ORDINANCE NO. 794
AN ORDINANCE OF THE BOARD OF SUPERVISORS OF
THE
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
(f) The carrying out of the Redevelopment
Plan will promote the public peace, health, safety and welfare of the
(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
SECTION 8:
The
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)