Res89 11191 - Laserfiche WebLink

Browse Search

~ Mayor Jack Grenalch November 21, 1989 Page 2 be alleviated by private enterprise alone, and (2) one or more of the characteristics of blight listed in ~33031 or ~33032 must exist. The blighting conditions must predominate and must injuriously affect the entire area. The finding must be based upon existing land uses, and not potential alternatives. Blight sufficient to justify redevelopment does not exist unless the statutory characteristics have resulted in serious social and economic ills. Emminaton v. Solano County Redevelopm~nt Aaency (1987) 195 Cal. App. 3d 491, 237 Cal Rptr 872. The Report on the Second Amendment concludes that social "maladjustment" is prevalent in the project area, citing project area income and employment levels and housing conditions. The high proportion of low and moderate income households is not necessarily detrimental. Low and moderate incomes for a househ- old of four can range up to $32,400 and $51/000, respectively. These levels include the salaries of many occupations that are essential to the city's vitality (e.g. mid-level managers, city employees, secretaries, etc.) For the same reasons the higher level of blue collar workers, and the lower level of white collar workers, living in the area is also not detrimental. The fact that the project area contains a substantial amount of affordable rental housing is a positive factor, given the dire need for such housing in the city. In addition, the Report attempts to justify the Second Amendment on the basis of alleged building deterioration and dilapidation. However, since only 10% of the structures in the area need major rehabilitation, there is no basis for concluding that these conditions predominate or injuriously affect the entire area. Finally, even though the area arguably contains some blight- ing factors, the area's present economic use must have ended in order to justify redevelopment. An area that is marginally profitable does not meet this standard. Sweetwater Valley civic Assn. v. city of National city (1976) 18 Cal. 3d 270, 133 Cal. Rptr. 589. In contrast, the Report shows that the area's productivity is far from over. Property values, retail sales, and building permits have all increased. There is no evidence that popula- tion is decreasing or that business is leaving and that buildings are vacant. In view of the foregoing, the Second Amendment Area is not blighted as defined by the redevelopment law. At the very least, it is marginally profitable and does not constitute a serious social or economic burden on the community. !~ 11191