The purposes and intent of this city council with respect to
the Whitewater project area are:
A. To
eliminate the conditions of blight existing in the project area;
B. To
prevent recurrence of blighting conditions within the project area;
C. To
provide for participation by owners and tenants and preferences to
persons engaged in business within the project area to participate
in the redevelopment of the project area; to encourage and ensure
the redevelopment of the project area in the manner set forth in the
proposed redevelopment plan; and to provide for the relocation of
residents, if any, displaced by the implementation of the proposed
redevelopment plan;
D. To
improve and construct or provide for the construction of public facilities,
roads and other public improvements and to improve the quality of
the environment in the project area to the benefit of the project
area and the general public as a whole;
E. To
encourage and foster the economic revitalization of the project area
by protecting and promoting the sound development and utilization
of the project area and by replanning, redesigning or redeveloping
portions of the project area which is stagnant or improperly utilized
because of the lack of adequate facilities, utilities and other causes;
F. To
provide housing as required to satisfy the needs and desires of the
various age, income and ethnic groups of the community.
(Ord. 440 § 1, 1989)
The redevelopment plan for the Whitewater Redevelopment Project
is approved, adopted and designated as the official redevelopment
plan for the Whitewater Redevelopment Project, Amendment No. 2 and
is incorporated herein by reference and made a part hereof as if fully
set forth at length herein, three copies of which are hereby directed
to be on file with the city clerk.
(Ord. 440 § 2, 1989)
The city council finds and determines that:
A. The
project area has previously been declared a blighted area, and despite
efforts of this council conditions of blight remain in the project
area, the redevelopment of which is necessary to effectuate the public
purposes declared in the Community Redevelopment Law of the state
and specifically that the project area is characterized by properties
which suffer from economic dislocation, deterioration or disuse because
of one or more of the following factors:
1. The
subdividing and sale of lots of irregular form and shape and inadequate
size for proper development;
2. The
existence of inadequate public improvements, public facilities, open
spaces and utilities which cannot be remedied by private or governmental
action without redevelopment;
3. A
prevalence of depreciated values, impaired investments and social
and economic maladjustment.
B. The
project area is characterized by the existence of buildings and structures,
used or intended to be used for living, commercial, industrial or
other uses, which are unfit or unsafe to occupy for such purposes
and are conducive to ill health, transmission of disease, infant mortality,
juvenile delinquency and crime because of one or more of the following
factors:
1. Defective
design and character of physical construction;
2. Faulty
interior arrangement and exterior spacing; and
3. Age
obsolescence, deterioration, dilapidation, mixed character or shifting
of uses.
C. The
redevelopment plan will redevelop the project area in conformity with
the community redevelopment law of the state in the interests of the
public peace, health, safety and welfare.
D. The
adoption and carrying out of the redevelopment plan is economically
sound and feasible.
E. The
redevelopment plan conforms to the general plan.
F. The
carrying out of the redevelopment plan will promote the public peace,
health, safety and welfare of the city and will effectuate the purposes
and policies of the Community Redevelopment Law of the state.
G. The
condemnation of real property, provisions for which are being added
to 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.
H. The
agency has a feasible method or plan for the relocation of families
and persons to be temporarily or permanently displaced from housing
facilities in the project area.
I. There
are or are being provided in the project area, 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 person displaced from the project area,
if any 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.
J. Inclusion
within the project area 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;
and 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 California Health
and Safety Code Section 33670 of the Community Redevelopment Law without
other substantial justification for its inclusion.
K. The
elimination of blight and redevelopment of the project area cannot
be reasonably expected to be accomplished by private enterprise acting
alone without the aid and assistance of the agency.
L. The
housing program amendment is consistent with the project, as reviewed
within the draft environmental impact report, and the agency has found
that the final environmental impact report will contain mitigation
measures to mitigate project impacts.
(Ord. 440 § 3, 1989)
In order to implement and facilitate the effectuation of the
redevelopment plan approved and adopted, it is found and determined
that certain official actions must be taken by the city council with
reference, among other things, the vacating and removal of the streets,
alleys and other public ways, the establishment of new street patterns,
the location and relocation of sewer and water mains and other public
facilities, and other public action and, accordingly, the city council:
A. Declares
its intention to undertake and complete any proceedings necessary
to be carried out by the city under the provisions of the redevelopment
plan; and
B. Requests
the various officials, departments, boards, commissions and agencies
of the city having administrative responsibilities with respect to
the project likewise to cooperate to such end and to exercise their
respective functions and powers in a manner consistent with the redevelopment
plan.
(Ord. 440 § 4, 1989)
The city council is satisfied permanent housing facilities will
be available within three years from the time occupants of the project
area are displaced, if any, and that pending the development of such
facilities, there will be available to such displaced occupants adequate
temporary housing facilities at rents comparable to those in the city
at the time of their displacement. No persons or families of low and
moderate income shall be displaced from residences 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. Such housing units shall be suitable
to the needs of such displaced persons or families and must be decent,
safe, sanitary and otherwise standard dwellings. The agency shall
not displace such person or family until such housing units are available
and ready for occupancy.
(Ord. 440 § 5, 1989)
The city council is convinced that the effect of tax-increment
financing, as provided for in Section 502 of the redevelopment plan
and as described in the report to the city council submitted to the
city council in accordance with
Health and Safety Code Section 33352,
will not cause a severe financial burden or detriment to any taxing
agency deriving revenues from the project area.
(Ord. 440 § 6, 1989)
The city clerk is directed to send a certified copy of this
chapter to the agency, and the agency is vested with the responsibility
for carrying out the redevelopment plan, subject to the provisions
of the redevelopment plan.
(Ord. 440 § 7, 1989)
A. The
city clerk is directed to record within thirty days from the adoption
of the ordinance codified in this chapter with the county recorder
of Riverside County a description of the land within the project area
and a statement that the proceedings for the redevelopment of the
project area has been instituted under the California Redevelopment
Law. The agency is directed to effectuate recordation in compliance
with the provisions of Section 27295 of the
Government Code to the
extent applicable.
B. The city clerk is directed to transmit a copy of the description and statement recorded by the city pursuant to subsection
A of this section, a copy of the ordinance codified in this chapter, and a map or plat indicating the boundaries of the project area to the auditor-controller and tax assessor of Riverside County, to the governing body of each of the taxing agencies which levies taxes upon any property in the project area and to the State Board of Equalization.
(Ord. 440 §§ 8, 10,
1989)
The building department of the city is directed for a period
of two years after the effective date of the ordinance codified in
this chapter to advise all applicants for building permits within
the project 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.
(Ord. 440 § 9, 1989)