250 Ordinance No. 250
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAND
TERRACE, CALIFORNIA ADOPTING AMENDMENT NO. 6 TO THE
REDEVELOPMENT PLAN FOR THE GRAND TERRACE COMMUNITY
REDEVELOPMENT PROJECT AREA.
WHEREAS, the City Council of the City of Grand Terrace ("City Council")
adopted the Redevelopment Plan for the Grand Terrace Community
Redevelopment Project Area ("Original Area") on September 27, 1979 by
Ordinance No. 25; and
WHEREAS, the Redevelopment Plan for the Grand Terrace Community
Redevelopment Project Area was subsequently amended five times; and
WHEREAS, Amendment No. 1 was adopted on March 20, 1980, by Ordinance
No. 31, to authorize the City of Grand Terrace Redevelopment Agency
("Agency") to collect tax increment revenue within the Grand Terrace Community
Redevelopment Project Area ("Project Area"); and
WHEREAS, Amendment No. 2 was adopted on July 15, 1981, by Ordinance No.
52 which added the rest of the City limits (approximately 1,615 acres) to the
original Project Area boundaries ("Added Area"), and adopted a new, amended
Redevelopment Plan applicable to both the Original and Added Areas; and
WHEREAS, Amendment No. 3 was adopted on July 22, 1999, by Ordinance No.
187 to authorize the use of eminent domain to acquire certain non-residential
property for a 12 year period; and
WHEREAS, Amendment No. 4 was adopted on September 12, 2002, by
Ordinance No. 202, to clarify the language and original intent of the Agency to
make the tax increment limit for the Project Area (Original and Added Area) net
of pass through payments; and
WHEREAS, Amendment No. 5 was adopted on July 22, 2004, by Ordinance No.
212, to rescind the previous time limit to incur debt, making it essentially the
same as the duration of the Redevelopment Plan and dependent on the
Agency's ability to collect tax increment to repay any incurred debt and to extend
the time limit of the effectiveness of the Redevelopment Plan (to July 15, 2017),
and extended the time limit for payment of indebtedness and receipt of taxes (to
July 15, 2027) for both the Original and the Added Area; and
WHEREAS, the City of Grand Terrace Redevelopment Agency ("Agency") has
initiated proceedings to amend the Redevelopment,Plan for the Grand Terrace
Community Redevelopment Project Area ("Amendment No. 6); and
1
he City Council.
Page 5 of 5
shall be permitted and regulated under the requirements of the Low Density Residential land use
designation..." and that "light agricultural uses shall be permitted including the keeping of
animals with the approval of an Agricultural Overlay zoning designation".
SECTION 5. The Zoning Map is hereby amended to add the Floodplain Overlay
District and Agricultural Overlay District to the property shown on Exhibit 1 and attached
hereto.
SECTON 6. Chapter 18.77 entitled "Transitional Residential Uses and Structures" is
Page 2 of 5
bond meeting the requirements set forth
in the Subdivision Map Act shall be filed. In determining the amount of the bond, the
October 12, 2010
Page 72 of 74
that this provision is met to the satisfaction
October 12, 2010
Page70of74
al to the difference between the
amount it would have cost the subdivider to install such improvements to serve
the subdivision only and the actual cost of such improvements.
October 12, 2010
Page 65 of 74
October 12, 2010
Page 40 of 74
-25- December 14,2010
development director shall again determine whether the application is complete.
Page35of43
upp. 1140 (E.D. Tenn. 1995);
Page 9 of 43
o not adequately protect the health, safety, and general welfare of
Page 6 of 43
' cases of congenital syphilis, were reported for Los Angeles County residents, while the
2010 Communicable Diseases Report reported 355 cases of hepatitis B were reported
Page 2 of 43
WHEREAS, the purpose of Amendment No. 6 is to:
1. Increase the cumulative tax increment revenue limit in the redevelopment
plan from $70 million (net of taxing agency payments) to approximately
$225 million (net of taxing agency payments);
2. Increase the limit on the amount of bonded debt that may be outstanding
at any one time in the redevelopment plan from $15 million to
approximately$75 million;
3. Pursuant to California Community Redevelopment Law, Health and Safety
Code Section 33000, et. seq. ("CRL") Sections 33333.6(a), 33333.6(b),
and 33333.6(e)(2)(C), extend the effectiveness of the redevelopment plan
and time limit to collect tax increment revenue by the following time
frames:
a. Original Area— extend plan effectiveness from July 15, 2017, to
September 27, 2022, and time limit to collect tax increment from
July 15, 2027, to September 27, 2032;
b. Added Area—extend plan effectiveness from July 15, 2017, to July
15, 2024, and time limit to collect tax increment from July 15, 2027,
to July 15, 2034;
4. Rescind the Agency's authority to commence eminent domain within the
Project Area, effective immediately following the effectiveness of the
ordinance adopting the Amendment No. 6;
5. Replace the description of land uses in the redevelopment plan (as
previously contained in Section IV. Uses Permitted in the Project Area, pp.
33-42) with language that directly refers to the City's General Plan, zoning
ordinance, and other applicable land use policies and standards, as they
exist today or are hereafter amended; and
6. Amend and restate the redevelopment plan to incorporate the prior
amendments into a single document.
By providing the Agency with additional financial resources and extending the
redevelopment plan duration to that allowed under the CRL, Amendment No. 6
will assist in the elimination of blighting conditions that remain in the Project Area,
will assist in preventing the reoccurrence of such remaining blighting conditions,
and will enable the Agency to fully achieve the goals and objectives for
redevelopment of the Project Area pursuant to the Redevelopment Plan for the
Grand Terrace Community Redevelopment Project Area.; and
WHEREAS, the Amended and Restated Redevelopment Plan for the Grand
Terrace Community Redevelopment Project Area, prepared in connection with
Amendment No. 6 to the Redevelopment Plan for the Grand Terrace Community
2
"light agricultural uses shall be permitted including the keeping of
animals with the approval of an Agricultural Overlay zoning designation".
SECTION 5. The Zoning Map is hereby amended to add the Floodplain Overlay
District and Agricultural Overlay District to the property shown on Exhibit 1 and attached
hereto.
SECTON 6. Chapter 18.77 entitled "Transitional Residential Uses and Structures" is
Page 2 of 5
bond meeting the requirements set forth
in the Subdivision Map Act shall be filed. In determining the amount of the bond, the
October 12, 2010
Page 72 of 74
that this provision is met to the satisfaction
October 12, 2010
Page70of74
al to the difference between the
amount it would have cost the subdivider to install such improvements to serve
the subdivision only and the actual cost of such improvements.
October 12, 2010
Page 65 of 74
October 12, 2010
Page 40 of 74
-25- December 14,2010
development director shall again determine whether the application is complete.
Page35of43
upp. 1140 (E.D. Tenn. 1995);
Page 9 of 43
o not adequately protect the health, safety, and general welfare of
Page 6 of 43
' cases of congenital syphilis, were reported for Los Angeles County residents, while the
2010 Communicable Diseases Report reported 355 cases of hepatitis B were reported
Page 2 of 43
Redevelopment Project Area ("Amended and Restated Redevelopment Plan"), is
hereby incorporated by reference and is designated as the official redevelopment
plan for the Grand Terrace Community Redevelopment Project Area; and
WHEREAS, on February 4, 2010, by Resolution No. 10-01, the Planning
Commission of the City of Grand Terrace ("Planning Commission") has reported
that Amendment No. 6 conforms to the General Plan for the City of Grand
Terrace pursuant to CRL Sections 33346 and 33453; and
WHEREAS, on January 21, 2010, copies of the notice of joint public hearing, the
Preliminary Report (acting as the blight report required by CRL Section 33451.5)
and the Draft Amended and Restated Redevelopment Plan were mailed by
certified mail with return receipt requested to the California Department of
Finance and the California Department of Housing and Community Development;
and
WHEREAS, to date, the Agency has not received comments regarding
Amendment No. 6 from the California Department of Finance or the California
Department of Housing and Community Development pursuant to CRL Section
33451(e); and
WHEREAS, City staff held a community information meeting on March 9, 2010,
in the Community Meeting Room at Grand Terrace City Hall, for the purposes of
providing information and receiving input on the proposed Amendment No. 6;
and
WHEREAS, notice for the community information meeting was provided via
published notice in the Blue Mountain Outlook on March 1, 2010; and in the
Grand Terrace City News on March 4, 2010
WHEREAS, the City prepared and circulated a Draft Program Environmental
Impact Report on the City of Grand Terrace General Plan Update and
Amendment No. 6 to the Redevelopment Plan for the Revised Grand Terrace
Community Redevelopment Project, State Clearinghouse No. 2008011109
("Draft EIR") in accordance with the California Environmental Quality Act (Public
Resources Code Section 21000 et seq.), the Guidelines for Implementation of
the California Environmental Quality Act (14 Cal. Code Regs. Section 15000 et
seq.) and the Draft EIR was thereafter revised and supplemented to incorporate
comments received and responses thereto, and, as so revised and
supplemented, a Final Environmental Impact Report ("Final EIR") was prepared
and certified by the City Council; and
WHEREAS, the City Council has reviewed and considered the Final EIR and
have determined that, for certain significant effects identified by the Final EIR,
mitigation measures and a mitigation monitoring program therefor have been
adopted and mitigation measures incorporated to avoid or substantially lessen
such effects; and
3
ay zoning designation".
SECTION 5. The Zoning Map is hereby amended to add the Floodplain Overlay
District and Agricultural Overlay District to the property shown on Exhibit 1 and attached
hereto.
SECTON 6. Chapter 18.77 entitled "Transitional Residential Uses and Structures" is
Page 2 of 5
bond meeting the requirements set forth
in the Subdivision Map Act shall be filed. In determining the amount of the bond, the
October 12, 2010
Page 72 of 74
that this provision is met to the satisfaction
October 12, 2010
Page70of74
al to the difference between the
amount it would have cost the subdivider to install such improvements to serve
the subdivision only and the actual cost of such improvements.
October 12, 2010
Page 65 of 74
October 12, 2010
Page 40 of 74
-25- December 14,2010
development director shall again determine whether the application is complete.
Page35of43
upp. 1140 (E.D. Tenn. 1995);
Page 9 of 43
o not adequately protect the health, safety, and general welfare of
Page 6 of 43
' cases of congenital syphilis, were reported for Los Angeles County residents, while the
2010 Communicable Diseases Report reported 355 cases of hepatitis B were reported
Page 2 of 43
WHEREAS, the City Council has adopted a Statement of Overriding
Considerations for the remaining significant effects identified by the Final EIR
which cannot be mitigated to a level of insignificance; and
WHEREAS, the City Council and the Agency held a joint public hearing in the
City Council Chambers, 22975 Barton Rd, Grand Terrace, California, on April 27,
2010, to consider adoption of Amendment No. 6; and
WHEREAS, a notice of said hearing was duly and regularly published in the San
Bernardino Sun a newspaper of general circulation in the City of Grand Terrace,
once a week for 4 successive weeks on March 29, April 5, April 12, and April 19
2010, and a copy of said notice and affidavit of publication are on file with the
City Clerk; and
WHEREAS, on March 25, 2010, copies of the notice of joint public hearing were
mailed by first-class mail to the last known address of each assessee of each
parcel of land (as shown on the last equalized assessment roll of the County of
San Bernardino), residents and businesses in the Project Area; and
WHEREAS, on March 25, 2010, copies of the notice of joint public hearing were
mailed by certified mail with return receipt requested to the governing body of
each taxing entity that receives taxes from property in the Project Area; and
WHEREAS, the City Council has considered the Report to City Council on
Amendment No. 6, the actions of the Planning Commission, Amended and
Restated Redevelopment Plan, the 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 Amendment No. 6; and
WHEREAS, the City Council has adopted written findings in response to the
written objections received, if any, from affected property owners and/or affected
taxing entities at or prior to the joint public hearing; and
WHEREAS, all actions required by law have been taken by all appropriate legal
bodies.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF. GRAND
TERRACE DOES HEREBY ORDAINED AS FOLLOWS:
1. The Project Area is a blighted area, the redevelopment of which is
necessary to effectuate the public purposes declared in Section 33367 of
the CRL.
2. Significant blight remains within the Project Area, which blight cannot be
eliminated without the establishment of additional debt and an increase in
the limitation on the number of dollars to be allocated to the Agency. The
4
s and a mitigation monitoring program therefor have been
adopted and mitigation measures incorporated to avoid or substantially lessen
such effects; and
3
ay zoning designation".
SECTION 5. The Zoning Map is hereby amended to add the Floodplain Overlay
District and Agricultural Overlay District to the property shown on Exhibit 1 and attached
hereto.
SECTON 6. Chapter 18.77 entitled "Transitional Residential Uses and Structures" is
Page 2 of 5
bond meeting the requirements set forth
in the Subdivision Map Act shall be filed. In determining the amount of the bond, the
October 12, 2010
Page 72 of 74
that this provision is met to the satisfaction
October 12, 2010
Page70of74
al to the difference between the
amount it would have cost the subdivider to install such improvements to serve
the subdivision only and the actual cost of such improvements.
October 12, 2010
Page 65 of 74
October 12, 2010
Page 40 of 74
-25- December 14,2010
development director shall again determine whether the application is complete.
Page35of43
upp. 1140 (E.D. Tenn. 1995);
Page 9 of 43
o not adequately protect the health, safety, and general welfare of
Page 6 of 43
' cases of congenital syphilis, were reported for Los Angeles County residents, while the
2010 Communicable Diseases Report reported 355 cases of hepatitis B were reported
Page 2 of 43
continued redevelopment of the Project Area is necessary to effectuate
the public purposes declared in the CRL. This finding is based on the
following facts, as more particularly set forth in the Report to City Council
on the Amendment No. 6:
a. The Project Area continues to suffer from a combination of physical
and economic blighting conditions, including, among others: a lack
of necessary commercial facilities, inadequate public
improvements, obsolete design or construction, and buildings in
which it is unsafe or unhealthy for persons to live or work due to
deterioration and dilapidation, and neighborhoods of higher crime
rates.
b. The estimated costs of the redevelopment actions needed to aid in
the elimination and correction of the remaining blighting conditions
in the Project Area far exceed the tax increment limit of the existing
Redevelopment Plan.
c. Other available governmental actions and resources are insufficient
to address all of the remaining blighting conditions and the costs
and risks to individual owners and developers are too great.
3. The plan effectiveness dates for both the Original and Added Areas are
hereby amended to those allowed by CRL Sections 33333.6:
a. Original Area - September 27, 2022
b. Added Area - July 14, 2024
CRL Section 33333.6 also allows redevelopment agencies to collect tax
increment revenue for ten additional years beyond the effectiveness of a
redevelopment plan. With the extensions to the Plan effectiveness
described above, Amendment No. 6 hereby amends and establishes the
following dates as the time limits to collect tax increment revenue:
c. Original Area— September 27, 2032
d. Added Areas - , July 14, 2034
4. Amendment No. 6 will provide for the continued redevelopment of the
Project Area in conformity with the CRL and in the interests of the public
peace, health, safety and welfare. This finding is based upon the fact that
the purposes of the CRL will be attained by implementing the Amended
and Restated Redevelopment Plan to eliminate and correct the remaining
conditions of blight in the Project Area and prevent their reoccurrence
through the implementation of the Agency's on-going projects and
programs in conjunction with the programs and projects of other private
and public entities.
5
4
s and a mitigation monitoring program therefor have been
adopted and mitigation measures incorporated to avoid or substantially lessen
such effects; and
3
ay zoning designation".
SECTION 5. The Zoning Map is hereby amended to add the Floodplain Overlay
District and Agricultural Overlay District to the property shown on Exhibit 1 and attached
hereto.
SECTON 6. Chapter 18.77 entitled "Transitional Residential Uses and Structures" is
Page 2 of 5
bond meeting the requirements set forth
in the Subdivision Map Act shall be filed. In determining the amount of the bond, the
October 12, 2010
Page 72 of 74
that this provision is met to the satisfaction
October 12, 2010
Page70of74
al to the difference between the
amount it would have cost the subdivider to install such improvements to serve
the subdivision only and the actual cost of such improvements.
October 12, 2010
Page 65 of 74
October 12, 2010
Page 40 of 74
-25- December 14,2010
development director shall again determine whether the application is complete.
Page35of43
upp. 1140 (E.D. Tenn. 1995);
Page 9 of 43
o not adequately protect the health, safety, and general welfare of
Page 6 of 43
' cases of congenital syphilis, were reported for Los Angeles County residents, while the
2010 Communicable Diseases Report reported 355 cases of hepatitis B were reported
Page 2 of 43
5. The adoption and carrying out of the Amended and Restated
Redevelopment Plan is economically sound and feasible. This finding is
based on the facts, as more particularly set forth in the Report to City
Council: that under the Amended and Restated Redevelopment Plan, as
amended by Amendment No. 6, the Agency will continue to be authorized
and seek and utilize a variety of potential financing resources, including
property tax increment revenues; that the nature and timing of public
redevelopment assistance within the Project Area will continue to depend
upon the amount and availability of such financing resources, including tax
increment generated by the Project Area; and that the proposed method of
financing included within the Report to the City Council demonstrates that
sufficient financial resources will be available to carry out the
implementation of the Amended and Restated Redevelopment Plan.
6. Amendment No. 6 is consistent with the General Plan of the City of Grand
Terrace, including, but not limited to, the housing element, which
substantially complies with state housing law. This finding is based upon
the finding of the Planning Commission that Amendment No. 6 is
consistent with the General Plan of the City of Grand Terrace.
7. The carrying out of Amendment No. 6 would promote the public peace,
health, safety and welfare of the City of Grand Terrace and will effectuate
the purposes and the policy of the CRL. This finding is based upon the
fact that Amendment No. 6 will provide the Agency with the financial and
administrative resources to fund programs and projects that will correct
conditions of blight, coordinate public and private actions to stimulate
development and improve the economic and physical conditions of the
Project Area, and increase employment and affordable housing
opportunities within the City.
8. The Agency has a feasible method 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 on the fact that
the Amended and Restated Redevelopment Plan provides for relocation
assistance according to law. Amendment No. 6 rescinds the Agency's
eminent domain authority in the Project Area, previously set to expire on
August 22, 2011.
a. 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 displaced from the
Project Area, 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.
6
Page 2 of 5
bond meeting the requirements set forth
in the Subdivision Map Act shall be filed. In determining the amount of the bond, the
October 12, 2010
Page 72 of 74
that this provision is met to the satisfaction
October 12, 2010
Page70of74
al to the difference between the
amount it would have cost the subdivider to install such improvements to serve
the subdivision only and the actual cost of such improvements.
October 12, 2010
Page 65 of 74
October 12, 2010
Page 40 of 74
-25- December 14,2010
development director shall again determine whether the application is complete.
Page35of43
upp. 1140 (E.D. Tenn. 1995);
Page 9 of 43
o not adequately protect the health, safety, and general welfare of
Page 6 of 43
' cases of congenital syphilis, were reported for Los Angeles County residents, while the
2010 Communicable Diseases Report reported 355 cases of hepatitis B were reported
Page 2 of 43
b. No person or family will be required to move from any dwelling unit
until suitable replacement housing is available. Families and
persons shall not be displaced prior to the adoption of a relocation
plan, 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.
9. The elimination of remaining blight and the redevelopment of the Project
Area could not reasonably be expected to be accomplished by private
enterprise acting alone, or by governmental action, or both, without the aid
and assistance of the Agency. This finding is based upon the facts, as
more particularly set forth in the Report to the City Council on Amendment
No. 6, that because of significant risks associated with development of
blighted areas, individual property owners and developers are unable and
unwilling to,invest or locate in the Project Area without public assistance
and that funds of other potentially available public sources and programs
are insufficient to eliminate the blighting conditions.
10.The increase in the tax increment limit contained in Amendment No. 6 is
reasonably related to the proposed projects and programs to be
implemented in the Project Area and the ability of the Agency to eliminate
significant remaining blighting conditions within the Project Area. This
finding is based upon the facts, as more particularly set forth in the Report
to the City Council on Amendment No. 6, that redevelopment actions
needed to aid in the elimination and correction of the remaining blighting
conditions in the Project Area are extensive and the increase in the tax
increment limit was based on the estimated costs, including financing and
related costs, of those necessary redevelopment actions.
11.The implementation of Amendment No. 6 will improve or alleviate the
physical and economic conditions of blight in the Project Area, as
described in the Report to the City Council on Amendment No. 6. This
finding is based upon the facts, as more particularly set forth in the Report
to the City Council on Amendment No. 6, that redevelopment projects and
programs to be undertaken as a result of Amendment No. 6 are expected
to result in attracting necessary commercial facilities to the Project Area,
correct inadequate public,improvements that have impeded development
opportunities, assist in the removal of obsolete structures, rehabilitate
deteriorated and dilapidated structures and address high crime rates.
12.The findings set forth in paragraphs (9), (10) and (12) of subdivision (d) of
Section 33367 of the CRL are not applicable to the approval and adoption
of Amendment No. 6 because Amendment No. 6 does not make any
changes to the size and shape of the Project Area and, consequently, as
7
of 5
bond meeting the requirements set forth
in the Subdivision Map Act shall be filed. In determining the amount of the bond, the
October 12, 2010
Page 72 of 74
that this provision is met to the satisfaction
October 12, 2010
Page70of74
al to the difference between the
amount it would have cost the subdivider to install such improvements to serve
the subdivision only and the actual cost of such improvements.
October 12, 2010
Page 65 of 74
October 12, 2010
Page 40 of 74
-25- December 14,2010
development director shall again determine whether the application is complete.
Page35of43
upp. 1140 (E.D. Tenn. 1995);
Page 9 of 43
o not adequately protect the health, safety, and general welfare of
Page 6 of 43
' cases of congenital syphilis, were reported for Los Angeles County residents, while the
2010 Communicable Diseases Report reported 355 cases of hepatitis B were reported
Page 2 of 43
provided in Section 33457.1 of the CRL, no findings with respect to such
matters are warranted or required.
ATTEST:
City Clerk of the City of Mayor the City of Grand Terrace
Grand Terrace and of the and o the City Council thereof
City Council thereof
I, BRENDA MESA, City Clerk of the City of Grand Terrace, California, do hereby.
certify that the foregoing Ordinance was introduced and adopted at a regular
meeting of the City Council of the City of Grand Terrace held on
May 11 , 2010 by the following vote:
AYES: Councilmembers Cortes and Stanckiewitz; Mayor Pro Tem Garcia
and Mayor Ferre
NOES: None
ABSENT: None
ABSTAIN: None
Brenda Mesa, City Clerk
Approved as to rm.
John R. Harper, Attorney
8
-1- December 14,2010
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Page 10 of 11