The Council hereby finds and determines that:
a. The Project Area is a blighted area, the redevelopment of which is necessary to effectuate the public purposes declared in the California Community Redevelopment Law (Health and Safety Code Section 33000 et seq.). This finding is based upon the following conditions which characterize the Project Area:
1. The existence of unfit or unsafe buildings and structures due to age, obsolescence, faulty exterior spacing and incompatible land uses;
2. The existence of properties which suffer from economic dislocation, deterioration and disuse because of: inadequate public improvements, facilities, utilities and open spaces, including inadequate traffic circulation, sidewalks, curbs, gutters, street lights, parking, storm drains and lots (parcels) of irregular form, shape and size which cannot be remedied with private or governmental action without redevelopment;
3. A lack of proper utilization of property, resulting in a stagnant and unproductive condition of land potentially useful and valuable; and
4. A prevalence of economic maladjustment evidenced by depreciated values and a stagnation in retail sales.
It is further found and determined that such conditions are causing and will increasingly cause a reduction and lack of proper utilization of the area to such an extent that it constitutes a serious physical, social and economic burden on the City, which cannot reasonably be expected to be reversed or alleviated by private enterprise acting alone, requiring redevelopment in the interest of the health, safety and general welfare of the people of the City and the State. This finding is based on the fact that governmental action available to the City without redevelopment would be insufficient to cause any significant correction of the blighting conditions, and that the nature and costs of the public improvements and facilities required to correct the blighting conditions are beyond the capacity of the City and cannot be undertaken or borne by private enterprise acting alone or in concert with available governmental action.
b. The Plan will redevelop the Project Area in conformity with the Community Redevelopment Law and in the interests of the public peace, health, safety and welfare. This finding is based upon the fact that redevelopment of the Project Area will implement the objectives of the Community Redevelopment Law 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.
c. The adoption and carrying out of the Plan is economically sound and feasible. This finding is based on the fact that under the Plan the Agency will be authorized to seek and utilize a variety of potential financing resources, including tax increments; that the nature and timing of public redevelopment assistance will depend on the amount and availability of such financing resources, including tax increments generated by new investment in the Project Area; and that under the Plan no public redevelopment activity will be undertaken unless the Agency can demonstrate that it has adequate revenue to finance the activity.
d. The Plan conforms to the General Plan of the City of Clearlake. This finding is based on the finding of the Planning Commission that the Plan conforms to the General Plan of the City of Clearlake.
e. The carrying out of the Plan will promote the public peace, health, safety and welfare of the City of Clearlake and will effectuate the purposes and policy of the Community redevelopment Law. This finding is based on the fact that redevelopment will benefit the Project Area by correcting conditions of blight and by coordinating public and private actions to stimulate development and improve the economic, social and physical conditions of the Project Area.
f. The condemnation of real property, as provided for in the Plan, is necessary to the execution of the Plan, and adequate provisions have been made for the payment for property to be acquired as provided by law. This finding is based upon the need to ensure that the provisions of the Plan will be carried out and to prevent the recurrence of blight.
g. The Agency has a feasible method and plan for the relocation of families and persons who might be displaced, temporarily or permanently, from housing facilities in the Project Area. This finding is based on the fact that the Plan does not authorize the Agency to acquire property in a residential use at the time of adoption of the Plan and in the event any residential displacement does occur, the Plan provides for relocation assistance according to law.
h. There are, or are being provided, within the Project 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 the families and persons who might be displaced from the Project Area, 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. This finding is based upon the fact that the Plan does not authorize the Agency to acquire property in a residential use at the time of adoption of the Plan and in the event any residential displacement does occur, no person or family will be required to move from any dwelling unit until suitable replacement housing is available.
i. 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 entire area of which they are a part; and any area included is necessary for effective redevelopment and is not included solely 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. This finding is based upon the fact that the boundaries of the Project Area were chosen as a unified and consistent whole to include lands that were underutilized because of blighting influences, or affected by the existence of blighting influences and land uses significantly contributing to the conditions of blight, whose inclusion is necessary to accomplish the objectives and benefits of the Plan.
j. The elimination of blight and the redevelopment of the Project Area could not reasonably be expected to be accomplished by private enterprise acting alone without the aid and assistance of the Agency. This finding is based upon the existence of blighting influences, including the lack of adequate public improvements and facilities, and the inability of individual developers to economically remove these blighting influences without substantial public assistance in providing adequate public improvements and facilities, the inability of low- and moderate-income persons to finance needed improvements, and the inadequacy of other governmental programs and financing mechanisms to eliminate blight, including the provision of necessary public improvements and facilities.
k. 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. This finding is based on the following facts: (1) pursuant to Health and Safety Code Section 33676, any affected taxing agency may elect, and every school and community college district shall elect, to be allocated a portion of the tax revenues allocated to the Agency and attributable to tax rate increases imposed for the benefit of such taxing agency or assessed value increases calculated annually pursuant to subdivision (f) of Section 110.1 of the Revenue and Taxation Code; (2) tax increment revenue allocated to the Agency from the Project Area is a relatively small percentage of each affected taxing agency’s total property tax revenue; and (3) the Agency will make payments to affected taxing agencies which are necessary and appropriate to alleviate any financial burden or detriment caused to such taxing agencies by the Project.
l. The Plan for the Project Area will afford the maximum opportunity, consistent with the sound needs of the City as a whole, for the redevelopment of such area by private enterprise.
m. The Plan contains adequate safeguards so that the work of redevelopment will be carried out pursuant to the 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 Plan, which this Council deems necessary to effectuate the purposes of the Community Redevelopment Law. (Ord. #26-90, S2)