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HomeMy WebLinkAbout93-162RESOLUTION OF THE BUTTE COUNTY BDARD OF SUPERVISORS, ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY DF THE COUNTY OF BUTTE, CLARIFYING THE INTENT AND POWERS CONTAINED IN THE REDEVELOPMENT PLAN FOR THE GREATER CHICO URBAN AREA REDEVELOPMENT PRO~'ECT AREA WHEREAS, in accordance with the California Community Redevelopment Law {Health and Safety Code Section 33000 et seq.), the Chico Redevelopment Agency {the "Agency") prepared and submitted to the City Council of the City of Chico {the "City Council") and the Board of Supervisors of the County of Butte (the "Board of Supervisors") a proposed Redevelopment Plan (the "Redevelopment Plan") for the Greater Chico Urban Area Redevelopment Project {the "Project"); and WHEREAS, the Project consists of both incorporated area within the City of Chico {the "City") and certain unincorporated area within the County of Butte (the "County"}; and WHEREAS, a cooperative agreement between the City and County was approved by both parties in December of 1992, which provides authority for the Agency to undertake all steps necessary to adapt a Redevelopment Plan including certain unincorporated area within the County; and WHEREAS, the City Council and Agency held a joint public hearing on October 7, 1993, on adoption of the Redevelopment Plan and to provide an opportunity for all persons to be heard and to receive and consider all written continents received and CM-MA IO/Z1193 Page 1 of 11 PS-730-1 evidence and testimony presented for or against any and all aspects of the Redevelopment Plan; and WHEREAS, Resolution No. 59 93-94 was approved by the City Council on October 14, 1993, which adopted written findings in response to such written objections xeceived; and WHEREAS, the Butte County Boaxd of Supexvisors desires to further clarify certain intentions and powers contained in the Redevelopment Plan. NOW, THEREFORE, THE BUTTE COUNTY BOARD OF SUPERVISORS, ACT'Il~l'G IN ITS CAPACITY AS THE LEGISLATIVE BODY OF THE COUNTY OF BUTTE, DOES HEREBY RESOLVE AS FOLLOWS: 1. The County shall retain control and enforcement of all land use decisions {including the issuance of permits, the determination of requirements for off-site improvements, the determination whether a property usage does or does not conform to the County's General Plan, and architectural review requirements, etc.) within the unincorporated portions of the Project Area. Adoption of the Plan will not create an additional layer of land use controls within the County and there will be no transfer of authority fram the Caunty to the Agency or City with regard to land use decisions and regulations, with the exception of meeting City design standards and payment of applicable fees when connecting to the sewer. T'he Plan simply requires that land use controls within the Project Area be consistent with the County's General Plan for area within the County and the City's General Plan for area within the City. It is clarified that Section 427 of the Plan does not authorize CM-MA 10/21/93 Page 2 of 11 PS-730-1 the Agency to establish additional permit procedures in the unincorporated portions of the Project Axea. 2. The Agency does not have the authority to impose additional fees. 3. The Agency can not require improvements to be made on private property, nor can the Agency enter onto private property to construct improvements without the direct consent of the property owner. 4. The Agency can not require the abandonment of septic systems nor connection to sanitary sewer facilities. The Plan provides only a means to financially assist in the removal of septic tanks and the provision of sewer facilities if an owner requests connection to the sewer, or if the State enforces its Prohibition Order. 5. Owner participation agreements, pursuant to Sections 303, 305 and 306 of the Plan, shall be strictly voluntary. Private property owners shall not be required to enter into a participation agreement unless desired by the property owner. Chapter III, Section B, Subsections 303 through 306 of the Plan, in their entirety, are operative only where a property owner chooses to enter into an owner participation agreement with the Agency. 6. The Agency has authority to demolish or remove buildings or structures anly when such buildings or structures are owned by the Agency, City, County, or other public agency. Chapter III, Section H, Subsections 317 and 318 of the Plan, in their entirety, are operative only where the buildings or structures are owned by the Agency, City, County, or other public agency. 7. Public improvements can be constructed outside the Project Area only if the CM-MA to1z~193 Page 3 of 11 P5-73Q-J. improvements are of benefit to the Project Area, with the exception of improvements constricted with low and moderate income housing funds. 8. Adoption of the Plan by the City Council, and approval of the Plan by the Board of Supervisors, will provide authority to the Agency to implement only the redevelapment projects as contained in the Plan. It is, and always has been, the intention of the Agency and City to work in cooperation with the County in preparation of the Plan and implementation of the redevelopment projects, as evidenced by the following: A. Pursuant to Section 33213 of the Health and Safety Code, the County adopted Ordinance Nos. 2946 and 3Q46 on August 6, 1992 and January 12, 1993, respectively, authorizing the City to prepare a Redevelopment Plan including portions of the County that are within the Project Area. B. Section 33213 also requires that the Redevelopment Plan be approved by the County of Butte. Such approval provides authority to the Agency to undertake the list of improvement projects contained in the Plan as developed by an Ad Hoc Committee consisting of both County and City representatives. C. On October 5, 1993, the City established a Redevelopment Committee composed of County and City representatives whose duties include ongoing oversight and maldng recommendations concerning the specific implementation and timing of the projects contained in the Plan. D. The Plan contains controls ensuring that the implementation of the CM-MA 10/21/93 Page 4 of 11 PS-73U-1 redevelopment projects contained in the Plan which are located in the County area within the Project Area will be in conformance with the County's land use and development requirements, as interpreted, administered and enforced by the County. Specifically: i. Section 324 of the Plan states that development plans within the County area must conform to the General Plan of the County. ii. Sections 403-407 designates the various land uses within the Project Area, but all the land uses within the County area are as described and permitted in the County General Plan. iii. Section 409 states that any changes in the existing interior or exterior street layout within the County area must be in accordance with the County General Plan. iv. Section 4I3 states that the County area is subject to the County's General Plan and other County development controls and limitations. v. Section 416 and 417 state that the number of buildings and dwelling units in the County area shall be the number permitted in the County's General Plan. vi. Section 420 states that all signs within the County area must conform to the County sign ordinance. vii. Section 424 states that no parcel shall be subdivided within the County area without approval of the County. viii. Section 427 states that na permit for construction within the C'M-MA 10/211'3 Page S of 11 PS-730-1 County area shall be issued until it has been processed by the CQUnty in a manner consistent with County requirements. 9. The Agency can not acquire real property by eminent domain based on the following: A. Section 309 of the Redevelopment Plan clearly precludes the Agency from acquiring real property by eminent domain. B. Section 33350 of the Community Redevelopment Law requires that each assessee whose property would be subject to acquisition by condemnation under a proposed redevelopment plan be sent a statement to that effect attached to the notice of public hearing. Since the Plan precludes eminent domain, na such statements were required or attached to the notice of public hearing on the Plan. Since such statements were not sent, the Agency is now and will remain without authority to acquire property by eminent domain. 10. The Agency has not made an official finding of fact regarding the nitrate issue, rather has relied on existing data in providing evidence in the Report to Council. The Agency's Report to Council contains data and facts based on studies conducted by the Department of Water Resources, and is further based on the California Regional Water Quality Control Board Prohibition Order No. 90-126, which requires the abandonment of septic tanks on lots of less than one acre in size by 3uly of 1.995. The County has likewise relied upon such information and has not made an official finding of fact regarding the nitrate issue. Further study is being conducted in relation to the scope, extent and sources of elevated nitrate levels in CM-MA 10IL11'93 Page 6 of 11 PS-730-1 groundwater aquifers in and around areas subject to the Prohibition Order. Such study may be used tv support potential reduction of the unincorporated area required to be sewered under the Prohibition Order. Therefore, it is the policy of the Agency that no redevelopment funds shall be expended on sewer construction made mandatory by the Order until such time as the study is complete and the Prohibition Order is deemed final in all respects, or unless a property owner desires to connect to the sewer system. 11. Adoption of the Plan will be of benefit rather than a detriment to the residents of the County area of the Project Area. The Plan provides evidence that the majority of the benefit of tax increment funds from the Project Area as a whole is anticipated to be used to eliminate the inadequate public improvements within the County area of the Project Area. Far example, the Plan provides for $43,300,000 to expand trunk lines, mains and the treatment plant, plus $40,000,000 for sewer laterals for low and moderate income households within the entire Project Area (County and City area}. However, Attachment No. S of the Plan shows that if the County does not approve the Plan and the County area is not included in the Project Area, the Plan provides only $2,200,000 to expand trunk lines, mains and the treatment plant, plus $2,000,000 for sewer laterals for low and moderate income households. 12. The Plan provides for construction of two fire stations, one of which was foreseen to be located at Oak Way and the other to be located at Frontier Circle. Both fire stations are located within the County portion of the Project Area and will be of benefit to residents of the County. The County and City have entered into a mutual CM-MA. I021193 Page 7 of ll. PS-73(}-1 aid agreement which provides the ability to request aid from the other jurisdiction if and when resources are exhausted and/or a need for assistance occurs. 13. Property disposition and development agreements, pursuant to Sections 321, 322, 323, and 324 of the Plan, shall be strictly voluntary. Private property owners shall not be required to enter into a disposition and development agreement unless desired by the property owner. Chapter III, Sectian I, Subsections 321 through 324 of the Plan, in their entirety, axe operative only where a property owner chooses to enter into a disposition and development agreement with the Agency. 14. The Agency does not possess the authority to require additions, alterations, repairs or other improvements to nonconforming uses in the unincorporated portions of the Project Area. As stated in Section 1 above, the County will retain control and enforcement of all land use decisions, including issuance of building permits, within the unincorporated portions o€ the Project Axea. The Agency does not have the authority to require improvements, set forth in Seclion 414 of the Plan, within the unincorporated portions of the Project Area. The Agency may, however, authorize improvements for uses which do not conform to the Plan only if a property owner desires to voluntarily enter into an owner participation agreement with the Agency. 15. Section 413 of the Plan states that areas of the Project Area located in the unincorporated portion of the Project Area are subject to the County's General Plan and the general controls and limitations of the County. The Agency does not possess the authority to place controls and requirements upon private property located in the unincorporated portions of the Project Area. CM-MA IOfL1/93 Page S of 11 PS-730-1 16. Section 41,4 of the Plan states that all construction in the Project Area shall comply with all applicable state and local laws and codes in effect at the time of permit processing. As stated in Section 1 above, the County will issue all permits in the unincorporated portions of the Project Area, with. the exception of sewer connection. The Agency does not possess the authority to place additional performance and development standards on construction in the unincorporated portions of the Project Area, with the exception of design standards for sewer connection. 17. The County shall retain the authority to determine whether a use or structure which by reason of appearance, traffic, smoke, glare, noise, odor or similar factors would be permitted in the unincorporated portions of the Project Area. 18. The Agency does not possess the authority to impose controls (conditional use permits or other means} or limitations on parcels in the unincorporated portion of the Project Area to ensure their development and use within the limits of the Plan. The Agency's Report to Council contains data and facts based on studies conducted by the Department of Water Resources, and is further based on the California Regional Water Quality Control Board Prohibition Order No. 90-125, which requires the abandonment of septic tanks on lots of less than one acre in size by July of 1995. Further study is being conducted in relation to the scope, extent and sources of elevated nitrate levels in groundwater aquifers in and around areas subject to the Prohibition Order. Such study may be used to support potential reduction of the unincorporated area required to be sewered under the Prohibition Order. Therefore, it is the policy of the Agency that na redevelopment funds shall CM-MA 1Or21193 Page 9 of 11 PS-730-1 be expended on sewer construction made mandatory by the Order until such time as the study is complete and the Prohibition Order is deemed final in all respects, ar unless a property owner desires to connect to the sewer system. 19. On October 5, 1993, the City established a Redevelopment Committee for the purpose of monitoring and making recommendations to the Chico Redevelopment Agency on such matters as the selection and timing for implementation of projects contained in the Plan. The Committee is composed of two members of the County Board of Supervisors, two members of the City Council, the Executive Director of the Agency, a representative of the County Chief Administrative Offices, one member of the public appointed by the Board of Supervisors and one member of the public appointed by the City Council. The Committee will meet periodically, and at least annually, to review and make recommendations to the Redevelopment Agency concerning the specific implementation and sequencing of improvement projects contained in the Plan. Recommendations will be submitted to the Agency prior to January 31st of each year in order to coincide with the City's annual budget process. The meetings are required to be noticed and conducted in compliance with Government Code Section 54950. CM-MA 10211'93 Page 10 of 11 PS-730-1 The foregoing Resolution was adopted by the Butte County Board of Supervisors of the County of Butte, acting in its capacity as the legislative body of the County of Butte, at its meeting held on the z 6 ~~ day of a c r ob e r , , , . , .~ 1993, by the following vote: AYES: Supervisors Meyer, Dolan, Thomas`and,Vice Chair-.McLaughlin NOES: None ABSENT: Chaa.x Houx NOT VOTING: None yrn~ r Ed McLaugii Yhlin, Vice air of the Butte County Bvaxd of Supervisors ATTEST: JOHN S. BLACKLOCK, Chief Administrative Officer and Clerk of the B a d By i CM-MA 10/Z1193 Page 11 of 11 PS-730-i