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HomeMy WebLinkAboutCC RES 93-060RESOLUTION NO. 93-60 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT ADOPTING WRITTEN FINDINGS IN RESPONSE TO WRITTEN OBJECTIONS, COMMUNICATIONS AND SUGGESTIONS IN CONNECTION WITH THE PROPOSED REDEVELOPMENT PLAN FOR PROJECT AREA NO. 4 OF THE PALM DESERT REDEVELOPMENT AGENCY THE CITY COUNCIL OF THE CITY OF PALM DESERT HEREBY FINDS, DETERMINES, RESOLVES AND ORDERS AS FOLLOWS: Section 1. A proposed redevelopment plan (the "Redevelopment Plan") for Project Area No. 4(the "Project Area") of the Palm Desert Redevelopment Agency (the "Agency") has been prepared by the Agency. On June 10, 1993, a duly noticed joint public hearing on the proposed Redevelopment Plan was conducted by the City Council of the City of Palm Desert (the "City Council") and the Agency, and such joint public hearing was continued to June 24, 1993 (the "joint public hearing"). Any and all persons having any objections to the proposed Redevelopment Plan or who deny the existence of blight in the Project Area or the regularity of any of the prior proceedings, were qiven an opportunity to submit written comments prior to the commencement of or at the joint public hearing or to give oral testimony at the joint public hearinq and show cause why the proposed Redevelopment Plan should not be adopted. Written objections, communications and sugqestions were received before or at such joint public hearing and are attached hereto as Exhibit A. Section 2. Having reviewed such written objections, communications and suggestions, the City Council, pursuant to Health and Safety Code Sections 33363 and 33364, hereby adopts written findings, attached hereto as Exhibit B, in response to each written objection, communication and suggestion, which written objections, communications and suggestions are set forth in Exhibit A, attached hereto. The City Council has not accepted specified written objections, communications and suggestions for the reasons set forth in the attached written findings in f RESOLUTION NO. 93-60 response to such written objections, communications and suggestions. PASSED, APPROVED and ADOPTED this 8th day of July, 1993 by the following vote, to wit: AYES: CRITES, KELLY, SNYDER, WILSON, BENSON NOES: NONE ABSENT: NONE ABSTAIN: NONE ATTEST: . �- � �/_ . i, i� - /�" � ' �,� Sheila R. Gi ligan, C� y Clerk bJ � ��z � �� M. Benson, Mayor . - 2 - RESOLUTION NO. 93-60 Exhibit A WRITTEN OBJECTIONS, COMMiJNICATIONS AND SUGGESTIONS IN CONNECTION WITH THE PROPOSED REDEVELOPMENT PLAN FOR PROJECT AREA NO. 4 OF THE PALM DESERT REDEVELOPMENT AGENCY RESOLUTION N0. 93-60 tAiRL ACO�M�MC 1���♦ - i�Q71 .�nuw�C[ C s.�RA��� o► c�...-. ��3- ti Ir M4CAA�.,.• :�c�.�.� � s•.o•� O�.t* C 4E=� Rr� GL4Al^ 'M CA.(:A.N;� G�I�C�I� . OAMN.�O Tw.Or..i L �w�.�NE[�. !*svtti • v�SOT' RA'�MG�J ^ M..LL�O�►ro RO�[r*� vNC[AtCh JA [ M�C��►C. SOCC�O �V'F� � �CAR[ JOM+v �� fACWv •ocr.o+sa ��:...yy,c�•� cc�son�� ��., Mr. Carlos Ortega Czty of Palm Desert 73-510 Fred Warinq Dr. Palm Desert, CA 92260 June 24, 1993 iH0 MnAKCT s�:+c[* RIVLKMIDL GALI►nnN{A 91SOi �wE� GOCt •00 TC.C���pN[ •�� �3=�- ►�x ee+-fls., F�X 37a-�C07 �:7!� w �AVT� �NA •IVD. SViTC •i� �AN7A ANA. ,r.wL1FORNIA fl27U1 �R�� C00� 7'4 TELC�`MOhC SLi'.�j4 IAR s�� �7�0 l►C►LY TO Riverside RE: Redevelopment Aqency Project Area No. 4 Public Kearing - June 24, 1993 Dear Mr. Ortega: I am general counseZ to the Coachella Valley Water District. The District's General Manager, Tom Levy, has advised me that the continued public hearing is to be held toniqht, June 24, 1993, and that you have �dvised him that the Redevelopment AqenCy will continue to discuss a rQsolution of the Oistrict's concerns about the validity of the project and th� District�B request for a "pass through" of the taxes it would roceive if the project does not qo forward. I further understand that you have advised him that in ths event that agreement betwecn the City Redevelopment Agency and the District is not reach�d within b0 days, you wou].d �`agree that the Diatrict would still be able to fi2e a leqal challenge to the projtct dnd that the City would not raise the defense ot nonexhaustion of adr..inistrative remedies.'� I appreciate your position and certainly the district is willing to cooperate r�nd to continue discussing resolutivn of its concerns but, from a legal standpoir.t, I fecl it n�cessary to go or► record, on behalt of thc District, as opposinq the project as presently proposed, basod upon our conclusion that the subject area or the project is not blighted as r�quired by redavelopmant ?aw. I would appreciate you placing �► copy oi this letter which will be �axed to you in t�e record at toniqht�s public hearing. L`w Orr�GCf REDWINE AND SHERRILL • ��i�ra[��w�r �NCwoiN�: �wtt.c�s�•ibl�� eGn�pllnri0"• This "objection" is in no way to be taken as a sign that the District will not continue to cooperate and to meet and discuss RESOLUTION N0. 93-60 �r. Carlos Orteqa Page 2 June 24, 1993 the issues with city ataff in the hopes that a resolution will be achieved. Very truly yours, REDWINE AND SHER.RILL By Gerald D. Shoat GDSijfv cc : Mr . To�n Levy �sw pFr�cc� REDWINE AND SHERRILL RESOLUTIO�� N0. 93-60 � +`\ - � — �E : - - ;, . � e e � u r ,�i 1 . \\ / ' `'' / / County Administratiue Office June 10, 1993 I�Ir. Carlos Orteqa Executive Director Pal� Desert Redevelop�ent agency 73-510 Fred i�arinq Drive Pal� Desert, C1� 92260 RE: Pals Desert Redevelop�ent l�gency - Pro ject Pirea No. 4 County of Riverside Co�ents Dear Mr . orteqa : The County of Riverside has reviewed and evaluated Pals Desert Redevelop�ent Aqency's proposed Pro ject l�irea Mo. 4. iie find the proposed redevelop�ent plan, related enviror�ental doc�ents and the City General plan lackinq in several vital areas. In addition, the proposad redevalop�ent plan causes extrase fiscal detri�ent to the County Genaral lund. Consequently, the County ot Riverside ■ust opposa adoption of the proposed plan at this tiae. f�e hava praviously aub�itted to the l,qency the report prepared by the Fiscal Raviev C�ittee for Project �rea No. 4, the County's independent fiacal analysis, and a vide array of intor�ation which docu�ants tha liscal i�pact of this proposal on County finances. In addition to thase previous sub�ittals, the County herevith provides coaents and infor�ation relativa to the follovinq: i) financial burden and detriaent; 2) validity of the proposed redevelop�ent plan; 3) ooapliance �rith the Calilornia �viron�ental Quality l�ct; 4) adequacy of the City's qeneral Plan; and 5) si�ary and recoaendations. Robert T. Andersen Administrative Center 4080 LEMON SZREET • 12TH FLOOR • RIVERSIDE. CALIFORNIA 92501 • 17141 787•2544 �ESOLUTION N0. 93-60 � . . 1: � :�� � �!� � ai�Y; �.��+.Y Section 33012(a) of the California Health and Safety Code defines financial burden or detrisent as either of the followirig: 1. "a net increase in the quality or quantity of a service of the affected taxing entity caused by the redevelopsent project" or 2. "a loss of property tax revenues by the affected taxing entity produced by a change of o�mership or new construction which would have been received, or was reasanably expected to have been received, by the taxinq entity if the redevelopaent project aas not established". The County provides health, welfare, crisinal juetice and other services to residents of Pal� Desert and the proposed project area. 1�►�ccordinq to the Dralt �vironaental I�pact Report for the Redevelop�ent Plan for Pro ject Area No. 4, 3tate Clearing House I%. 93022044, the plan will cause an increased deaand for these services by stianletinq popu2ation qrovth, Dousinq qrovth and eaploysent qrovth in and around the project area. The County �rould concur vith this assesssent, financial burden or detri�ent as defined pursuant to 33012(a)(i), and request that the Aqency pravide app�ropriate aitiqation as specffied in the Report ot the Fiscal Reviev Coa�ittee. The County relios on prnperty ta�c revenua producad by chanqes in property ovnership and lro�a nev construction to financo aervices to PaI� Desart and the P�P�� Project area. County budgets subaitted into th� reaord de�onstrate the County's reliance on these revenuee in tba past and establish tLa County's expectation to receive aaid revenue in the tuture. T'8� proposed plan will divert thia revenue tro� the County to the Pala Desert Redevelop�ent l�qoncy; as a result, the County vill hava inadaquate resourc�s to linanc� the escalating oost o! services currently provided in the proj�ct area. T'his linancial burdan or datrisent, aa det fned in 33012 (a )( 2), aleo requiraa �itiqation as spacilied in tha Report ot the liscal Reviev Coa�ittse. v�►T.te7TY O! 'Pi� P't�OP'OS� R�SV�rOPM�l' Pt��ill The County i�ss s�rious concerna reqardinq the validity o! the proposed redevelop�snt plan in it'a presant lor�. our concerns includ�, but are not liaited to, the lollovinq: 1, Th� proposed project area is not preda�inantly urbanized as required by Heslth and 3alety Code Sectian 333Z0.1. 2. � findinq o! bliqbt by City and jrqancy cannat be supPcrted by the available evidence. RESOLUTION N0. 93-60 3. The proposed project area includes aany parcels which are obviously not blighted, and vhich are unnecessary for the effective redevelopaent of the area. 4. There is a lack of supportinq evidence to 'ake the findinqs required by Health and Safety Code 33367 reqardinq the iapact of tax incresent financinq on taxinq entities which derive property tax revenue fro� project area No. 4. 5. The �,gency has not adequately de�onstrated the need for public participation or provided substantial evidence that private enterprise actinq alone cannot eli�inate the alleqed bliqht. 6. The available evidence fails to suppc>rt a findinq that the redevelop�ent plan vill pro�ote "the pliblic peace, health, saiety and welfare" as required by Realth and Safety Code Section 33367. 7. The proposed redevelop�ent plan does not confor� to the City's General Plan. 8. The plan does not provide strict tiscal li�its as required by the Cosunity Redevelopaent Lay. k�;.�J , y� ./ 4: V��- a�);�, -'.\'/1;,�:,�.�!.Y �.�.. MV . h+ The Environaental Iipact Report ( BIR) !or t,i�e propcsed plan appears inadequate in a variety o! areas. TDe spacitic deiiciencies include, but are not liaited to, the tollo�rinq: 1. Ttie EIR does not adequately aasess or provide for aitiqation ot the proposed redevalopaent plan's iapact on the County. 2. Tlie EIR do•s not adequately distingnisD betMssn sitiqation required by t.� Calilornia �viron�antal Quality 1�ct and the Caaunity R�ad�valop�ent La�. 3. T'!ie BIR does not identily bo�r tDe C�ovnty Mould provide increased services vitDout the tax revenu�s lro�a tha project area. 4. T'�e EIR does not adequately discuss the tiainq for iapleaentation o! th� propoaed redevelop�ent plan. 5. Th� EIR doas not adequately addr.ss t�Le iapect ot ca�pliance vith t.ba plan's lov and soderate-inco�s requiresents• 6. TDe BIR does not adoquat�ly consid�r tDe alt�rnative of private entsrprise actinq alone to develop th� p�op�osecl Project aroa. 7. The BIR doee not adequately addreaa �iqration into the area as a reeult o� the proposed redevelop�ant plan. QESOLUTION N0. 93-60 �iD�QQ�iCY OF CITY' S GENffii�iL PL�iN r,s a prerequisite to the adoption of a redevelop�ent plan, Health and Safety Code Section 33302 requires the City to have adopted a General Plan which �eets the requireaents containad in Governaent Code Section 65302. The City's General Plan fails to subBtantially coaply vith Governsent Code section 65302. The deficiencies include, but are not liaited to, the folloMinq: 1. The General Plan tails to adequately specify develop�ent policies, objectivea, principles and standards. Z. The General Plan is out of date, faila to accurately reflect current conditions, and inoorporates incorrect and obsolete data. 3. The land use elesent contains the lollaving deficiencies: (a) fails to adequately desiqnate the proposed qeneral distribution and generel location and srtent ot uses of the land for housing, businesa, industry, open apece, agriculture, natural rasourcee, recreation, acenic beauty� aducation, public baildinqs, solid and liquid vaste facilities, and other catagories of public and private uses o! land. (b) lails to adequately set standards !or population and buildinq density. (c) fai2s to edequately identity arees subject to floodinq. 4. Z'!ie circulation elesent lails to ad�quately correlate vith the land use ele�ant. 5. The houaing elesent contains the tollarinq deficiencies: (a) lails to provide an adequate aaaeassent o! housinq n�ads and an adequate inventory ot r�aources. (b) contafns an inadequate analysis o! household charactariatics. (c) c�anta3ns an inadequate analysis o! popnlation and e�ployaant trends. (d) laila to adequately project and Quantify the housinq needs !or all inco�e levels. (e) faila to adequately analyse spscial housing needs- RESOLUTION N0. 93-60 '11.�. . : . .!� : " �s�..�.�.�.1�..' • . The County of Riverside has several areas of concern relative to the proposed redevelopsent plan. First, ve w�ould point to the fiscal detri�ent issues outlined in the Report of the Piscal Revier�+ Coaittee and ask the J�i�qency to adopt the sitigation seasures contained therein. Second, the legal and enviroriaental issues raised in this docuaent should be discussed and resolved by County and 1�qency staff prior to adoption of the proposed plan. Consequently, Mre are urqinq the lhqency to postpone adoption of the proposed redevelop�ent plan at this ti�e to allov staff to resolve the various fiscal, leqal and enviror�ental concerns relative to this project. i1e apprecinte the opportunity to and look lorvard to v�orking vith these outstandinq issues. coaent on the proposed aaendaent City and Aqency staff to resolve pectfully sui�ai ted, I , Bradley J Deputy Coun y l�inistrative oliicer RESOLUTION NO. 93-60 Exhibit B WRITTEN FINDINGS OF THE CITY COUNCIL OF THE CITY OF PALM DESERT IN RESPONSE TO WRITTEN OBJECTIONS, COMMUNICATIONS AND SUGGESTIONS PREPARED PURSUANT TO CALIFORNIA HEALTH AND SAFETY CODE SECTIONS 33363 AND 33364 IN CONNECTION WITH THE PROPOSED REDEVELOPMENT PLAN FOR PROJECT AREA NO. 4 RESOLUTION N0. 93-60 RSSPQNSS R.EGARDING CONCERNS OF THE COACiiBLLA VALLBY WATSR DISTRIGT TO PROJFCT ARSA NO. 4 This response is prepared by the Palm Desert Redeveloomen� Agency pursuant to Section 33364 of the Health and Safety Co�e regar3ing concerns of the Coachella Valley Water District in regard to the existence of Blight in the Pro7ect Area. The Redeveiopmen� Plan as incorporated in the Report to the Legislative Body adequately documents the existence of Bliqht in the Pro�ec� Ar=a and is sufficient to warrant the establishment of the Pro;ect Area. RESOLUTION N0. 93-60 RSSPONSS FOR TH$ R$CORD The following text is in response to letter received from Bradley J. Hudson, Deputy County Administrative Officer, dated June 10, 1993, reqarding County's concerns on the Redevelopment Plan for Project Area No. 4. This response is being generated pursuant to Section 33364 of the Health and Safety Code related to written objections of the Redevelopment Plan. The County of Riverside has reviewed and evaluated the Redevelopment Plan and finds concerns with the Plan related to environmental documents and the City's General Plan. With regard to the specific concerns for the Redevelopment Plan, the County indicates that: � �! •- 4:' ':•'• "� :."�" /� •'ti�� .� 1. The proposed project area is not predominantly urbanized as required by Health and Safety Code Section 33320.1. Ave cv Response: The regardinq urbanization the Redevelopment Plan Leqislative Body. 2. 3. Project Area meets all the criteria and that such criteria is evident in as incorporated in the Report to the A findinq of blight by City and Agency cannot be supported by the available evidence. Acencv Resvonse: The Redevelopment Plan as incorporated in the Report to the Leqislative Body has sufficient docwnentation of bliqht to warrant a findinq for the Project Area. The proposed project area includes many parcels which are obviously not blighted, and which are unnecessary for the effective redevelopa�ent of the area. Aaencv Resoonsa: The Redevelopaent Plan and the Report to Leqislative Body docua�ents sufficiently the evidence of blight in all areas of the Project Area. 4. There is lack of supportinq evidence to a�ake the findings required by Health and Safety Code 33367 reqardinq the impact of tax incre�ent financinq on taxinq entities which derive property tax revenue from Project Area No. 4. Acencv Res�on�e: The Redevelops�ent Plan as incorporated in the Report to Leqislative Body does provide sufficient documentation. 0 RESOLUTION N0. 93-60 The Agency has not adequately demonstrated the need for public participation or provided substantial evidence that private enterprise acting alone cannot eliminate the alleged blight. Avencv Response: The Redevelopment Plan as incorporated in the Report to Legislative Body provides sufficient and adequately documents the need for the Plan to alleviate blight. 6. The available evidence fails to support a findinq that the redevelopment plan will promote "the public peace, health, safety and welfare" as required by Health and Safety Code Section 33367. Avencv Resoonse: The Redevelopment Plan as incorporated in the Report to Leqislative Body provides sufficient supporting documentation to make a finding that the Redevelopment Plan will promote public peace, health, safety and welfare as required by said Section. 7. The proposed redevelopment plan does not conform to the City's General Plan. Acencv Res�onse: The Redevelopment Plan as incorporated in the Report to the Legislative Body provides evidence that the Plan does in fact conform to the City's General Plan. 8. The plan does not provide strict fiscal limits as required by the Community Redevelopment Law. Acencv ResDonse: The Redevelopa�ent Plan as incorporated in the Report to the Leqislative Body does include fiscal limits as evidenced in the Plan. • Y ' : . 4� y. V.�- " � � . - .\ : • .l.�-1.M . • . 1� : �1! The CBQA required 45 days public review period for the Draft EIR ended on May 21, 1993. All public aqencies and individuals had until that date to submit written comn�ents to the Draft EIR to the City of Palm Desert. The written coma�ents to the Draft EIR received fro■ the County of Riverside are dated June 10, 1993 which is after the date that written comments were to be received by the City. In an effort to comply with the intent of CEQA and provide as much environ�ental information for the project as possible, the City has provided the following responses to the County' s cownents . 2 RESOLUTION N0. 93-60 Responses to the County of Riverside letter dated June 10, 1993 to the Draft EIR for Project Area No. 4: 1. Comment: The EIR does not adequately assess or provide for mitigation of the proposed redevelopment plan's impact on the County. Response: The Draft EIR adequately addresses all of the potential environmental effects that have been identified to date associated with adoption and implementation of the proposed redevelopment plan. The EIR addressed all impacts that could be anticipated to occur to the County of Riverside with Plan adoption. CEQA does not require that impacts to the County of Riverside be discussed separately from other impacts. 2. Comment: The EIR does not adequately distinquish between mitigation required by the California gnvironmental Quality Act (CEQA). Even if a measure is otherwise required by law, it can serve as mitiqation under CEQA. Res�onse: All of the mitigation measures in the Draft EIR are provided in co�pliance with the California Environmental Quality Act (C$QA). 3. Comment: The EZR does not identify how the County wot�ld provide increased services without the tax revenues from the project area. Res�onse: Fiscal issues are not required to be addressed in an EIR as stated in Section 15131 of the CEQA Guidelines. Fiscal issues and impacts are addressed by the Aqency during the fiscal review process of the adoption of the redevelopment plan. 4. Co�ent: The $IR does not adequately discuss the timing for implementation of the proposed redevelopment plan. Resnonse: The Draft $IR states on page 2 that the Plan would take effect once adopted and the Plan would be in effect for 40 years. 5. Couent: The 8IR does not adequately address the impact cf coepliance with the plan's low and moderate incose require�nents . Resvonse: Section 4.1 Population and Housinq, of the Draft EIR adequately addresses the potential impacts associatedr+ith the use of set-aside tax increaent revenue to provide, preserve and protect loN and ■oderate incoae housinq with project imple�entation. 3 RESOLUTION N0. 93-60 6. Comment: The EIR does not adequately consider the alternative of private enterprise acting alone to develop the proposed project area. Response: The EIR is not required by the CEQA Guidelines to discuss or evaluate whether or not private enterprise could develop the Project Area. A reasonable range of alternatives to the Redevelopment Plan are set forth in the EIR. 7. Comment: The EIR does not adequately address migration into the area as a result of the proposed redevelopment plan. Resoonse: The EIR adequately addresses on page 35 the potential effects associated with additional people moving into the Project Area. As stated on paQe 35 there could be an increase in the number of people livinq in the City due to development within the Project Area. The EIR also analyzes growth-inducing impacts of the Project. s� • • -, - i: :, 1. The General Plan fails to adequately specify development policies, objectives, principles and standards. Aaencv Resoonse: we disaqree with the County's findinq that the General Plan does not adequately specify development of policies, objectives, principles and standards. 2. The General Plan is out of date, fails to adequately reflect current conditions, and incorporates incorrect and obsolete data: Aaencv ResDons�e: we disaqree with the County's finding. The General Plan is updated and does reflect adequate current conditions, and does not incorporate incorrect and obsolete data. 3. The land use ele�ent contains the followinq deficiencies: a. fails to adequately desiqnate the proposed qeneral distribution and qeneral location and extent of uses of the land for housinq, businesa, industry, open space, agriculture, natural resources, recreation, scenic beauty, education, public buildinqs, solid and liquid waste facilities, and other cateqories of public and private uses of land. Aaencv Regoon�e: iie disaqree with County's findinq. The land use elesent is updated and adequately designates the proposed qeneral distribution and qeneral location and extent of uses of the land for housinq, business, industry, open space, !� RESOLUTION N0. 93-60 agriculture, natural resources, recreation, scenic beauty, education, public buildings, salid and liquid waste facilities, and other categories of public and private uses. b. fails to adequately set standards for population and building density. AQencv Response: We disagree with County's finding and find that the General Plan does set standards for population and buildinq density. c. fails to adequately identify areas subject to flooding. Avencv Response: we disagree with County's finding and find that the General Plan does adequately_identify areas subject to flooding. 4. The circulation element fails to adequately correlate with the land use element. Avencv Response: we disaqree with County's findinq and find that the General Plan does adequately correlate with the land use element. 5. The housinq element contains the following deficiencies: a. fails to provide an adequate assessa�ent of housing needs and an adequate inventory of resources. Avencv Response: �le disaqree with County's findinq and find that the housinq element does provide adequate assessment of housing needs and adequate inventory of resources. b. contains an inadequate analysis of household characteristics. Acencv ResQonse: f�e disaqree with County's findinq and find that the General Plan's Housinq 8lement does contain adequate analysis of household characteristics. c. contains an inadequate analysis of population and employment trends. Acencv Resvonse: we disaqree with County's findinq and find that the General Plan's Housinq 8lement does contain an adequate analysis of population and employment trends. 5 RESOLUTION N0. 93-60 -. . d. fails to adequately project and quantify the housinq needs for all income levels. AQencv Res�onse: we disagree with the County's finding and find that the General Plan's Housing Element does adequately project and quantify the housing needs for all income levels. e. fails to adequately analyze special housing needs. AQencv Response: We disaqree with the County's finding and find that the General Plan's Housinq Element does adequately analyze special housing needs. We file this response to the County's concerns regarding Project Area No. 4 in accordance with Health and Safety Code Section 33364. In addition, we have been meeting with the County in an effort to determine any fiscal detriment it may experience from the Project Area, and will continue to make every effort to identify any fiscal detriment that County may experience, and work with the County if such is found to mitiqate that detriment. DATE: June 16, 1993 �-/�� Carlos L. Orteqa Executive Director � 6