HomeMy WebLinkAbout1994-02-22 - ORDINANCES - CMTY RECOVERY PLAN (2)ORDINANCE NO. 94-3
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF SANTA CLARITA
APPROVING AND ADOPTING
THE SANTA CLARITA COMMUNITY RECOVERY PLAN
THE CITY COUNCIL OF THE CITY OF SANTA CLARITA DOES ORDAIN AS
FOLLOWS:
SECTION 1. THE CITY COUNCIL of the CITY OF SANTA CLARITA
(hereafter "City") does hereby find, determine and declare as
follows:
(a) That the Redevelopment Agency of the City
(hereinafter referred to as the "Agency") has
formulated and prepared the proposed Santa Clarita
Community Recovery Plan for the City (hereinafter
referred to as "Plan"); and
(b) That the City Council of the City .has determined
that proposed Plan is in conformity with the
City's General Plan; and
(c) That the Agency submitted to the Council the
proposed Plan, and related and required documents;
and
(d) That the Agency heretofore adopted Rules Governing
Participation by property owners, operators of
businesses and tenants in the redevelopment
process pursuant to the Plan; and
(e) That the City and the Agency both conducted duly
noticed public hearings to consider the adoption
of the proposed Plan; and
(f) That the evidence adduced at said hearing
established that, as a result of the January 17,
1994 earthquake, which was rated at 6.8 on the
Richter Scale, and the numerous aftershocks
resulting therefrom, as well as earthquakes caused
by other faults, (hereafter "Disaster") the entire
City has been declared to be a Disaster area
within the meaning of Section 34003 of the Health
and Safety Code by the Governor of the State of
California and the President of the United States
has declared the Disaster to be a major federal
disaster; and
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(g) That the City Council of the City has heretofore
issued a proclamation of local emergency based
upon said Disaster; and
(h) That the damage to buildings and structures,
public and private, located with the City caused
by the Disaster has been extensive; and
(i) That evidence presented at the hearing
demonstrated that as of the time of the hearing,
13,899 property units, including City
infrastructure, other public facilities and
private property were damaged by the Disaster,
ranging from severe structural damage to damage to
chimneys, walls, roofs and windows at a total
estimated damage to be in excess of over Two
Hundred Twenty Million Dollars ($220,000,000.00);
and
(j)
That public utility services, including but not
limited to gas, electric and telephone, have been
completely, disrupted by the Disaster so that
utility services as of the time of the hearing in
many cases is problematic and/or sporadic; and
... (k)
That surface transportation between points within
the City as well as to points outside the City has
been severely impacted and is severely restricted
by the Disaster; and
(1)
That the damage occasioned by the earthquakes and
aftershocks has resulted in the entire City being
a disaster area within the meaning of Section
34003 of the Health and Safety Code; and
(m)
That administrative proceedings have been
conducted as a result of which it was determined
that: The adoption of the Plan and all related
activity which constitutes a project ("Project")
under the California Environmental Quality Act,
Public Resources Code Section 21000 et sea.
("CEQA"), is exempt from CEQA because: (1) under
Section 21080(b)(3) of the Public Resources Code
because the Project is undertaken and carried out
by the Agency to maintain, repair, restore,
demolish, or replace property or facilities
damaged or destroyed as a result of the Disaster
in a disaster -stricken area in which a state of
emergency has been proclaimed by the Governor; (2)
under Section 21080(b)(4) of the Public Resources
Code because the Project is necessary to mitigate
an emergency as emergency is defined in Section
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21060.3 of the Public Resources Code; and (3)
under Section 15269 of the CEQA Guidelines for the
above -stated reasons and that a Notice of
Exemption shall be duly and timely filed
evidencing the determination made to such
exemption; and
(n) That at said public hearings, the Santa Clarita
Redevelopment Agency and the City Council heard
and passed upon all oral and written objections;
and
(o) That all actions required by law for the adoption
of a Plan have been duly taken by the City and the
Agency.
SECTION 2. The purpose and intent of the City Council and
Agency with respect to the adoption of the proposed Plan is to:
(a) Remediate and/or eliminate the conditions in the
Project Area resulting from the disaster, and to
eliminate blight existing in the Project Area; and
(b) Prevent recurrence of blighting conditions within
the Project Area; and
(c) Provide for participation by owners and tenants
and preferences to persons engaged in business
within the Project Area to participate in the
redevelopment of the Project Area; and
(d) Encourage and ensure the redevelopment of the
Project Area in the manner set forth in the
proposed Plan; and
(e) Provide for the relocation of residents, if any,
displaced by the implementation of the proposed
Plan; and
(f) Improve, construct, reconstruct and provide for
the construction of public facilities, roads, and
other public improvements and public utilities and
to improve the quality of the environment in the
Project Area to the benefit of the Project Area
and the City as a whole; and
(g) Encourage and foster the economic revitalization
of the Project Area by protecting and promoting
the sound redevelopment and revitalization of the
Project. Area and by replanning, redesigning or
redeveloping portions of the Project Area which is
required as a result of the disaster, and/or which
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is stagnant or improperly utilized because of the
lack of adequate facilities, utilities and other
causes; and
(h) Provide housing as required to satisfy the needs
and desires of the various age, income and ethnic
groups of the community.
SECTION 3. After due consideration and considered
responses, all written and oral objections to the Plan be, and
are hereby overruled.
SECTION 4. The proposed Plan is hereby approved and adopted
and designated as the Official Redevelopment Plan for the Santa
Clarita Community Recovery Project Area. A true and correct copy
of the Plan is attached hereto and incorporated herein by
reference as if set forth in full and marked as Exhibit "A"_
that:
SECTION 5. The City Council hereby finds and determines
(a) The redevelopment of the Project Area is necessary
to effectuate, mitigate or remediate the effect of
the Disaster, and to eliminate blighted areas
included within the Project Area, in a manner
consistent with the public purposes as set forth
in the Community Redevelopment Law, Health and
Safety Code, Section 33000 et sea. (hereafter
"CRL") of the State of California; and
(b) The Plan will effectively redevelop the Project
Area in conformity with the CRL and the Community
Redevelopment Financial Assistance and Disaster
Project Law (hereafter "Disaster Law") (34100 et
sea., Health and Safety Code) in the interests of
the public peace, health, safety and welfare of
the community; and
(c) That the adoption of this Plan, and its
implementation, is economically sound and
feasible; and
(d) The condemnation of real property, as provided for
in the Plan, is necessary for the execution of
said Plan and adequate provisions have been made
for payment for property to be acquired, as
required by law; and
(e) The Agency has a feasible method or plan for the
relocation of families and persons to be
'.., temporarily or permanently displaced from
facilities within the Project Area; and
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(f) There are or are being provided in the Project
Area or in other areas not generally less
desirable in regard to public utilities and public
and commercial facilities and at rents or prices
within.the financial means of the families and
persons displaced from the Project Area, decent,
safe, and sanitary dwellings equal in number to
the number of and available to such displaced
families and persons and reasonably accessible to
their places of employment; and
(g) The Agency has presented a plan for the
encouragement to the maximum extent feasible, of
the provision of dwellings suitable for the needs
of families displaced by the disaster or by
redevelopment, rehabilitation or renewed
utilities; and
(h) Families and persons shall not be displaced prior
to the adoption of a relocation plan pursuant to
Sections 34111 and 34111.1. Dwelling units
housing persons and families of low and 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;
and
(i) Inclusion within the Project Area of any
noncontiguous areas or any properties, buildings,
or improvements which are not neglected, and thus
detrimental to the public health, safety, or
welfare is necessary for the effective
redevelopment of the areas of which they are a
part; any such properties included are necessary
for effective redevelopment under the Plan, and
are not included for the purpose of obtaining the
allocation of tax increment revenues from such
area pursuant to Section 33670 of the CRL without
other substantial justification for its inclusion;
and
(j) The remediation of the effect of the Disaster and
the elimination of blight and redevelopment of the
Project Area will not be accomplished by private
enterprise acting alone without the aid and
assistance of the Agency; and
(k) The Project Area is predominantly urbanized as
defined in subdivision (b) of Section 33320.1 of
the CRL; and
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(1) The time limitation and the limitation on the
number of dollars to be allocated to the Agency
that are contained in the Plan are reasonably
related to the proposed projects to be implemented
in the Project Area; and
(m) The carrying out of this Plan will promote the
public peace, health, safety and welfare and will
effectuate the purposes and policies of the CRL.
SECTION 6. In order to implement and facilitate the
effectuation of the Plan hereby approved and adopted, it is found
and determined that certain official actions must be taken by the
City Council with reference, among other things, to the vacating
and removal of streets, alleys, and other public ways, the
establishment of new street patterns, the location and relocation
of sewer and water mains and other public facilities, and other
public action, and accordingly, this City Council hereby:
(a) Declares its intention to undertake and complete
any proceedings necessary to be carried out by the
City under the provisions of the Plan;
(b) Requests the various officials, departments,
boards, commissions, and agencies of the City
,.., having administrative responsibilities in the
premises to cooperate with the Agency in such
proceedings and to exercise the respective
functions and powers in a manner consistent with
said Plan.
SECTION 7. This Council is satisfied that permanent
housing facilities will be available within three (3) years from
the time occupants of the project are displaced and that pending
the development of such facilities there will be available to
such displaced occupants adequate temporary facilities at rents
comparable to those in the City at the time of the displacement.
SECTION 8. The City Clerk is hereby directed to file a
certified copy of this Ordinance with the Secretary of the Santa
Clarita Redevelopment Agency, and the Agency is hereby vested
with the responsibility for carrying out the Plan.
SECTION 9. Pursuant to Section 34013 of the Health and
Safety Code, this ordinance is hereby declared to be an emergency
ordinance and shall take effect immediately upon its adoption. A
statement of facts constituting the basis of its status as an
emergency ordinance is as follows: as set forth above a Disaster
within the meaning of the Disaster Law occurred within and
adjacent to the City;,that factually supported findings regarding
.— the existence of the Disaster have been made as described above;
that the adoption of the Plan is required immediately to advance
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the public interest, convenience and necessity; that the public
peace, health and safety required the immediate adoption of the
Plan.
SECTION 10. The City Clerk shall certify to the adoption
of this Ordinance and cause the same to be published in the
manner prescribed by law.
APPROVED and ADOPTED this 22nd day of February, 1994.
�� ✓ AOR
CITY OF SANTA CLARITA
ATTEST:
i
ITY CLERK
CITY OF SANTA CLARITA
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STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF SANTA CLARITA )
I, Danna M_ ar;ndey, , City Clerk of the City of Santa
Clarita, do hereby certify that the foregoing Ordinance No.
ga-a was regularly introduced and placed upon its first
reading at a regular meeting of the City Council on the 22nd day
of _ Fahr„ary , 19ge�. That thereafter, said Ordinance was
duly adopted and passed at a regular meeting of the City Council
on the end day of February 1994 , by the following
vote, to wit:
AYES: COUNCILMEMBERS: Boyer, Darcy, Heidt, Pederson
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Klajic
CITY CLERK
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