ORDINANCE NO. 667
AN ORDINANCE OF THE COUNTY OF RIVERSIDE APPROVING
AND ADOPTING THE REDEVELOPMENT PLAN
FOR AMENDMENT NO. 1 TO REDEVELOPMENT PROJECT NO. 2
AS THE OFFICIAL REDEVELOPMENT PLAN FOR
AMENDMENT NO. 1 TO PROJECT AREA NO. 2
The Board of Supervisors of the
County of Riverside Ordains as Follows:
Section 1. The purposes and intent
of this Board with respect to the area that comprises Amendment No. 1 to
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 Amendment No. 1 to Redevelopment Project No. 2 is hereby approved, adopted,
and designated as the official redevelopment plan for Amendment No. 1 to
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
measures recommended in the Environmental Impact Report for Amendment No. 1 to
Redevelopment Project No. 2 are hereby incorporated into the Redevelopment Plan
for Amendment No. 1 to Redevelopment Project No. 2.
Section 3. The Board hereby finds
and determines that:
a. The area comprising Amendment No.
1 to 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, the Project Area comprising Amendment No. 1 to 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 Amendment No. 1
to the Redevelopment Plan for Redevelopment Project No. 2; Sections 5.0, et
seq. of the Final Environmental Impact Report for Amendment No. 1 to
Redevelopment Project No. 2, Section III of the Report to the Board of
Supervisors for Amendment No. 1 to 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 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 Amendment No. 1 to
Redevelopment Project No. 2; Section V & VI of the Preliminary Report for
Amendment No. 1 to Redevelopment Project No. 2; Sections II and III and
Appendix C of the Redevelopment Plan for Amendment No. 1 to Redevelopment Area
No. 2; and those pertinent portions of the Final Environmental Impact Report
for Amendment No. 1 to Redevelopment Project No. 2 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 Amendment No. 1 to Redevelopment Area
No. 2; Section IV and Subsections D, E and F of Section V of the Preliminary
Report for Amendment No. 1 to Redevelopment Project No. 2; and Section V of the
Redevelopment Plan for Amendment No. 1 to 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 Resolutions adopted by
the Planning Commission of the County of Riverside on August 24, 1988 and November
16, 1988, and Sections 210 and 230 of the Redevelopment Plan for Amendment No.
1 to Redevelopment Project No. 2.
e. The carrying out of the
Redevelopment Plan for Amendment No.
1 to
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 area. Specifically, this finding is based on
Sections V and VI of the Report to the Board of Supervisors for Amendment No. 1
to Redevelopment Project No. 2, Sections II, III and Appendix C to the
Redevelopment Plan for Amendment No. 1 to Redevelopment Project No. 2, and
those pertinent parts of the Preliminary Report for Amendment No. 1 to
Redevelopment Project No. 2, and the Final Environmental Impact Report for
Amendment No. 1 to Redevelopment Project No. 2 that address this issue.
f. The Redevelopment Plan for
Amendment No. 1 to Redevelopment
Project
No. 2 does not provide for the exercise of eminent domain. This finding is
based on Section 321 of the Redevelopment Plan for Amendment No. 1 to
Redevelopment Project No. 2.
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 Amendment No. 1 to Redevelopment Project No. 2 adopted by the Agency
on November 15, 1988, and Sections 330, et seq., of the
Redevelopment Plan for Amendment No. 1 to 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 Amendment No. 1
to Redevelopment Project No. 2 adopted by the Agency on November 15, 1988, and
Sections 330, et seq., of the Redevelopment Plan for Amendment
No. 1 to Redevelopment Project No. 2.
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 Amendment No. 1 to Redevelopment
Project No. 2, Sections 5.0, et seq., of the Final Environmental
Impact Report for Amendment No. 1 to Redevelopment Project No. 2, Section III
of the Report to the Board of Supervisors for Amendment No. 1 to Redevelopment
Project No. 2 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 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, XIII and XV of the Report to the Board of
Supervisors for Amendment No. 1 to 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 13,
1988, all written and oral objections received by the Board of Supervisors
prior to or during the Joint Public Hearing held on December 13, 1988, pursuant
to Section 33355 of the California Health and Safety Code, Riverside County
Resolution No. 88-552, and Riverside County Redevelopment Agency Resolution No.
RDA 88-18, 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 Amendment No. 1 to 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 the
Redevelopment Project for Amendment No. 1 to Redevelopment Project No. 2 that
the site for which a building permit is sought for the construction of
buildings or other improvements is within the Redevelopment Project for
Amendment No. 1 to 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 Amendment No. 1 to 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 Amendment No. 1 to Redevelopment
Project Area No. 2 and a statement that proceedings for the redevelopment of
said Amendment No. 1 to Project Area No. 2 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 Amendment No. 1
to 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 Amendment No. 1 to
Redevelopment
Project Area No. 2; and
c. A copy of this ordinance.
Section 11. This ordinance and the
Redevelopment Plan for Amendment No. 1 to 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 Amendment No. 1 to 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.
Section 12. This ordinance shall
take effect thirty (30) days after the date of adoption.
ADOPTED: 12-19-88 (Eff.: 01-18-89)