HomeMy WebLinkAboutMINUTES - 12211989 - 2.7 �
RECORDED AT THE REQUEST OF
AND WHEN RECORDED MAIL 'TO:
Contra Costa County Redevelopment Agency
651 Pine Street, 4th Floor
Martinez, CA 94553
Ordinance No. 89-89
AN ORDINANCE OF THE BOARD OF SUPERVISORS OF CONTRA
COSTA COUNTY STATE OF CALIFORNIA, ADOPTING A
REDEVELOPMENT PLAN FOR THE OAKLEY REDEVELOPMENT
PROJECT PURSUANT TO THE COMMUNITY REDEVELOPMENT LAW
OF THE STATE OF CALIFORNIA
Section I . Preliminary Statement
The Contra Costa County Redevelopment Agency (herein
referred to as "Agency") has made studies of the location,
physical condition of structures, environmental influences,
land use, and social, economic and cultural conditions of that
certain area known as the Oakley Redevelopment Project Area,
more particularly described on the attached Exhibit A and
hereinafter referred to as the "Project Area" , and has
determined that the Project Area is a blighted area and is
detrimental to the safety, health, and welfare of the users
thereof and of the County of Contra Costa at large because of:
a. Economic dislocation, deterioration or disuse
resulting. from blighting physical, social , and economic
conditions.
b. The ineffective, uneconomic and unproductive use of
land due to the existence of lots of inappropriate size,
configuration or placement and inappropriate access to
vehicular traffic, and utilities necessary to allow private
development. '
C. The continuing problem of poor traffic and
circulation patterns .
d. The existence .,of inadequate infrastructure, public
improvements, public facilities, neighborhood open spaces and
utilities which cannot be remedied by private or governmental
action without redevelopment.
e. The existence of residential and commercial
structures characterized by age, obsolescence, deterioration,
dilapidation, vacancy of buildings and mixed and shifting uses .
f. The existence of excessive vacant land on which
structures were_ previously located, abandoned and vacant
buildings, substandard structures, vacancies, and
delinquencies in payment of real property taxes .
g. The existence of inadequate drainage facilities
resulting in localiz'ed flooding. ,
i
h. The existence of abandoned and/or deteriorated
buildings due to lack of maintenance and upkeep.
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 Redevelopment Plan (the "Plan" ) for the
Project (the "Project" ) . The Plan consists of thirty-one (31)
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pages, two (2) maps, and one (1) exhibit and is incorporated
in this Ordinance by this reference. A copy of the Plan is on
file with the Clerk of the Board.
The East County Regional 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 December 11 , 1989
recommending approval and adoption of the Plan and has
certified that the Plan conforms to the General Plan for the
County.
The 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 Plan
pursuant to Health and Safety Code Section 33352 .
The Agency has prepared and submitted to the Board of
Supervisors a program for the relocation of individuals and
families that may be displaced as a result of implementing the
Plan.
The Board of Supervisors is cognizant of the conditions
that are imposed in the undertaking and implementation of
redevelopment projects 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 ( "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 "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 December 11 , 1989 recommending
certification of the EIR.
By concurrent resolution 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 Plan; and that the Board of Supervisors
and the Agency have reviewed and considered the information
contained in the EIR prior to approving the Project and the
Plan. The concurrent resolution also identifies the
significant effects of the Project and the Plan, adopts
mitigation measures, and monitoring programs therefor, and
makes certain findings and statements in compliance with
Sections 15091 , 15092, and 15093 of the State EIR Guidelines .
.Prior to adoption of the 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.
At or prior to the joint public hearing on the Plan, the
Board and Agency received certain written objections to the
Plan. Prior to the introduction of this Ordinance, by Board
Resolution No. 89 811, dated December 21 , 1989, and pursuant to
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Health & Safety Code Section 33363, the Board prepared its
responses and findings (the "Findings") in writing to all
written objections it received in connection with
consideration of adoption of the Plan.
Section II . Findings & Determinations
Based upon the evidence contained in the Report on the
Plan, the EIR, the findings, and other documents prepared in
the Plan adoption process and on evidence presented at the
public hearing, it is hereby found and determined that:
a. The Project Area is a blighted area, the
redevelopment of which is necessary to effectuate the public
purposes declared in, and it qualifies as an eligible area
under, the Redevelopment Law (see particularly Part II of the
Report on the Plan regarding evidence with respect to this
finding) .
b. The Plan conforms to the General Plan of the County
of Contra Costa (see particularly Part VI of the Report on the
Plan regarding evidence with respect to this finding) .
C. The Plan would redevelop 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 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
(see particularly Parts I and II of the Report on the Plan
regarding evidence with respect to this finding.
d. The adoption and implementation of the Plan is
economically sound and feasible (see particularly Part III of
the Report on the Plan regarding evidence with respect to this
finding) . I
e. The Plan will afford maximum opportunity, consistent
with the sound needs of the Contra Costa County, as a whole,
for the redevelopment of the Project Area by private
enterprise (see particularly Parts I and II of the Report on
the Plan and the Agency's adopted Rules for Owner
Participation and Business Tenant Preference regarding
evidence with respect to this finding) .
f. The Plan and the program for the proper relocation of
individuals and families, if any, displaced in carrying out
the Plan in decent, safe, and sanitary dwellings in conformity
with acceptable standards (as set forth in Part IV of the
Report on the Plan) are feasible and can be reasonably and
timely effected to permit the proper prosecution and
completion of the Plan; and such dwellings or dwelling units
available or to be made available to such displaced
individuals and families are at least equal in number to the
number of displaced individuals and families, are not
generally less desirable in regard to public utilities and
public and commercial facilities than the dwellings of the
displaced individuals and families in the Project Area, are
available at rents or prices within the financial means of the
displaced individuals and families, and are reasonably
accessible to their places of employment (see particularly
Parts II , IV, and XII of the Report on the Plan, and the
Agency' s Adopted Relocation Guidelines regarding evidence with
respect to this finding) .
g. The Board of Supervisors is satisfied that permanent
housing facilities will be available within three years from
the time occupants of the Project Area, if any, are displaced
and that pending the development of such facilities there will
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be available to such displaced occupants housing facilities at
rents comparable to those in the community at the time of
their displacement (see particularly Parts II , IV and XII of
the Report on the Plan regarding evidence with respect to
this finding) .
h. The Project Area contains property suitable for low
and moderate-income housing (see particularly Part II of the
Report on the Plan regarding evidence with respect to this
finding) .
i . The Project Area includes approximately 964 acres,
and there are no noncontiguous areas contained in the Project
Area (see particularly Part II of the Report on the Plan
regarding evidence with respect to this finding) .
j . The inclusion of any lands, buildings, or
improvements which are not detrimental to the public health,
safety, or welfare are necessary for the effective
redevelopment of the Project Area of which they are a part and
are 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 their
inclusion (see particularly Parts I and II of the Report on
the Plan regarding evidence with respect to this finding) .
k. In order to implement and facilitate the effectuation
of the 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 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 in a manner consistent with
the Plan; (iii) stands ready to consider and take appropriate
action upon proposals and measures designed to effectuate the
Plan; and (iv) intends to undertake and complete any
proceedings necessary to be implemented by the community under
the provisions of the Plan.
1 . The elimination 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 (see particularly the
Introduction and Parts II and III of the Report on the Plan
regarding evidence with respect to this finding) .
M. The condemnation of real property, if any, is
necessary to the execution of the Plan and adequate provisions
have been made for payment of property to be acquired as
provided by law (see particularly Part II of the Report on the
Plan regarding evidence with respect to this finding) .
n. The Agency and the City have agreed to enter into
certain fiscal agreements with affected taxing agencies
pursuant to Health and Safety 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 Plan. The effect of tax increment financing, as
mitigated by the Fiscal Agreements and other fiscal mitigation
measures set forth in the Report on the Plan, will not cause
significant financial burden on or detriment to any taxing
agency deriving revenues from the tax increment Project Area
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•
(see particularly Parts III , IX, X, and XI of the Report on
the Plan regarding evidence with respect to this finding) .
o. The development of the public improvements set forth
in the Plan are of benefit to the Project Area and to the
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 Plan, as permitted by
Health and Safety Code Section 33445 (see particularly the
Introduction and Parts II , III , and VI of the Report on the
Plan regarding evidence with respect to this finding) . All
written and oral objections to the Plan are hereby overruled.
In accordance with Health & Safety Code Section 33363, the
reasons for overruling all written objections are more fully
set forth in the Findings.
Section III . Overruling of Objections .
All written and oral objections to the Plan are hereby
overruled. In accordance with Health & Safety Code Section
33363, the reasons for overruling all written objections are
more fully set forth in the Findings .
Section .IV. Approval of Plan.
The 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 Plan with the
minutes of this meeting. The 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 Plan is
hereby designated as an official Redevelopment Plan for the
Project Area. It is the purpose and intent of this Board that
the 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 Plan.
Section V. Effective Date.
This ordinance shall take effect thirty (30) days from
the date of its passage and adoption, this Ordinance shall be
published once in the Antioch Ledger, a newspaper of general
circulation published and printed in Contra Costa County,
. within 15 days of its adoption.
Passed on December 21 , 1989 by the following vote:
AYES: Supervisors Fanden, Schroder, McPeak and Torlakson
NOES: None
ABSTAIN: None
ABSENT: Supervisor Powers
BOARD CHAIR
(seal)
ATTESTED: PHIL BATCHELOR, CLERK
OF THE BOARD OF SUPERVISORS AND
COUNTY ADMINISTRATOR
0
By: — . ) ,I �1 0 . , -
Dep 6t6yela-p
12/21/89 -5-
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Boundary Description
A portion of Sections 22 thru 27 and 36, T2N, R2E, and a portion of
Sections 30 & 31, T2N, R3E, Mount Diablo Base and Meridian, situated in the
unincorporated area of Contra Costa County, California and described as
follows:
Reference to maps, documents, boundary lines, and ownerships are to Official
Records of said County.
Beginning at southwest corner of Section 22, T2N, R2E at the centerline
intersection of Oakley Road and Neroly Road; thence along the west line of
Section 22, northerly 3,100 feet, more or less, to the westerly prolongation
of the north line of Maurice and Geneva Lodge parcel recorded February 14,
1984 in Volume 11654 at page 20; theme along said prolongation, north
89 24' east 30 feet, to the northwest corner of said Lodge parcel. (11654
O.R. 20) ; thence along the boundary of said Lodge parcel, north 89024' east
625 feet and south 00013' west 430 feet, to the north line of State Highway;
thence along said north line, easterly 4,300 feet, more or less, to the
northeasterly line of Atchison Topeka and Santa Fe Railroad Company right of
way; thence along said northeasterly line in a general southeasterly
direction 12,300 feet, more or less, to the west line of Marsh Creek right
of way described in PARCEL 1 to Contra Costa County Flood Control and Water
Conservation District recorded December 31, 1965 in Volume 5012 at page 341;
thence along the west line of Marsh Creek right of way (as described in
Volume 5012 at page 341 and continued in Volume 4678 at page 485) in a
general southerly direction 2,000 feet, more or less, to the south line of
PARCEL "D" filed May 27, 1965 in Licensed Surveyor's Map Book 34 at page 40;
thence along said south line, south 89054' west 481.58 feet, to the east
line of Almond Avenue; thence along said east line in a general southerly
direction 3,400 feet, more or less, to the south line of Gilda Mae Nunnally
parcel recorded March 24, 1960 in Volume 3583 at page 254; thence along said
south line, east 1,292.49 feet, to the west line of Subdivision MS 18-81
filed January 12, 1982 in Parcel Map Book 99, at page 21; thence along said
west line, South 00042105" west 670.87 feet, to the northwest corner of
Subdivision MS 63-77 filed August 1, 1978 in Parcel Map Book 68 at page 25;
thence along the boundary of MS 63-77, south 00046111" west 652.57 feet and
south 89029123" east 1,322.24 feet, to the northeast corner of PARCEL "C"
filed May 31, 1966 in Licensed Surveyor's Map Book 42 at page 43; thence
along the boundary of PARCEL "C", south 00012' west 505.62 feet and west
228.82 feet; thence along the boundary of PARCEL "B" (42 ISM 43) , West 215.7
feet and. north 00028130" east 9.85 feet, to the northeast corner of Sub-
division MS 101-70 filed April 21, 1971 in Parcel Map Book 16 at page 20;
thence along the north line of MS 101-70, south 89023145" west 2,171.08
feet, to the east line of Almond Avenue; thence crossing Almond Avenue,
westerly 53 feet, more or less, to the southeast corner of Lawrence and
Lillian P. Smith parcel recorded August 7, 1967 in Volume 5426 at page 159;
thence along the south line of said Smith parcel and along the prolongation
thereof, west 1,565.6 feet, to the southwest corner of Melvin H. and Bobbie
Jo Treat parcel recorded March 29, 1963 in volume 4333 at page 652; thence
v
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along the west line of said Treat parcel and along the prolongation thereof,
north 512.64 feet, to the northwest corner of subdivision MS 14-85 filed
October 21, 1985 in Parcel Map Book 119 at page 8; thence along the north
line of MS 14-85 and along the prolongation thereof, south 89028122" east
1,558 feet, to the west line of Almond Avenue; thence along said west line
in a general northerly direction 5,000 feet, more or less, to the south line
of PARCEL "A" Tract 6356 filed September 14, 1983 in Map Book 273 at page 3;
thence along the south line and west line of said PARCEL "A", westerly and
northerly a total of 1,624.61 feet, to the south line of West Cypress Road;
thence along said south line in a general westerly direction 6,000 feet,
more or less, to the southerly prolongation of the west line of Tract 2238
filed Match 29, 1961 in Map Book 82 at page 3; thence along said prolonga-
tion and west line, north 00053145" east 165 feet, to the north line of
Tract 2238; thence along said north line and along the prolongation thereof,
south 89014155" east 1,047.81 feet, to the northeast corner of Lenny T. and
Joanne L. Byer parcel recorded February 8, 1966 in Volume 5053 at page 81;
thence along the prolongation of the east line of said Byer parcel, north
264.96 feet, to the south line of Tract 3853 filed June 30, 1969 in Map Book
126 at page 48; thence along said south line, north 89014130" west 30 feet,
more or less, to the most southeasterly corner of Tract 6865 filed November
17, 1987 in Map book 318 at page 10; thence along the boundary of Tract
6865, north 00053157" east 253.74 feet, north 89007102" west 482.25 feet,
north 00053157" east 1,446.97 feet, south 89007102" east 482.25 feet, north
00053157" east 156 feet, north 89007102" west 723.76 feet, and south
00052158" west 1,858.32 feet, to the southwest corner of Tract 6865, being
also the southeast corner of Albert Rcmiti parcel recorded July 29, 1987 in
Volume 13804 at page 66; thence north 89014144" west 282.61 feet to the
southwest corner of said Rcmiti parcel; thence along the west line thereof
and its prolongation, north 00052115" east 979.92 feet, to the south line of
Daniel D. and Bonnie V. Mr-_Tain parcel recorded April 16, 1965 in Volume 4848
at page 393; thence along said south line, west 16.5 feet, to the east line
of Tract 5500 filed November 12, 1980 in Map Book 247 at page 28;. thence
along said east line, north 00053138" east 951.71 feet, to the southeast
corner of Lot 85 (247 M 28) ; thence along the boundary of Lot 85, north
89006122" west 200.01 feet and north 00053126" east 100 feet, to the south
line of lot 83 (247 M 28) ; thence north 89006134" west 60 feet to the south-
east corner of PARCEL "A" (247 M 28) ; thence south 78000143" west 325 feet,
more or less, to the southwest corner of Int 77 (247 M 28) ; thence crossing
Gardenia Avenue, westerly 65 feet, more or less, to the northeast .corner of
Lot 76 (247 M 28) ; thence north 89007141" west 353.34 feet to the northwest
corner of Lot 71 (247 M 28) being a point on the east line of Tract 6055
filed September 6, 1981 in Map Book 257 at page 38; thence along the
boundary of Tract 6055, north 00052110" east 29.55 feet, north 89007106"
west 100 feet, north 00052110" east 201 feet, north 89007106" west 403.6
feet, and south 00053151" west 200 feet, to the northeast corner of Tract
3932 filed June 26, 1972 in Map book 147 at page 38; thence along the north
line of Tract 3932, north 89009135" west 170 feet, to the southeast corner
of Tract 4766 filed June 17, 1981 in Map Book 253 at page 39; thence along
the boundary of Tract 4766, north 00050106" east 199.13 feet, north
2
1
DA 'Y DESCI2IIfiICK
88058139" west 169.76 feet, southwesterly 31.46 feet along the arc of a
curve concave to the southeast with a radius of 20 feet, and south 00053110"
west 179.68 feet, to the southwest corner of Tract 4766; thence crossing
Teakwood Drive, north 89009135" west 60 feet, to the northeast corner of Lot
1, Tract 3932; thence along the boundary of Tract 3932, North 89009135" west
200 feet, and north 00053110" east 5 feet, north 89009135" west 200 feet,
and south 00053110" west 648.52 feet, to northeast corner of Tract 6010
filed January 10, 1983 in Map Book 267 at page 50; thence along the north
line of Tract 6010, north 89003158" west 479.12 feet, to the northeast
corner of Tract 4617 filed August 31, 1977 in Map Book 202 at page 9; thence
along the north line of Tract 4617, north 89003158" west 154.96 feet, south
60026156" west 136.34 feet, and south 86014126" west 530.77 feet, to the
east line of Empire Avenue; thence south 86014126" west 56 feet, more or
less, to the west line of Empire Avenue; thence along said west line, north
1,000 feet, more or less, to the south line of Oakley Read; thence along
said south line, west 5,255 feet, more or less, to the centerline of Neroly
Road on the west line of Section 27, T2N, ME; thence along said west line,
northerly 30 feet, to the southwest corner of Section 22, the Point of
Beginning.
EXCIDDING I:
Tract 4454 (Eagle Park No. 1) filed in map book 195 at page 47; Tract 5674
(Walnut Estates) filed in Map book 251 at page 4, and all except Lot 134 of
Tract 6634 (Oakley Ranch) filed in Map Book 306 at page 23.
Containing 916 acres of land, more or less.
IH:drg
wo5561.legal
December 22, 1989
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