HomeMy WebLinkAboutRes No 1474PLANNING COMMISSION RESOLUTION NO. 1474
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF PALM DESERT CONFIRMING CERTAIN
MATTERS WITH RESPECT TO THE PRELIMINARY PLAN
FOR PROJECT AREA NO. 1, AS AMENDED, IN
CONNECTION WITH PROPOSED AMENDMENT NO. 6 TO
THE REDEVELOPMENT PLAN, AS AMENDED, FOR
PROJECT AREA NO. 1, AS AMENDED, AND MAKING
ITS REPORT AND RECOMMENDATION REGARDING THE
CONFORMITY OF PROPOSED AMENDMENT N0. 6
RECITALS:
A. The Palm Desert Redevelopment Agency proposes to
amend the Redevelopment Plan, As Amended, for Project Area No. 1,
As Amended, to provide for an increase in the limitation on taxes
to be allocated to the Agency, provide for an increase in the
amount of outstanding bonded indebtedness, provide for an
increase in the time limitation on establishing loans, advances
and indebtedness to finance the Project, provide for the
undertaking of additional capital improvement projects, provide
for the exercise of the power of eminent domain by the Agency in
connection with any public improvement, and provide for an
increase in the duration of the provisions of the Redevelopment
Plan, As Amended.
B. The Community Redevelopment Law (California Health
and Safety Code Section 33000, et seq.) provides that if a
redevelopment agency proposes to amend a redevelopment plan for
the purposes described in paragraph A of these Recitals, the
agency must follow the same procedure provided in Article 4 of
Chapter 4 of the Community Redevelopment Law for the adoption of
a redevelopment plan.
C. The Community Redevelopment Law provides that the
Planning Commission shall formulate a preliminary plan for the
redevelopment of each selected project area, and provides that
the Agency and the Planning Commission shall cooperate in the
formulation and preparation of a preliminary plan. In connection
with the proceedings for the adoption of the Redevelopment Plan,
As Amended, for Project Area No. 1, As Amended, the Agency and
the Planning Commission cooperated in the formulation and
preparation of the Preliminary Plan for Project Area No. 1, As
Amended, and such Preliminary Plan is on file in the records of
the Agency.
D. By previous resolution, the Agency found and
determined that the preliminary plan for Project Area No. 1, As
Amended, is now sufficient for the purposes of amending the
Redevelopment Plan, As Amended, for Project Area No. 1, As
Amended, to provide for the undertaking of additional capital
improvement projects, to increase the limitation of taxes to be
RESOLUTION NO. 1474
allocated to the Agency and the amount of outstanding bonded
indebtedness and to change land use restrictions in Project Area
No. 1, As Amended, as described in the recitals thereof, and
requested the Planning Commission to confirm the findings and
determinations of the Agency and the Planning Commission by
previous resolution confirmed the findings and determinations of
the Agency.
E. Subsequent to the adoption of the resolutions
described in paragraph D of the Recitals hereof, a provision was
deleted and provisions were added to proposed Amendment No. 6 in
accordance with paragraph A of these Recitals.
F. By previous resolution, the Agency requested the
Planning Commission to prepare recommendations regarding proposed
Amendment No. 6 and to report as to the conformity of proposed
Amendment No. 6 to the General Plan.
G. Agency staff has prepared proposed Amendment No. 6
to the Redevelopment Plan, As Amended, for Project Area No. 1, As
Amended, and has presented such proposed Amendment No. 6 to the
Planning Commission.
NOW THEREFORE, THE PLANNING COMMISSION HEREBY FINDS,
DETERMINES, RESOLVES AND ORDERS AS FOLLOWS:
Section I. The Planning Commission hereby finds and
determines that the Preliminary Plan for Project Area No. 1, As
Amended, is now sufficient for the purposes contemplated by
proposed Amendment No. 6 to the Redevelopment Plan, As Amended,
for Project Area No. 1, As Amended, as described in paragraph A
of the Recitals hereof and that such Preliminary Plan does not
require any change, modification or amendment in connection
therewith and hereby approves such Preliminary Plan in connection
with proposed Amendment No. 6 to the Redevelopment Plan, As
Amended, for Project Area No. 1, As Amended.
Section 2. The Planning Commission hereby finds and
determines that the location, purpose and extent of (i) real
property to the acquired by dedication or otherwise for street,
square, park or other public purposes, (ii) real property to be
disposed of, (iii) streets to be vacated or abandoned, and (iv)
public buildings or structures to be constructed or authorized,
all pursuant to or in furtherance of such proposed Amendment No.
6, are in conformance with the General Plan of the City of Palm
Desert.
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RESOLUTION NO. 1474
Section 3. The Planning Commission hereby finds and
determines that proposed Amendment No. 6 is in conformance with
the General Plan of the City of Palm Desert.
Section__4. The Planning Commission hereby finds and
determines that the Negative Declaration prepared in connection
with proposed Amendment No. 6 was completed pursuant to the
provisions of the California Environmental Quality Act and
guidelines promulgated with respect thereto, and that the
Planning Commission has reviewed and considered the contents of
the Negative Declaration prior to deciding whether to approve
such proposed Amendment No. 6.
Section 5. The Planning Commission hereby approves
proposed Amendment No. 6, a copy of which is attached hereto as
Exhibit A, and hereby recommends that such proposed Amendment No.
6 be approved and adopted by the Agency and the City Council of
the City of Palm Desert.
Section 6. The Secretary of the Planning Commission is
hereby authorized and directed to submit a copy of this
Resolution to the Agency and to the City Council.
PASSED, APPROVED AND ADOPTED this 2nd day of October,
1990, by the following vote, to wit:
AYES: DOWNS, JONATHAN, RICHARDS AND WHITLOCK
NOES: NONE
ABSENT: ERWOOD
ABSTAIN: NONE
RAMON A. DIAZ, SEC&'E,,7ARY
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3
Ag4 _ _
CAROL WHITLOCK, CHAIRPERSON
PLANNING COMMISSION RESOLUTION NO. 1474
Exhibit A
SIXTH AMENDMENT
TO THE
REDEVELOPMENT PLAN, AS AMENDED,
FOR
PROJECT AREA NO. 1, AS AMENDED
PLANNING COMMISSION RESOLUTION NO. 1474
INTRODUCTION
The City Council of the City of Palm Desert, pursuant to
Ordinance No. 80 of the City, approved and adopted the
Redevelopment Plan for Project Area No. 1 of the Agency on
July 16, 1975.
On March 24, 1977, the City Council, pursuant to Ordinance
No. 157 of the City, approved and adopted the First Amendment
making certain changes to the text of the Redevelopment Plan.
On November 25, 1981, the City Council, pursuant to
Ordinance No. 275 of the City, approved and adopted the Second
Amendment to the Redevelopment Plan which added a substantial
amount of new territory to Project Area No. 1. The Second
Amendment did not affect and made no changes to the text of the
Redevelopment Plan with respect to the territory included within
the original boundaries of Project Area No. 1. The application
of the text of the Second Amendment was and is confined to the
Territory Added to the Project Area pursuant to the Second
Amendment.
On October 13, 1983, the City Council, pursuant to Ordinance
No. 324 of the City, approved and adopted the Third Amendment to
the Redevelopment Plan which deleted a portion of the Territory
Added to the Project Area pursuant to the Second Amendment which
was within the territorial limits of the City of Indian Wells.
On November 29, 1984, the City Council, pursuant to
Ordinance No. 397 of the City, approved and adopted the Fourth
Amendment to the Redevelopment Plan which made certain changes to
the text of the Redevelopment Plan and to the text of the Second
Amendment. The changes made by the Fourth Amendment to the text
of the Second Amendment did not amend, modify, change or affect
the text of the Redevelopment Plan with respect to the territory
included within the original boundaries of the Project Area.
On December 7, 1989, the City Council, pursuant to
Ordinance No. 589 of the City, approved and adopted the Fifth
Amendment to the Redevelopment Plan which provided that if any
land use or proposed land use within a certain portion of the
Project Area conforms to the General Plan or Zoning Ordinance of
the City, then such land use or proposed land use shall be deemed
to comply with any and all land use restrictions contained in the
Redevelopment plan.
This Sixth Amendment to the Redevelopment Plan makes certain
changes to the text of the original Redevelopment Plan, As
Amended (Section 2 hereof) and to the text of the Second
Amendment, as amended by the Fourth Amendment (Sections 3 through
11 hereof). The changes made by this Sixth Amendment to the text
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PLANNING COMMISSION RESOLUTION NO. 1474
of the Second Amendment, as amended by the Fourth Amendment, are
not to be construed to amend, modify, change or affect the text
of the original Redevelopment Plan as it applies to the territory
within the original boundaries of Project Area No. 1 and the
taxes allocated to the Agency from such territory.
Section 1. The following terms shall have the following
meanings in this Sixth Amendment unless the context requires
otherwise:
"Added Territory" or "Territory Added to the Project Area"
or "Amended Area" means the territory added to the Project Area
pursuant to the Second Amendment.
"Agency" means the Palm Desert Redevelopment Agency.
"Amended Project Area" or "Project Area, As Amended," means
the area included within the boundaries of Project Area No. 1, as
amended by the Second Amendment and the Third Amendment.
"Amendment" or "Sixth Amendment" means this Sixth Amendment
to the Redevelopment Plan.
"City" means the City of Palm Desert, California.
"City Council" means the City Council of the City.
"Fifth Amendment" means the
Redevelopment Plan, approved and
the City.
"First Amendment" means the
Redevelopment plan, approved and
the City.
Fifth Amendment to the
adopted by ordinance No. 589 of
First Amendment to the
adopted by Ordinance No. 157 of
"Fourth Amendment" means the Fourth Amendment to the
Redevelopment Plan, approved and adopted by Ordinance No. 397 of
the City.
"Project Area" means the territory included within the
original boundaries of Project Area No. 1 of the Agency, as set
forth in the Redevelopment Plan approved and adopted by
Ordinance No. 80 of the City.
"Redevelopment Plan" or "Plan" means the Redevelopment Plan
for the Project Area.
"Second Amendment" means the Second Amendment to the
Redevelopment Plan, approved and adopted by Ordinance No. 275 of
the City.
"Third Amendment" means the Third Amendment to the
Redevelopment Plan, approved and adopted by Ordinance No. 324 of
the City.
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PLANNING COMMISSION RESOLUTION NO. 1474
3. The provision of drainage facilities throughout
the Project Area and the territory added to the
Project Area pursuant to this Amendment.
4. The provision of bridges across the whitewater
Channel at Monterey Avenue and Portola Avenue.
5. The provision of county public buildings, such as
public safety buildings and correctional
facilities.
6. The acquisition of land, buildings, structures,
facilities or improvements, the assembly of lands,
buildings, structures, facilities or improvements,
the disposal of land, buildings, structures,
facilities or improvements and payment for all or
part of the value of the land for and the cost of
installation and construction of buildings, struc-
tures, facilities or improvements in furtherance
of or as described in the Palma Village Specific
Plan, approved by the City Council of the City in
June, 1985; the Civic Center Master Plan, approved
by the Agency in July, 1988; the Commercial Core
Area Specific Plan, approved by the City Council
of the City in July, 1987; child care facilities,
a transit system, which is partially described in
the Soaping Study for Phase I Palm Desert People
Mover System Report and in furtherance of
improving and increasing the City's supply of
affordable housing."
Section 4. Section 5 beginning on page 2 and continuing to
page 3 of the Second Amendment, as amended by Section 4 beginning
on page 8 and continuing to page 11 of the Fourth Amendment, is
hereby amended to read as follows:
"SECTION 5: PROPOSED REDEVELOPMENT ACTIONS
In addition to those actions proposed in the Palm
Desert Redevelopment Plan, the Agency proposes to
eliminate and prevent the spread of blight in the Added
Territory by such actions as:
1. Installation, construction, or reconstruction of flood
control improvements, where necessary to accomplish
flood control objectives, the installation and con-
struction of drainage facilities, bridges and public
buildings.
The following is a summary of flood control work the
Agency intends to undertake. The Agency intends to
implement Alternative 1A modified as originally
described in the report 'Engineering Report on
Preliminary Design and Cost Estimate for Flood Control
7
PLANNING COMMISSION RESOLUTION NO. 1474
Works for Palm Desert - Rancho Mirage - Indian Walls by
Bechtel, Inc.1 This alternative represents the concept
of diverting all flood waters emanating from the Dead
Indian and Carrizo Creek Canyons into the existing Palm
Valley Channel. This is combined with the concept of
diverting all flood waters from Deep Canyon flowing
through the existing Deep Canyon Channel through Indian
Wells, as is presently the case. A series of debris
basins, collector channels and storm channels will be
either constructed or strengthened in Dead Indian,
Carrizo Creek, and Cat Creek Canyons. A more detailed
description of Alternative IA modified appears in the
Appendix.
2. Review of proposed developments to assure their
conformance with the objectives and proposals of this
Amended Plan.
The proposed Redevelopment actions are imperative
due to two disastrous floods in 1976 and 1979 that
devastated Palm Desert and surrounding communi-
ties. On September 9, 1976, rainfall from tropi-
cal storm Kathleen began falling on the City of
Palm Desert and surrounding mountains. Relatively
intense rainfall continued throughout the evening
and into the afternoon of September 10th. Before
the day was over, runoff from Carrizo, Grapevine
and Dead Indian Creeks had created a wall of water
several feat high that raced northeasterly through
the urbanized area of Palm Desert. Upon reaching
the Whitewater River Stormwater Channel, the main
body of water had widened to nearly a mile. In
its path, it had caused extensive damage to 500
homes in Palm Desert and 40 homes in Rancho
Mirage. Damage estimates totaled $6,299,000 in
Palm Desert and $180,000 in Rancho Mirage.
On September 23, 1976, another storm of very high
intensity again hit the Palm Desert area. The
extent of the damage was intensified as a result
of the effects of Tropical Storm Kathleen two
weeks earlier. On this occasion, the damage was
estimated at $900,000 in Palm Desert alone.
Once again in July of 1979, the Palm Desert area
was hit by torrential rains. Flood waters roared
out of the local canyons to the extent that the
Cities of Palm Desert, Rancho Mirage, and Indian
Wells suffered extensive flood damage. Damages in
Rancho Mirage totaled $7,200,000 while in Palm
Desert final estimates of flood -related damage
totaled $18,360,000. In Palm Desert alone, 3,920
housing units experienced flood damage. In Indian
Wells, flooding occurred due to overflow of water
8
PLANNING COMMISSION RESOLUTION NO. 1474
from the Deep Canyon Stormwater Channel. This
channel was overtopped as water from Dead Indian
Creek, Carrizo Creek and Deep Canyon was directed
through a system or dikes and channels into the
Deep Canyon Stormwater Channel. Despite the
breach of a sand dike above the City of Palm
Desert which dissipated much of the flow from Dead
Indian Canyon and Carrizo Creek, the water travel-
ing through the Deep Canyon Channel exceeded that
channel's capacity, resulting in damage to approx-
imately 60 homes in Indian Wells along with sub-
stantial damage to public facilities.
In July, 1979, the area experienced another
storm. Although not of the same magnitude as the
1976 storm, damage occurred primarily in the area
of Highway 111. Damage occurred as a result of
water flowing from above Palm Desert, down Portola
Avenue and subsequently east down State Highway
111.
3. The acquisition of land, buildings, structures,
facilities or improvements, the assembly of lands,
buildings, structures, facilities or improvements,
the disposal of land, buildings, structures,
facilities or improvements and payment for all or
part of the value of the land for and the cost of
installation and construction of buildings, struc-
tures, facilities or improvements in furtherance
of or as described in the Palma Village Specific
Plan, approved by the City Council of the City in
June, 1985; the Civic center Master Plan, approved
by the Agency in July, 1988; the Commercial Core
Area Specific Plan, approved by the City Council
of the City in July, 1987; child care facilities,
a transit system, which is partially described in
the Soaping Study for Phase I Palm Desert People
Mover System Report and in furtherance of
improving and increasing the City's supply of
affordable housing."
Section 5. Paragraph E of Section 6 beginning on page 6 and
continuing to page 7 of the Second Amendment, as amended by Sec-
tion 5 beginning on page 12 and continuing to page 13 of the
Fourth Amendment, is hereby amended to read as follows:
9
PLANNING COMMISSION RESOLUTION NO. 1474
"E. giect_Impact on Residents and Surroundina
Neighborhoods
The proposed project, which is the addition of terri-
tory to an already existing Redevelopment area, is for
the purpose of financing and construction of flood con-
trol facilities which will benefit the Cities of Palm
Desert, Indian Wells, and Rancho Mirage. Other
proposed projects are the installation of drainage
facilities, bridges and public buildings and the acqui-
sition of land, buildings, structures, facilities or
improvements, the assembly of lands, buildings, struc-
tures, facilities or improvements, the disposal of
land, buildings, structures, facilities or improvements
and payment for all or part of the value of the land
for and the cost of installation and construction of
buildings, structures, facilities or improvements in
furtherance of or as described in the Palma Village
Specific Plan, approved by the City Council of the
City in June, 1985; the Civic Center Master Plan,
approved by the Agency in July, 1988; the Commercial
Core Area Specific Plan, approved by the City Council
of the City in July, 1987; child care facilities, a
transit system, which is partially described in the
Scoping Study for Phase I Palm Desert People Mover
System Report and in furtherance of improving and
increasing the City's supply of affordable housing.
The flood control project will provide two major
benefits to residents and surrounding neighborhoods.
Firstly, it will protect the life, health, and prop-
erty, which are constantly threatened by flooding.
The Project Area is subject to flooding from two
primary sources. Flooding can and does occur from
local flows out of the adjoining Santa Rosa Mountains
primarily from Cat Creek, Dead Indian, Carrizo, and
Deep Canyons and has resulted in extensive damage to
public and private property.
The Project Area is prone to serious flooding from
'watershed runoff.' The City lies at the base of the
Santa Rosa Mountains whose steep gradients and barren
rocky slopes wash water and debris down canyons and
onto the alluvial fan contained within the Project
Area. considerable erosion occurs during the flooding
process with eroded materials being deposited along
roadways, across properties and inside commercial and
residential structures. Severe damage has been sus-
tained throughout the Project Area in the flood of
September, 1976, and in the flood of July, 1979. In
both occurrences, the City was declared both a Local
and Federal Disaster Area. Without the development of
10
PLANNING COMMISSION RESOLUTION NO. 1474
flood control facilities proposed by the Redevelopment
Plan, the entire Project Area will continuo to be sub-
ject to the hazards and economic losses resulting from
the flooding conditions.
Secondly, the proposed flood control project will
delete all the area within the Redevelopment area
boundaries from the provisions of the Federal Flood
Insurance regulations, thereby creating a substantial
savings to area residents for flood insurance premiums
and restrictive land use and building requirements."
Section 6. Section 12 on page 8 of the Second Amendment is
hereby amended to read as follows:
"aFQZ;ON la: LAND. BASEMENTS AND RIGHTS -OF -WAY
Land, easements and rights -of -way which are required
for the construction of public improvements may be
acquired by the Agency by gifts, devise, exchange,
purchase, or any other lawful method including eminent
domain. Acquisition of property will generally be
achieved by cooperative negotiations between the owner
of such property and the Agency.
The Agency shall not acquire real property to be
retained by an owner pursuant to a participation
agreement unless provision for such acquisition is made
in the agreement. The Agency is authorized to acquire
structures without acquiring the land upon which those
structures are located.
The Agency shall not acquire real property on which an
existing building is to be continued on its present
site and in its present form and use without the
consent of the owner, unless (1) such building requires
structural alterations, improvement, modernization, or
rehabilitation, or (2) the site or lot on which the
building is situated requires modification in size,
shape, or use, or (3) it is necessary to impose upon
such property any of the standards, restrictions and
controls of the Plan and the owner fails or refuses to
participate in the Plan by executing a participation
agreement."
Section 7. Paragraph B of Section 15 beginning on page 8
and continuing to page 9 of the Second Amendment, as amended by
Section 6 beginning on page 13 and continuing to page 14 of the
Fourth Amendment, is hereby amended to read as follows:
PLANNING COMMISSION RESOLUTION NO. 1474
"B. public Improvements
The Agency is authorized to install and construct or to
cause to be installed or constructed the flood control
facilities and drainage facilities necessary to carry
out the Plan. The Agency may also install and con-
struct bridges and public buildings. The Agency may
also acquire land, buildings, structures, facilities or
improvements, assemble lands, buildings, structures,
facilities or improvements, dispose of land, buildings,
structures, facilities or improvements and pay for all
or part of the value of the land for and the cost of
installation and construction of buildings, structures,
facilities or improvements in furtherance of or as
described in the Palma Village Specific Plan, approved
by the City Council of the City in July, 1985; the
Civic Center Master Plan, approved by the Agency in
July, 1988; the Commercial Cora Area Specific Plan,
approved by the City Council of the City in July,
1987; child care facilities, a transit system, which is
partially described in the Scoping Study for Phase I
Palm Desert People Mover System Report and in
furtherance of improving and increasing the City's
supply of affordable housing. Pursuant to Health &
Safety Code Section 33445, the Agency may, with the
consent of the City Council, pay all or part of the
value of any real property which is owned or which may
be acquired by the City or other public agency for
flood control improvements, drainage facilities,
bridges, public buildings or other structures,
facilities or improvements.
Pursuant to Health and Safety Code Section 33445, the
Agency may, with the consent of the City Council, pay
all or part of the cost of the installation and con-
struction of any flood control facility or flood con-
trol improvement, drainage facilities, bridges, public
buildings or other structures, facilities or improve-
ments. Such drainage facilities are generally
described in the 'City of Palm Desert, Master Drainage
Plan,' dated August, 1976, prepared by Harold Howsley,
in association with Wildan and Associates. Such
bridges will generally be located across the Whitewater
Channel at Monterey Avenue and Portola Avenue, and such
public buildings, structures, facilities or improve-
ments will be county public safety buildings and cor-
rectional facilities or buildings, structures, facili-
ties or improvements in furtherance of or as described
in the Palma Village Specific Plan, approved by the
City Council of the City in June, 1985; the Civic
Center Master Plan, approved by the Agency in July,
19881 the Commercial Core Area Specific Plan, approved
by the City Council of the City in July, 1987; child
12
PLANNING COMMISSION RESOLUTION NO. 1474
care facilities, a transit system, which is partially
described in the Scoping Study for Phase I Palm Desert
People Mover System Report and in furtherance of
improving and increasing the City's supply of
affordable housing."
Section 8. Section 23 on page 11 of the Second Amendment,
as amended by Section 7 on page 15 of the Fourth Amendment, is
hereby amended to read as follows:
"SECTION 23. LIMITATION ON THE NUMBZ,R OF DOLLARS
WHICH_ MAY BE DIVIDER AND ALLOCATED TO
THE AGENCY FROM THE AMENDED AREA
The limit on the number of dollars of taxes which may
be divided and allocated to the Agency from the area
added to the Project Area by this Amendment pursuant to
Section 21 hereof and Section 33670(b) is $500,000,000,
exclusive of amounts paid to any taxing agency, and
exclusive of amounts used to pay debt service, directly
or indirectly, on obligations of the Agency or any
taxing agency, to finance the acquisition of land or
the construction of buildings, facilities, structures,
or improvements of such taxing agencies."
Section 9. Section 24 on page 11 of the Second Amendment,
as amended by Section 8 on page 16 of the Fourth Amendment, is
hereby amended to read as follows:
"SECTION 24: TIME, LIMIT ON THE ESTABLISHING OZ LOANS.
ADVANCES. AND INDEBTEDNESS TO FINANCE l,._N
loglig OR IN PART THE REDEVELOPMENT
,PROJECT
Loans, advances and indebtedness to finance in whole or
in part the Redevelopment Project contemplated by this
Amendment and secured by the taxes allocated pursuant
to Section 23 above shall be established or incurred
within 15 years from the date of adoption of the Sixth
Amendment by ordinance of the City. Such loans,
advances or indebtedness may be repaid over a period of
time longer than such limit."
Section 10. Section 25 on page 11 of the Second Amendment,
as amended by Section 9 on page 17 of the Fourth Amendment, is
hereby amended to read as follows:
"SECTION 25: LIMITATION QN THE_AMOUNT OF BONDED
IPEBTEDNESS
The limit on the amount of bonded indebtedness to be
paid in whole or in part from allocation of taxes
pursuant to Section 23 hereof, which can be outstanding
at one time is $200,000,000, exclusive of bonds issued
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PLANNING COMMISSION RESOLUTION NO. 1474
to finance the acquisition of land or the construction
of buildings, facilities, structures, or improvements
of taxing agencies."
SECTION 11. Section 31 on page 12 of the Second Amendment
as amended by Section 10 on page 18 of the Fourth Amendment, is
hereby amended to read as follows:
"SECTION 31: DUR.ATION OF TKIS AMENDMENT
Except for the nondiscrimination and nonsegregation
provisions which shall run in perpetuity, the
provisions of this Amendment shall be effective and the
provisions of other documents formulated pursuant to
this Amendment made effective for 45 years from the
date of adoption of the Sixth Amendment by ordinance of
the City. By resolution, the Agency may provide that
the provisions of this Amendment shall be effective and
that the provisions of other documents formulated
pursuant to this Amendment may be made effective beyond
forty-five years upon a finding and determination by
the Agency set forth in such resolution that extending
the duration is necessary and appropriate in connection
with the effective redevelopment of the Added
Territory."
Section 12. Sections 3 through 11 hereof of this Sixth
Amendment are intended to and shall apply only to the provisions
of the Second Amendment, as amended by the Fourth Amendment.
Sections 3 through 11 hereof of this Sixth Amendment are not
intended to and shall not be construed to amend, modify, change
or affect in any way the provisions of the Redevelopment Plan.
14
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