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HomeMy WebLinkAboutRESOLUTIONS - 01012002 - 2002-230 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY CALIFORNIA Adopted this Resolution on April 16, 2002, bythe following vote: AYES: S77MMSORS LIMCM, (EP-M, DESAULNIERs GIDM AM GIOTA NOES: ABSENT: NONE ABSTAIN: r Resolution No.2002/23o Subject: A Resolution of the Board of Supervisors of Contra Costa County authorizing a joint public hearing of the Beard of Supervisors and the Contra Costa County Redevelopment Agency Board to consider adaption of the proposed Third Amendment to the Redevelopment Plan for the Rodeo Redevelopment Project Area. The Board of Supervisors of Contra Costa County RESOLVES THAT: The Board of Supervisors of the County of Contra Costa(the "Board") has been informed by the Contra Costa County Redevelopment Agency(the "Agency")that the Third Amendment to the Redevelopment Plan for the Rodeo Redevelopment Project Area(the "Plan Amendment") and a Report on the Plan Amendment have been prepared; and The Agency has submitted copies of the Plan Amendment and Report to this Board for its review; and There is a need for a joint public hearing with the Agency to consider the Plan Amendment and Report, and to have interested groups and citizens be heard on the Plan Amendment and Report. NOW, THEREFORE, BE IT RESOLVED that the Board hereby approves the convening of a joint public hearing with the Agency on Tuesday, May 21, 2002 at 11:00 a.m., at the Board Chambers, 651 Pine Street, Room 107, Martinez, California for purposes of considering the Plan Amendment and Report on the Plan Amendment. BE IT FURTHER RESOLVED that the Clerk of the Board is hereby directed to publish,in cooperation with the Agency, the "Legal Notice-Joint Public Hearing" (the "Notice")which has been prepared by Agency staff, a copy of which is on file with the Agency Secretary and by this reference incorporated herein, not less than once a week for four successive weeks in the West County Times, a newspaper of general circulation published in Contra Costa County and circulated in the County of Contra Costa. BE IT FURTHER RESOLVED that the Board hereby directs the Clerk of the Board to cooperate with the Agency in mailing a copy of the Notice to the last known assessee of each parcel of land in the Project Area, at the assessee's last known address as shown on the last equalized roll of County of Contra Costa. BE IT FURTHER RESOLVED that the Board hereby directs the Clerk of the Board to cooperate with the Agency in mailing a copy of the Notice to the occupants of each address in the Project Area. i ;a v t 1 BE IT FURTHER RESOLVED that the Board hereby directs the Clerk of the Board to cooperate with the Agency in mailing a copy of the Notice to the governing body of each of the taxing agencies which levies taxes upon any property in the Project Area designated in the Plan Amendment. I hereby certity that this Is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shows: ATTESTED: (date) JOHN SWEETEN, Clerk of the Board of Supervisors and County Administrator BY Deputy Contact: Kristine Soiseng, (925) 335-1252 cc: Redevelopment Agency Community Development CAC) County Counsel Auditor- Controller RESOLUTION NO. 2002tz oo REPORT ON THE THIRD AMENDMENT TO THE REDEVELOPMENT PLAN FOR THE RODEO REDEVELOPMENT PROJECT AREA Contra Costa County Redevelopment Agency April 16, 2002 i 3201101158240.3 415102 INTRODUCTION Pursuant to the California Community Redevelopment Law, the following reports and analyses are submitted by the Contra Costa County Redevelopment Agency(the "Agency")to the Contra Costa County Board of Supervisors (the "Board") as the Report on the Third Amendment to the Redevelopment Plan for the Rodeo Redevelopment Project Area(the "Report"). The original Redevelopment Plan for the Rodeo Redevelopment Project Area was adopted by the Board on July 10, 1994,by Ordinance No. 90-50, was subsequently amended on December 6, 1994,by Ordinance No. 94-66, and was further amended on February 23, 1999,by Ordinance No. 99-08 (collectively,the "Plan"). A Report on the Plan was prepared for its initial adoption in 1990 (the "Original Report"). The Plan and the Original Report are incorporated herein by this reference. This Report has been prepared pursuant to the requirements of the California Community Redevelopment Law(Health and Safety Code Section 33000 et sect.). All Code Section references used in this Report are to the California Health and Safety Code unless otherwise specified. This Report has been prepared in accordance with the requirements of Code Section 33457,1,which states in relevant part, "To the extent warranted by a proposed amendment to a redevelopment plan, ... the reports and information required by Section 33352 shall be prepared and made available to the public prior to the hearing on such amendment." The purpose and reasons for the proposed Third Amendment to the Redevelopment Plan for the Rodeo Redevelopment Project Area(the"Plan Amendment")are set forth in detail in Part I of this Report. As noted in Part I, the purpose of the Plan Amendment is limited. Because of the narrow scope of the proposed amendment to be implemented through the Plan Amendment, only a few of the reports and analyses required by Health and Safety Code Section 33352 are relevant and merit discussion in this Report. The reports and analysis described in Code Section 33352(e), (g), (1), and(n)were deemed irrelevant to the proposed amendment and were therefore not included in this Report. PART I. ' DESCRIPTION AND REASONS FOR AMENDMENT The Redevelopment Plan for the Rodeo Redevelopment Project Area was adopted on July 10, 1990, and subsequently amended on December 6, 1994,and on February 23, 1999. The 1994 amendment imposed certain time limits on the Plan as required by redevelopment reform legislation enacted in 1993 (AB 1294). The February 1999 Plan Amendment extended plan time limits for the repayment of debt and the receipt of tax increment by ten years pursuant to legislation enacted in 1998 (AB 1342). At this time,the Agency is proposing for consideration by the Board of Supervisors a Third Amendment to the Redevelopment Plan for the Rodeo Redevelopment Project Area to 1 320110\156240.3 415/02 extend the deadline for commencement by the Agency of eminent domain actions for a portion of the Rodeo Redevelopment Project Area. The Plan currently grants the Agency the power of eminent domain for the entire Rodeo Redevelopment Project Area, under specified circumstances, through July 10, 2002. The proposed amendment would extend the authority to commence eminent domain actions twelve years to July 10, 2014, limited to feF land included in the Rodeo Waterfront/Downtown Specific Plan Area and the Rodeo commercial corridor along Parker Avenue/San Pablo Avenue from 40' Street to the Hercules City line,but excluding the Garretson School/Lefty Gomez Ballfield site(see map attached as Exhibit A and incorporated herein by this reference). If the Plan is ever amended to include additional land, the Agency's authority to acquire property within the added area will extend for twelve (12)years from the date the new area is added. Following the proposed amendment, all Plan and state law safeguards and requirements with respect to property acquisition and relocation benefits would continue to apply. This extension of time to exercise the power of eminent domain is necessary to enable the Agency to continue to acquire property in an orderly fashion when necessary over the coming decade, without having to make precipitous decisions that may adversely affect property owners in order to meet a premature acquisition deadline. The Agency has no current plans to acquire particular properties. It is important to note that the Agency's use of this tool would be limited and used only as a last resort toward a project of greater community benefit. The proposed Plan Amendment will not expand the Rodeo Redevelopment Project Area (the "Project Area"), change any of the financial provisions of the Plan (e.g. limits on allocation of tax increment revenue to the Agency, limits on the time to incur debt, undertake activities or collect tax increment and limits on the amount of outstanding bonded indebtedness), or modify the basic purpose of the original Plan and powers of the Agency. Thus,the proposed amendment is not of the type described in Health and Safety Code Section 33354.6, which would require observance of the procedures set forth in the Community Redevelopment Lave for the adoption of an initial redevelopment plan. The Agency and the Board of Supervisors will comply with all requirements for adoption of an amendment of a redevelopment plan as set forth in Health and Safety Code Sections 33450-33458. 320\10\158240.3 2 415/02 PART II. DESCRIPTION OF PHYSICAL, SOCIAL,AND ECONOMIC CONDITIONS EXISTING IN THE PROJECT AREA This part of a report on a new redevelopment plan typically describes the conditions of a project area, which qualify the area for redevelopment(blight analysis), including an explanation of why private enterprise acting alone cannot be expected to alleviate such blighting conditions. This analysis was completed for the Original Report prepared for initial adoption of the Plan and served as the basis for the Board of Supervisors' finding in the ordinance adopting the initial Plan, mandated by Section 33367(d)(1), that the Project Area was a blighted area,the redevelopment of which was necessary to effectuate public purposes. The basis for the blight finding was definitively established by the initial adoption of the Plan in 1990. Since 1990, the Agency has pursued an active redevelopment program in the Rodeo Redevelopment Project Area, including the development and implementation of a downtown/waterfront improvement program. The County adopted the Rodeo Waterfront/ Downtown Specific Plan in May 1997, which identified catalyst projects, including public infrastructure, community facilities and assistance to private sector activities. In 2000, the Agency facilitated a strategic planning process that brought together community residents, local businesses, Agency staff and development experts to assess the feasibility of alternative uses of the marina and the waterfront. Development of the Rodeo marina and waterfront will be a joint effort between the Agency, state and regional agencies,East Bay Regional Park District, and other private interests. In addition to the waterfront and downtown areas, the Agency has also participated in various affordable housing projects, including requiring the development of 9 residential units affordable to moderate income households in the Willow Glen project and assisting in the development of 50 units affordable to very low- and moderate-income seniors at the Rodeo Senior Housing Development. The Agency has also pursued economic development activities in the Project Area, including a fagade rehabilitation program that provided funding to 12 small businesses to improve their street frontage and participation in a Countywide marketing program focused on the unincorporated County areas with a particular emphasis on the Redevelopment Project Area. The Agency has also constructed infrastructure improvements in the Project Area to both stimulate economic development and to improve the residential area, and public improvements, including renovation improvements to the Rodeo Fire Station and the initiation of a project to underground utilities and reconstruct Parker Avenue from a former four lane highway to a pedestrian-friendly, landscaped, two-lane boulevard that can function as a main street and entryway to the community. The major focus of the Agency's redevelopment activities has been in the south end of the Project Area near the I-80 interchange,where the Agency has assisted in the development of the Willow Glen single family homes and the development of the 50 unit Rodeo Senior Housing project. Notwithstanding the redevelopment activities described above,however,the remaining portions of the Project Area remain significantly blighted and the conditions described in the 1990 Report on the Plan are largely unchanged in these areas. Part H of the Original Report, 320\10\155240.3 3 415!02 which documented the significant physical and economic blighting conditions of the Project Area, is hereby incorporated by reference into this Part H. Major portions of the Project Area continue to include significant physical blighting conditions, including dilapidated and deteriorated buildings and buildings with severe building code violations, incompatible uses, irregularly shaped and sized parcels of land, and inadequate public improvements, open space and recreation facilities. The Project Area also continues to suffer economic blighting conditions, including depreciated and stagnant property values, vacant and abandoned buildings,brownfield sites, a lack of necessary neighborhood services and commercial facilities, and an excess of bars and liquor stores, and high unemployment and crime rates. While the Agency has developed and implemented successful programs to promote redevelopment of blighted properties and alleviate blighting conditions that remain in the Project Area, the use of the tools of redevelopment, including eminent domain,remains necessary as a last resort to deal with those blighting conditions that remain in the Project Area. In order to allow the Agency maximum ability to revitalize the Project Area,the law provides redevelopment agencies with certain techniques to overcome blighting conditions in redevelopment areas. One of the techniques is the Agency's power of eminent domain. Although eminent domain would only be a "last resort" solution to acquisition of properties in the Project Area, the Agency is moving into the implementation phase of several of its remaining redevelopment programs. The Agency is now implementing various public improvement activities and is planning for longer-term land development transactions with interested property owners and developers. The process of planning for,negotiating, and implementing a land development transaction or a public improvement project typically is a multiyear endeavor. It often involves discussions with, or solicitationof proposals from, existing property owners of parcels that are critical to the overall redevelopment program,to determine if they are interested in and capable of participation in the redevelopment of their own properties or if they are willing to voluntarily sell their properties at fair value to the Agency or a designated developer. Next, the process involves negotiations of detailed development contracts,with property owners or selected non-property owner developers, followed by preparation of detailed architectural plans,procurement of all necessary governmental permits and approvals, and procurement of development financing. Only when all these activities have been completed is it typically possible to proceed with land assembly or a public improvement project,using condemnation as a last resort to achieve such assembly. This land development and public improvement process can require a number of years to complete. Because the Agency's current eminent domain power under the Plan expires in approximately two months, there is no cushion for orderly implementation even of those land developments that the Agency commences in the coming years.. The Agency envisions that it may need to initiate several land development transactions for key parcels in the Project Area throughout the next decade. Given the limitations on Agency financial and staff resources and the ebb and flow of the general real estate market, it is not possible or even desirable for the Agency to try to force commencement of all its land development transactions into the next few months, so as to ensure that it can complete all necessary land assembly for such transactions 320010\156240.3 4 415/02 within the current deadline for exercise of its eminent domain power. Indeed, some transactions will become feasible and advantageous to the Agency only later in the next decade, after improvements and actions undertaken in the next few years have further enhanced the physical and economic environment for Project Area redevelopment. For all these reasons, it is necessary that the time period for the exercise of the power of eminent domain be extended for certain portions of the Project Area as provided in the proposed Plan Amendment. PART III. IMPLEMENTATION PLAN The Agency adopted an Implementation Plan in December of 1994,which describes specific goals and objectives of the Agency, specific projects proposed by the Agency,how these projects will alleviate the documented blight conditions in the project area, and a program of actions and expenditures proposed for the following five years. As required by law, an updated Implementation Plan was adopted in November of 1999. The existing Implementation Plan is incorporated into this Report by reference. PART IV. PROPOSED METHOD OF FINANCING THE REDEVELOPMENT AREA This part of the report on a plan for a new redevelopment plan typically considers the costs and potential revenue of redevelopment actions in order to determine if there is a financially feasible method to finance the redevelopment project. This analysis was completed for the Report for the initial adoption of the Plan and served as the basis for the Board's finding in the ordinance adopting the initial Plan,mandated by Section 33367(d)(3), that the adoption of the initial Plan and the carrying out of the Plan were economically sound and feasible. Since the proposed amendment to the Plan contained in the Plan Amendment does not add any new redevelopment activities, no further analysis of the overall economic feasibility of the Project Area is required at this time. The proposed extension of the Agency's eminent domain power will enable the Agency, under specified conditions,to assemble properties with marginal economic utility into larger sites or to install needed public improvements,both of which will promote more intensive modern uses,thus, over time, allowing the Project Area to generate additional tax increment avenue for redevelopment activities. Although such acquisition may also involve cost to the Agency,the Agency will work closely with property owners and developers to insure maximum private sector involvement in any acquisition project, so as to minimize the use of eminent domain and the use of public funds. On balance,the extension of the Agency's eminent domain power is expected to have a neutral or positive impact on the financial feasibility of the Project. 320\10\156240.3 5 415102 PART V. METHOD OR PLAN FOR RELOCATION OF FAMILIES AND PERSONS TO BE DISPLACED FROM HOUSING FACILITIES IN THE PROJECT AREA When the Plan was first adopted in 1990,the Agency prepared a General Relocation Plan,which set forth the Agency's general policies for the administration of the relocation program and the provisions of services and benefits to displaced families, individuals, businesses, and community institutions, should relocation of households and/or businesses become necessary to implement the Plan. The General Relocation Plan also provided information about housing stock conditions and availability of housing units to support any relocation caseload from redevelopment activities. The General Relocation Plan nonetheless noted that the Agency did not at the time of Plan adoption contemplate that any relocation would be necessary. The General Relocation Plan was included in the Original Report and is incorporated herein by this reference. The General Relocation Plan adopted in 1990 serves as a general plan for relocation services and housing stock availability. The Agency performs more detailed relocation analyses, and, where appropriate, adopts specific relocation plans, as individual projects are implemented. As anticipated at the time of Plan adoption, implementation of the Plan has not required relocation of households or businesses, and the Agency does not anticipate that ongoing implementation of the Plan will require any relocation of households or businesses in the future. The Agency intends to continue the practice of performing detailed relocation analyses at the time of project implementation. The Agency reaffirms its policies that no persons or families of low or moderate income shall be displaced unless and until there is a suitable housing unit available and ready for occupancy. The Agency is currently setting aside 20% of its tax increment revenue for affordable low and moderate income housing and is undertaking various activities to stimulate the production and rehabilitation of the affordable housing stock,using both tax increment revenue and other funding sources. The Agency is currently involved in the construction of 50 units of housing in the Project Area which are restricted by the Agency for occupancy by very low and moderate income households, at affordable housing cost. Thus, the Agency possesses the resources to ensure affordability of the available housing stock for any limited number of households that may be displaced by future redevelopment activities. Based on the information set forth above, the Agency is satisfied that there is a comprehensive basis for the Board to find that: (a) The Agency has a feasible method or plan for the relocation of families and persons displaced from the Project Area, if the Plan may result in the temporary or J permanent displacement of any occupants of housing facilities in the Project Area; and (b) 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 320110115$240.3 6 4!5102 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; and (c) Permanent housing facilities will be available within three years from the time occupants of the Project Area are displaced 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 community at the time of their displacement. PART VI. REPORT OF THE PLANNING COMMISSION Upon receipt of the Plan Amendment, the Planning Commission has prepared and adopted its report and recommendations regarding the proposed amendment. The Planning Commission's report and recommendation is attached as Exhibit B and incorporated herein by this reference. PART VII. SUMMARY OF COMMUNITY MEETINGS AND CONSULTATIONS REGARDING PROPOSED AMENDMENTS [Note: This Report has been drafted in anticipation of its consideration by the Board in connection with approval or disapproval of the Plan Amendment. As the Board will not be voting on the Plan Amendment for a number of weeks, this Report is drafted to reflect the occurrence of a number of events that must occur prior to Board consideration of the Plan Amendment and Report but have not occurred yet. Likewise, the Report includes references to exhibits that may not currently exist but will be attached to the Report prior to Board consideration.] Code Section 33385.3 provides that a Project Area Committee shall be formed if a proposed plan amendment would do either of the following: 1) Grant the Agency authority to acquire by eminent domain residential property in a project area in which a substantial number of by persons of low- and moderate- income reside reside; or 2) Add to the project area territory in which substantial numbers of low- and moderate-income persons reside and grant to the Agency eminent domain authority over such territory. The proposed Plan Amendment extends the Agency's deadline for commencement''of eminent domain actions. It does not grant new eminent domain authority over residential properties or added',territory to the Project Area. For this reason the Plan Amendment does not require the formation of a Project Area Committee. However,pursuant to Code Section 33385(f) the Agency has consulted with and obtained the advice of Project Area residents, businesses, and community organizations concerning the proposed Plan Amendment, as described below. 3201101156240.3 7 4/510"2 In order to provide interested citizens opportunity for participation in the Redevelopment Plan implementation process,the Board appointed the Rodeo Municipal Advisory Committee ("MAC")in 1998 to serve as the advisory committee regarding redevelopment issues. The members of the MAC represent residents,businesspersons, and representatives of community organizations in the Project Area. Agency staff consults extensively with the MAC regarding the redevelopment process and programs. Agency staff reviewed the Plan Amendment and this Report with the MAC at the MAC's regularly scheduled meeting of April 24, 2002. The MAC adopted a resolution at the April 24, 2002 meeting approving the Plan Amendment. Minutes of the April 24, 2002 MAC meeting are attached as Exhibit and incorporated herein by this reference. Agency staff scheduled a community meeting, which was held on May 14,2002 to obtain community comments and input regarding the proposed Plan Amendment. Notice of the meeting was published in the West County Times on April 22,2002, April 29,2002,May 6, 2402, and May 13, 2002 and was mailed to all Project Area property owners and residents on April 16, 2002. The minutes of this meeting are attached as Exhibit D and incorporated herein by this reference. Notices of the joint public hearing were sent by first class mail to every property owner, business, community organization and resident in the Project Area, as required by Code Section 33452, on April 24,2002. Copies of the Notices and declarations of mailing to the occupants and to the property owners are attached as Exhibit E and incorporated herein by this reference. In addition,notice of the public hearing was published in the West CPI=Times on April 22, 2002,April 29, 2002,May 6, 2002, and May 13,2002. The proof of publication of the notice of the public hearing is attached as Exhibit F and incorporated herein by this reference. On May 21, 2002,the Board of Supervisors and Agency held a joint public hearing to consider the adoption of the Plan Amendment. All of the comments made at that hearing are a part of the record of the adoption of the Plan Amendment. PART VIII. REPORT REQUIRED BY GOVERNMENT CODE SECTION 65402 The report required by Government Code Section 65402, stating that the Plan Amendment conforms to the General Plan is included in the Planning Commission report and recommendations on the Plan Amendment(see Part VI of this Report and Exhibit B . PART IX. REPORT REQUIRED BY SECTION 21151 OF THE PUBLIC r RESOURCES CODE The County has prepared a Negative Declaration to serve as the required environmental documentation for the Plan Amendment. Pursuant to the Negative Declaration, the proposed Plan Amendment has been found to have no significant effects on the environment. 320110\156240.3 8 415102 The Negative Declaration has served as the principal background reference for environmental impact information for the Planning Commission, County, and Agency decision makers during deliberations pertaining to the Plan Amendment. The Negative Declaration is attached as Exhibit G and incorporated herein by this reference. Notice of the proposed intention to rely on the Negative Declaration was incorporated into the notice of the public hearing for the Plan Amendment,which was published in the West County Times, and was mailed to all property owners, businesses, community organizations and residents within the Project Area, and all affected taxing entities as described in Part VII of this Report. Copies of these notices are attached as Exhibit E. PART X. CONSULTATIONS WITH AFFECTED TAXING AGENCIES As described in Part I of this Report,the proposed amendment to the Plan does not add any territory to the Project Area or change any of the other fiscal parameters or time limits of the Plan. Consequently, no formal consultation was conducted with affected taxing agencies. However, consistent with the Agency and Board of Supervisors' desire for input, the Agency sent each taping agency,by certified mail, a copy of each of the following documents on March 27, 2002: 1) Statement of Preparation of Plan Amendment(including notice of the County's and Agency's intent to rely on a negative declaration for adoption of the Plan Amendment); 2) Negative Declaration; and 3) Draft Amendment. Each affected taxing agency was sent on April 16, 2002,by certified mail,notice of the public hearing on the Plan Amendment. A copy of this notice and declaration of mailing are attached as Exhibit H and incorporated herein by this reference. PART XI. NEIGHBORHOOD IMPACT REPORT Part XII of the Original Report on the Plan included an extensive Neighborhood Impact Report describing in detail the impact of the project on the residents of the project area and surrounding areas. The information included in Part XII of the Original Report remains largely unchanged and that part of the Original Report is included herein by this reference, as updated by s the information on Agency redevelopment activities included in Part 11 above. PART XII. EXHIBITS 320\10\158240.3 9 4/5/02 The following documents are attached as Exhibits to this Report: EXHIBIT A MAP OF AREAS SUBJECT TO EXERCISE OF EMINENT DOMAIN BY AGENCY EXHIBIT B PLANNING COMMISSION REPORT AND RECOMMENDATIONS EXHIBIT C MINUTES OF MAY 14, 2002 MAC MEETING EXHIBIT D MINUTES OF COMMUNITY MEETING EXHIBIT E LEGAL NOTICE OF JOINT PUBLIC HEARING AND DECLARATION OF MAILING EXHIBIT F PROOF OF PUBLICATION OF LEGAL NOTICE EXHIBIT G NEGATIVE DECLARATION EXHIBIT H NOTICE AND DECLARATION OF MAILING TO TAXING ENTITIES a 3201101156240.3 10 415/02 • IN f OF �tn►r at��t�r"'"' '�r�rrr. �nt,'�#► so MIi1y� ..�•� «.•'it`t. ��1�= _� -r{'� Ott � �'`,�"`* *` '�'"'��'* �i��' rOWNS.. ,� r ,R .r.. •• ,,,•• .. Oslo ..�w .•o. map Legend C� i�► BMs , ,4*4�' �►+ 1�1'� t' COSTAPmperfies Included In Area Subject to Exercise of Eminent Domain by Agency Percale Outside of Area Subject to Exercise of Eminent Domain by Ago Major Roads CONTRAlo Y*W wid ly E 11111 Pine Scutt,Ath Pow-N.W,,,rn T���� MW*HM CA 0451111-00011 1 :00 1,200 2,400 3,600 OF COUNTY EXHIBIT B PLANNING COMMISSION REPORT AND RECOMMENDATIONS 1 3201101156240.3 415102 EXHIBIT C MINUTES OF MAY 14, 2002 MAC MEETING 1 320\10\156240.3 4!5!02 EXHIBIT D MINUTES OF COMMUNITY MEETING i ' I 320110\155240.8 415/02 EXHIBIT E LEGAL NOTICE OF JOINT PUBLIC HEARING AND DECLARATION OF MAILING 1 324114\156244.3 415/42 EXH113IT F PROOF OF PUBLICATION OF LEGAL NOTICE i � f a 1 3201101156240 415/02 EXMT G NEGATIVE DECLARATION (925)335-1252 March 27,2002 NOTICE OF PUBLIC REVIEW AND INTENT TO ADOPT A PROPOSED NEGATIVE DECLARATION RODEO REDEVELOPMENT AREA PLAN AMENDMENT County File CR 02-26 Pursuant to the State of California Public Resources Code and the"Guidelines for Implementation of the California Environmental Quality Act of 1970"as amended to date,this is to advise you that the Community Development Department of Contra Costa County has prepared an initial study on the following project: RODEO REDEVELQPMM AREA PLAN AMENDMENT PROJECT DESCRIPTION: The proposed project involves amending the Redevelopment Plan for the Rodeo Redevelopment Project Area(Project Area),extending the deadline to commence eminent domain proceedings by twelve years (Plan Amendment). The Rodeo Redevelopment Plan was adopted by the Contra Costa County Board of Supervisors on July 10, 1990 by Ordinance No.90-50. The plan was subsequently amended in 1994 and again in 1999. The California Community Redevelopment Law (Section 33300 et seq of the California Health and Safety Code), which governs the adoption and implementation of redevelopment plans,provides that the authority of a redevelopment agency to employ eminent domain to acquire property in a redevelopment project area expires twelve years after adoption of the redevelopment plan or the last amendment to the plan reestablishing the eminent domain authority. The Redevelopment Agency's eminent domain authority expires July 10,2002. PROJECT LOCATION: The Project Area is an area of approximately 650 acres located in West Centra Costa County. The area is generally bounded on the south and the west by the City of Hercules, on the north by San Pablo Bay, and on the east by Interstate 80. The area is largely residential with commercial strips located along major roadways. No significant impacts have been identified in the initial study. A copy of the Negative Declaration and all documents referenced in the negative declaration may be reviewed in the offices of the Community Development Department, and Application and Permit Center at the McBrien Administration Building, North Wing, Second Floor, 651 Pine Street, Martinez, during normal business hours. PUBLIC COMMENT PERIOD - The period for accepting comments on the adequacy of the environmental documents will run from March 27,2002 to 5:00 P.M.,Friday,April 26,2002. Any comments should be in writing and submitted to the following address: Kristine Solseng, Redevelopment Planner Contra Costa County Community Development Department 651 Pine Street,North Wing,4th Floor Martinez, CA 94553 320110\155360.1 It is anticipated that the proposed Negative Declaration Will be considered for adoption at a meeting of the Centra Costa County Board of Supervisors on Tuesday, May 21, 2042. The meeting is anticipated to be held at 9:00 am at the Board Chambers at 651 Pine Street, Martinez, CA. It is expected that the Berard of Supervisors will also conduct a hearing on the amendment to the Redevelopment Plan at the same meeting. �y Kristine iSolseng, Redevelopment Planner cc:County Clerk's Office(2 copies) Public Warks-Steve Wright 320\10\155360.1 Environmental Checklist Form 1. Project Title: Rodeo Redevelopment Area Flan Amendment 2. Lead Agency Name and Address: Contra Costa County Community Development Department 651 Pine Street,North Wing-4th Floor Martinez, CA 94553 3. Contact Person and Phone Number Kristine Solseng (925)335-1252 4. Project Location The Rodeo Redevelopment Area 5, Project Sponsor's Name and Address Contra Costa County Redevelopment Agency 651 Pine Street,North Wing-5th Floor Martinez, CA 94553 6. General Plan Resignation: Single-Family Residential,Multiple-Family Residential, Commercial, Office,Mixed-Use Rodeo, Light Industrial,Public/Semi-Public,Parks and Recreation, Commercial Recreation, and Water 7. Zoning: Agricultural, Single Family-Residential,Two-Family Residential, Multiple-Family Residential,Planned- Unit District, Commercial,Retail Business,and Heavy Industrial 8. Description of Project The proposed project involves amending the Redevelopment Plan(Plan Amendment) for the Rodeo Redevelopment Project Area(Project Area), extending deadline to commence eminent domain proceedings by twelve years. The Rodeo Redevelopment Plan was adopted by the Contra Costa County Board of Supervisors on July 10, 1990. The plan was subsequently amended in 1994. The California Community Redevelopment Law(Section 33000 et seq)of the State Health and Safety Code, which governs the adoption and implementation of redevelopment plans,provides that the authority of a redevelopment agency to employ eminent domain to acquire property in a redevelopment project area expires twelve years after adoption of the redevelopment plan or the last amendment to the plan reestablishing the eminent domain authority. The Redevelopment Agency's eminent domain authority expires July 10,2002. 9. Surrounding Land Uses and Setting The Project Area is an area of approximately 650 acres located in the Rodeo Area of West Contra Costa County. The area is generally bounded on the south and the west by the City of Hercules, on the north by San Pablo Bay, and on the east by Interstate 80. The area is largely residential with commercial strips located along major roadways. 10 Other public agencies whose approval Contra Costa County Redevelopment Agency is required: ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a"Potentially Significant Impact" as indicated by the checklist on the following pages. ❑ Aesthetics ❑ Noise a ❑ Agriculture Resources ❑ Population&Housing ❑ Air Quality ❑ Public Services ❑ Biological Resources ❑ Recreation ❑ Cultural Resources ❑ Transportation/Circulation ❑ Geological Problems ❑ Utilities& Service Systems ❑ Hazards and Hazardous Materials ❑ Mandatory.Findings of Significance ❑ Hydrology and Water Quality Z No new Potentially Significant Impacts ❑ Land Use and Planning Identified ❑ Mineral Resources DETERMINATION On the basis of this initial evaluation. Z I find that the proposed project COULD NOT have a significant effect on the enviromzient, and a NEGATIVE DECLARATION will be prepared. ❑ I find that although the proposed project could have a significant effect on the environment,there will not be a significant effect in this case because the mitigation measures described on an attached sheet have been added to the project. A MITIGATED NEGATIVE DECLARATION will be prepared. I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. ❑ I find that the proposed project MAY have a significant effect(s) on the environment, but at least one effect(1)has been adequately analyzed in an earlier document pursuant to applicable legal standards,and (2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets, if the effect is a "potentially significant impact" or "potentially significant unless mitigated," An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. I find that although the proposed project could have a significant effect on the environment, there WILL NOT be a significant effect in this case because all potentially significant effects (a)have been analyzed adequately in an earlier EIR pursuant to applicable standards and (b) have been avoided or mitigated pursuant to that earlier EIR, ' 'chiding revisions or mitigation measures that are imposed upon the proposed jest. t March 27,2002 re a Date Kristine Solsen -- _- Comrnunity Development Department Printed Name For �. ti✓-- e roved B Jame K e Printed Nara EVALUATION OF ENVIRONMENTAL IMPACTS: Sources: In the process of preparing the Checklist and conducting the evaluation, the following references (which are available for review at the Contra Costa County Community Development Department, 651 Pine Street 5th Floor- North Vying,Martinez)were consulted: 1. Description of Project and Setting 2. Contra Costa Resource Mapping System-Quad Sheet Panels—Mare Island,CA and County GIS system 3. The(Reconsolidated) County General Plan(July 1996) and EIR on the General Plan(January 1991) 4. General Plan and Zoning Maps 5, The Rodeo Redevelopment Plan and EIR(1990) 6. Rodeo Waterfront/Downtown Specific Plan (August 1997) 7. East Bay Regional Park District Master Plan(1997) 8. Field Reviews 9. Central Hercules Plan/EIR(2001) 10. Carquinez Bridge Expansion Project(1996) EVALUATION OF ENVIRONMENTAL IMPACTS: Potentially significant Potentially sigLess than significant Impacst, significant Impact Impact Mitigation Impact P Incorporated 1. AESTHETICS. Would the proposal: a. Have a substantial adverse effect on a ❑ �] ❑ (� scenic vista? (Source 1,2,3,4,5,7, 8) b. Substantially damage scenic resources, [] ® ❑ Z including,but not limited to, trees,rock outcroppings, and historic buildings withina state scenic highway? (Source 1,3,5,7) C. Substantially degrade the existing © ❑ visual character or quality of the site and its surroundings? (Source 1,2,3,5) d. Create a new source of substantial light ❑ ❑ ❑ or glare which would adversely affect day or nighttime views in the area? (Source 1,3, 5) a SUMMARY: The grant of authority to exercise eminent domain as provided in the Plan Amendment is an administrative activity which will not result in impacts to aesthetics. Subsequent implementation of redevelopment activities,which might involve the actual exercise of this grant of authority to exercise eminent domain,would be undertaken pursuant to the California Environmental Quality Act(CEQA), which may rely on earlier environmental impact analysis or require additional environmental review when a more specific development concept is proposed. Potentially significant Potentially Less than No significant Impact unless Significant ]xn o Impact Mitigation Impact act Incorporated H. AGRICULTURAL RESOURCES:In determining whether impacts to agricultural resources are significant environmental effects,lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997)prepared by the California Dept. Of Conservation as an optional model to use in assessing impacts on agricultural and farmland. Would the project: a. Convert Prime Farmland,Unique Q Farmland or Farmland or Statewide Importance (Farmland),as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency,to non-agricultural use? (Source 1,3,4,5) b. Conflict with existing zoning for ® (� agricultural use, or a Williamson Act contract? (Source 1,3,4,5) C. Involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland, to non- agricultural use? (Source 1,3,4,5) SUMMARY :The grant of authority to exercise eminent domain as provided in the Plan Amendment is an administrative activity which will not result in impacts to agricultural resources. Subsequent implementation of redevelopment activities,which might involve the actual exercise of this grant of authority to exercise eminent domain,would be undertaken pursuant to the California Environmental Quality Act(CEQA),which may rely on earlier environmental impact analysis or require additional environmental review when a more specific development concept is proposed. Potentially Potentially significant Less than significant Unlace, Significant No Impact Impact Mitigation Impact P Incorporated III. AIR QUALITY Where available, the significance criteria established by the applicable air quality management or air pollution control district may be relief upon to make the following determinations. Would the project: a. Conflict with or obstruct © [] implementation of the applicable air quality plan (Source: 1,3,5) b. 'violate any air quality standard or substantially contribute to an existing or projected air quality violation? (Source 1,3,5) C. Result in a cumulatively considerable [� net increase of any criteria pollutant for which the project region is non- attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? (Source 1,3,5) d. Expose sensitive receptors to E] ® [] substantial pollutant concentrations? (Source 1,3,5) e. Create objectionable odors affecting a substantial number of people? (Source 1,3,5) SUN Y: The grant of authority to exercise eminent domain as provided in the Plan Amendment is an administrative activity which will not result in impacts to air quality. Subsequent implementation of redevelopment activities, which might involve the actual exercise of this grant of authority to exercise eminent domain,would be undertaken pursuant to the California Environmental Quality Act(CEQA),which may rely on earlier environmental impact analysis or require additional environmental review when a more specific development concept is proposed. Potentially significant Potentially Less than significant Impact, Significant NO impact Unless Impact Impact p Mitigation p Incorporated IV. BIOLOGICAL RESOURCES. Would the project: a. Have a substantial adverse effect, ❑ (� ❑ either directly or through habitat modifications, on any species identified as a candidate,sensitive,or special status species in local or regional plans,polices, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? (Source 1,3,5,6) b. Have a substantial adverse effect on ❑ ❑ El any riparian habitat or other sensitive natural community identified in local or regional plans,policies, regulations or by the California Department of Fish and Game or US Fish and Wildlife Service? (Source 1,3,5,6) C. Have a substantial adverse effect on C] [] federally protected wetlands as defined by Section 404 of the Clean Water Act(including, but not limited to,marsh,vernal pool, coastal,etc.) through direct removal, filling, hydrological interruption, or other means?(Source 1,3,5,6) d. Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? (Source 1,3,5,6) e. Conflict with any local policies or ❑ Z ordinances protecting biological resources, such as tree preservation policy or ordinance? (Source 1,3,5,6) f. Conflict with any local policies or ordinances protecting biological resources, such as tree preservation policy or ordinance? (Source 1,3,5,6) SUMMARY: The grant of authority to exercise eminent domain as provided in the Flan Amendment is an administrative activity which will not result in impacts to biological resources. Subsequent implementation of redevelopment activities,which might involve the actual exercise of this grant of authority to exercise eminent domain,would be undertaken pursuant to the California Environmental Quality Act(CEQA),which may rely on earlier environmental impact analysis or require additional environmental review when a more specific development concept is proposed. Potentially significant Potentially Lees than significant Unless Signufican Irtm act No Impact Mitigation t Impact P Incorporated V. CULTURAL RESOURCES. Would the project: a. Cause a substantial adverse change ® ❑ ❑ in the significance of a historical resource as defined in §15064.5? (Source 1,2,3,5) b. Cause a substantial adverse change ® ❑ ❑ z in the significance of an archaeological resource pursuant to §15064.5?(Source 1,2,3,5) C. Directly or indirectly destroy a ® ❑ ❑ unique paleontological resource or site or unique geologic feature? (Source 1,2,3,5) d. Disturb any human remains, ❑ ❑ ❑ including those interred outside of formal cemeteries? (Source 1,2,3,5) SUMMARY: The grant of authority to exercise eminent domain as provided in the Plan Amendment is an administrative activity which will not result in impacts to cultural resources. Subsequent implementation of redevelopment activities,which might involve the actual exercise of this grant of authority to exercise eminent domain,would be undertaken pursuant to the California Environmental Quality Act(CEQA),which may rely on earlier environmental impact analysis or require additional environmental review when a more specific development concept is proposed. i Y Potentially significant Potentially Impact, Less than No significant Unless Slgnificant Impact Impact Mitigation Impact P Incorporated VI, GEOLOGY AND SOILS _ Would the project? ` a. Expose people or structures to [ potential substantial adverse effects, including the risk of loss, injury, or death involving: 1. Rupture of a known earthquake fault, as delineated on the most recent Alquist4 Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. (Source 1,3,5) 2. Strong seismic ground shaking? (Source 1,3,5) 3. Seismic-related ground failure, including liquefaction? (Source 1,3,5) 4. Landslides? (Source 1,3,5) b. Result in substantial soil erosion or the (� ❑ [� loss of topsoil? (Source 1,3,5) C. Be located on a geologic unit or soil that is unstable,or that would become unstable as a result of the project, and potentially result in on-or off-site landslide,lateral spreading, subsidence,liquefaction or collapse? (Source 1,3,5) d. Be located on expansive soil, as ® [ defined in Table 18-1-B of the Uniform Building Code (1994), creating substantial risks to life or property?(Source 1,3,5) e. Have soils incapable of adequately supporting the use of septic tanks or alternative waste disposal systems where sewers are not available for the disposal of waste water? (Source 1,3,5) S1 JMl�Y: The grant of authority to exercise eminent domain as provided in the Plan Amendment is an administrative activity which will not result in impacts to geology and soils. Subsequent implementation of redevelopment activities, which might involve the actual exercise of this grant of authority to exercise eminent domain,would be undertaken pursuant to the California Environmental Quality Act(CEQA),which may rely on earlier environmental impact analysis or require additional environmental review when a more specific development concept is proposed. Potentially Potentially significant Less than significant Impact, Significant No ImMitigation pact Unless Impact Impact Incorporated VII HAZARDS AND HAZARDOUS MATERIALS- Would the project: a. Create a significant hazard to the 13 public or the environment through the routine transport, use, or disposal of hazardous materials? (Source 1,3,5) b. Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment?(Source 1,3,5) C. Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school?(Source 1,3,5) d. Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government code Section 65962.5 and,as a result, would it create a significant hazard to the public or the environment?(Source 1,3,5) e. For a project located within an airport M 11 Z land use plan or,where such a plan has not been adopted,within two miles of a public airport or public use airport,would the project result in a safety hazard for people residing or working in the project area. (Source 1,3,5) f. For a project within the vicinity of a private airstrip,would the project result in a safety hazard for people residing or working in the project area? (Source 1,3,5) g, Impair implementation of or physically ❑ [� ❑ interfere with an adopted emergency response plan or emergency evacuation plan? (Source 1,3,5) h. Expose people or structures to a j� [� ❑ significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? (Source 1,3,5) 51gv2AARY: The grant of authority to exercise eminent domain as provided in the flan Amendment is an administrative activity which will not result in impacts to hazards and hazardous materials. . Subsequent implementation of redevelopment activities, which might involve the actual exercise of this grant of authority to exercise eminent domain, would be undertaken pursuant to the California Environmental Quality Act (CEQA), which may rely on earlier environmental impact analysis or require additional environmental review when a more specific development concept is proposed. Potentially Potentialsignificant Ltssthan significant Impact, Significant No rlle$& Impact Impact Mitigation Impact Incorporateti VII HYDROLOGY AND WATER. QUALITY I. -Would the project: a. Violate any water quality standards ❑ ❑ ❑ or waste discharge requirements? (Source: 1,3,5) b. Substantially deplete groundwater [l ❑ ❑ supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g,, the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? (Source. 1,3,5) C. Substantially alter the existing ] ❑ ❑ drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner which would result in substantial erosion or siltation on-or off-site? (1,3,5) d. Substantially alter the existing ❑ ❑ ❑ Z drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on-or off-site? (1,3,5) e. Create or contribute runoff water ❑ ❑ ❑ which would exceed the capacity of existing or planned storm water drainage systems or provide substantial additional sources of polluted.runoff?(1,3,5) f. Otherwise substantially degrade ❑ ❑ ❑ water quality?(1,3,5) g. Place housing within a 100-year ® ❑ ❑ flood hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map?(1,3,5) h. Place within a 100-year flood hazard ❑ ❑ ❑ area structures that would impede or redirect flood flows? (1,3,5) i. Expose people or structures to a ❑ ❑ ❑ Z significant risk of loss, injury or death involving flooding, including flooding as a result of the failure of a levee or dam? (1,3,5) j. Inundation by seiche, tsunami, or ❑ ❑ ❑ Z mudflow? (1,3,5) SUMMARY: The grant of authority to exercise eminent domain as provided in the Plan Amendment is an administrative activity which will not result in impacts to hydrology and water quality. Subsequent implementation of redevelopment activities, which might involve the actual exercise of this grant of authority to exercise eminent domain, would be undertaken pursuant to the California Environmental Quality Act (CEQA), which may rely on earlier environmental impact analysis or require additional environmental review when a more specific development concept is proposed. Potentially significant Potentially Less than significant Unless Significant No Impact Impact Mitigation Impact f Incorporated IX LAND USE AND PLANNING: Would the project: a. Physically divide an established ❑ ❑ ❑ Z community? (1,3,4,5,6,7) b. Conflict with any applicable land use ❑ ❑ [] plan,policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? (153,4,5,5,7) C. Conflict with any applicable habitat [] C] E] Z conservation plan or natural community conservation plan? (1,3,4,5,5,7) SUMMARY: The grant of authority to exercise eminent domain as provided in the Plan Amendment is an administrative activity which will not result in impacts to land use planning. Subsequent implementation of redevelopment activities, which might involve the actual exercise of this grant of authority to exercise eminent domain, would be undertaken pursuant to the California Environmental Quality Act (CEQA.), which may rely on earlier environmental impact analysis or require additional environmental review when a more specific development concept is proposed. Potentially significant Potentially Impact, Less than significant Unless significant No Impact Impact Mitigation Impact Incorporat ed X. MINERAL RESOURCES Would the prof ect: a. Result in the loss of availability of a [] ❑ (� known mineral resource that would be of value to the region and the residents of the state? (1,3,5) b. Result in the loss of availability of a (� ❑ locally- important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? (1,3,5) SUMMARY: The grant of authority to exercise eminent domain as provided in the Plan Amendment is an administrative activity which will not result in impacts to mineral resources. Subsequent implementation of redevelopment activities,which night involve the actual exercise of this grant of authority to exercise eminent domain,would be undertaken pursuant to the California Environmental Quality Act(CEQA),which may rely on earlier environmental impact analysis or require additional environmental review when a more specific development concept is proposed. Potentially significantPotentially I Impact Less than No significant Uness Significant Impact Impact Mitigation Impact Incorporated X.I. NOISE . Would the project: a. Exposure of persons to or generation ❑ of noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies?(1,2,3,5) b. Exposure of persons to or generation ❑ ❑ [] z of excessive groundbome vibration or ground borne noise levels?(1,2,3,5) C. A substantial permanent increase in ❑ (] ❑ El ambient noise levels in the project vicinity above levels existing without the project? (1,2,3,5) d. A substantial temporary or periodic ❑ ❑ ❑ increase in ambient noise levels in the project vicinity above levels existing without the project?(1,2,3,5) e. For a project located within an airport ❑ © ❑ land use plan or,where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the proj ect area to excessive noise levels?(1,2,3,5) f. For a project within the vicinity of a ❑ ® ❑ private airstrip, would the project expose people residing or working in the project area to excessive noise levels? (1,2,3,5) SUMMARY: The grant of authority to exercise eminent domain as provided in the Flan Amendment is an administrative activity which will not result in impacts to noise. Subsequent implementation of redevelopment activities,which might involve the actual exercise of this grant of authority to exercise eminent domain, would be undertaken pursuant to the California Environmental Quality Act (CEQA),which may rely on earlier environmental impact analysis or require additional environmental review when a more specific development concept is proposed. i Potentially significant Potentially Less than significant Unless Significant No Lx� act Impact Mitigation Impact p Incorporated XIII. PUBLIC SERVICES -Would the project: a. Would the project result in substantial ❑ ❑ ❑ adverse physical impacts associated with the provision of new or physically altered governmental facilities,need for new or physically altered governmental facilities,the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios,response times or other performance objectives for any of the public services: (Source: 1,3,5) 1. Fire Protection? 2. Police Protection? 3. Schools? 4. Parks? 5. Other Public facilities? SUMMARY: The grant of authority to exercise eminent domain as provided in the Plan Amendment is an administrative activity which will not result in impacts to public services. Subsequent implementation of redevelopment activities, which might involve the actual exercise of this grant of authority to exercise eminent domain, would be undertaken pursuant to the California Environmental Quality Act (CEQA), which may rely on earlier environmental impact analysis or require additional environmental review when a more specific development concept is proposed. Potentially significant Potentially sigLess than significant pact, Significant No Impact Unless impact Impact. p Mitigation p Incorporated XIV. RECREATION- a. Would the project increase the use of ❑ ❑ �] existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? (Source 1,2,3,5,7) b. Dries the project include recreational ❑ ❑ ❑ (� facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment?(Source: 1,2,3,5,7) Potentially significant Potentially Liss than Na significant Izxslact, Significant Impact Unless Impact Impact Mitigation Incorporated XII, POPULATION AND HOUSING o Would the r project: a. Induce substantial population growth in ❑ ❑ ❑ z an area, either directly(for example,by proposing neve homes and businesses)or directly(for example,through extension of roads or other infrastructure)? (Source: 1,3,5,6,7) b. Displace substantial numbers of existing z housing, necessitating the construction of replacement housing elsewhere? (Source: 1,3,5,6,7) C, Displace substantial numbers of people ❑ ❑ z ❑ necessitating the construction of replacement housing elsewhere? (1,3,5,6,7) SUMMARY: Acquisition of property within the Project Area by eminent domain is an administrative authority and process which would not result in impacts to population. Extending the eminent domain authority of the Redevelopment Agency could result in the eventual displacement of existing housing in order to redevelop the area. The Redevelopment Agency is required by the California Community Redevelopment Law (CRL) to provide through rehabilitation, development or construction, an equal number of replacement dwelling units for rent or sale at affordable rates, which have an equal or greater number of bedrooms as destroyed or removed, as those currently occupied by low and moderate income households. The CRIT, further requires that 100 percent of the replacement dwelling units be affordable to persons and/or families of low and moderate income in the same proportion as the units lost. In addition, the acquisition of property,through eminent domain will be acquired in accordance with the State of California's Relocation Assistance and Real Property Acquisition Act of 1971 (Government Code Section 7260 et seq). Thus impacts to housing would be less than significant. Potentially Potentially significant Impact, Less than No significant Unless significant Impact Impact Mitigation Impact Incorporated XL NOISE . Would the project: a. Exposure of persons to or generation ® ® z of noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies?(1,2,3,5) b. Exposure of persons to or generation [] of excessive groundbome vibration or ground borne noise levels? (1,2,3,5) C. A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? (1,2,3,5) d. A substantial temporary or periodic ] ❑ (� increase in ambient noise levels in the project vicinity above levels existing without the project?(1,2,3,5) e. For a project located within an airport ❑ �] �] land use plan or,where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels?(1,2,3,5) f. For a project within the vicinity of a 7 ❑ [� private airstrip, would the project expose people residing or working in the project area to excessive noise levels? (1,2,3,5) SUMMARY: The grant of authority to exercise eminent domain as provided in the Plan Amendment is an administrative activity which will not result in impacts to noise. Subsequent implementation of redevelopment activities,which might involve the actual exercise of this grant of authority to exercise eminent domain, would be undertaken pursuant to the California Environmental Quality Act (CEQA),which may rely on earlier environmental impact analysis or require additional environmental review when a more specific development concept is proposed. i SI.TMMARY: The grant of authority to exercise eminent domain as provided in the Plan Amendment is an administrative activity which will not result in impacts to transportation/traffic. Subsequent implementation of redevelopment activities, which might involve the actual exercise of this grant of authority to exercise eminent domain, would be undertaken pursuant to the California Environmental Quality Act (CEQA), which may rely on earlier environmental impact analysis or require additional environmental review when a more specific development concept is proposed. Potentially significant Potentially ,ImpactLthan �o significant ImpactUnless Significant Impact rmpack Mitigation Impact P Incorporated XVI. UTILITIES AND SERVICE SYSTEMS - Would the project: a. Exceed wastewater treatment ] ❑ ❑ requirements of the applicable Regional Water Quality Control Board? (Source: 1,3,5) b. Require or result in the construction of [] ❑ ❑ z new water or wastewater treatment facilities or expansion of existing facilities, the construction or which could cause significant environmental effects?{Source: 1,3,5} C. Require or result in the construction of ❑ ❑ ] new storm water drainage facilities or expansion of existing facilities,the construction of which could cause significant environmental effects? (Source: 1,3,5) d. Have sufficient water supplies available ❑ ❑ ❑ (� to serve the project from existing entitlement and resources,or are new or expanded entitlement needed?(Source: 1,3,5) e. Result in a determination by the ❑ ❑ ❑ z wastewater treatment provider which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? (Source: 1,3,5) f. Be served by a landfill with sufficient (� [ ❑ permitted capacity to accommodate the project's solid waste disposal needs? (Source: 1,3,5) g. Comply with federal, state and local ❑ statutes and regulations related to solid waste?(Source: 1,3,5) SUMMARY: The grant of authority to exercise eminent domain as provided in the Plan Amendment is an administrative activity which will not result in impacts to utilities and service systems. Subsequent implementation of redevelopment activities,which might involve the actual exercise of this grant of authority to exercise eminent domain, would be undertaken pursuant to the California Environmental Quality Act (CEQA), which may rely on earlier environmental impact analysis or require additional environmental review when a more specific development r concept is proposed. r Potentially Potentially significant Less than significant Impact, Significant No Impact Unless Impact Impact Mitigation Incorporated XVII. MANDATORY FINDINGS OF SIGNIFICANCE- a. Does the project have the potential to [l F El degrade the quality of the environment,substantially reduce the habitat of a fish and wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community,reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory?(Source: 1,2,3,4,5,6,7,& 8) b. Does the project have impacts that are individually limited,but cumulatively considerable?("Cumulatively considerable"means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects,the effects of other current projects, and the effects of probable future projects)? (Source: 1,2,3,4,5,6,7, & 8) c. Does the project have environmental ❑ effects which will cause substantial adverse effects on human beings, either directly or indirectly? (1,2,3,4,5,6,7,& 8) SUMMARY: Acquisition of property within the Project Area by eminent domain is an administrative authority and process which does not have the potential to degrade the quality of the environment (see III-Aix Quality, IV-Biological Resources, VI-Geology and Soils, and VIII.-Hydrology and Water Quality.) The incremental effects of the proposed project were reviewed in connection with the effects of past 'projects, current projects, and the effects of probable future projects. These projects included the Rodeo Redevelopment Plan, which was adequately analyzed Environmental Impact Report prepared for the Rodeo Redevelopment Plan in 1987. Additional projects reviewed included the Rodeo Waterfront/Downtown Specific Plan, the City of Hercules General Plan and Redevelopment Program (including Central Hercules Plan), Carquinez Bridge Expansion project and development in the Hercules and Crockett area. It was concluded that the cumulative impacts associated with the extending the Agency's ability to acquire property within the Project Area by eminent domain, an administrative authority and process, are less than significant. H:\SOLSENG\RODEO\PLANNING\EMINENT DOMAIN EXTENSION\CEQA\NEGDEC.DOC EXHIBIT H NOTICE AND DECLARATION OF MAILING TO TAXING ENTITIES s r 1 320\10\156240.3 4/5102 TO: BOARD OF SUPERVISORS/ REDEVELOPMENT AGENCY '-'' ' Centra Costa FROM: Dennis M. Barry, AICD County COMMUNITY DEVELOPMENT DIRECTOR DATE: March 12, 2002 SUBJECT: Rodeo Redevelopment Plan Amendment— Eminent Domain Extension SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION RECOMMENDATIONS ADOPT Resolution fixing a Joint Public Hearing for May 21, 2002, 11:00 am, with the Contra Costa County Board of Supervisors and the Redevelopment Agency to consider the proposed Third Amendment to the Redevelopment Plan for the Rodeo Redevelopment Area in compliance with California Redevelopment Law, and actions related thereto. FISCAL IMPACT No impact on the General Fund. All associated legal and staff costs will be provided by the Rodeo Redevelopment Project Area as part of the administrative budget in the adopted Fiscal Year 2001-02 budget. The proposed amendment does not add- territory, ddterritory, increase fiscal caps, or extend the life of the Redevel pment PI 11,1 CONTINUED ON ATTACHMENT: X YES SIGNATURE o A k---RECOMMENDATION OF EXECUTIVE DIRECTOR RECOMMEND N OF AG CY COMMITTE --'-APPROVE OTHER 7( SIGNATURE (S)- ACTION OF AG ON tti.,J / > .APPROVED AS RECOMMENDED 4 OTHER V, TE OF SUPERVISORS I HERESY CERTIFY THAT THIS IS A TRUE AND UNANIMOUS(ABSENT CORRECT COPY OF AN ACTION TAKEN AND AYES: NOES: ENTERED ON THE MINUTES OF THE ABSENT: ABSTAIN: REDEVELOPMENT AGNEYC ON THE DATE SHOWN Contact: Kristine Solseng ATTESTED_ a JOHN SWEETRN Orig: Redevelopment Agency AGNECY SECRETARY Cc: Community Development { CAO County Counsel BY i:1 DEPUTY Auditor-Controller March 12, 2002 Board of Supervisors Redevelopment Plan Amendment—Rodeo Redevelopment Area Page 2 BACKGROUND The Rodeo Redevelopment Pian was adopted on July 10, 1989 and included the authority of eminent domain. The provision for eminent domain will expire on July 10, 2002 without amendment to the Rodeo Redevelopment Plan. To effectively continue to redevelopment the Rodeo community, an amendment to the Redevelopment Plan is necessary and appropriate to extend the deadline to commence eminent domain proceedings by twelve years. The amendment will not add territory to the Project Area, nor grant new authority to the Agency The Rodeo Redevelopment Plan seeks to facilitate economic development, stimulate and attract private investment, create employment opportunities for area residents, improve public facilities and infrastructure, and to expand and improve the supply of affordable housing in the Project Area. Eminent domain may be'necessary to attain the Project Area goals and facilitate improvements.The Rodeo Municipal Advisory Council and the Rodeo community shall always be consulted in the development of projects and prior to the initiation of any eminent domain action. The Rodeo Waterfront/Downtown Task Force, comprised of Rodeo residents,business owners, and Agency staff recommended the extension of the Redevelopment Agency's eminent domain powers in the Final Report of the Rodeo Downtown/Waterfront Task Force--Rodeo Strategic Planning Process. The Redevelopment Agency Is considering extending the eminent domain authority only for the Specific Plan area, the commercial corridor along Parker Avenue between 4t'and 7t'Street, and 700 Parker Avenue. This area represents the focus of the Redevelopment Area as stated in the Rodeo Redevelopment Plan and the Rodeo Waterfront/Downtown Specific Plan. California Redevelopment Law requires a joint public hearing with the Contra Costa County Board of Supervisors be conducted. This action authorized a joint public hearing with the Board of Supervisors and the Redevelopment Agency on May 21, 2002 at 11.00 am at the Board Chambers, 651 Pine Street, Room 107, Martinez, California for the purposes of considering the Plan Amendment and the Report on the Plan Amendment for the Rodeo Redevelopment Project Area. The action further directs Agency staff to: (1) publish a Legal Notice of the joint public hearing not less than once a week for the four successive weeks prior to the public hearing in the West County Times; (2) to mail a copy of the Notice to the last know address as shown on the last equalized assessment roll of Contra Costa County; (3) mail a copy of the Notice to the occupants of each address in the Project Area; thereby providing additional notice to businesses and residents in the Project Area;and (4) mail a copy of the Notice to the governing body of each of the taxing agencies which levies taxes upon any property in the Project Area designated in the proposed Plan Amendment.