ORDINANCE NO. 639
AN ORDINANCE OF THE COUNTY OF RIVERSIDE
APPROVING AND ADOPTING THE REDEVELOPMENT PLAN
FOR REDEVELOPMENT PROJECT NO. 5 AS THE OFFICIAL
REDEVELOPMENT PLAN FOR PROJECT AREA NO. 5.
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 five non-contiguous areas that comprise
Redevelopment Project Area No. 5 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. 5 is hereby approved, adopted, and designated as
the official redevelopment plan for Redevelopment Project No. 5 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. 5 are hereby incorporated into the
Redevelopment Plan for Redevelopment Project No. 5.
SECTION 3. The Board hereby finds
and determines that:
(a) Each of the five non-contiguous areas
comprising Redevelopment Project Area No. 5 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. 5
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. 5; Subsection 5.1 of Section 5.0 of the Draft Environmental Impact
Report for Redevelopment Project No. 5, Section III of the Report to the Board
of Supervisors for Redevelopment Project No. 5 and other pertinent sections of
these documents which discuss the conditions of the Project Area.
(b) The Redevelopment Plan will redevelop
each of the five non-contiguous areas 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. 5 and those pertinent portions of the
Preliminary Report for Redevelopment Project No. 5, the Final Environmental
Impact Report for Redevelopment Project No. 5, 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. 5 and Section V of the Redevelopment Plan for
Redevelopment Project No. 5.
(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. 5.
(e) The carrying out of the Redevelopment
Plan for Redevelopment Project No. 5 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 five non-contiguous areas 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. 5, Sections II, III and
Appendix C to the Redevelopment Plan for Redevelopment Project No. 5, and those
pertinent parts of the Preliminary Report for Redevelopment Project No. 5, and
the Final Environmental Impact Report that address this issue.
(f) The Redevelopment Plan for
Redevelopment Project No. 5 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. 5 adopted by the Agency on
November 17, 1986, and Section 330 of the Redevelopment Plan for Redevelopment
Project No. 5.
(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. 5 adopted by the Agency on
November 17, 1986, and Section 330 of the Redevelopment Plan for Redevelopment
Project No. 5.
(i) All five non-contiguous area comprising
the Project Area are blighted and are 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. 5,
Subsection
5.1 of Section 5.0 of the Draft Environmental Impact Report for Redevelopment
Project No. 5, Section III of the Report to the Board of Supervisors for
Redevelopment Project No. 5 and other pertinent sections of these documents
which discuss the conditions of the five non-contiguous areas 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. 5.
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. 5.
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. 5 that the site for which a building permit is sought
for the construction of buildings or other improvements is within Redevelopment
Project Area No. 5.
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. 5.
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. 5
and a statement that proceedings for the redevelopment of said Project Area No.
5 have been instituted pursuant to Community Redevelopment Law of the State of
California (California Health and Safety Code Sections 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. 5 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. 5; and
c. A
copy of this ordinance.
SECTION 11. This ordinance and the
Redevelopment Plan for Redevelopment Project No. 5 and the various parts,
sections and clauses thereof are hereby declared severable. If any part,
sentence, paragraph, section or clause of this ordinance of said Plan, or any
of the non-contiguous areas, or portions thereof, comprising Redevelopment
Project Area No. 5 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.
SECTION 12. This ordinance shall
take effect thirty (30) days after the date of adoption.
ADOPTED: 12-23-86 (Eff.: 1-22-87)