ORDINANCE N0. 800
AN ORDINANCE OF THE BOARD OF
SUPERVISORS OF THE
COUNTY OF RIVERSIDE APPROVING AND
ADOPTING THE REDEVELOPMENT PLAN FOR REDEVELOPMENT PROJECT AREA NO. 1-1986,
AMENDMENT NO. 2, EL CERRITO/TEMESCAL CANYON SUB-AREA
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 No. 1-1986 (the "Existing Project Area"), including the addition of territory thereto (the "El Cerrito/Temescal Canyon Sub-Area") (together, the "Project Area"); and
WHEREAS, The Board of Supervisors has received from the Agency, the proposed Redevelopment Plan for the Redevelopment Project Area No. 1-1986, Amendment No. 2, El Cerrito/Temescal Canyon 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 El Cerrito/Temescal Canyon Sub-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 El Cerrito/Temescal Canyon Sub-Area, the proposed method of financing the redevelopment of the El Cerrito/Temescal Canyon Sub-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, on October 20, 1999, 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 November 30, 1999, concerning the adoption of 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 El Cerrito/Temescal Canyon Sub-Area, to each resident, and to each business as practicable; 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 El Cerrito/Temescal Canyon Sub-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 conditions in the El Cerrito/Temescal Canyon Sub-Area and of the 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 December 14, 1999, by Board of Supervisors Resolution No. 99-444.
NOW, THEREFORE, the Board of Supervisors of the County of Riverside does ordain as follows:
Section 1: The overall objective of the Redevelopment Plan is to provide for the elimination or alleviation of physical and economic conditions of blight. Broadly stated, these conditions include physical deterioration of buildings and facilities both public and private, inadequate public improvements and facilities that are essential to the health and safety of local residents and businesses, areas of incompatible land uses, lots of irregular form and shape and of inadequate size for proper development, parcels suffering from depreciated values and impaired investments, and a variety of other conditions that are a threat to the public health, safety, and welfare.
IN ELIMINATING BLIGHTING CONDITIONS, THIS PLAN
IS INTENDED TO ACHIEVE THE FOLLOWING GOALS:
1. To eliminate blighting conditions and to prevent the acceleration of blight in and about the El Cerrito/Temescal Canyon Sub-Area.
2. To effectuate the comprehensive planning, redesign, replanning, reconstruction and/or rehabilitation of the El Cerrito/Temescal Canyon Sub-Area in such a manner as to facilitate a higher and better utilization of the land within the El Cerrito/Temescal Canyon Sub-Area for uses in accordance with the Riverside County Comprehensive General Plan (hereinafter "Comprehensive General Plan").
3. To use the redevelopment process and provisions permitted by the Redevelopment Law to promote redevelopment that is consistent with the Comprehensive General Plan and the Riverside County Zoning Ordinance (hereinafter "Zoning Ordinance").
4. To encourage the better utilization of real property, & a more efficient, 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 through the provision of grants & loans to property owners. Where deterioration makes rehabilitation infeasible, the Agency will assist property owners in the demolition & replacement of such residential units on a one-for-one basis.
IN IMPLEMENTING THE ABOVE GOALS, THE AGENCY
EXPECTS TO INSTITUTE THE FOLLOWING PROGRAMS OR ACTIVITIES:
· Encourage development according to the Comprehensive General Plan.
· 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 El Cerrito/Temescal Canyon Sub-Area.
· Encourage investment in the El Cerrito/Temescal Canyon Sub-Area by the private sector.
· Promote the development of new and diverse employment opportunities.
· Enhance and expand shopping facilities in the El Cerrito/Temescal Canyon Sub-Area by encouraging the development of new commercial uses and the rehabilitation of existing commercial uses in conformance with the Comprehensive General Plan and the Zoning Ordinance.
· Promote the improvement and centralization of industrial areas to make the provision of public services more efficient.
· Promote the expansion of the El Cerrito/Temescal Canyon Sub-Area’s commercial base and local employment opportunities to provide jobs to unemployed and underemployed workers in the County of Riverside (hereinafter "County").
· Consolidate parcels as needed to induce new or expanded commercial development in the El Cerrito/Temescal Canyon Sub-Area.
· Protect the health and general welfare of the El Cerrito/Temescal Canyon Sub-Area's many low- and moderate-income residents by utilizing 20% of the tax increment revenues from the El Cerrito/Temescal Canyon Sub-Area to improve and preserve the supply of low- and moderate-income housing, including senior housing, both inside and outside the El Cerrito/Temescal Canyon Sub-Area.
· Upgrade the physical appearance of the El Cerrito/Temescal Canyon Sub-Area.
· Assist with rehabilitation of deteriorated residential and non-residential structures to eliminate safety deficiencies and to extend the useful lives of these structures, by providing grants and low-interest loans to interested residents.
· Remove economic impediments to land assembly and in-fill development in areas that are not properly subdivided for development or redevelopment through acquisition of real property except through eminent domain.
· Create weed abatement and graffiti removal programs in El Cerrito/Temescal Canyon.
· Encourage the development of fire, school, parks and other public facilities in El Cerrito/Temescal Canyon.
· Buffer residential neighborhoods from the intrusion of incompatible land uses and noise.
· Mitigate potential relocation impacts resulting from changes in El Cerrito/Temescal Canyon Sub-Area land use from non-conforming and dilapidated uses to development in conformance with the Comprehensive General Plan and the Zoning Ordinance.
· 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. Note that eminent domain is not authorized by this Plan.
· In situations where relocation is necessary, provide relocation assistance to displacees as provided in the Redevelopment Law in order to mitigate possible hardships due to relocation activities. Note that eminent domain is not authorized by this Plan.
· Provide a broad range of public service infrastructure improvements to induce private investment and improve emergency response in the El Cerrito/Temescal Canyon Sub-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.
· Provide new or improved community facilities such as fire stations, schools, park and recreational facilities, a community center and library, and the expansion of public health and social service facilities, where appropriate to enhance the public health, safety and welfare.
· Encourage the cooperation and participation of El Cerrito/Temescal Canyon Sub-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 El Cerrito/Temescal Canyon Sub-Area.
· 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.
· Focus street improvement efforts first on Temescal Canyon Road, El Cerrito Road, Cajalco Road, Weirick Road, and Knabe Road.
· Provide landscaping in Rights-of-Way.
· Provide multi-use trails (e.g., bike, horse, hiking, etc.).
· Expand sustained and on-going code enforcement activities in the Sub-Area.
Section 2:
THE BOARD OF SUPERVISORS HEREBY FINDS AND DETERMINES THAT:
(a) The El Cerrito/Temescal Canyon Sub-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 El Cerrito/Temescal Canyon Sub-Area is a predominately urbanized area. As demonstrated by the Agency's Report to Board of Supervisors, not less than eighty percent (80%) of the property in the El Cerrito/Temescal Canyon Sub-Area is urbanized.
(c) The Redevelopment Plan will assist in Agency efforts to redevelop the El Cerrito/Temescal Canyon Sub-Area in conformity with the CRL and in the interests of the public health, safety and welfare. This finding is based in part upon the fact that redevelopment of the El Cerrito/Temescal Canyon Sub-Area will implement the objectives of the CRL 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 El Cerrito/Temescal Canyon Sub-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 El Cerrito/Temescal Canyon Sub-Area and the community.
(g) 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 El Cerrito/Temescal Canyon Sub-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 El Cerrito/Temescal Canyon Sub-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 Governing Participation and Preferences for Owners, Operators of Businesses and Tenants, which was adopted by reference as the relocation method for the El Cerrito/Temescal Canyon Sub-Area pursuant to Redevelopment Agency for the County of Riverside Resolution No. RDA 98-20, and the Housing Element of the Comprehensive General Plan.
(j) The elimination of blight and the redevelopment of the El Cerrito/Temescal Canyon Sub-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 El Cerrito/Temescal Canyon Sub-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 the 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 Redevelopment Plan 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 CRL.
(l) The time limitations and financial limitations established for the El Cerrito/Temescal Canyon Sub-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.
(m) All non-contiguous areas of the El Cerrito/Temescal Canyon Sub-Area are either blighted or necessary for effective redevelopment, and are not included for the purpose of obtaining the allocation of taxes from the non-contiguous areas pursuant to Section 33670 without other substantial justification for their inclusion. Said justification and documentation of blighting conditions is contained in the Report to Board of Supervisors.
(n) All areas of the El Cerrito/Temescal Canyon Sub-Area are blighted, are an integral part of otherwise blighted area, or are necessary for effective redevelopment, and are not included for the sole purpose of obtaining the allocation of taxes from the El Cerrito/Temescal Canyon Sub-Area pursuant to Section 33670 of the CRL without other substantial justification for their inclusion. This finding, is based in part upon the fact that, following careful study documented in the Report to Board of Supervisors, the El Cerrito/Temescal Canyon Sub-Area was identified as an area within the County suffering conditions of physical and economic blight.
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 El Cerrito/Temescal Canyon Sub-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, to the Redevelopment Plan and all evidence and testimony for and against the adoption of the Redevelopment Plan. All written objections have been overruled.
Section 5:
That certain document entitled "Redevelopment Plan for Redevelopment Project Area No. 1-1986, Amendment No. 2, El Cerrito/Temescal Canyon 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 "Redevelopment Plan for Redevelopment Project Area No. 1-1986, Amendment No. 2, El Cerrito/Temescal Canyon Sub-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 El Cerrito/Temescal Canyon Sub-Area likewise to cooperate to such end and to exercise their respective functions and powers in a manner consistent with the redevelopment of the El Cerrito/Temescal Canyon Sub-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 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 Clerk of the Board is hereby directed to record with the County Recorder of Riverside County a description of the land within the El Cerrito/Temescal Canyon Sub-Area and a statement that proceedings for the redevelopment of the El Cerrito/Temescal Canyon Sub-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 10 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 El Cerrito/Temescal Canyon Sub-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 El Cerrito/Temescal Canyon Sub-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: 12/14/99 (EFF.: 1/14/00)