20-1 HIGHLANDS PARK COMMUNITY DEVELOPMENT PROJECT.

Editor’s Note: The Highlands Park Development Project was approved by the voters at an election on November 6, 1990.

Whereas the City Council of the City Clearlake (the “Council”) has received from the Redevelopment Agency of the City of Clearlake (the “Agency”) the proposed Community Development Plan (the “Plan”) for the Highlands Park Community Development Project (the “Project”), as approved by the Agency, a copy of which is on file at the office of the Agency at 14360 Lakeshore Drive, Clearlake, California, and at the office of the City Clerk, City Hall, 14360 Lakeshore Drive, Clearlake, California, together with the Report of the Agency including the reasons for the selection of the Project Area, a description of the physical, social and economic conditions existing in the Project Area, the proposed method of financing the redevelopment of the Project Area, a plan for the relocation of property owners and tenants who may be temporarily or permanently displaced from the Project Area, an analysis of the Preliminary Plan, the report and recommendations of the Planning Commission of the City of Clearlake (the “Planning Commission”), a summary of the record of all information presented to the Project Advisory Committee, a Supplemental Environmental Impact Report on the Plan, the report of the County Fiscal Officer and the Agency’s

The Clearlake Municipal Code is current through Ordinance 286-2026, passed April 2, 2026.

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analysis thereof, the report of the Fiscal Review Committee and the Agency’s analysis thereof and a neighborhood impact report; and

Whereas, the Planning Commission has submitted to the Council its report and recommendations for approval of the Plan, and its certification that the Plan conforms to the General Plan of the City of Clearlake; and

Whereas, the Council and the Agency held a joint public hearing on June 11, 1990, on adoption of the Plan and on certification of the Final Supplemental Environmental Impact Report on the Plan, in the City Council Chambers, South Shore Senior Center, 4750 Golf Avenue, Clearlake, California; and

Whereas, a notice of said hearing was duly and regularly published in the Clearlake Observer, a newspaper of general circulation in the City of Clearlake, once a week for four successive weeks prior to the date of said hearing, and a copy of said notice and affidavit of publication are on file with the City Clerk and the Agency; and

Whereas, copies of the notice of joint public hearing were mailed by certified mail with return receipt requested to the last known address of each assessee of each parcel of land in the proposed Project Area, as shown on the last equalized assessment roll of the County of Lake; and

Whereas, copies of the notice of joint public hearing were mailed by certified mail with return receipt requested to the governing body of each taxing agency which receives taxes from property in the Project Area; and

Whereas, the Agency has prepared and submitted a program for the relocation of persons and businesses who may be displaced as a result of carrying out the Project in accordance with the Plan; and

Whereas, the Council has general knowledge of the conditions existing in the Project Area and of the availability of suitable housing in the City for the relocation of families and persons who may be displaced by the Project, and in the light of such knowledge of local housing conditions, has carefully considered and reviewed such program for relocation; and

Whereas, the Council has considered the report and recommendations of the Planning Commission, the report of the Agency, the Plan and its economic feasibility, the feasibility of the relocation program and the Final Supplemental Environmental Impact Report, has provided an opportunity for all persons to be heard and has received and considered all evidence and testimony presented for or against any and all aspects of the Plan; and

Whereas, the Council has reviewed and considered the Final Supplemental Environmental Impact Report for the Plan, prepared and submitted by the Agency pursuant to Public Resources Code Section 21151 and Health and Safety Code Section 33352, determined that the Plan will have a significant effect on the environment and adopted mitigation measures and a statement of overriding considerations as set forth in City Council Resolution No. 90-31, adopted on June 25, 1990. (Ord. #26-90, Preamble)

That the purpose and intent of the Council with respect to the Project Area is to accomplish the following:

The Clearlake Municipal Code is current through Ordinance 286-2026, passed April 2, 2026.

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Ch. XX Community Development Plan | Clearlake Municipal Code

a. Eliminate blighting influences and correct environmental deficiencies in the Project Area, including, among others, mixed and shifting land uses, obsolete and aged building types, incompatible and uneconomic land uses, and inadequate or deteriorated public improvements;

• b. Assemble land into parcels suitable for modern, integrated development with improved pedestrian and vehicular circulation in the Project Area;

• c. Replan, redesign and develop undeveloped areas which are stagnant or improperly utilized;

• d. Provide opportunities for participation by owners and tenants in the revitalization of their properties;

• e. Strengthen retail and other commercial functions in the Project Area;

• f. Strengthen the economic base of the Project Area and the community by installing needed site improvements to stimulate new commercial/industrial expansion, employment and economic growth;

• g. Provide adequate land for parking and open spaces;

• h. Establish and implement performance criteria to assure high site design standards and environmental quality and other design elements which provide unity and integrity to the entire Project; and

• i. Expand and improve the community’s supply of low- and moderate-income housing. (Ord. #26-90, S1)

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.

The Clearlake Municipal Code is current through Ordinance 286-2026, passed April 2, 2026.

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Ch. XX Community Development Plan | Clearlake Municipal Code

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.

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.

The Clearlake Municipal Code is current through Ordinance 286-2026, passed April 2, 2026.

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Ch. XX Community Development Plan | Clearlake Municipal Code

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.

rs 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)

The Clearlake Municipal Code is current through Ordinance 286-2026, passed April 2, 2026.

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The Council is satisfied that permanent housing facilities will be available within three (3) years from the time occupants of the Project Area are displaced, if any, and that pending the development of the facilities, there will be available to the displaced occupants, if any, adequate temporary housing facilities at rents comparable to those in the City of Clearlake at the time of their displacement. No persons or families of low or moderate income shall be displaced from residences unless and until there is a suitable housing unit available and ready for occupancy by such displaced persons or families 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 any such persons or families until such housing units are available and ready for occupancy. (Ord. #26-90, S3)

The Council is satisfied that all written objections received before or at the noticed public hearing have been responded to in writing. In addition, written findings have been adopted in response to each written objection of an affected property owner or taxing entity which has been filed with the City Clerk either before or at the noticed public hearing. (Ord. #26-90, S4)

That certain document entitled “Community Development Plan for the Highlands Park Community Development Project,” the maps contained therein and such other reports as are incorporated therein by reference, a copy of which is on file in the office of the City Clerk, having been duly reviewed and considered, is hereby incorporated in this Chapter by reference and made a part hereof, and as so incorporated is hereby designated, approved and adopted as the official “Community Development Plan for the Highlands Park Community Development Project.” (Ord. #26-90, S5)

In order to implement and facilitate the effectuation of the Plan hereby approved, this Council hereby (a) pledges its cooperation in helping to carry out the Plan, (b) requests the various officials, departments, boards and agencies of the City having administrative responsibilities in the Project Area likewise to cooperate to such end and to exercise their respective functions and powers in a manner consistent with the redevelopment of the Project Area, (c) stands ready to consider and take appropriate action upon proposals and measures designed to effectuate the Plan, and (d) declares its intention to undertake and complete any proceeding necessary to be carried out by the City under the provisions of the Plan. (Ord. #26-90, S6)

The Clearlake Municipal Code is current through Ordinance 286-2026, passed April 2, 2026.

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Ch. XX Community Development Plan | Clearlake Municipal Code

The City Clerk is hereby directed to send a certified copy of this Chapter to the Agency whereupon the Agency is vested with the responsibility for carrying out the Plan. (Ord. #26-90, S7)

The City Clerk is hereby directed to record with the County Recorder of Lake County a description of the land within the Project Area and a statement that proceedings for the redevelopment of the Project Area have been instituted under the Community Redevelopment Law. (Ord. #26-90, S8)

The City Clerk is hereby directed to transmit a copy of the description and statement recorded by the Clerk pursuant to subsection 20-1.8 of this Chapter, a copy of this Chapter and a map or plat indicating the boundaries of the Project Area, to the auditor and assessor of the County of Lake, to the governing body of each of the taxing agencies which receives taxes from property in the Project Area and to the State Board of Equalization. (Ord. #26-90, S8)

The City Clerk is hereby ordered and directed to certify to the passage of this Chapter and to cause the same to be published once in the Clearlake Observer, a newspaper of general circulation, published and circulated in the City of Clearlake. (Ord. #26-90, S10)

If any part of this Chapter or the Plan which it approves is held to be invalid for any reason, such decision shall not affect the validity of the remaining portion of this Chapter or of the Plan, and this Council hereby declares that it would have passed the remainder of this Chapter or approved the remainder of the Plan if such invalid portion thereof had been deleted. (Ord. #26-90, S11)

The Clearlake Municipal Code is current through Ordinance 286-2026, passed April 2, 2026.

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This Chapter shall be in full force and effect thirty (30) days after its passage, provided that this Chapter must be approved by a majority of voters of the City of Clearlake at an election on or before November 6, 1990, or it shall be automatically repealed as of that date. (Ord. #26-90, S12)

Editor’s Note: This Chapter was passed by a majority of voters on November 6, 1990.

The Clearlake Municipal Code is current through Ordinance 286-2026, passed April 2, 2026.

Disclaimer: The City Clerk’s Office has the official version of the Clearlake Municipal Code. Users should contact the City Clerk’s Office for ordinances passed subsequent to the ordinance cited above.

City Website: www.clearlake.ca.us

Hosted by General Code.

The Clearlake Municipal Code is current through Ordinance 286-2026, passed April 2, 2026.

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20-1 Highlands Park Community Development Project | Clearlake Municipal Code