
portion of this Ordinance or of the Redevelopment Plan, and this City Council hereby declares that
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it would have passed the remainder of the Ordinance or approved the remainder of the
. - Redevelopment Plan if such invalid portion thereof had been deleted.
Section 14. This Ordinance shall be in full force and effect thirty (30) days after
passage.
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I Introduced and first read at a regular meeting of the City Council of the City of Arroyo
Grande held the 27th day of Ma v . 1997, and thereafter PASSED AND ADOPTED at
j a regular meeting of said City Council held the 10th day of June . 1997, by the
following roll call vote:
AYES: COUNCTI.. :MEMBERS: Fuller., Lady, and MAYOR Dougall
.
NOES: COUNCTI.. MEMBERS: None
ABSENT: COUNCTI..MEMBER.S: None
ABSTAIN: COUNCTI.. MEMBERS: Runels
-,
~ ATIEST:
71 a.~
City C1~'
APPROVED AS TO FORM:
Stradling, Yocca, Carlson & Rauth,
a Professional Corporation
--="A,.A...r.j /. . ;/
J...:."'. /~5~1 - -,/,/
. _ ~~L., ~-.....--
Agency Special Counsel
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STATE OF CALIFORNIA )
COUNTY OF SAN LUIS OBISPO ) SSe
CITY OF ARROYO GRANDE )
I, Nancy A. Davis . City Clerk of the City of Arroyo Grande, do hereby certify
that the foregoing Ordinance No.487 C.Swas introduced at a regular meetiJ1g of the City Council
of the City of Arroyo Grande, held an the 27th day of May , 1997, and
that the same was duly passed and adopted at a regu1ar meeting of said City Council held on the
10th day of June , 1997, by the following vote of the members thereof:
"
. . AYES: COUNCIL~ERS:Fuller, Lady, and MAYOR Dougall
NOES: COUNCIL ~ERS: None
ABSENT: COUNCIL ~ERS: None
ABSTAIN: COUNCIL ~ERS: Runels and Tolley
AND I FURT.HJ!a{ CERTIFY that the Mayor of the City of Arroyo Grande signed said Ordinance
No. 48.7. C:'S.on the lOthday of June ,1997 .
Ii
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the
City of Arroyo Grande this 1~ of June . 1997.
1I~.~
CITY OF THE CITY OF ARROYO
GRANDE
(SEAL)
I, Nancv A. Davis , City Clerk of the City of Arroyo Grande. do hereby certify that
the foregoing is the original Ordinance No. 487 C.S.and was published once in the
Times-Press-Recorder an the 2Dth day of June , 1997.
t1. a.~
CITY C~ THE CITY OF ARROYO
GRANDE
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