CHAPTER 2.62
REDEVELOPMENT PLAN
Section
2.62.020 Approval - Redevelopment plan
2.62.050 Housing facility displacement
Editor’s note:
The complete adopted Fort Bragg Redevelopment Plan and environmental documentation is on file in the office of the City Clerk.
2.62.010 PURPOSE AND INTENT.
The purposes and intent of the City with respect to the project area are:
A. To eliminate the conditions of blight existing in the project area;
B. To prevent recurrence of blighting conditions within the project area;
C. To provide for participation by owners and tenants and reentry preferences to persons engaged in business within the project area to participate in the redevelopment of the project area; to encourage and ensure the development of the project area in the manner set forth in the proposed redevelopment plan; and to provide for the relocation of any residents, if any, displaced by the effectuation of the proposed redevelopment plan;
D. To improve and construct or provide for the construction of public facilities, roads, and other public improvements and to improve the quality of the environment in the project area to the benefit of the project area and the general public as a whole;
E. To encourage and foster the economic revitalization of the project area by protecting and promoting the sound development and redevelopment of the project area and by replanning, redesigning, or developing portions of the project area which are stagnant or improperly utilized because of the lack of adequate utilities and because of other causes; and
F. To provide housing as required to satisfy the needs and desires of the various age, income and ethnic groups of the community.
(Ord. 676, § 1, passed -- 1987)
2.62.020 APPROVAL - REDEVELOPMENT PLAN.
The proposed redevelopment plan for the Fort Bragg Redevelopment Project is hereby approved, adopted and designated as the official redevelopment plan for the Fort Bragg Redevelopment Project, and is hereby incorporated herein by reference and made a part hereof as if fully set forth at length herein, a copy shall be kept on file with the City Clerk.
(Ord. 875, § 25, passed 8-25-2008)
2.62.030 DETERMINATION.
The City 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 Community Redevelopment Law of the State of California and specifically that the project area is characterized by the existence of buildings and structures, used or intended to be used for living, commercial, industrial, or other purposes, or any combination or the uses, which are unfit or unsafe to occupy for the purposes and are conducive to ill health, transmission or disease, infant mortality, juvenile delinquency, and crime because of any one (1) or a combination of the following factors:
1. Faulty interior arrangement and exterior spacing;
2. High density of population and overcrowding;
3. Inadequate provision for ventilation, light sanitation, open spaces, and recreation facilities; and is further characterized by properties which suffer from economic dislocation, deterioration or disuse because of one (1) or more of the following factors:
a. The subdividing and sale of lots of irregular form and shape and inadequate size for proper usefulness and development;
b. The laying out of lots in disregard of the contours and other topography or physical characteristics of the ground and surrounding conditions; and/or
c. The existence of inadequate public improvements, public facilities, open spaces, and utilities which cannot be remedied by private or governmental action without redevelopment.
4. The prevalence of depreciated values, impaired investments and social and economic maladjustment; which conditions cause a reduction of, or lack of, proper utilization of the area to such an extent that it constitutes a serious physical, social or economic burden on the community which cannot reasonably be expected to be reversed or alleviated by private enterprise acting alone.
B. The redevelopment plan will redevelop the project area in conformity with the Community Redevelopment Law of the State of California in the interests of the public peace, health, safety, and welfare;
C. The adoption and carrying out of the redevelopment plan is economically sound and feasible;
D. 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 policies of the Community Redevelopment Law of the State of California;
F. The Agency has a feasible method or plan for the relocation of families and persons to be temporarily or permanently displaced from housing facilities in the project area;
G. 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, if any, decent, safe and sanitary dwellings equal in number to the number of and available to the displaced families and persons and reasonably accessible to their places of employment;
H. Inclusion within the project area of any lands, buildings, or improvements which are not detrimental to the public health, safety or welfare is necessary or the effective redevelopment of the area which they are a part; and any such area included is necessary for effective redevelopment of the project area and is not included for the purpose of obtaining the allocation of tax increment revenues from the area pursuant to § 33670 of the Community Redevelopment Law without other substantial justification for its inclusion;
I. The elimination of blight and redevelopment of the project area cannot be reasonably expected to be accomplished by private enterprise acting alone without the aid and assistance of the Agency;
J. The provision of low and moderate income housing outside the project area will be of benefit to the project; and
K. The effect of tax increment financing will not cause significant financial burden or detriment on any taxing agency deriving revenues from a project area.
(Ord. 676, § 3, passed -- 1987)
2.62.040 IMPLEMENTATION.
In order to implement and facilitate the effectuation of the redevelopment 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 changes in zoning, the vacating and removal of the 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, the 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 redevelopment plan; and
B. Requests the various officials, departments, boards, commissions, and agencies of the City having administrative responsibilities with respect to the project likewise to cooperate to such end and to exercise their respective functions and powers in a manner consistent with the redevelopment plan.
(Ord. 676, § 4, passed -- 1987)
2.62.050 HOUSING FACILITY DISPLACEMENT.
The City Council is satisfied that permanent housing facilities will be available within four (4) years from the time occupants of the project area are displaced, if any, and that pending the development of the facilities there will be available to the displaced occupants adequate 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 the displaced person or family at rents comparable to those at the time of their displacement. The housing units shall be suitable to the needs of the displaced persons or families and must be decent, safe, sanitary, and otherwise standard dwellings. The Agency shall not displace the person or family until the housing units are available and ready for occupancy.
(Ord. 676, § 5, passed -- 1987)
2.62.055 COMPLIANCE WITH CALIFORNIA COMMUNITY REDEVELOPMENT LAW, CAL. HEALTH AND SAFETY CODE § 33333.6.
A. The time limitation to receive property taxes to pay indebtedness or to receive property taxes pursuant to California Health and Safety Code § 33670 under the Plan is 7-13-2037 (10 years from the date of termination of the Plan, 7-13-2027), except to the extent a longer period of time may be allowed pursuant to California Health and Safety Code § 33333.6 or other provisions of the Community Redevelopment Law.
B. Except to the extent a longer period of time may be allowed pursuant to California Health and Safety Code § 33333.6 or other provisions of the Community Redevelopment Law, the time limitation as to the effectiveness of the Redevelopment Plan shall be 6-23-2027.
C. No action with respect to the time limitation set forth in California Health and Safety Code § 33333.6(e)(2)(B) is being taken at this time but the right to consider extension of the time limitation is being reserved.
D. The City Council finds and determines amendments to the Plan as adopted by this chapter are in compliance with the time limitations set forth in California Health and Safety Code § 33333.6.
E. The Plan shall remain in full force and effect, unmodified except to the extent of those particular amendments expressly set forth in this chapter.
(Ord. 774, §§1-6, passed -- 1994; Am. Ord. 865, § 1, passed 6-25-2007)
2.62.060 VALIDITY.
If any part of this chapter or the redevelopment plan which it approves are held to be invalid for any reason, the decision shall not affect the validity of the remaining portion of this chapter or of the redevelopment plan, and the City Council hereby declares that it would have passed the remainder of this chapter or approved the remainder of the redevelopment plan if the invalid portion thereof had been deleted.
(Ord. 676, § 6, passed -- 1987)