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HomeMy WebLinkAboutORDINANCES - 07191988 - 88-54 rt,Id y ORDINANCE NO. 88-54 Zoning Land Land in the Pleasant Hill/Bartd Area) The Contra Costa County Board of Supervisors ordains as follows: SECTION I: Page L-14 of the County's 1978 Zoning Map (Ord. No. 78-93) is amended by re-zoning the land in the above area shown shaded on the map(s) attached hereto and incorporated herein (see also Community Development Department File No. 274 3-RZ ) FROM: Land Use District R-10 ( Single Family Residential ) TO: Land Use District P-1 ( Planned Unit Development ) and the Community Development Director shall change the Zoning Map accordingly, pursuant to Ordinance Code Sec. 84.2.003. ; COGINS DR .�� till Oa it r . . c• ' '...6-17 SECTION II. EFFECTIVE DATE. This ordinance becomes 'effective 30 days after passage, and within 15 days of passage shall be published once with. the names of supervisors voting for and against it in the CONTRA COSTA TIMES , a newspaper published in this County. PASSED on July 19, 1988 by the following vote: Supervisor Aye No Absent Abstain 1. T. M. Powers ( ) ( ) (X) ( ) 2. N. C. Fanden (X ) 3. R. I. Schroder (X ) ( ) ( I ) 4. S. W. McPeak (X ) ( ) ( ) 5. T. Torlakson (X } ( ) ATTEST: Phil Batchelor, County Administrator and Cl rk of Board: of Supervisors Chairman of the Board By ° , Dep. (SEAL) ORDINANCE NO. 88-54 2743-RZ Urban T. 1 OPnTNANCE NO. 88- 58 AN ORDINANCE OF THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA, ADOPTING AN AMENDED AND RESTATED REDEVELOPMENT PLAN F.OR THE PLEASANT HILL BART STATION AREA REDEVELOPMENT PROJECT PURSUANT TO THE COMMUNITY REDEVELOPMENT LAW OF THE STATE OF CALIFORNIA Section I . Preliminary Statement : The Contra Costa County Board of Supervisors ,•(the "Board" ) adopted the Pleasant Hill BART Station Area Redevelopment Plan (the "Initial Plan") by Ordinance No. . . 84-30 , adopted July 10 , 1984 . The Initial Plan pr'ovided. for the redevelopment of the Pleasant Hill BART Station Area Redevelopment Area (the "Initial Project Area") , as more particularly described in the Initial Plan. The Board and the Contra Costa County Redevelopment Agency (the "Agency") have determined that certain amendments to the Initial Plan (the "Plan Amendments") are necessary for the effective redevelopment of the Initial Project Area and certain other land adjacent to the Initial Project Area more particularly described in Exhibit A attached hereto and incorporated herein (the "Amendment Area") . The Plan Amendments, in part, will operate to include the Amendment Area in the Pleasant Hill BART Station Area Redevelopment Project (the "Project") . The Initial Project Area and the Amendment Area are hereinafter collectively referred to as the "Project Area`. " The Agency. and the Board have determined that the Plan Amendments are necessary to allow the development of high density multifamily housing in the Project Area, including housing for low and moderate income households. The Plan Amendments allow for the effective redevelopment of the Project Area as follows : a. The Plan Amendments will allow and promote the development of housing .in the Project Are',a, including housing which is affordable to low and moderate income households, in, furtherance of County policies of balanced growth and statewide housing production goals as articulated in the Community Redevelopment Law. b. The Plan Amendments will add land to the Project Area which is designated for high density multifamily housing development. The Amendment Area is the closest feasible location for a sizable housing development near the Initial Project Area; and will be served by public improvements and infrastructure constructed and planned to be constructed' in the Existing. Project Area. c. The Plan Amendments will provide a mechanism to enable the assembly of land in the Amendment Area into parcels suitable for high density multifamily development. d. The Plan Amendments will provide a mechanism to provide the financial assistance necessary to make a Ordinance No. 88-58 significant portion of the proposed new housing affordable to low and moderate income households. e. The Plan Amendments will allow Agency involvement in the redevelopment of the Amendment Aria, ensuring that development is of high quality an sufficient density to both maximize utilization of BART and serve the rapidly expanding employment opportunities in the Initial Project Area. f. By enabling and promoting the development of high density multifamily hous'_ng in the Projec' 'rea, the Pian Iunendments will assist in the achievement of a balance of jobs and housing in the Project Area. Pursuant to the California Community Redevelopment Law, Health and Safety Code Section 33000 et . seq. (hereinafter referred to as the "Redevelopment Law") , the Agency has prepared and submitted to the Board of Supervisors for review and adoption the Amended and Restated Redevelopment Plan (the "Amended Plan") for the Project (the "Project") , which Amended Plan includes the Plan Amendments. The Amended Plan consists of thirty-two (32) ' pages, one (1) map, and one (1 ) exhibit and is incorporated in this Ordinance by this reference. A copy of the Amended Plan is on file with the Clerk of the Board. The Contra 'Costa County Planning Commission, which is the duly designated and acting official planning body of Contra Costa County, has submitted to the Board of Supervisors its report and recommendation dated June 28 , 1988 , recommending approval and adoption of the Amended Plan and has certified that the Amended Plan conforms to the General Plan for the County and the Specific Plan for the Pleasant Hill BART Station Area , as they are proposed to be amended prior to the adoption of this Ordinance. The Board of Supervisors accepted the recommendations and certification of the Planning Commission. The Amended Plan for the Project Area prescribes certain land uses for the Area and may require, among other things , changes in zoning, the vacating and removal of streets of record and other public rights of way, and the establishment of new street patterns , the location of sewers, water mains, lighting and utility lines and other public facilities. The Agency has prepared and submitted and the Board of Supervisors has reviewed and considered the Report on the Amended Plan prepared pursuant to Health and Safety Code Sections 33457. 1 and 33352 (the "Report on the Amended Plan") . The Agency has prepared and submitted to the Board of Supervisors a program for the relocation of individuals and families that may be displaced from the Amendment Area as a result of implementing the Amended Plan. The Board of Supervisors is cognizant of the conditions that are imposed in the undertaking and implementation of a redevelopment project under State law, including those prohibiting discrimination because of race, color, creed , religion, sex, marital status, national origin, or ancestry. The Agency has prepared and submitted to the Board of Supervisors for review and certification an Environmental Impact Report Supplement ("EIR") prepared pursuant to the California Environmental Quality Act of 1970 as amended ("CEQA") , the Official State. Guidelines as amended for the implementation of the Act (the "State EIR Guidelines") , and the Contra Costa County Guidelines for Administering CEQA (the -2- Ordinance No. 88-58 C "County Guidelines" ) . A copy of the EIR is on• file with the Clerk of the Board. The Planning Commission has submitted to the Board and Agency a resolution dated June 28, 1988 recommending certification of the EIR. 'By resolutions adopted prior to the adoption of this Ordinance , the Board of Supervisors and Agency have certified . that the EIR has been completed in compliance with CEQA, the State EIR Guidelines, and the County Guidelines; that the EIR adequately addresses the environmental issues of the Project and the. Amended Plan; and the the Board of Supervisors and the Agency have reviewed and considered the information ccn,tained in the EIR prior to approving the Project and the Amended Plan. The concurrent resolution also identifies the significant environmental effects of the - Project and the Amended Plan , adopts mitigation measures, and makes certain findings and statements in compliance with Sections 15091 , 15092, and 15093 of the State EIR Guidelines. Prior to adoption of the Amended Plan, the Board of Supervisors and the Agency have conducted a joint public hearing which was duly noticed in accordance with . the requirements of the Redevelopment Law. Section II . Findings and Determination The Amended Plan amends .the, Initial Plan by adding the Amendment Area to the Existing Project Area, adjusting fiscal limits included within the Initial Plan, and making certain other technical changes. Pursuant to Health and Safety Code Section 33457. 1 , the ordinance adopting this amendment to the Initial Plan shall contain the findings required by Health and Safety Code Section 33367 to the extent warranted by the proposed amendment. Board- of Supervisors Ordinance 84-30 , adopted July 10, 1984 made the findings required by Section 33367 with respect to the Initial Project Area. Therefore, the Findings and Determinationsset forth below are made with respect to to Amendment Area and the Plan Amendments . Based upon the evidence contained in the Report on the Amended Plan, the EIR, and other documents prepared in the Amended Plan adoption process and on evidence presented at the public hearing, it is hereby found and determined that: a . The inclusion of the Amendment Area lands, buildings, and improvements in, the Project Area is necessary for the effective redevelopment of the Proje.ct 'Area and the Amendment Area is not included for the purpose of obtaining the allocation of tax increment revenues from such area pursuant to Section 33670 without other substantial justification for its inclusion. b. The Amended Plan conforms to the General Plan of Contra Costa County. c. The Amended Plan wouldredevelop the Amendment Area and the Project Area in conformity with the Redevelopment Law and would be in the interest of the public peace, health, safety, and welfare; and the implementation of the Amended Plan would promote the public peace, health, safety and welfare_ of Contra Costa County, and would effectuate the purposes and policy of the Redevelopment Law. d. The adoption and implementation of the Amended Plan is economically sound and feasible . e. The Amended Plan. will afford maximum opportunity, consistent with the sound needsof Contra Costa County, as a -3- Ordinance No. 88-58 r' whole, for the redevelopment .of the Project Area by private enterprise. f. The Agency has a feasible method or plan ' for the relocation of families and persons which may be displaced from the Amendment Area if the Amended Plan may result 'in the temporary or permanent displacement of any occupants of housing facilities in the Amendment Area. g. There are, or are being provided, in the ,Amendment Area or in other areas not generally less desirable in regard to public utilit?es and run is and commercial facilities and at rents or prices within the financial means of the families and persons who may be displaced from the Amendment 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. h. The Board of Supervisors is satisfied that permanent housing facilities will be available within three years from the time occupants of the Amendment Area, if .any, . are displaced and that pending the development of such facilities , these will be available to such displaced occupants housing facilities at rents comparable to those in the community at the time of their displacement. i. The Project Area, including the Amendment Area, contains property suitable for low and moderate-income housing . j . The Amendment Area includes approximately 10 . 5 acres, and the entire Amendment Area is contiguous to the Initial Project Area. Therefore, the Project Area contains no noncontiguous areas K. In order to implement and facilitate the effectuation of the Amended Plan hereby approved and adopted, certain official action must be taken by this Board of Supervisors with reference, among other things , to changes or ; modifications in zoning, the vacation and removal of streets, alleys , and other public ways, the establishment of new street patterns, the location of sewer and water mains, lighting and utility lines and other public facilities and other public action, and accordingly, this Board hereby (i) pledges its cooperation in helping to implement the Amended Plan; (ii) requests the various officials, ,departments, .boards , and agencies of the County having administrative responsibilities in the Project Area likewise to ''cooperate to such- end and to exercise their respective functions and powers ina manner consistent with the Amended Plan; (iii) .stands .ready to consider' 'and take appropriate action upon proposals and measures designed to effectuate the Amended Plan;,`, and (iv) intends to undertake. and complete any proceedings necessary to be implemented by the community 'under the provisions of the Amended Plan. 1. The redevelopment of the Amendment Area could not reasonable be expected to be accomplished by private enterprise acting alone without the aid and assistance of the Agency. M. The condemnation of real property is necessary to the execution of the Amended Plan and adequate provisions have been made for payment for property to be acquired as provided by law. n. The Agency has agreed to enter into certain fiscal agreements with the Fire Protection District and the Contra Costa County Library District pursuant to Health and Safety -4- Ordinance No. 88-58 Code Section 33401(b) (the "Fiscal Agreements") . The Agency will also implement other fiscal mitigation measures as described in, Part XI of the Report on the Amended Plan. The effect of tax increment financing in the Amendment Area, as mitigated by the Fiscal Agreements and other fiscal mitigation measures set forth in the Report on the amended Plan, will not cause significant financial burden on or detriment to any taxing agency deriving revenues from the tax increment Project Area. o. The development of the public improvements set forth in the Amended Plan are of benefit, to the Project Area and to A he immediate neighborhood in which the Project is located; no other reasonable means of financing such improvements are available to the community; and, based on these findings , the Agency is. authorized to pay all or a part of the value of the land for and the cost of the installation and construction of the public improvements set forth in the Amended Plan, as permitted by Health and Safety Code Section 33445 , and as limited by the implementation guidelines for the use of redevelopment funds set forth, in the Amended Plana Section III . Overruling of Objections All written and oral objections to the Amended Plan are hereby overruled. Section IV. Approval of Amended Plan The Amended Plan for the Project Area, having been duly received and considered, is approved and adopted, and the Clerk of the Board is . hereby directed to file a copy of the Amended Plan with. the minutes of this meeting. The Amended Plan, which contains, among other elements, the statement of the purpose and intent ' of the Board of Supervisors with respect to the Project Area , is,-,incorporated in this Ordinance by reference . The Amended Plan is hereby designated as the official Redevelopment Plan for the Project Area.., It is the purpose and intent of this Board that the Amended,. Plan be implemented in the Project Area., A copy of this Ordinance shall be, transmitted to the Agency and the Agency is vested with the responsibility of implementing the Amended Plan. Section V. Effective Date This Ordinance shall take effect thirty (30) days from, the date of its passage and adoption. Before the expiration of fifteen (15) days after its passage and adoption, this Ordinance shall be published once in the Contra Costa Times, a newspaper of general circulation published and printed in Contra Costa County. Passed on July 19, 1988 by the following vote: AYES : Supervisors Fanden, McPeak, Torlakson and Schroder NOES: None ABSENT: Supervisor Powers ABSTAIN: None 4 ATTESTED: PHIL BATCHELOR, CLERK OF THE BOARD OF SUPERVISORS BOARD CHAIR AND COUNTY ADMINISTRATOR (seal) ozvo', Addo Deputy Ordinance No. 88-58 1