ORDINANCE NO. 636
AN ORDINANCE OF THE COUNTY OF RIVERSIDE
APPROVING AND ADOPTING THE REDEVELOPMENT PLAN
FOR REDEVELOPMENT PROJECT NO. 2 AS THE OFFICIAL
REDEVELOPMENT PLAN FOR PROJECT AREA NO. 2
The Board of Supervisors of the
County of Riverside, State of California, do ordain as follows:
Section 1. The purposes and intent
of this Board with respect to the area that comprises Redevelopment Project
Area No. 2 are:
(a) To
eliminate the conditions of blight which exist within
the Project Area.
(b) To prevent the recurrence of blighting
conditions within
the Project Area.
(c) To provide for participation by owners
and tenants
and re-entry preferences to persons
engaged in business within the Project Area to participate in the development
of the Project Area; to encourage and insure the development of the Project
Area in the manner set forth in the Redevelopment Plan; and to provide for the
relocation of residents, if any, displaced by the implementation of the
Redevelopment Plan.
(d) To improve or construct public
facilities, roads, and other public improvements and to improve the quality of
the environment in the Project Area to the benefit of the Project Area and the
general public as a whole.
(e) To encourage and foster the
economic revitalization of the Project Area by protecting and promoting the
sound development and utilization of the Project Area and by replanning,
redesigning, or developing those portions of the Project Area that are stagnant
or improperly utilized.
(f) To provide housing as required
to satisfy the needs of the various age, income, and ethnic groups of the
community.
Section 2. The Redevelopment Plan
for Redevelopment Project No. 2 is hereby approved, adopted, and designated as
the official redevelopment plan for Redevelopment Project No. 2 and is hereby
incorporated herein by reference and made a part hereof as if fully set forth
at length herein. All mitigation measurers recommended in the Environmental
Impact Report for Redevelopment Project No. 2 are hereby incorporated into the
Redevelopment Plan for Redevelopment Project No. 2.
Section 3. The Board hereby finds
and determines that:
(a) The
area comprising Redevelopment Project Area No. 2 is a blighted area, the
redevelopment of which is necessary to effectuate the public purposes declared
in the Community Redevelopment Law of the State of California (California
Health and Safety Code Sections 33000 et seq.) (hereinafter
referred to
as
"Community Redevelopment Law"). Specifically, Project Area No. 2 is
characterized by properties which suffer from economic dislocation,
deterioration or disuse because of one or more of the following factors:
(1) the subdividing and sale of lots of
irregular form and shape and inadequate size for proper development;
(2) the existence of inadequate public
improvements, public facilities, open spaces, and utilities which cannot be
remedied by private or governmental action without redevelopment; or
(3) a prevalence of depreciated values,
impaired investments and social and economic maladjustments.
In
addition, the Project Area is characterized by the existence of buildings and
structures, used or intended to be used for living, commercial, industrial, or
other uses, which are unfit or unsafe to occupy for such purposes and are
conducive to ill health, transmission of disease, infant mortality, juvenile
delinquency and crime because of one or more of the following factors:
(1) defective design and character
of physical construction;
(2) faulty
interior arrangement and exterior spacing;
(3) high density of population and
overcrowding; or
(4) age, obsolescence, deterioration,
dilapidation, mixed character or shifting uses.
This
finding is based on the material contained in Section III of the Preliminary
Report for Redevelopment Project No. 2; Subsection 5.1 of Section 5.0 of the
Draft Environmental Impact Report for Redevelopment Project No. 2, Section III
of the Report to the Board of Supervisors for Redevelopment Project No. 2 and
other pertinent sections of these documents which discuss the conditions of the
Project Area.
(b) The
Redevelopment Plan will redevelop the area comprising the Project Area in
conformity with Community Redevelopment Law and in the interests of the public
peace, health, safety and welfare. This finding is based upon the fact that
redevelopment of the Project Area will aid in the elimination and correction of
the conditions of blight, provide for planning, development, redesign,
clearance, reconstruction and rehabilitation of property which need
improvement, and provide for higher economic utilization of potentially useful
land. More specifically this finding is based on Section V of the Report to
Board of Supervisors for Redevelopment Project No. 2 and those pertinent
portions of the Preliminary Report for Redevelopment Project No. 2, the Final
Environmental Impact Report for Redevelopment Project No. 2, and the
Redevelopment Plan that address this issue.
(c) The
adoption and carrying out of the Redevelopment Plan is economically sound and
feasible. This finding is based on Sections IV, V, XII and XV of the Report to
the Board of Supervisors for Redevelopment Project No. 2 and Section V of the
Redevelopment Plan for Redevelopment Project No. 2.
(d) The
Redevelopment Plan conforms to the Comprehensive General Plan of the County of
Riverside. This finding is based on the
Resolution
adopted by the Planning Commission of the County of Riverside on November 26,
1986, and Sections 210 and 230 of the Redevelopment Plan for Redevelopment
Project No. 2.
(e) The
carrying out of the Redevelopment Plan for Redevelopment Project No. 2 will
promote the public peace, health, safety and welfare of the County of Riverside
and will effectuate the purposes and policies of the Community Redevelopment
Law. This finding is based on the fact that the redevelopment of the area
comprising the Project Area will correct the conditions that result in blight,
will cause the coordination of public and private actions to stimulate
development, and will improve the economic, social and physical conditions of
each non-contiguous area. Specifically, this finding is based on Section V of
the Report to the Board of Supervisors for Redevelopment Project No. 2,
Sections II, III and Appendix C to the Redevelopment Plan for Redevelopment
Project No. 2, and those pertinent parts of the Preliminary Report for
Redevelopment Project No. 2, and the Final Environmental Impact Report that
address this issue.
(f) The
Redevelopment Plan for Redevelopment Project No. 2 does not provide for the
condemnation of real property.
(g) The
Agency has a feasible method or plan for the relocation of families and persons
displaced from the Project Area, if the Redevelopment Plan may result in the
temporary or permanent displacement of any occupants of housing facilities in
the Project Area. This finding is based on the Relocation Plan for
Redevelopment Project No. 2 adopted by the Agency on November 17, 1986, and
Section 330 of the Redevelopment Plan for Redevelopment Project No. 2.
(h) There
are, or are being provided, within the Project Area or within other areas not
generally less desirable with regard to public utilities and public and
commercial facilities and at rents or prices within the financial means of the
families and persons who might be displaced from the Project Area, decent, safe
and sanitary dwellings equal in number to the number of and available to such
displaced families and persons and reasonably accessible to their places of
employment. This finding is based on the Relocation Plan for Redevelopment
Project No. 2 adopted by the Agency on November 17, 1986, and Section 330 of
the Redevelopment Plan for Redevelopment Project No. 2.
(i) The
area comprising the Project Area is blighted and is not included for the
purpose of obtaining the allocation of taxes from the area pursuant to Section
33670 of the California Health and Safety Code without substantial
justification for their inclusion. This finding is based on Section III of the
Preliminary Report for Redevelopment Project No. 2, Subsection 5.1 of Section
5.0 of the Draft Environmental Impact Report for Redevelopment Project No. 2,
Section III of the Report to the Board of Supervisors for Redevelopment Project
No. 2 and other pertinent sections of these documents which discuss the
conditions of the area comprising the Project Area.
(j)
Inclusion of any lands, buildings or improvements which are not detrimental to
the public health, safety or welfare is necessary for the effective
redevelopment of the entire area of which they are a part, that any area
included is necessary for effective redevelopment and is not included for the
purpose of obtaining the allocation of tax increment revenues from said area
pursuant to Section 33670 of the California Health and Safety Code without
other substantial justification for its inclusion. This finding is based upon
the fact that the boundaries of the Project Area were chosen as a unified and
consistent whole to include lands that were underutilized because of blighting
influences, or affected by the existence of blighting influences, and land uses
significantly contributing to the conditions of blight, whose inclusion is
necessary to accomplish the objectives and benefits of the Redevelopment Plan.
(k) 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. This finding is based upon the
existence of blighting influences, including the lack of adequate public
improvements and facilities, and the inability of individual developers to
economically remove these blighting influences without substantial public
assistance in providing adequate public improvements and facilities, the
inability of low-and moderate-income persons to finance needed improvements and
the inadequacy of other governmental programs and financing mechanisms to
eliminate the blight including the provision of necessary public improvements
and facilities.
(l) The
effect of tax increment financing that is provided for in Section 510 of the
Redevelopment Plan will not cause significant financial burden or detriment on
any taxing agency deriving revenues from the Project Area. This finding is
based on Sections XII and XV of the Report to the Board of Supervisors for
Redevelopment Project No. 2.
Section 4. The Board is satisfied
permanent housing facilities will be available within three (3) years from the
time occupants of the Project Area are displaced, if any, and that pending the
development of such facilities, there will be available to such displaced
occupants adequate temporary housing facilities at rents comparable to those in
the County of Riverside at the time of their displacement. No persons or
families of low and moderate income shall be displaced from residences unless
and until there is a suitable housing unit available and ready for occupancy by
such displaced person or family at rents comparable to those at the time of
their displacement. Such housing units shall be suitable to the needs of such
displaced persons or families and must be decent, safe, sanitary and otherwise
standard dwellings. The Agency shall not displace such person or family until
such housing units are available and ready for occupancy.
Section 5. Unless specifically acted
upon by the Redevelopment Agency for the County of Riverside on December 8,
1986, all written and oral objections received by the Board of Supervisors
prior to or during the Joint Public Hearing held on December 8, 1986, pursuant
to Section 33355 of the California Health and Safety Code, Riverside County
Resolution No. 86-500, and Riverside County Redevelopment Agency Resolution No.
RDA 86-14, are hereby overruled.
Section 6. It is the intent of the
Board of Supervisors that the County of Riverside, its departments, agencies,
boards, commissions and officers will undertake and complete all proceedings
that are necessary to be carried out by the County under the provisions of the
Redevelopment Plan for Redevelopment Project No. 2.
Section 7. Pursuant to Section 33374
of the California Health and Safety Code, the Department of Building and Safety
for the County of Riverside shall, for the two (2) year period following the
adoption of this ordinance, advise all applicants for a building permit in
Redevelopment Project No. 2 that the site for which a building permit is sought
for the construction of buildings or other improvements is within Redevelopment
Project Area No. 2.
Section 8. Pursuant to Section 33372
of the California Health and Safety Code, the Clerk of the Board of Supervisors
is hereby directed, upon the filing of this ordinance, to send a certified copy
of this ordinance to the Executive Director of the Redevelopment Agency for the
County of Riverside and said Agency is hereby vested with the responsibility for
carrying out the Redevelopment Plan for Redevelopment Project No. 2.
Section 9. Pursuant to Section 33373
of the California Health and Safety Code, the Clerk of the Board of
Supervisors, within thirty (30) days of the adoption of this ordinance, is to cause
to be recorded with the Office of the County Clerk and Recorder for the County
of Riverside, a legal description of Redevelopment Project Area No. 2 and a
statement that proceedings for the redevelopment of said Project Area No. 2
have been instituted pursuant to Community Redevelopment Law of the State of
California (California Health and Safety Code Section 33000 et seq.).
Section 10. Pursuant to Section
33375 of the California Health and Safety Code, the Clerk of the Board of
Supervisors, within thirty (30) days of the adoption of this ordinance, shall
send to the California State Board of Equalization, the Treasurer-Tax Collector
and the Auditor-Controller for the County of Riverside, and the governing body
of each taxing agency which levies taxes upon any property in Redevelopment
Project Area No. 2 the following:
a. A copy of the legal description and
statement recorded pursuant to Section 9 of this ordinance;
b. A map indicating the boundaries of
Redevelopment Project Area No. 2; and
c. A copy of this ordinance.
Section 11. This ordinance and the
Redevelopment Plan for Redevelopment Project No. 2 and the various parts,
sections and clauses thereof are hereby declared severable. If any part,
sentence, paragraph, section or clause of this ordinance or said Plan, or any
portion that comprises Redevelopment Project Area No. 2 is adjudged
unconstitutional or invalid the remainder of this ordinance, said Plan, or said
Project Area shall not be affected thereby. The Board of Supervisors hereby
declares that it would have passed this ordinance and each part thereof,
regardless of the fact that one or more parts of this ordinance, said Plan, or
said Project Area are declared unconstitutional or invalid.
ADOPTED: 12-23-86 (Eff.: 1-22-87)