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)