ORDINANCE NO. 794

AN ORDINANCE OF THE BOARD OF SUPERVISORS OF THE

COUNTY OF RIVERSIDE APPROVING AND ADOPTING THE AMENDED

AND RESTATED REDEVELOPMENT PLAN FOR REDEVELOPMENT PROJECT AREA NO. 4-1986, AMENDMENT NO. 1, THOUSAND PALMS SUB-AREA, TO ADD

TERRITORY, AND TO EXTEND THE TIME LIMIT FOR INCURRING DEBT, AND

FOR THE EFFECTIVENESS OF THE REDEVELOPMENT PLAN, FOR COLLECTING

TAX INCREMENT, AND FOR COMMENCING EMINENT DOMAIN PROCEEDINGS

 

WHEREAS, the Riverside County Board of Supervisors (the “Board of Supervisors”) authorized the Redevelopment Agency for the County of Riverside (the Agency) to commence studies for the amendment of the Redevelopment Plan for Redevelopment Project Area No. 4-1986 (the “Existing Project Area”), including the addition of territory thereto (the “Amendment Area”; together the “Project Area”) and extension of various time limits; and

 

WHEREAS, The Board of Supervisors has received from the Agency, the proposed Amended and Restated Redevelopment Plan for the Redevelopment Project Area No. 4-1986, Amendment No. 1, Thousand Palms Sub-Area (the “Redevelopment Plan”) as approved by the Agency, a copy of which is on file with the Clerk of the Board at the Office of the Clerk of the Board, 4080 Lemon Street, Riverside, CA 92502, together with the report of the Agency prepared pursuant to Section 33352 of the California Health and Safety Code (the “Report to Board of Supervisors”), including the reasons for the selection of the Amendment Area, and a discussion of certain other matters as set forth in Section 33352 of the California Health and Safety Code (the “Code”) including an analysis of the physical and economic conditions existing in the Amendment Area, the proposed method of financing the redevelopment of the Amendment Area, a plan for the relocation of business owners and tenants who may be temporarily or permanently displaced under the Plan as amended, an analysis of the Preliminary Plan, the report and recommendations of the Planning Commission of the County of Riverside (the “Planning Commission”), the minutes of consultations with affected taxing agencies, the Final Environmental Impact Report on the Redevelopment Plan, and an implementation plan; and

 

WHEREAS, the Planning Commission has submitted to the Board of Supervisors of the County of Riverside its report and recommendations for approval of the Redevelopment Plan and its certification that the Redevelopment Plan conforms to the Riverside County Comprehensive General Plan; and

 

WHEREAS, the Board of Supervisors and the Agency held a joint public hearing on June 29, 1999, concerning the adoption of the Redevelopment Plan and the certification of the Final Environmental Impact Report on the Redevelopment Plan; and

 

WHEREAS, notice of the hearing was duly and regularly published in a newspaper of general circulation in the County of Riverside in accordance with Section 33361 of the California Health and Safety Code, and a copy of said notice and affidavit of publication are on file with the Clerk of the Board of the County of Riverside and Secretary of the Agency, and

 

WHEREAS, copies of the notice of joint public hearing were mailed by first class mail to the last known address of each assessee, as shown on the last equalized assessment roll of the County of Riverside, of each parcel of land in the Project Area, to each resident, and to each business as practicable; and

 

WHEREAS, each addressee in the Amendment Area was sent a statement, attached to the notice of joint public hearing, that properties will be subject to acquisition by condemnation under the provisions of the Redevelopment Plan; and

 

WHEREAS, copies of the notice of joint public hearing were mailed by certified mail with return receipt requested to the governing body of each taxing agency which receives taxes from property in the Project Area; and

 

WHEREAS, the Agency adopted a method for the relocation of persons and businesses who may be displaced as a result of carrying out redevelopment activities in accordance with the Plan on November 3, 1998 by Resolution No. RDA 98-20; and

 

WHEREAS, the Board of Supervisors has knowledge of the continuing conditions in the Existing Project Area and the Amendment Area and of the continuing availability of suitable housing for the relocation of families and persons who may be displaced by redevelopment activities, and in light of such knowledge of local housing conditions, has carefully considered and reviewed such program for relocation; and

 

WHEREAS, the Board of Supervisors has considered the report and recommendations of the Planning Commission, the report of the Agency, the Redevelopment Plan and its economic feasibility, the feasibility of the relocation program and the Environmental Impact Report, and has provided an opportunity for all persons to be heard and has received and considered all evidence and testimony presented for or against any and all aspects of the Redevelopment Plan; and

 

WHEREAS, the Agency and the Board of Supervisors have reviewed and considered the Final Environmental Impact Report for the Redevelopment Plan, prepared and submitted pursuant to Public Resources Code Section 21151 and Health & Safety Code Section 33352, and certified the completion of said Environmental Impact Report on July 13, 1999, by Board of Supervisors Resolution No. 99-222.

 

NOW, THEREFORE, the Riverside County Board of Supervisors does ordain as follows:

 

SECTION 1:

The overriding objective of the Redevelopment Plan is to continue efforts at eliminating or alleviating conditions of blight by providing needed public improvements, assistance for the development and rehabilitation of existing properties, the provision of low- and moderate-income housing and other activities authorized by the CRL.  In doing such, the Agency intends to mitigate the effects of inadequate or obsolete design, irregularly shaped and inadequately sized lots, declining property values, and economic maladjustment in the Existing Project Area and the Amendment Area. In eliminating these blighting conditions, this Redevelopment Plan will facilitate development as contemplated in the Riverside County Comprehensive General Plan.

The extension of time limits in the Existing Project Area for the effectiveness of the plans, for incurring debt, for collecting tax increment, and for commencing eminent domain proceedings will allow the Agency to continue the redevelopment activities that it has actively pursued since the adoption of the Existing Project Area in 1986.

The selection of the Amendment Area was generally based upon a desire to eliminate the conditions of blight caused by a number of different physical and economic factors in the Amendment Area.  The following objectives are intended to achieve the Redevelopment Plan’s overall goals for the Amendment Area.

 

1.            To eliminate blighting conditions and to prevent the acceleration of blight in and about the Thousand Palms Project Area.

 

2.            To effect the comprehensive planning, redesign, replanning, reconstruction and/or rehabilitation of the Thousand Palms Project Area in such a manner as to facilitate a higher and better utilization of the land within the Thousand Palms Project Area for uses in accordance with the Riverside County Comprehensive General Plan.

 

3.            To use the redevelopment process and power to promote redevelopment that is consistent with the County's Comprehensive General Plan and the Zoning Ordinance.

 

4.            To encourage the better utilization of real property, and a more efficient and effective circulation system.

 

5.            To provide for adequate parcels and required public improvements to encourage new construction by private enterprise.

 

6.            To promote the rehabilitation of deteriorated residential units, and where deterioration makes rehabilitation infeasible, to demolish and replace such dwellings on a one-for-one basis.

 

In implementing the above goals, the Agency expects to institute the following programs or activities:

 

7.            Encourage development according to the Riverside County Comprehensive General Plan.

 

8.            Promote comprehensive planning, redesign, replanning, reconstruction and/or rehabilitation in such a manner as to achieve a higher and better utilization of the land within the Thousand Palms Project Area.

 

9.            Encourage investment in the Thousand Palms Project Area by the private sector.

 

10.         Promote the development of new and diverse employment opportunities.

 

11.         Enhance and expand shopping facilities in the Thousand Palms Project Area by encouraging the development of new commercial uses and rehabilitation of existing commercial uses in conformance with the Riverside County Comprehensive General Plan and the County Zoning Ordinance.

 

12.         Promote the improvement and centralization of industrial areas to make the provision of public services more efficient.

 

13.         Promote the expansion of the Thousand Palms Project Area’s commercial bases and local employment opportunities to provide jobs to unemployed and underemployed workers in the County.

 

14.         Consolidate parcels as needed to induce new or expanded centralized, commercial development in the Thousand Palms Project Area.

 

15.         Protect the health and general welfare of the Thousand Palms Project Area's many low- and moderate-income residents by utilizing 20% of the tax increment revenues from the Thousand Palms Project Area to improve and preserve the supply of low- and moderate-income housing, including senior housing, both inside and outside the Thousand Palms Project Area.

 

16.         Upgrade the physical appearance of the Thousand Palms Project Area.

 

17.         Rehabilitate deteriorated residential and non-residential structures to eliminate safety deficiencies and to extend the useful lives of these structures.

 

18.         Remove economic impediments to land assembly and in-fill development in areas that are not properly subdivided for development or redevelopment.

 

19.         Eliminate incompatible, non-conforming land uses from the Thousand Palms Project Area.

 

20.         Buffer residential neighborhoods from the intrusion of incompatible land uses and noise.

 

21.         Mitigate potential relocation impacts resulting from changes in Thousand Palms Project Area land use from non-conforming and dilapidated uses to development in conformance with the Riverside County Comprehensive General Plan and the Zoning Ordinance.

 

22.         Provide replacement housing as required by law when dwellings housing low- or moderate-income persons or families are lost to the low- or moderate-income housing market as a result of Agency activities.

 

23.         Provide relocation assistance to displaces in order to mitigate possible hardships due to relocation activities.

 

24.         Provide a broad range of public service infrastructure improvements to induce private investment and improve emergency response in the Thousand Palms Project Area.  Such improvements could include the construction or reconstruction of roads, streets, curbs and gutters, sidewalks; the upgrading of street side landscaping; the construction and reconstruction of water storage and distribution facilities; the construction and reconstruction of sewerage systems; and the development of drainage and flood control facilities.

 

25.         Provide new or improved community facilities such as fire stations, schools, park and recreational facilities, a community center and library, youth center facilities, and the expansion of public health and social service facilities, where appropriate to enhance the public health, safety and welfare.

 

26.         Encourage the cooperation and participation of Thousand Palms Project Area property owners, public agencies and community organizations in the elimination of blighting conditions and the promotion of new or improved development in all portions of the Thousand Palms Project Area.

 

27.         Provide a procedural and financial mechanism by which the Agency can assist, complement and coordinate public and private development, redevelopment, revitalization and enhancement of the community.

 

SECTION 2:

            The Board of Supervisors hereby finds and determines that:

 

(a)       The Existing Project Area continues to be a blighted area pursuant to the Community Redevelopment Law.  The Amendment Area is a blighted area pursuant to Section 33030 of the Community Redevelopment Law.  These findings are based in part on the research and facts contained in the Report to Board of Supervisors.

 

(b)       The Amendment Area is a predominately urbanized area. As demonstrated in part by the Agency's Report to Board of Supervisors, not less than eighty percent (80%) of the property in the Amendment Area is urbanized.

 

(c)       The Redevelopment Plan will assist in continuing Agency efforts to redevelop the Existing Project Area in conformity with the Community Redevelopment Law and in the interests of the public health, safety and welfare, and the Redevelopment Plan will assist in new Agency efforts to redevelop the Amendment Area in conformity with the Community Redevelopment Law and in the interests of the public health, safety and welfare.  This finding is based in part upon the fact that redevelopment of the Project Area will implement the objectives of the Community Redevelopment Law by aiding in the elimination and correction of the conditions of blight, providing for planning, development, redesign, clearance, reconstruction or rehabilitation of properties which need improvement, and providing for higher economic utilization of potentially useful land.

 

(d)       The adoption and carrying out of the Redevelopment Plan is economically sound and feasible.  This finding is based in part on the fact that under the Redevelopment Plan no public redevelopment activity will be undertaken unless the Agency can demonstrate that it has adequate revenue to finance the activity; the Agency's Report to Board of Supervisors further discusses and demonstrates the economic soundness and feasibility of the Redevelopment Plan and undertakings pursuant thereto.

 

(e)       The Redevelopment Plan conforms to the Comprehensive General Plan of the County of Riverside, including, but not limited to, the Housing Element thereof.  This finding is based in part on the finding of the Planning Commission of the County of Riverside that the Redevelopment Plan conforms to the Comprehensive General Plan of the County of Riverside.

 

(f)        The carrying out of the Redevelopment Plan 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 redevelopment will benefit the Project Area and the community by correcting conditions of blight and by coordinating public and private actions to stimulate development, contribute toward needed public improvements and improve the economic, and physical conditions of the Amendment Area and the community.

 

(g)       The condemnation of real property to the extent provided for in the Redevelopment Plan is necessary to the execution of the Redevelopment Plan, and adequate provisions have been made for payment for property to be acquired as provided by law.  This finding is based in part upon the need to assemble sites for development which will result in new economic activity in the Project Area and to prevent the recurrence of blight.

 

(h)          The Agency has a feasible method for the relocation of families and persons displaced from the Project Area.  The Board of Supervisors and the Agency recognize that the provisions of Sections 7260 to 7276 of the California Government Code would be applicable to any relocation that would occur due to the implementation by the Agency of the Redevelopment Plan.  The Board of Supervisors finds and determines that the provision of relocation assistance according to law constitutes a feasible method for relocation.

 

(i)         There shall be 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 any 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 the displaced families and persons, and reasonably accessible to their places of employment.  Families and persons shall not be displaced prior to the adoption of a relocation plan pursuant to Health and Safety Code Sections 33411 and 33411.1.  Dwelling units housing persons and families of low or moderate income shall not be removed or destroyed prior to the adoption of a replacement housing plan pursuant to Health and Safety Code Sections 33334.5, 33413, and 33413.5.  This finding is based upon the Rules, Regulations and Policies for Relocation Assistance and Grievance Procedures for the Riverside County Redevelopment Agency, which was adopted by reference as the relocation method for the Amendment Area pursuant to Riverside County Redevelopment Agency Resolution No. RDA 98-20, and the Housing Element of the Comprehensive General Plan.

 

(j)        The elimination of blight and the redevelopment of the Amendment Area would not reasonably be expected to be accomplished by private enterprise acting alone without the aid and assistance of the Agency.  This finding is based in part upon the continued existence of blighting influences including, without limitation, the demonstrated lack of private sector interest in redeveloping properties in the Amendment Area, structural deficiencies and other indications of blight more fully enumerated in the Agency's Report to Board of Supervisors, and the infeasibility due to cost of requiring individuals (by means of assessments or otherwise) to eradicate or significantly alleviate existing deficiencies in properties and facilities and the inability and inadequacy of other governmental programs and financing mechanisms to eliminate the blighting conditions.

 

(k)       The elimination of blight and the redevelopment of the Amendment Area, and the continuing elimination of blight in the Existing Project Area, would not reasonably be expected to be accomplished by private enterprise acting alone without the aid and assistance of the Agency.  This finding is based in part upon the existence of blighting influences in the Amendment Area and the on-going existence of blight in the Existing Project Area, including, without limitation, the demonstrated lack of private sector interest in redeveloping properties in the Project Area, structural deficiencies and other indications of blight more fully enumerated in the Agency’s Report to Council, and the infeasibility due to cost of requiring individuals (by means of assessments or otherwise) to eradicate or significantly alleviate existing deficiencies in properties and facilities and the inability and inadequacy of other governmental programs and financing mechanisms to eliminate the blighting conditions.

 

(l)         The Redevelopment Plan, as amended, contains adequate safeguards so that the work of redevelopment will be carried out pursuant to the Redevelopment Plan, and it provides for the retention of controls and the establishment of restrictions and covenants running with the land sold or leased for private use for periods of time and under conditions specified in the Redevelopment Plan, which the Board of Supervisors deems necessary to effectuate the purposes of the Community Redevelopment Law.

 

(m)      The time limitations and financial limitations established for the Amendment Area are reasonably related to the projects proposed in the Redevelopment Plan and to the ability of the Agency to eliminate blight within the Project Area.

 

SECTION 3:

            The Board of Supervisors is satisfied that permanent housing facilities will be available within three (3) years from the time occupants of the Amendment Area, if any, are displaced, and that pending the development of such permanent facilities, there will be available to any such displaced occupants temporary housing facilities at rents comparable to those in the County of Riverside at the time of their displacement.

 

SECTION 4:

            The Board of Supervisors has considered written objections, if any, to the Redevelopment Plan and all evidence and testimony for and against the adoption of the Redevelopment Plan.  All written objections, if any, have been overruled.

 

SECTION 5:

            That certain document entitled Amended and Restated Redevelopment Plan for the Redevelopment Project Area No. 4-1986, Amendment No. 1, Thousand Palms Sub- Area, the maps contained therein and such other reports as are incorporated therein by reference, a copy of which is on file in the Office of the Clerk of the Board of the County of Riverside, having been duly reviewed and considered, is hereby incorporated in this Ordinance by reference and made a part hereof.  The Redevelopment Plan is hereby designated, approved and adopted as the official “Amended and Restated Redevelopment Plan for the Thousand Palms Project Area”.

 

SECTION 6:

            In order to implement and facilitate the effectuation of the Redevelopment Plan as hereby approved, the Board of Supervisors hereby (a) pledges its cooperation in helping to carry out the Redevelopment Plan, (b) requests the various officials, departments, boards and agencies of the County of Riverside having administrative responsibilities in the Amendment Area likewise to cooperate to such end and to exercise their respective functions and powers in a manner consistent with the redevelopment of the Amendment Area, (c) stands ready to consider and take appropriate action upon proposals and measures designed to effectuate the Redevelopment Plan, and (d) declares its intention to undertake and complete any proceeding necessary to be carried out by the County of Riverside under the provisions of the Redevelopment Plan.

 

SECTION 7:

            The County Clerk of the Board is hereby directed to send a certified copy of this Ordinance to the Agency, whereupon the Agency is vested with the responsibility for carrying out the Redevelopment Plan.

 

SECTION 8:

            The County Clerk of the Board is hereby directed to record with the County Recorder of Riverside County a description of the land within the Amendment Area and a statement that proceedings for the redevelopment of the Amendment Area have been instituted under the Community Redevelopment Law.

 

SECTION 9:

            The County Clerk is hereby directed to transmit a copy of the description and statement to be recorded by the County Clerk of the Board pursuant to Section 8 of this Ordinance, a copy of this Ordinance and a map or plat indicating the boundaries of the Project Area, to the auditor and tax assessor of the County of Riverside, to the governing body of each of the taxing agencies which receives taxes from property in the Amendment Area and to the State Board of Equalization.

 

SECTION 10:

            The Building Department of the County of Riverside is hereby directed for a period of two (2) years after the effective date of this Ordinance to advise all applicants for building permits within the Amendment Area that the site for which a building permit is sought for the construction of buildings or for other improvements is within a redevelopment project area.

 

 

SECTION 11:

            This Ordinance shall be in full force and effect thirty (30) days from and after the date of final passage.

 

SECTION 12:

            If any part of this Ordinance or the Redevelopment Plan which it approves is held to be invalid for any reason, such decision shall not affect the validity of the remaining portion of this Ordinance or of the Redevelopment Plan, or the Redevelopment Plan as it existed prior to adoption of this Ordinance, and the Board of Supervisors hereby declares it would have passed the remainder of this Ordinance or approved the remainder of the Redevelopment Plan if such invalid portion thereof had been deleted.

 

SECTION 13:

            This Ordinance shall be introduced at least five (5) days prior to the Board of Supervisors meeting at which this Ordinance is to be adopted.  The full text of this Ordinance shall be published and/or be posted as required by law in accordance with Government Code Section 36933.

 

Adopted:  794 Item 3.17 of 07/20/1999  (Eff: 08/19/1999)