Loading...
HomeMy WebLinkAboutRes No 835PLANNING COMMISSION RESOLUTION NO. 835 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, DETERMINING THAT A PROPOSED AMENDMENT TO THE PALM DESERT REDEVELOPMENT PLAN CONFORMS TO THE PALM DESERT GENERAL PLAN. WHEREAS, the City of Palm Desert Planning Commission was required by law to evaluate a proposed amendment to the Palm Desert Redevelopment Plan to determine if said revision was consistent with the city's general plan; WHEREAS, the purpose of said amendment was to detach certain territory within the Palm Desert Redevelopment Agency but within the corporate limits of the City of Indian Wells from the Palm Desert Redevelopment Agency and attach said territory to the Indian Wells Redevelopment Agency; WHEREAS, the commission considered this matter at its regularly scheduled meeting of December 7, 1982; WHEREAS, the commission needing clarification of the potential impact of the proposed revision continued said matter to its meeting of December 21, 1982; WHEREAS, the commission at its December 21, 1982, received a memorandum from the director of environmental services addressing the concerns raised by the planning commission at its December 7, 1982, meeting; and, WHEREAS, the Palm Desert Planning Commission having had its concerns addressed and having reviewed the proposed amendment with regard to its conformity to the Palm Desert General Plan. NOW, THEREFORE, the Planning Commission of the City of Palm Desert does hereby resolve as follows: 1. That the proposed amendment to the Palm Desert Redevelopment Plan, attached hereto as Exhibit "A", calling for the transfer of territory within the cooperate limits of the City of Indian Wells to the Indian Wells Redevelopment Agency, is consistent with the adopted Palm Desert General Plan. 2. The commission further advises the Palm Desert City Council and Palm Desert Redevelopment Agency that based on the recommendation of legal counsel it should seriously consider postponing adoption of an ordinance accomplishing this amendment until the legal challenges to the Indian Wells Redevelopment Agency have been satisfactorily settled and dismissed. 3. This resolution shall constitute this commission's report and recommendation to the city council with regard to the proposed amendment to the Redevelopment Plan as required by the California Health and Safety Code Section 33453. 4. That the secretary transmit to the council and redevelopment agency a copy of the memorandum dated December 21, 1982, attached hereto as Exhibit PASSED, APPROVED and ADOPTED at a regularly scheduled meeting of the Palm Desert Planning Commission this 21st day of December, 1982, by the following vote, to wit: AYES: CRITES, KRYDER, DOWNS, WOOD NOES: NONE ABSENT: RICHARDS ABSTAIN: NONE RALPH B. WOOD, Chairman ATTEST: A ON A. DIAZ, Sec tary /lr PLANNING COMMISSION RESOLUTION NO. 835 EXHIBIT "A" AMENDMENT TO THE PALM DESERT REDEVELOPMENT PLAN AS PREVIOUSLY AMENDED Prepared by: The Palm Desert Redevelopment Agency 45-275 Prickly Pear Lane Palm Desert, California 92260 December 2, 1982 PLANNING COMMISSION RESOLUTION NO. 835 I. INTRODUCTION This Amendment to the Redevelopment Plan, as previously amended, (the "Amendment to the Redevelopment Plan") was prepared by the Redevelopment Agnecy (the "Agency") of the City of Palm Desert for Project Area No. 1 (the "Project") and consists of the text, the Project Area Map (Figure 1) and the Legal Description n:U'`'" (Exhibit 1). This Amendment to the Redevelopment Plan prepared by the Agency pursuant to the Community Redevelopment Law of the State of California (Health and Safety Code, Section 33000 et. seq., the California Constitution and all applicable local laws and ordinances. C' This Amendment to the Redevelopment Plan includes all provisions included in the Redevelopment Plan for Project Area No. 1 adopted by the City Council on July 16, t 1975, and subsequently amended, except that the Project Area boundaries are revised to merge (detach) that portion of the Project Area within the City of Indian Wells. II. DEFINITIONS The following definitions will govern in the context of this Amendment to the Redevelopment Plan unless otherwise stipulated herein: "Agency" means the City of Palm Desert Redevelopment Agency. "Amendment to the Redevelopment Plan" means the Amendment to the Redevelopment Plan for the Palm Desert Redevelopment Project, as previously amended, in the City of Palm Desert, California. "City" means the City of Palm Desert, California. "City Council" means the City Council of the City of Palm Desert, California. "County" means the County of Riverside, California. "Legal Description" means a description of the land to be detached from Project Area No. 1, as amended, prepared in accordance with map specifications approved by the California State Board of Equalization. -2- PLANNING COMMISSION RESOLUTION NO. 835 "Person" means any individual, or any public or private entity. "Planning Commission" means the Planning Commission of the City of Palm Desert California. "Project Area" means the area included within the boundaries of the Redevelopment Project Area No. 1, which includes the portion to be detached, as depicted on the map attached hereto as Figure 1. "Redevelopment Law" means the Community Redevelopment Law of the State of California (California Health and Safety Code, Section 33000 et.seq.), as amended to date. "State" means any state agency or instrumentality of the State of California. III. PROJECT AREA BOUNDARIES The boundaries of the Project Area are identified on Figure 1. That portion of the Project Area within the City of Indian Wells as described on Figure 1 and more specifically set forth in the legal description (Exhibit 1) is to be detached as part of this Amendment to the Redevelopment Plan. IV. AMENDMENT TO THE REDEVELOPMENT PLAN OBJECTIVE The objective of this Amendment to the Redevelopment Plan is to merge (detach) the portion of Project Area No. 1 within the City of Indian Wells. -3- PLANNING COMMISSION RESOLUTION NO. 835 COUNTRY CLUB ORIVE rF h147 4„wa� rs • 24 • • ?�.0. •� " y� `` fit•• . ��_ Portion to be detached ; •.1i.� �• w� —_— 1_ •2J7=• "__Lac-a.a.► 's:.rlia:1r-- t, i'• _srrr.•—• • ••.�. •3•i / 7I /.�.. •" • r. �41 rt...21.... 1•f :s ....•.nw•�▪ .sJ..I� t:••4j � '-•.�•• � u•� �•w•'���!'�•�J'•• tea=w.t• ...Or a•� s• a;1.r .r•t sr l,\: + _�e•�. r• it•`:' ...PL. ... .� L. •1•i • A•1! 1 � . ~'•'-. • w %1 : • a ..•.a r ( Ir :'I �� Wit: �!!�� �� • ,�N�•'��'Irf_ t1 M _ ► • • y• 1 /i.. �''%-�. air .�.~—. •n•�'..-+J w '�.• �, r ]7 �'' .a1ra• M Ib.—S....St. '_pn•u 1 . s •� IN ✓ rif(�• '• •.• R ..v �' '1 i_ d'.r•tt1 • • •.i-.•r is-. .y elwilr i. • 4. •. • .a iaaae y-•y�+ )••w-••-•-,.,,;�1 `ra:•Sr`-. . •..' �. . .. .•. 11111(../... • Z0:10 •.r - . ; u. r _ .M}J. .' - I -w• -'. .. .1`..,--1 i til r• Y!.... 4 e. Cl10ttA 40 ' L�•i`�'Y i j h tAf'A1AA S i':': • '1•'.�w 1A/1G j•,f�w 4l I. ►► N I ; '' Jl"'.+a -.. r :car-rMal ' 1 .•• `-•tea '.,,-- C1Ua s+ry • • I' 411 I- • • - .=a• A1t•IU[ . i s17 6�+ .•iJ r % .' : • �1 -�•! mow.. ;% .r. _ w=�. • vivr- • • s.n.1.0.• ..1;..arz................ ••4 ..512.7.........."3---:.:72../.....:...,.......;..........i 22......:1„4.„.....7•......i...._ ....t,-.,. T.! .,:eiL,..71, r—ice• (1 7 �� q : w CCLLEG • -OR THQ • DESERT ..T• _,ytNyL. 1► ..1. _ r 1.....a�..•�.1 LEGEND: • iY Yi iitli l L �. �• 1 1 1 1 1 1 .�..... �i• t' .1....,; .-. x7.. 1• 20 ;•1 •1:.•.2.• .....i._• j% cd-City of PALM DESERT � la seat • -A • a•• 1.* 1••• ---:▪ •• t •'• wJ 171i�" par,;.111 •% •t•.1 •.�: _' '• 1� 1.111 1012• •••• • .—.!'• '••• • '. AREA BOUNDARY P.D. BOUNDARY -•�- P. D. CITY LIMIT Ni! t P. D. SPHERE UNE PALM DESERT CITY OF INDIAN WELLS REDEVELOPMENT PROGRAM COUNTY OF RIVERSIDE Figure I = ;_ -- : —EXISTING REDEVELOPMENT AREA Project Area Boundaries a Dr AT4.Ernron.mM.1 Sur.v., P404 T! t T in/r /a• -4- PLANNING COMMISSION RESOLUTION NO. 835 APPENDIX -5- PLANNING COMMISSION RESOLUTION NO. 835 Exhibit 1 BOUNDARY DESCRIPTION OF THE PORTION OF THE PROJECT AREA • TO BE DETACHED Beginning at a point on the present Western boundary of the City of Indian Wells the centerline of Portola Avenue as it intersects and joins the present boundary of the Palm Desert Redevelopment Project No. 1 dated August 13, 1981. Said point also being the Southeast corner of the Northeast quarter of the Southeast quarter of Section 29, Township 5 South, Range 6 East, San Bernardino Base and Meridian; Thence, Northerly along the present Western boundary of the City of Indian Welis, the centerline of Portola Avenue to the Northwest corner of Annexation No. 4 of the City of Indian Wells. Said point being the intersection of the centerline of Portola Avenue with the Westerly extension of the Northerly line of Lot 103 of Deep Canyon Ranch Properties Unit No. 3, as shown on Map recorded in Book 33 of Maps at Pages 97 and 98 inclusive, records of Riverside County, California; Thence, Easterly along the present boundary line of the City of Indian Wells to a point on the Northerly line of Lot 113 of said Map of Deep Canyon Ranch Properties.Unit No. 3 also being an angle point in the present boundary of the City of Indian Welis; Thence, Northerly and Easterly along the Easterly and Southerly boundary of said tract also being the present boundary of the City of Indian Wells to a point of intersection with the Easterly right- of-way line of Deep Canyon Ranch Road (Lot I) as shown on said tract mapand the Westerly prolongation of the Southerly line of Deep Canyon Ranch Properties Unit No. 2 as recorded in Book 29 of Maps at Pages 83 and 84 inclusive, records of Riverside County, California, -1- -6- PLANNING COMMISSION RESOLUTION NO. 835 said point being an angle point in the present boundary of the City of Indian Wells; Thence, Easterly along the Southerly boundary line of said tract also being along the present boundary of the City of Indian Wells to a point on the West line of the Northeast one quarter of the Northeast one quarter of said Section 28, said point also being an angle point in the present boundary of the City of Indian Wells; Thence, North 0°40'31" West along said West line and the present boundary of the City of Indian Wells 459.79 feet to the North line of said Section 28, also being an angle point in the present boundary of the City of Indian Welts; Thence, North 89°58'00" East along said North line and present boundary of the City of Indian Wells.1,256.63 feet to the Southeast corner of Section 21 also'being the centerline of Cook Street. Thence, North 0°07'00" East along said centerline and present boundary of the City of Indian Wells 1,327.83 feet to the Southeast corner of the Northeast quarter of the Southeast quarter of said Section 21; Thence, South 89°56'00" West along the South line of said Northeast quarter and present boundary of the City of Indian Welts 1,322.90 feet to the Southwest corner thereof; Thence, North 0°01'41" East along the West line of said Northeast quarter and present boundary of the City of Indian Wells and along the West line of the East half of the Northeast quarter of said Section 21 and present boundary of the City of Indian Welts 3,980.28 feet to the Northwest corner of said East one half; said point also being on the centerline of Fred Waring Drive (44th Avenue). Thence, Easterly along the present boundary of the City of Indian Welts and the centerline of Fred Waring Drive (44th Avenue) to a straight line which bears at right angles from the Westerly terminus -7- PLANNING COMMISSION RESOLUTION NO. 835 of that certain course in the Southerly line of Fred Waring Drive (44th Avenue) shown as having a bearing and length of _".North 89°49'33" East 1,031.14 feet"_an map of Tract No. 11870 recorded in Book 104 of Maps at Pages 24 to 32 inclusive, records of Riverside County, California, said point also being on the present boundary of said Palm Desert Redevelopment Project No. 1; Thence, leaving the present boundary of the City of Indian Wells and following the generally Eastern border of said Palm Desert Redevelopment Project No. 1 Southeasterly, Southerly, Northeasterly, Westerly and Southerly along the present boundary of said Palm Desert Redevelopment Project No. 1 and the general Westerly exterior boundary of Tract No. 11870, recorded in Book 104 of Maps at Pages 24 _to 32 inclusive, records of Riverside County, California, and following the same in all its various courses and curves to the Northerly boundary of Highway 111 as same existed on June 1, 1981; Thence, Easterly along said North boundary of Highway 111 and the present boundary of the Palm Desert Redevelopment Project No. 1 to the north -south centerline of Section 22, Township 5 South, Range 6 East, San Bernardino Base and Meridian also being the centerline of Rancho Palmeras Drive and /or its Northerly prolongation; Thence, Southerly along said north -south centerline and the present boundary of Palm Desert Redevelopment Project No. 1 to the South quarter corner of said Section 22, also being the centerline of Fairway Drive; Thence, Easterly along the Southerly line of said Section 22 and the present boundary of Palm Desert Redevelopment Project No. 1 to the Northerly prolongation of the Easterly boundary of Tract No. 14968-1 as per Map recorded in Book 112 Pages 7 to 14 inclusive, of said maps; Thence, Southerly along said Northerly prolongation, along said last mentioned Easterly boundary and along the Southerly prolongation of said last.mentioned Easterly boundary and the present boundary -8- PLANNING CutvitvUSSIUN KtSULU"I'ION NO. 835 of Palm Desert Redevelopment Project No. 1 to the centerline of West Eldorado Drive, as shown on said last mentioned map; Thence, Westerly, Southwesterly, Southerly and Southeasterly along said last mentioned centerline and the present boundary of Palm Desert Redevelopment Project No. 1 and following the same in all its various courses and curves to the Easterly prolongation of the Southerly line of Lot 224 of Eldorado Golf Club Estates Unit No. 6 as per Map recorded in Book 38 Pages 60 to 64 inclusive, of said Maps; Thence, Westerly and Northwesterly westerly lines of said Lot 224 and Desert Redevelopment Project No. 1 Parcel "C" of Parcel Map No. 16929 87, and 88 of Parcel Maps, Records Thence, Westerly and Northwesterly westerly boundaries of said Parcel of said Parcel "C"; along the Southerly and South - the present boundary of Palm to the Southerly boundary of recorded in Book 84 Pages 86, of •Riverside County, California. along the Southerly and South- "C" to the most Westerly corner Thence, Northerly along the Westerly boundary of said Parcel "C" and the Westerly boundary of Parcel "A" of said parcel Map No. 16929 and the present boundary of Palm Desert Redevelopment Project No. 1 to the Southerly line of Lot "A" (.Vintage Drive East) Tract No. 14968-1 as per Map recorded in Book 112, pages 7 to 14 inclusive, of said Maps; Thence, Westerly, Southwesterly, Southeasterly, Northwesterly, and Southeasterly along the general Southerly boundary of said last mentioned tract and the present boundary of Palm Desert Redevelopment Project No. 1 and following the same in all various courses and curves to the Easterly line of Governmental Lot 6, of the Southwest quarter of Section 28, said Township and Range as shown on Map of said Tract No. 14968-1; -9- PLANNING COMMISSION RESOLUI ION NO. ?35 Thence, Northerly along said last mentioned Easterly line and the present boundary of Palm Desert Redevelopment Project No. 1 to the Southerly boundary of that certain parcel of land described as Exhibit "A" in deed recorded on September 27, 1974, as Instrument No. 125117 of Official Records, Records of said County; Thence, Southwesterly, Northwesterly, Southerly and Westerly along the Southerly boundary of said certain parcel of land and the present boundary of Palm Desert Redevelopment Project No. 1 and following the same in all its various courses to the Westerly line of Section 28, said Township and Range; and the Point of Beginning. CHARLES HAVER AND ASSOCIATES PKO:hl March 31, 1982 J.N. 038 82 03 -10- PLANNING COMMISSION RESOLUTION NO. 835 EXHIBIT "B" INTEROFFICE MEMORANDUM City of Palm Desert TO: PLANNING COMMISSION FROM: DIRECTOR OF ENVIRONMENTAL SERVICES SUBJECT: GENERAL PLAN CONSISTENCY DETERMINATION AS PROPOSED AMENDMENT TO THE PALM DESERT REDEVELOPMENT PLAN DATE: DECEMBER 21, 1982 The planning commission at its last meeting continued this matter and instructed staff to secure responses to a series of concerns. Attached is a copy of a December 14th memorandum sent to the Palm Desert City Council and Palm Desert Redevelopment Agency setting forth the commission's concerns on the transfer of territory. The memorandum also identifies the relationship of these concerns and the commission's charge to determine general plan consistency. Also attached is a memorandum responding to the concerns set forth in the December 14th memo. These responses came from Bill Strausz, agency counsel. STAFF RECOMMENDATION: Based on the information received from legal counsel which addresses the concerns of the planning commission, staff would recommend that: (1) The planning commission determine the proposed amendment to the Palm Desert Redevelopment Plan, calling for the transfer of territory within the cooperate limits of the City of Indian Wells to the Indian Wells Redevelopment Agency, is consistent to the adopted Palm Desert General Plan by adopting the resolution so stating. (2) That commission further advise the Palm Desert City Council and Palm Desert Redevelopment Agency that based on the recommendation of legal counsel it should seriously postpone adoption of an ordinance accomplishing this amendment until the legal challenges to the Indian Wells Redevelopment Agency have been satisfactorily settled and dismissed. (3) Transmit to the city council and redevelopment agency the responses to the concerns raised in the memorandum of December 14, 1982. -11-