ORDINANCE NO. 820
AN ORDINANCE OF THE BOARD OF SUPERVISORS
OF THE COUNTY OF RIVERSIDE, CALIFORNIA, APPROVING AND ADOPTING AMENDMENT NO. 4
TO THE REDEVELOPMENT PLAN FOR BLYTHE REDEVELOPMENT PROJECT NO. 1
THE BOARD OF SUPERVISORS OF THE COUNTY OF RIVERSIDE,
CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. The Agency has recommended an amendment by
the City Council and the Board of Supervisors of the Redevelopment Plan to add
the Added Territory to the Project Area.
SECTION 2. Amendment No. 4 to the Redevelopment Plan
entitled ARedevelopment Plan Prepared for Amendment No. 4 to the
Redevelopment Plan for the Blythe Redevelopment Project No. 1" dated May,
2002 (AAmendment No. 4" or the AAmendment@), which
is on file in the offices of the City Clerk and the Clerk of the Board of
Supervisors, is hereby incorporated by this reference.
SECTION 3. Nothing herein, in Amendment No. 4 or in the
Interjurisdictional Agreement shall be construed to grant to the County of
Riverside redevelopment jurisdiction over any portion of the Original Project
Area or the Added Territory, except for that portion of the Added Territory
which consists of County unincorporated territory.
SECTION 4. As established in the Amendment, the
purposes and intent of the Board of Supervisors with respect to the Added
Territory are to eliminate the conditions of blight existing in the Added
Territory and to prevent the recurrence of blighted conditions within the Added
Territory by undertaking all appropriate redevelopment projects pursuant to the
Community Redevelopment Law, including but not limited to, providing public
infrastructure improvements and community facilities, providing for the
rehabilitation of commercial structures and residential dwelling units,
encouraging employment opportunities,
and providing, improving or
preserving low and moderate income housing.
SECTION 5. By its Ordinance Nos. 611-84, 657-89, 715-95
and 758-99, the City Council finally
and conclusively determined that the territory included in the Original Project
Area are blighted areas. Based upon the
record of the joint public hearing on the Amendment, and the various reports
and other information provided to the Board of Supervisors, the Board of
Supervisors hereby finds and determines, as warranted by the Amendment, that:
A. The Added
Territory is a blighted area, which constitutes physical and economic
liabilities, the redevelopment of which is necessary to effectuate the public
purposes declared in the Community Redevelopment Law. The Added Territory is characterized by a combination of
conditions which are so prevalent and so substantial that it causes a reduction
of, and lack of, proper utilization of the area to such an extent that it
constitutes a serious physical and economic burden on the community which
cannot be expected to be reversed or alleviated by private enterprise or
governmental action, or both, without redevelopment.
Conditions in the Added Territory that demonstrate
physical blight include, but are not limited to, the following described
conditions:
The majority of structures in the Added Territory are
in a deficient or deteriorated state. Of
the total of 390 structures in the Added Territory, only 45 (approximately
11.5%), have no noticeable structural deficiencies. Examples of deterioration found in the Added Territory include: (a) occupied structures with one or more
boarded‑up openings reducing ventilation and creating potentially
unhealthy and unsafe conditions, (b) deteriorated roofing and roofing
structures actually or potentially causing leaks, damaging building integrity,
and short circuiting wiring located in walls of the affected structures (c)
deteriorated appurtenances to structures (roofed porches, exterior steps and
carports), the collapses of which may cause personal and property damages, and
(d) deteriorated building exteriors with inadequate foundations, deferred
maintenance of windows, doors or other openings, damaged fences and illegal add‑ons
or lean‑tos.
Within the Added Territory, many structures are vacant
and many locations are filled with excessive trash, debris and overgrown
vegetation. Aside from being Aattractive nuisances,@ these
conditions increase health and safety risks including fires, accidents, and the
spread of diseases (from excessive breeding of vermin and small animals).
Approximately 61.5% of the structures in the Added
Territory are mobile homes, of which approximately 60% are considered Alow quality,@ 35% are
Afairly quality@ and 5%
are Aaverage quality@
(according to classification found in Marshall & Swift's Residential Cost
Handbook, 2001). None of the mobile
homes qualify as Agood,@ Avery good@ or
excellent@ quality. Most
of these mobile homes found in the Added Territory are estimated to either have
exceeded their life expectancy or will do so within the next ten years. As such, these homes run risks for
structural failure, plumbing and electrical deficiencies.
Numerous design defects and construction defects also
exist among the structures in the Added Territory which are not mobile
homes. Examples of such defective
designs include nonexistent security lighting, deficient interface between
private property and public access, confusing and potentially dangerous layout,
improperly screened air conditioning units and illegal garage conversions. Examples of construction defects include improper
or inappropriate materials used for construction, unsafe or improperly secured
openings, and use of corrugated metal.
Combined or individually, these numerous design and construction defects
are potentially dangerous and may cause safety problems or serious injuries to
residents of and visitors to these structures.
Within the unincorporated County portion of the Added
Territory alone, there have been structural based code violations reported on
13 parcels and non‑structural based violations reported on 33 parcels in
the last five years. Structural based
violations include construction without a permit, substandard/unpermitted
mobile homes and substandard structures.
Non‑structural based violations include auto wrecking and/or
associated debris, junkyards or excessive rubbish, excessive poultry or
animals, and other miscellaneous items.
These consist of only reported violations, therefore more violations
could exist in the Added Territory.
In addition to all of the above‑described
defects, many structures in the Added Territory are of substandard design and
construction. Examples include use of
substandard materials, inefficient site utilization, awkward access, no
accommodation for desert heat and designs incompatible with modern urban standards. Because of these defects, the economic value
of these structures is intrinsically low and cannot be rehabilitated. Moreover, such design deficiencies tend to
become more deleterious over time, leading either to Abootlegged@
improvements or actual abandonment, and making the area unattractive to private
enterprise for investment.
Conditions in the Added Territory that demonstrate
economic blight include, but are not limited to, the following described
conditions:
The design and
construction defects discussed above hinder the economic viability and
marketability of the buildings themselves, the site on which the structures are
situated, and on adjacent and nearby properties. These substandard designs, especially when coupled with poor
maintenance, exacerbate blight conditions of the Added Territory.
Property prices within the Added Territory have
depreciated for over a decade despite a rising trend in nearby areas. From 1985 through 2001, prices for all
property sales within the Added Territory never exceeded 85% of those outside
the Added Territory (82% if considering only residential property). The difference was particularly drastic in
1989 and 2001, when the prices of properties sold in the Added Territory were
10% and 16%, respectively, of prices of properties sold outside of the Added
Territory. Whereas sale prices
increased approximately 79% for residential properties outside of the Added
Territory, they have decreased 39% for residential properties within the Added
Territory.
Approximately 76.3 acres of the Added Territory is
vacant. These vacant lots are scattered
throughout, particularly in the portion of the Added Territory within the
County's unincorporated area. Much of
the commercially zoned land in the Added Territory consists of currently vacant
lots.
The sole commercial building in the Added Territory is
an abandoned gas station. The site on
which it is located does not exceed 2,000 square feet in size, and has no
modern parking lot amenities or pedestrian access.
The lack of commercial facilities (such as grocery
stores, drug stores, banks or other lending institutions) in the Added
Territory is another reflection of its economic blight. There are no drug stores, convenience stores
or grocery stores in the portion of the portion of the Added Territory within
the County's unincorporated area. Each
residence in the Added Territory is over six miles from the nearest commercial
facilities.
Inadequate public improvements, facilities and infrastructure
are prevalent throughout the Added Territory.
Portions of the Added Territory either lack, or have deficient, curbs,
sidewalks and gutters. Other locations
have unpaved or deficient roads and right of ways. Examples of improper placement of utility poles and overhead
wires can be found throughout various areas of the Added Territory.
All of the conditions described above reflect the
physical and economic blight in the Added Territory. The combination of these conditions is causing and will
increasingly cause a reduction and lack of proper utilization of the Added
Territory to the extent that it constitutes a serious physical and economic
burden on the community which cannot be reasonably expected to be reversed or
alleviated by private enterprise or governmental action, or both, without
redevelopment.
B. The
Amendment would redevelop the Added Territory in conformity with the Community
Redevelopment Law and in the interests of the public peace, health, safety and
welfare. The implementation of the
Amendment, will assist in the elimination of conditions of blight within the
Added Territory and prevent their reoccurrence. The Amendment provides for the installation and construction of
public improvements. The Amendment also
provides for the rehabilitation of public and private structures. These improvements are essential to
encouraging private investment and eliminating the conditions of blight in the
Added Territory and preventing their reoccurrence.
C. The
adoption and carrying out of the Amendment is economically sound and
feasible. Under the Amendment, the
Agency will be authorized to seek and utilize a variety of potential financing
resources, including property tax increment revenues; the nature and timing of
redevelopment activities will depend on the amount and availability of such
financing resources, including tax increment revenue generated in the Added
Territory; no redevelopment activity will be undertaken unless the Agency can
demonstrate that it has adequate revenue to finance the activity; and
sufficient public and private financial resources, when taken together with tax
increment revenue, will be available to carry out the proposed redevelopment
activities of the Agency. The Agency
will issue its tax increment bonds or other obligations payable from tax
increment revenues only when such revenues are projected to be available to the
Agency in amounts sufficient to pay for the principal of and interest on such bonds. In addition, there are available to the
Agency other methods of financing its redevelopment activities, including but
not limited to bonds issued pursuant to Health and Safety Code Section 33750 or
Section 33641(d). The Agency may
receive financial assistance from the County of Riverside, State of California,
the federal government, and any other public agency. As available, other funds also may be used to pay the costs of
the Agency's redevelopment activities, including but not limited to, a variety
of Federal and State programs through which loans or grants to the Agency would
be possible.
D. The
Amendment is consistent with and conforms to the General Plan of the City of
Blythe, including, but not limited to the General Plan's Housing Element, which
substantially complies with the requirements of Article 10.6 (commencing with
Section 65580) of Chapter 3 of Division 1 of Title 7 of the Government Code, as
set forth in the findings of the City's Planning Commission in its Resolution
No. PC2002‑03. The Amendment
proposes land uses and public improvements contemplated by the City=s General Plan and the goals and objectives of such
Plan.
E. The
Amendment is consistent with and conforms to the General Plan of the County of
Riverside, including, but not limited to the General Plan's Housing Element,
which substantially complies with the requirements of Article 10.6 (commencing
with Section 65580) of Chapter 3 of Division 1 of Title 7 of the Government
Code, as set forth in the findings of the County's Planning Commission in its
Resolution. The Amendment proposes land
uses and public improvements contemplated by the County's General Plan and the
goals and objectives of such Plan.
F. The
Amendment is consistent with Comprehensive Land Use Plan for Blythe Airport, as
set forth in the June 20, 2002 decision by the Riverside County Airport Land
Use Commission. This consistency
determination was subject to the following conditions which are hereby
incorporated into Amendment No. 4 and are made applicable to the Added
Territory:
1. The
project proponent (Agency) shall obtain, or require an aviation easement to the
Blythe Airport for all projects that it participates in within the Airport
Influence Area.
2. All
outdoor lighting shall be hooded or shielded to prevent either spillage of
lumens or reflections into the sky (downward facing).
3. The Agency
shall require incorporation of noise attenuation measure into any building
construction to ensure interior noise levels are at or below 45‑decibel
levels.
4. The Agency
shall require that project be designed such that no obstruction of the AFAR Part 77 Conical Surface@ shall be permitted.
5. The
following conditions shall be required by the Agency, as applicable, of
applications for specific projects within the Added Territory:
a) The
specific project shall not direct a steady light or flashing light or red,
white, green, or amber colors associated with airport operations toward an
aircraft engaged in an initial straight climb following takeoff or toward an
aircraft engaged in a straight final approach toward a landing at an airport,
other than an FAA‑approved navigational signal light or visual approach
slope indicator.
b) The specific
project shall not cause sunlight to be reflected towards an aircraft engaged in
an initial straight climb following takeoff or towards an aircraft engaged in a
straight final approach towards a landing at an airport. All plans for construction surfaces shall be
reviewed by the airport operator and their appointed consultant for this
concern prior to construction and any recommended changes adhered to and
monitored over the life of the specific project.
c) Any use
which would generate smoke or water vapor or which would attract large
concentrations of birds, or which may otherwise affect safe air navigation
within the area must provide mitigation to eliminate or minimize any such
impact.
d) Any use
which would generate electrical interference that may be detrimental to the
operation of aircraft and/or aircraft instrumentation must provide mitigation
to eliminate or minimize any such impact.
G. The
carrying out of the Amendment would promote the public peace, health, safety,
and welfare of the community, and would effectuate the purposes and policies of
the Community Redevelopment Law. The
implementation of the Amendment will assist in the elimination of conditions of
blight within the Added Territory. The
Amendment provides for the installation and construction of public improvements
and for the rehabilitation of public and private structures and the removal of
obsolete and substandard structures and the correction of irregular
parcelization and the assemblage of land into parcels suitable for modern,
integrated development. Under the
Amendment, improvement of the public infrastructure, including the storm drain
system, the sewer system and the street system, will correct existing
deficiencies.
H. With
respect to the Added Territory, except as provided in this Paragraph H, the
condemnation of real property is necessary to the execution of the Amendment
and adequate provisions have been made for payment for property to be acquired
as provided by law. The completion of
the proposed public improvements may involve real property acquisition. No real property will be condemned without
the payment of compensation as required by law. Further, adequate moneys will be budgeted by the Agency for the
acquisition of real property required by the implementation of the
Amendment. Within the Added Territory,
the Agency shall not acquire by eminent domain property on which any person
resides. In addition, within the Added
Territory, Agency sponsored projects that cause the displacement of a
substantial number of low or moderate-income persons, or both, will not be
permitted.
I. Although
the Agency intends to accomplish all redevelopment pursuant to the
Redevelopment Plan, as amended by the Amendment, with as little displacement of
families and persons as possible, the Agency has a feasible method or plan for
the relocation of families and persons displaced from the Project Area if the
Amendment, may result in the temporary or permanent displacement of any
occupants of housing facilities in the Added Territory. The Agency has adopted a method of
relocation for the Added Territory which incorporates the California Relocation
Assistance and Real Property Acquisition Guidelines.
J. If any
displacement occurs as the result of implementation of the Amendment, there
are, or shall be provided, in the Project Area, as amended to include the Added
Territory, or in other areas not generally less desirable in regard to public
utilities and public and commercial facilities and at rents or prices within
the financial means of the families and persons who may be displaced from the
Added Territory, 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.
K. Families and
persons shall not be displaced prior to the adoption of a relocation plan
pursuant to the 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.
The Agency has adopted a method of relocation for the Project Area which
incorporates the California Relocation Assistance and Real Property Acquisition
Guidelines. The method provides that no
persons or families of low and moderate income shall be displaced 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. Section 436 of the
Amendment provides that whenever dwelling units housing persons and families of
low or moderate income are destroyed or removed from the low and moderate
income housing market as part of a redevelopment project which is subject to a
written agreement with the Agency or where financial assistance has been
provided by the Agency, the Agency shall, within four years of such destruction
or removal, rehabilitate, develop or construct or cause to be rehabilitated,
developed or constructed, for rental or sale to persons and families of low or
moderate income, an equal number of replacement dwellings units at affordable
housing costs within the territorial jurisdiction of the Agency.
L. All
noncontiguous areas of the Added Territory are either blighted or necessary for
effective redevelopment and are not included for the purpose of obtaining the
allocation of taxes from such area pursuant to Health and Safety Code Section 33670
without other substantial justification for their inclusion.
M. 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
area of which they are a part; any such area included is necessary for
effective redevelopment and is not included for the purpose of obtaining the
allocation of tax increment revenues from such area pursuant to Section 33670
of the Community Redevelopment Law without other substantial justification for
its inclusion. Any such lands,
buildings or improvements are an integral part of the Added Territory and their
proximity to substandard lands, buildings or improvements requires their
inclusion within the Added Territory to ensure proper and comprehensive
planning and redevelopment. Since
conditions of blight, including substandard structures and inadequate public
improvements, are prevalent throughout the Added Territory, it is not feasible
to exclude the lands, buildings, or improvements which are not detrimental to
the public health, safety and welfare.
N. The
elimination of blight and the redevelopment of the Added Territory could not be
reasonably expected to be accomplished by private enterprise acting alone
without the aid and assistance of the Agency.
Substantial public improvements must be constructed to assist in the
elimination of the conditions of blight in the Added Territory. The extent of the required public
improvements cannot be accomplished by private enterprise acting alone. The detrimental conditions of inadequate
infrastructure greatly impedes the Added Territory's proper utilization and its
ability to develop and address conditions of blight. Further, the combined effects of the conditions of blight in the
Added Territory, such as the substantial percentage of deficient buildings,
inadequate infrastructure and the lack of private resources of the Added
Territory residents, and the negative, non‑motivational investment
environment and lack of economic motivation caused by excessive costs, all
contribute to the conclusion that conditions of blight will not be eliminated
in the Added Territory by private enterprise acting alone. Outdated, deteriorated and inadequate public
infrastructure and services occur in the area including, but not limited to,
deteriorated or underdeveloped roadways, non‑existent curb, gutter,
sidewalk and street lights, inadequate traffic controls, waterlines, storm
drain facilities, and sanitary sewer mains and collectors, and other facilities
or services normally owned, constructed and maintained by public entities. Additionally, there is a lack of economic
motivation due to excessive risk as demonstrated by boarded up commercial
structures, and the lack of commercial services within the Added
Territory. Further, there is a lack of
economic motivation cause by excessive costs as demonstrated by the fact the
redevelopment of property is more costly than developing vacant property in
light of the existing, and likely dilapidated, improvements within the Added
Territory. With vacant land available
in the immediate vicinity of the Added Territory, without Agency involvement,
private enterprise will not alleviate the blight conditions existing within the
Added Territory. Without Agency
involvement, the Added Territory will continue to be at a competitive
disadvantage vis‑à‑vis other locations for the reasons described in
this paragraph.
O. The Added
Territory is predominately urbanized, as defined by subdivision (b) of Section
33320.1 of the Health and Safety Code.
Of the approximately 346.7 acres in the Added Territory, approximately
270.4 acres (77.99%) are currently or previously developed for urban uses,
approximately 2.6 acres (0.75%) are subdivided into irregular forms or shapes,
of an inadequate size for proper usefulness and development, and in multiple
ownership, and approximately 9.5 acres (2.74%) are vacant parcels which are
completely or primarily surrounded by, and are integral parts of one or more
areas developed for urban uses which are surrounded or substantially surrounded
by parcels which have been or are developed for urban uses. In total, approximately 282.5 acres (81.48%)
of the Added Territory meets the criteria for Apredominately
urbanized@ as defined by subdivision (b) of Section 33320.1 of
the Health and Safety Code.
P. With
respect to the Added Territory, the time limitation and the limitation on the
number of dollars to be allocated to the Agency that are contained in the
Amendment, are reasonably related to the proposed projects to be implemented in
the Added Territory and to the ability of the Agency to eliminate blight in the
Added Territory. The total estimated
cost of the public projects and improvements needed to redevelop the Added
Territory is approximately $48,500,000 (in 2002 dollars). It is estimated that over the 30 year life
of the Amendment with respect to the Added Territory, approximately
$138,100,000 in tax increment revenues will be generated from the Added
Territory. The 30 year duration of the
Amendment, the 20 year limit on the establishing of loans, advances and indebtedness
and the 45 year limit on the repayment of indebtedness with respect to the
Added Territory are necessary in order to assure sufficient time to generate
adequate tax increment revenues from the Added Territory to implement the
redevelopment activities and to repay debt,
including bonded debt.
Q. Based upon
the record of the joint public hearing held on the Amendment and the various
reports and other information provided to the Board of Supervisors, the Board
of Supervisors is satisfied that permanent housing facilities will be available
within three years from the time occupants of the Added Territory may be
displaced and that pending the development of such facilities, there will be
available to such occupants who may be displaced adequate temporary housing facilities
at rents comparable to those in the community at the time of their
displacement.
SECTION 6. The Amendment is hereby approved and
adopted, and is hereby designated as an official Amendment to the Redevelopment
Plan, subject to the mitigation measures set forth in the certified
Environmental Impact Report and adopted Mitigation Monitoring Program.
SECTION 7. The Redevelopment Plan, as amended by the
Amendment, is hereby approved and adopted and is hereby designated as the
official Redevelopment Plan, as amended, for Blythe Redevelopment Project No.1,
as amended.
SECTION 8.
The Board of Supervisors is hereby authorized and directed to certify to the
passage of this Ordinance by the Board of Supervisors and shall cause it to be
published as required by law.
SECTION 9. If any section, subsection, sentence, clause
or phrase of this Ordinance or the Amendment it approves is for any reason held
to be invalid or unconstitutional by the decision of any court of competent
jurisdiction, such decision shall not affect the validity of the remaining
portions of the Ordinance or Amendment.
The Board of Supervisors hereby declares that it would have passed this
Ordinance and each section, subsection, sentence, clause and phrase thereof,
irrespective of the fact that any one or more sections, subsections, sentences,
clauses or phrases be declared invalid or unconstitutional.
Adopted: 820 07/09/02 #3.12 (Eff: 8/08/02)