ORDINANCE
NO. 658
AN
ORDINANCE OF THE COUNTY OF RIVERSIDE
APPROVING
AND ADOPTING THE REDEVELOPMENT PLAN
FOR
REDEVELOPMENT PROJECT NO. 1-1988 AS THE OFFICIAL
REDEVELOPMENT
PLAN FOR PROJECT AREA NO. 1-1988
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 area that comprises Redevelopment Project Area No. 1-1988 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.
B 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. 1-1988 is hereby approved, adopted, and designated as
the official redevelopment plan for Redevelopment Project No. 1-1988 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. 1-1988 are hereby
incorporated into the Redevelopment Plan for Redevelopment Project No. 1-1988.
Section 3. The Board hereby finds and determines that:
(a) The
area comprising Redevelopment Project Area No. 1-1988 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. 1-1988 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 esistence 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 matarial contained in Section III of the Preliminary
Report for Redevelopment Project Area No. 1-1988; Sections 5.0, et seq.
of the Final Environmental Impact Report for Redevelopment Project No. 1-1988,
Section III of the Report to the Board of Supervisors for Redevelopment Project
No. 1-1988 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 needs
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. 1-1988; Section V
of the Preliminary Report for Redevelopment Project No. 1-1988; Sections II and
III and Appendix C of the Redevelopment Plan for Redevelopment Area No. 1-1988;
and those pertinent protions of the Final Environmental Impact Report for
Redevelopment Project No. 1-1988 that address this issue.
8 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 Area No. 1-1988; Section IV and
Subsections D, E and F of Section V of the Preliminary Report for Redevelopment
Project No. 1-1988; and Section V of the Redevelopment Plan for Redevelopment
Project No. 1-1988.
(d) The
Redevelopment Plan conforms to the Comprehensive General Plan of the County of
Riverside. This finding is based on the Resolutions adopted by the Planning
Commission of the County of Riverside on June 1 and June 29, 1988, and Sections
210 and 230 of the Redevelopment Plan for Redevelopment Project No. 1-1988.
(e) The
carrying out of the Redevelopment Plan for Redevelopment Project No. 1-1988
will promote the public peace, health, safety and welfare of the County of
Riverside and will effectuate the purp[oses 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
area. Specifically, this finding is based on Sections V and VI of the Report to
the Board of Supervisors for Redevelopment Project No. 1-1988, Sections II, III
and Appendix C to the Redevelopment Plan for Redevelopment Project No. 1-1988,
and those pertinent parts of the Preliminary Report for Redevelopment Project
No. 1-1988, and the Final Environmental Impact Report for Redevelopment Project
No. 1-1988 that address this issue.
(f)
The Redevelopment Plan for Redevelopment
Project No. 1-1988 does not provide for the exercise of eminent domain. This
finding is based on Section 321 of the Redevelopment Plan for Project No.
1-1988.
(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. 1-1988 adopted by the Agency on May 10,
1988, and Sections 330, et seq., of the Redevelopment Plan for
Redevelopment Project No. 1-1988.
(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 employemtn. This finding is based on the
Relocation Plan for Redevelopment Project No. 1-1988 adopted by the Agency on
May 10, 1988, and Sections 330, et seq., of the Redevelopment Plan for
Redevelopment Project No. 1-1988.
(I) All
the areas 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 Sections II and III of the Preliminary Report for Redevelopment
Project No. 1-1988, Sections 5.0, et seq., of the Final
Environmental Impact Report for Redevelopment Project No. 1-1988, Section III
of the Report to the Board of Supervisors for Redevelopment Project No. 1-1988
and other pertinent sections of these documents which discuss the conditions of
the 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
property owners and evelopers 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.
(1) 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, XIII and XV of the Report to the Board of Supervisors
for Redevelopment Project No. 1-1988.
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 June 28, 1988, all
written and oral objections received by the Board of Supervisors prior to or
during the Joint Public Hearing held on June 28, 1988, pursuant to
Section 33355 of the
California Health and Safety Code, Riverside County Resolution No. 88-224, and
Riverside County Redevelopment Agency Resolution No. RDA 88-5, 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. 1-1988.
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. 1-1988 that the site for which a building permit is sought for the
construction of buildings or other improvements is within Redevelopment Project
Area No. 1-1988.
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. 1-1988.
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. 1-1988 and a
statement that proceedings for the redevelopment of said Project Area No.
1-1988 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. 1-1988 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. 1-1988; and
8 copy of this ordinance.
Section 11. This ordinance and the Redevelopment Plan for
Redevelopment Project No. 1-1988 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. 1-1988 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: 7-12-1988
(Eff.: 8-11-88)