ORDINANCE NO. 677

AN ORDINANCE OF THE COUNTY OF RIVERSIDE APPROVING AND

ADOPTING THE REDEVELOPMENT PLAN FOR AMENDMENT NO. 1 TO

REDEVELOPMENT PROJECT NO. 5-1987 AS THE OFFICIAL REDEVELOPMENT

PLAN FOR AMENDMENT NO. 1 TO PROJECT AREA NO. 5-1987

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 area that comprises Amendment No. 1 to Redevelopment Project Area No. 5-1987 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 th 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. 5-1987 is hereby approved, adopted, and designated as the official redevelopment plan for Amendment No. 1 to Redevelopment Project No. 5-1987 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 Amendment No. 1 to Redevelopment Project No. 5-1987 are hereby incorporated into the Redevelopment Plan for Amendment No. 1 to Redevelopment Project No. 5-1987.

Section 3. The Board hereby finds and determines that:

a. The area comprising Amendment No. 1 to Redevelopment Project Area No. 5-1987 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, Amendment No. 1 to Project Area No. 5-1987 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, dilapidation, mixed character or shifting uses.

This finding is based on the material contained in Sections III ("Description of the Physical, Social and Economic Conditions of the Project") and V ("Conclusions on Blighting Conditions") of the Preliminary Report for Amendment No. 1 to Redevelopment Project Area No. 5-1987; Sections 5.0, et seq. of the Final Environmental Impact Report for Amendment No. 1 to Redevelopment Project No. 5-1987, Section III of the Report to the Board of Supervisors for Amendment No. 1 to Redevelopment Project No. 5-1987 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. 5-1987; Section VII ("Project Description") of the Preliminary Report for Amendment No. 1 to Redevelopment Project No. 5-1987; Sections II and III and Appendix C of the Redevelopment Plan for Amendment No. 1 to Redevelopment Area No. 5-1987; and those pertinent protions of the Final Environmental Impact Report for Amendment No. 1 to Redevelopment Project No. 5-1987 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, XII, and XV of the Report to the Board of Supervisors for Amendment No. 1 to Redevelopment Area No. 5-1987; Section VI ("Methods of Financing the Project") and Subsections D, E and F of Section VII ("Project Description") of the Preliminary Report for Amendment No. 1 to Redevelopment Project No. 5-1987; and Section V of the Redevelopment Plan for Amendment No. 1 to Redevelopment Project No. 5-1987.

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 14, 1989, and Sections 210 and 230 of the Redevelopment Plan for Amendment No. 1 to Redevelopment Project No. 5-1987.

e. The carrying out of the Redevelopment Plan for Amendment No. 1 to Redevelopment Project No. 5-1987 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 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. 5-1987, Sections II, III and Appendix C to the Redevelopment Plan for Amendment No. 1 to Redevelopment Project No. 5-1987, and those pertinent parts of the Preliminary Report for Amendment No. 1 to Redevelopment Project No. 5-1987, and the Final Environmental Impact Report for Amendment No. 1 to Redevelopment Project No. 5-1987 that address this issue.

f. The Redevelopment Plan for Amendment No. 1 to Redevelopment Project No. 5-1987 provides for the exercise of eminent domain only when acquisition by other means fails and the Agency determines that the acquisition is of public benefit. The Agency may not commence eminent domain proceedings beyond twelve (12) years following the date of adoption of this ordinance. This finding is based on Sections 321 and 323 of the Amendment No. 1 to Redevelopment Plan for Project No. 5-1987.

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 Amendment No. 1 to Redevelopment Project No. 5-1987 adopted by the Agency on May 30, 1989, and Sections 330, et seq., of the Redevelopment Plan for Amendment No. 1 to Redevelopment Project No. 5-1987.

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 Amendment No. 1 to Redevelopment Project No. 5-1987 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. 5-1987.

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 III and V of the Preliminary Report for Amendment No. 1 to Redevelopment Project No. 5-1987, Sections 5.0, et seq., of the Final Environmental Impact Report for Amendment No. 1 to Redevelopment Project No. 5-1987, Sections II and III of the Report to the Board of Supervisors for Amendment No. 1 to Redevelopment Project No. 5-1987 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. 5-1987.

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 familyh 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 occupancy.

Section 5. 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. 5-1987.

Section 6. 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 Amendment No. 1 to Redevelopment Project No. 5-1987 that the site for which a building permit is sought for the construction of buildings or other improvements is within Amendment No. 1 to Redevelopment Project Area No. 5-1987.

Section 7. 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. 5-1987.

Section 8. 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. 5-1987 and a statement that proceedings for the redevelopment of said Project Area have been instituted pursuant to Community Redevelopment Law of the State of California (California Health and Safety Code Sections 33000, et seq.)

Section 9. 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. 5-1987 the following:

(a) A copy of the legal description and statement recorded pursuant to Section 8 of this ordinance;

(b) A map indicating the boundaries of Amendment No. 1 to Redevelopment Project Area No. 5-1987; and

Section 10. This ordinance and the Redevelopment Plan for Amendment No. 1 to Redevelopment Project No. 5-1987 and the various parts, sections and clauses thereof are hereby declared severablel. 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. 5-1987 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 delared unconstitutional or invalid.

ADOPTED: 7-5-1989 (Eff.: 8-4-1989)