HomeMy Public PortalAboutOrdinance 741:MOOING REQUESTED BY:
\ND W'iEN RECORDED MAIL
TO: City Clerk
City of Beaumont
P. 0. Box 158
Beaumont, Ca 92223
ORDINANCE NO. 741
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF BEAUMONT, CALIFORNIA,
APPROVING AND ADOPTING THE
REDEVELOPMENT PLAN FOR THE
BEAUMONT REDEVELOPMENT PROJECT
WHEREAS, the Beaumont Redevelopment Agency (the
"Agency"), has formulated, prepared and approved the Redevelopment
Plan for the Beaumont Redevelopment Project (the "Redevelopment
Plan"); and
WHEREAS, the Planning Commission of the City of Beaumont,
California (the "Planning Commission"), has been requested pursuant
to a duly adopted Resolution of the Agency to submit its report and
recommendations to the City Council of the City of Beaumont,
California (the "City Council"), and to recommend approval of the
proposed Redevelopment Plan; and
WHEREAS, the Planning Commission has made certain
recommendations pursuant to a Resolution adopted by the Planning
Commission on November 16, 1993, in which the Planning Commission
recommended approval of the Redevelopment Plan and the Final
Environmental Impact Report for the Beaumont Redevelopment Project;
and
WHEREAS, the Agency has recommended that no need
presently exists to form a project area committee in connection
with the review and consideration of the Redevelopment Plan in view
of the fact that very few, if any persons of low- and moderate -
income who may reside within the Project Area shall be displaced as
a result of the adoption of the Redevelopment Plan; and
WHEREAS, the Agency has adopted rules for owner
participation and business re-entry for the Project Area; and
WHEREAS, the City and the Agency have prepared and
offered for review a Draft Environmental Impact Report (the "Draft
EIR") regarding the Redevelopment Plan and the Planning Commission
of the City has reviewed said Draft EIR and recommended the
certification thereof; and
WHEREAS, the City Council has received the recommenda-
tions of the Planning Commission regarding the Draft EIR and the
City Council and the Agency have reviewed the Draft EIR, and,
following a full and fair public hearing thereon, the City Council
and the Agency have certified the EIR in connection with the
adoption of the Redevelopment Plan; and
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CERTIFIED 10 BE A TRUE AND CORRECT
COPY OF THS ORIGINAL DOCUMENT ON
FILE �N 1E�FF E OF TH TY
BY
TITLE
DATE
/2.2
19
WHEREAS, pursuant to public notice duly given, a full and
fair public hearing has been held on the Redevelopment Plan and the
Draft EIR; and
WHEREAS, the Agency has,adopted its Resolution entitled:
"Resolution of the Beaumont Redevelopment Agency Making
Certain Findings With Respect to Blight Within the
Project Area of the Beaumont Redevelopment Project"
; and
WHEREAS, the Agency has adopted its Resolution entitled:
"Resolution of the Beaumont Redevelopment Agency
Approving the Redevelopment Plan for the Beaumont
Redevelopment Project and the Redevelopment Plan Report;
and Certifying the Final EIR for the Beaumont
Redevelopment Project"
; and
WHEREAS, the above entitled Resolutions were transmitted
to the City Council; and
WHEREAS, the City Council has adopted its Resolution
entitled:
"Resolution of the City Council of the City of Beaumont,
California, Approving the Redevelopment Plan for the
Beaumont Redevelopment Project and the Redevelopment Plan
Report; and Certifying the Final EIR for the Beaumont
Redevelopment Project"
; and
WHEREAS, after consultations with the Agency, the City of
Beaumont, California (the "City"), the County of Riverside (the
"County") and various affected taxing agencies, said affected
taxing agencies have agreed to the allocation of taxes and the
other financial provisions as specified in the Redevelopment Plan
and Section 7 hereof; and
WHEREAS, all actions required with respect to the
Redevelopment Plan by the Community Redevelopment Law, being found
as Section 33000, et seq., of the Health and Safety Code, the
California Environmental Quality Act of 1970, as amended ("CEQA"),
and other applicable laws have been taken in an appropriate and
timely manner.
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BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT,
CALIFORNIA, AS FOLLOWS:
Section 1. The Redevelopment Plan as transmitted to
the City Council by one of the above referenced Resolutions of the
Agency, is hereby adopted and incorporated herein by this reference
and made a part hereof, as if set out fully herein.
Section 2. The purposes and intent of the City
Council with respect to the adoption of the Redevelopment Plan are
to:
1. Eliminate the conditions of blight existing in the areas
included with in the redevelopment project area
boundaries of the Project Area;
2. Ensure to the greatest possible extent that the causes of
blighting conditions in the areas included within the
Project Area will be either eliminated or protected
against;
3. Provide participation opportunities for owners and
business tenants in the areas included in the Project
Area subject to the overall redevelopment objectives of
the Redevelopment Plan;
4. Encourage and ensure the redevelopment of the areas
included in the Project Area;
5. Encourage and foster the economic revitalization of the
areas included in the Project Area;
6. Finance and construct the public improvements described
in the Redevelopment Plan and attachments thereto; and
7. Implement the goals and objectives of the General Plan of
the City of Beaumont, California (the "General Plan").
Section 3. The City Council hereby designates the
Redevelopment Plan as incorporated by reference pursuant to
Section 1 hereof, as the official Redevelopment Plan for the
Beaumont Redevelopment Project.
Section 4. The City Council hereby finds and
determines that:
1. The following physical and economic conditions exist
within the Project Area, as stated in the Report to the
City Council, dated December, 1993, prepared in
accordance with Health and Safety Code Section 33352 as
on file with the City Clerk:
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(a) The subdividing and sale of lots of irregular form
and shape and inadequate size for proper usefulness
and development;
(b) The laying out of lots in disregard of the contours
and other topography or physical characteristics of
the ground and surrounding conditions;
(c) The existence of inadequate public improvements,
public facilities, open spaces, and utilities which
cannot be remedied by private or governmental
action without redevelopment; and
(d) A prevalence of depreciated values, impaired
investments, and social economic maladjustment.
Such conditions as set forth above are the basis for the
City Council hereby finding and determining that the
areas included within the Project Area are predominantly
urbanized and are blighted areas, and thatthe
redevelopment of these areas is necessary to effectuate
the public purposes set forth in the Community
Redevelopment Law. These conditions cause deterioration
and a lack of proper utilization of the areas included
within the Project Area to such an extent that they
constitute serious physical, social and economic burdens
on the City which cannot reasonably be expected to be
reversed or alleviated either by private enterprise
acting alone or by the City without the assistance of
community redevelopment powers;
2. The Redevelopment Plan will provide for the redevelopment
of the areas included within the Project Area in
conformity with the Community Redevelopment Law and in
the interest of the public peace, health, safety and
welfare;
3. The adoption and implementation of the Redevelopment Plan
is economically sound and feasible;
4. The Redevelopment Plan conforms to the General Plan,
including but not limited to the community's housing
element;
5. 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;
6. The condemnation of real property within the Project Area
as provided in the Redevelopment Plan is necessary for
the execution of the Redevelopment Plan and adequate
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provisions have been made for payment for property to be
acquired as provided by law;
7. Although it is not currently anticipated that any
residential displacement will occur as a result of the
implementation of the Redevelopment Plan, the Agency has
a feasible method or plan for the relocation of any
families and persons who may be displaced from the
Project Area if such displacement may in fact occur;
8. Although it is not currently anticipated that any
residential displacement will occur as a result of the
implementation of the Redevelopment Plan, there are or
shall be provided in 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 the families and persons who may be displaced
from the Project Area, decent, safe and sanitary
dwellings equal in number to the number of dwellings
within the Project Area and available to such displaced
families and persons and reasonably accessible to their
places of employment;
9. All noncontiguous areas of the Project Area are either
blighted or necessary for effective redevelopment of the
Project Area and are not included for the purpose of
obtaining the allocation of taxes from any such area
pursuant to Health and Safety Code Section 33670 without
other substantial justification for its inclusion;
10. The inclusion of any lands, buildings or improvements in
the Project Area which are not detrimental to the public
health, safety or welfare, is necessary for the effective
redevelopment of the areas within the Project Area, and
any such lands, buildings or, improvements included are
necessary for effective redevelopment and are not
included for the purpose of obtaining the allocation of
tax increment revenues from such areas pursuant to Health
and Safety Code Section 33670 without other substantial
justification for their inclusion;
11. The elimination of blight and the redevelopment of the
Project Area could not be reasonably expected to be
accomplished by private enterprise acting alone or by the
City without the aid and assistance of the Agency through
the community redevelopment process; and
12. The effect of tax increment financing will not cause a
significant financial burden or detriment on any taxing
agency deriving revenues from the Project Area and to the
extent that such a taxing agency can demonstrate the
presence of a significant financial burden or detriment,
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the Redevelopment Plan authorizes the Agency to provide
for the mitigation of such detriment in accordance with
Health and Safety Code Section 33401.
13. The Project Area is predominantly urbanized as defined by
subdivision (b) of Section 33320.5 and as established
pursuant to the Resolutions referenced in the Recitals
hereof.
Section 5. The City Council is satisfied that
permanent housing facilities shall be available within three (3)
years from the time residential occupants of the Project Area may
be displaced, and that pending the development of such facilities,
there will be available to such displaced residential occupants
adequate temporary housing facilities at rents comparable to those
in the community at the time of their displacement.
Section 6. The City Council is convinced that the
effect of tax increment financing, which will finance The
redevelopment activities, as provided in the Redevelopment Plan in
whole or in part, will not cause a severe financial burden or
detriment on any taxing agency deriving tax revenues from the areas
within the Project Area as set forth in Section 7 hereof.
Section 7. Those taxes allocated to the Agency
pursuant to Health and Safety Code Section 33670 with respect to
the Project Area shall be paid to the Agency, except as may be
qualified in accordance with Health and Safety Code Section 33401
by agreements, if any, by and between the Agency and any other
affected taxing agency to the extent the findings and
determinations as required pursuant to said Section may be made by
the Agency and, except as further hereinafter noted, shall be
allocated to and when collected shall be paid into a special fund
of the Agency to pay the principal of and interest on loans, moneys
advanced to, or indebtedness (whether funded, refunded, assumed, or
otherwise) incurred by the Agency to finance or refinance, in whole
or in part, the implementation of the Redevelopment Plan. Unless
and until the total assessed valuation of the taxable property in
the Project Area exceeds the total assessed value of the taxable
property in the Project Area as shown by the applicable last
equalized assessment roll, all of the taxes levied and collected
upon the taxable property in the Project Area shall be paid into
the funds of the respective taxing agencies. When said loans,
advances and indebtedness, if any, and interest thereon, have been
paid, all moneys thereafter received from taxes upon the taxable
property in the Project Area shall be paid into the funds of the
respective taxing agencies as taxes on all other property are paid.
Section 8. A full and fair public hearing having been
held on the Redevelopment Plan, as stated in the recitals herein,
and the City Council having considered all evidence and testimony
for and against the adoption of the Redevelopment Plan and all
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written and oral objections thereto, and this City Council being
fully advised in the premises, all written and oral objections to
the Redevelopment Plan are hereby overruled.
Section 9. In order to facilitate and implement the
Redevelopment Plan, which is hereby approved and adopted, certain
official actions must be taken by the City. The City Council
hereby declares its intention to undertake and complete any
proceedings necessary to be carried out by the City under the
provisions of the Redevelopment Plan, including without limitation,
changes in zoning, the location and relocation of public
facilities, and other similar public actions. Pursuant thereto,
and without limitation, the City Council hereby:
1. Pledges its cooperation in helping to carry out the
Redevelopment Plan; and
2. Directs the various officials, departments, boards and
agencies of the City having administrative
responsibilities in the premises likewise to cooperate to
such end and to exercise their respective functions and
powers in a manner consistent with said Redevelopment
Plan; and
3. Agrees that any agreements, deeds or leases submitted by
the Agency to the City Council for its approval or
disapproval will be deemed approved if not acted upon
within thirty (30) days after submission to the City
Council.
Section 10. The City Council may authorize loans of
funds to the Agency and may expend funds of the City from time to
time, in accordance with the applicable provisions of the
Redevelopment Plan.
Section 11. The City Clerk is hereby directed to send
a certified copy of this Ordinance to the Agency, and the Agency is
hereby vested with the responsibility for carrying out the
Redevelopment Plan.
Section 12. The City Clerk is hereby directed to
record with the County Recorder of the County of Riverside (the
"County Recorder") a description of the land within the Project
Area and a statement that proceedings for the redevelopment of the
areas included within the Project Area have been instituted under
the Community Redevelopment Law.
Section 13. The City Manager and appropriate City
Staff are 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 areas included within the Project Area
that the site for which a building permit is sought for the
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construction of buildings or for other improvements is within a
redevelopment project area.
Section 14. The City Clerk is hereby directed to
transmit, on or before five (5) calendar days from, and after the
second reading of this Ordinance: (i) a copy of the description and
statement recorded by the City Clerk pursuant to Section 12 of this
Ordinance; (ii) a copy of this Ordinance; and (iii) a map or plat
indicating the territory encompassed by the areas included in the
Project Area, to the following parties: (1) the Auditor and
Assessor of the County of Riverside; (2) the officer or officers
performing the functions of the auditor or assessor for any taxing
agencies which, in levying or collecting taxes which do not use the
county assessment roll or do not collect taxes through the County
of Riverside; (3) the governing body of each of the taxing agencies
which levies taxes upon any property in the areas within the
Project Area; and (4) the State Board of Equalization.
Section 15. The City Clerk shall notify the Building
Department of the City by a writing transmitted thereto that the
Redevelopment Plan has been adopted.
Section 16. The City Clerk shall transmit a copy of
this Ordinance to Record Gazette for publication in the manner
required by law.
Section 17. In case any one or more of the provisions
of this Ordinance shall for any reason be held to be illegal or
invalid, such illegality or invalidity shall not affect any other
provision of this Ordinance but this Ordinance shall be construed
and enforced as if such illegal or invalid provision had not been
contained herein.
Section 18. This Ordinance shall become effective
thirty (30) days after its passage and adoption.
MOVED, PASSED, and ADOPTED this 27th day of
laramhar , 1993 by the following vote:
AYES: Council Member Berg, Brey and Mayor Pro Tem Parrott.
NOES: None.
ABSTAIN: None.
ABSENT: Council Member Russo ansL M r 11
THE CITY OF BEAUMONT
A ST:
CITY C
rPRO RTEM
CERTIFICATION
I, Dayle Keller, City Clerk of the City of Beaumont DO HEREBY
CERTIFY that the foregoing Ordinance was introduced at a regular
meeting of the City Council of said City held on the 13th day
of December, 1993, and was duly adopted upon second reading on the
27th day of December, 1993, upon the following roll call vote:
AYES: Council Member Berg, Brey and Mayor Pro Tem Parrott.
NOES: None.
ABSTAIN: None.
ABSENT: Council Member Russo and Mayor Leja.
---:;:::
14-1'A."..."
CITY ERK
CITY OF BEAUMONT
RECORDING REQUESTEE Y:
AND WHEN RECORDED MAIL
TO: City Clerk
City of Beaumont
P. 0. Box 158
Beaumont, Ca 92223
STATE OF CALIFORNIA
COUNTY OF RIVERSIDE
,, 1DEC 2 8 '5 5i6923
has not Q *
WILLIA.M E. i ONEtiLY
Count''a rder
t )IJNTI .v;.L.FORNi
AFFIDAVIT AND STATEMENT
Julia White, being first duly sworn, deposes and says:
That she is now and at all times herein mentioned the
duly appointed
and qualified Secretary of the Beaumont
Redevelopment Agency, a public body.
That by proceedings instituted under the California
Community Redevelopment Law the Beaumont City Council did on
December 27, 1993, by final adoption of its Ordinance No. 741,
approve and adopt the Redevelopment Plan for the Beaumont
Redevelopment Project as described in the boundary description
attached hereto
as Exhibit "A" and incorporated herein.
Proceedings for the adoption of the Redevelopment Plan for the
Beaumont Redevelopment Agency were instituted under the
California Community Redevelopment Law.
WITNESS MY HAND this 28th day of December, 1993
Secr ary, Beaumont Redevelopment
Age ey
Subscribed and sworn to before me this 28th
day of December, 1993
for the -•- •• - Z
alifornia
LYNELL YOUNG
COMM. 4958482
Nosy Public -California
RIVERSIDE COUNTY
My comm. expires MAR 01,1996
IN THE SUPERIOrt COURT OF THE STATt OF CALIFORNIA
IN AND FOR THE COUNTY OF RIVERSIDE
No # 628
NOTICE REGARDING ORDINANCE NO 741
STATE OF CALIFORNIA
County of Riverside ss'
I am a citizen of the United States and a resident of
the County aforesaid; I am over the age of eighteen
years, and not a party to or interested in the above
entitled matter. I am the principal clerk of the printer
of The DAILY RECORD -GAZETTE
a newspaper of general circulation, printed and pub-
lished daily in the City of Banning County of Riverside
and which newspaper has been adjudged a newspaper
of general circulation by the Superior Court of the
County of Riverside, State of California, under date of
October 14, 1966, Case Number 54737 that the notice,
of which the annexed is a printed copy, has been
published in each regular and entire issue of said news-
paper and not in any supplement thereof on the follow-
ing dates, to -wit:
PUB: 12/20 ONLY
all in the year 19__93 .
I certify (or declare) under penalty of perjury that the
foregoing is true and correct.
Date December 20,
et Riverside, California
, 1993
AMENDED :e is for the County Clerk's Filing Stamp
NOTICE TO
BEAUMONT
CITIZENS
REGARDING
PROPOSED
ORDINANCE 741
On December 27, 1993,
the Beaumont City
Council will consider
adopting Ordinance No.
741, approving and:
adopting the redevelop-
ment plan for the
Beaumont Redevelop-
ment Project.
Consideration of adop-
tion of this Ordinance
was previously noticed
for Monday, December
20, 1993.
You may wish to ex-
amine the certified copy
of Ordinance No. 741,
which is posted in
Room 9, City Hall, 550
E. 6th St.
Dated: December 16,
1993
-s-Julia, White
Julia White,
Deputy City Clerk
Posted: Room 9, City
Hall, Beaumont -Cherry
Valley Water District,
Beaumont District
Library, Council Cham-
bers
Publish The Record -
Gazette
No. 628
12-20,1993