ORDINANCE NO. 645
AN ORDINANCE OF THE COUNTY OF RIVERSIDE
APPROVING AND ADOPTING THE REDEVELOPMENT PLAN
FOR REDEVELOPMENT PROJECT NO. 2-1987 AS THE OFFICIAL
REDEVELOPMENT PLAN FOR PROJECT AREA NO. 2-1987
The Board of Supervisors of the
County of Riverside, State of California, does ordain as follows:
Section 1. The purposes and intent
of this Board with respect to the two non-contiguous area that comprise
Redevelopment Project Area No. 2-1987 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. 2-1987 is hereby approved, adopted, and
designated as the official redevelopment plan for Redevelopment Project No.
2-1987 and is hereby incorporated herein by reference and made a part hereof as
if fully set forth at length herein. All mitigation measures recommended in the
Environmental Impact Report for Redevelopment Project No. 2-1987 are hereby
incorporated into the Redevelopment Plan for Redevelopment Project No. 2-1987.
Section 3. The Board hereby finds
and determines that:
a. The two non-contiguous areas
comprising Redevelopment
Project
Area No. 2-1987 are blighted areas, 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. 2-1987 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,
delipidation, mixed
character
or shifting uses.
This finding is based on the
material contained in Section
III and
Appendix A of the Preliminary Report for Redevelopment Project Area No. 2-1987;
Sections 5.0, et seq. of the Final Environmental Impact Report
for Redevelopment Project No. 2-1987, Section III of the Report to the Board of
Supervisors for Redevelopment Project No. 2-1987 and other pertinent sections
of these documents which discuss the conditions of the Project Area.
b. The Redevelopment Plan will
redevelop the two non-contiguous
area comprising
the Project Area in conformity the 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 Sections V
and VI of the Report to Board of Supervisors for Redevelopment Project No.
2-1987; Section V of the Preliminary Report for Redevelopment Project No.
2-1987; Sections II and III and Appendix C of the Redevelopment Plan for Redevelopment
Area No. 2-1987; and those pertinent portions of the Final Environmental Impact
Report for Redevelopment Project No. 2-1987 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, XIII, XIV and XVI
of the Report to the Board of Supervisors for Redevelopment Area No. 2-1987;
Section IV and Subsections D, E and F of Section V of the Preliminary Report
for Redevelopment Project No. 2-1987; and Section V of the Redevelopment Plan
for Redevelopment Project No. 2-1987.
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 18, 1987, and
Sections 210 and 230 of the Redevelopment Plan for Redevelopment Project No.
2-1987.
e. The carrying out of the
Redevelopment Plan for Redevelopment
Project
No. 2-1987 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 two 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 area. Specifically, this finding if
based on Sections V and VI of the Report to the Board of Supervisors for
Redevelopment Project No. 2-1987, Sections II, III and Appendix C to the
Redevelopment Plan for Redevelopment Project No. 2-1987, and those pertinent
parts of the Preliminary Report for Redevelopment Project No. 2-1987, and the
Final Environmental Impact Report for Redevelopment Project No. 2-1987 that
address this issue.
f. The Redevelopment Plan for
Redevelopment Project No. 2-1987
does
provide for the exercise of eminent domain but the exercise of such power is
restricted by Section 321 of the Redevelopment Plan for Project No. 2-1987.
This limited use of the condemnation of real property is necessary to the
execution of the Redevelopment Plan for Project No. 2-1987 and adequate
provisions have been made for the payment for property to be acquired as
provided by law. This finding is based on Section 321 of the Redevelopment Plan
for Project No. 2-1987 and Section X of Report to Board of Supervisors for
Redevelopment Project No. 2-1987.
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. 2-1987 adopted by the Agency on November 3,
1987, and Sections 330, et seq. of the Redevelopment Plan for
Redevelopment Project No. 2-1987.
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. 2-1987 adopted by the Agency on November 3, 1987, and
Sections 33, et seq. of the Redevelopment Plan for Redevelopment
Project No. 2-1987.
i. The two non-contiguous areas
comprising the Project area are
blighted
and are not included for the purpose of obtaining the allocation of taxes from
the areas pursuant to Section 33670 of the California Health and Safety Code
without substantial justification for their inclusion. This finding is based on
Sections II and III of the Preliminary Report for Redevelopment Project No. 2-1987,
Section 5.0 et seq. of the Draft Environmental Impact Report for
Redevelopment Project No. 2-1987, Section III of the Report to the Board of
Supervisors for Redevelopment Project No. 2-1987 and other pertinent sections
of these documents which discuss the conditions of the two 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 fund 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 XIII, XIV and XVI of the Report to the Board of
Supervisors for Redevelopment Project No. 2-1987.
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 7,
1987, all written and oral objections received by the Board of Supervisors
prior to or during the joint Public Hearing held on December 7, 1987, pursuant
to Section 33355 of the California Health and Safety Code, Riverside County
Resolution No. 87-457, and Riverside County Redevelopment Agency Resolution No.
RDA 87-10, 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. 2-1987.
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. 2-1987 that the site for which a building permit is
sought for the construction of buildings or other improvements is within
Redevelopment Project Area No. 2-1987.
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. 2-1987.
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.
2-1987 and a statement that proceedings for the redevelopment of said Project
Area No. 2-1987 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. 2-1987 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.
2-1987; and
c. A copy of this ordinance.
Section 11. This ordinance and the
Redevelopment Plan for Redevelopment Project No. 2-1987 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. 2-1987 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 (3) days after the date of adoption.
Adopted: 12-22-87 (Eff: 1-21-88)