HomeMy WebLinkAboutORD 80comm N0. LO
AN ORDMIIANCE OF THE CITY OF PAtX DMERT APPROV-
IM AND ADOPTING A REDMWPMENT PLAN FbR PRO-
JECT AREA NO. 1 IN THE CITY OF PALM DESERT,
CALIFORNIA AS THE OFFICIAL REDEVELOPMENT PLAN
POR MM W WECT AREA.
VNERM, the Pals Desert Redevelopment Agency of the City of
Pali Desert, California ("Agency") has prepared and approved a
Redevelopment Plan for Project Ara& No 1 in the City of Pals
Desert, and has recommended that the City Council approve and
adopt said Redevelopment Plan; and
VNEREAS, the Planning Commission of the City of Palm Desert
has submitted its report and recommendation, recommending approval
of the Radevelopme. Ilan for Project Area No. 1; and
MNEREAS, the Agency has adopted rules for owner participation
and reentry of business within the Project Area; and
WNEREAS, a joint public hearing has been h.,.d by the Agency
and the City Council, duly noticed as required by law, and the
Agency and Council have received written phonographic and oral
testimony concerning the Redevelopment Pan for Project Area No. 1.
NOW, THEREFORE, the City Council of the City of Palm Desert
does hereby ordain as follows:
Section 1: The City Council hereby declares that its pur-
poses ann i tent with respect to Project Area No. 1 are:
a) To eliminate the conditions of blight existing in
the Project Area.
b) To prevent the reoccurrence of blighted conditions
within the Project Area.
c) To provide for participation by owners and tenants
and preferences to persons engaged in business within the Project
Area to participate in the redevelopment of the Project Area,
to encourage and insure the development of the Project Area in the
manner set forth in the Redevelopment Plan, to provide for the
relocation of any residents displaced by the effectuation of the
Redevelopment Plan; and
d) To improve and construct or provide for the construc-
tion of public facilities, roads, recreational areas and other
public improvements to the benefit of the Project Area and the
general public.
Section 2: The Redevelopment Plan for Project Area No. 1
in the* T1t� Pals Desert, as submitted to the City Council, is
hereby approved and designated as the official Redevelopment Plan
for that Project Area.
Section 3s The Redevelopment Plan for Project Area No. 1 in
the City f FaIn Desert is hereby incorporated herein by reference
and made a part hereof as if fully set forth at length herein.
action ys The City Council of the City of Pals Desert
beraby s and determines thats
a) Project Area No. 1 is a blighted area, the redevelop -
seat of which to necessary to effectuate the public purposes
declared is the Community Redevelopment Law of the State of
Califoruia.
AWNDED WNDED
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ta'
� lop w t Plan !or lret Area No. 1 would
lMlrwle� tM aroa lti oonfonity With the ComMity RedeVelopoent
Lam of the state f California and in the interest of the public
Nee * health$ safety and Welfare.
a) 11+a adoption and eatryins out of the lledevel nt
flaw he Project Area No. 1 is economically sound and feast le.
d) The Redevelopment Plan for Project Area No. 1 con•
fore to the General Plan of the City of Palm Desert.
a) The carrying out of the Redevelopment Plan for Pro act
Area Me. 1 Would promote the public peace, health, aafety and wel-
fare of the community and Would effectuate the purposes and policy
of the Community Redevelopment Law of the state of California.
f) The condemnation of real property as provided for
In the Redevelopment Plan for Project Area No. f, is necessary to
the execution of the Redevelopment Plan and adequate provisions
have bean made for payment for property to be acquired as provided
by law.
S) The Redevelopment Agency has a :sasible plan for the
relocation of families and persons displaced from the Project Area,
in the event the Redevelopment Plan may result in the temporary
or permanent displacement of any occupants of housing facilities
in the Project Area.
h) There are, in areas other than the Project Area
not generally less desirable in regard to public utilities and
public and commercial facilities and at rents or prices within the
financial means of the families and persons 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.
Section S: The Cit Council is satisfied that permanent
housingcilities will Ie available within three (3) years from
the time occupants of the Project Area are displaced and that
pending the development of such facilities there will be available
to such displaced occupants adequate temporary housing facilities
at rents comparable to those in the community at the time of their
displacement.
Section 6: The Redevelopment Plan provides for the expen-
diture oi—moner by the City of Palm Desert in carrying out the
Redevelopment Plan, and authorizes the City to financially assist
the Agency by way of loans, $rants. or other financial assistance.
The City Council hereby provides that all such financial assistance
shall be deemed to be loans to the Agency, which shall beat interest
at the rate of seven percent (7%) per annum until repaid, unless
the City Council provides in any specific case that the expenditures
shall be treated otherwise than as a loan.
Section 7: The City Council hereby declares its intention to
Wader a e as col late any proceedinl63 necessary to be carried out
by the City of Pals Desert under the provisions of the Redevelop-
ment Plan, and requests that all City departments and commissions
cooperate with the Agency in carrying out the provisions of the
Redevelopment Plan.
Section S: Upon the filing of this Ordinance adopting the
Redeve opmee► Plan for Project Area No. 1 with the City Clerk. the
City Cleric is hereby directed to send a certified copy of the
Orduuwe to the Ro4svelopoent Agency of the City of Pala Desert,
and the Agency is vested with the responsibility for carrying out
the Redevelopment Plan for Project Area No. 1
•20
IPA. • �1A1INANCt.1p. Al
M.31
TM City Wilding tmpartennt' o hereby directed,
!rt! a pe hie (2) rare after the adoption of this Ordinance,
to Mriee all anlicents for building permits in Project Area No.
i tbat the site -for which a building permit is sought for the con-
atrrctica of buildings or for other improvements is within a
Redevelopment Project Area,
"a ton 1 : The City Clark is hereby directed to record with
.tba Coup y Recorder of Riverside County a description of the land
withie Project Area No. 1 and a statement that proceedings for the
redevelopment of Project Area No. 1 have been instituted under the
Commit Redevelopment Law of the State of California. Additional
tacordat3oa of documents sar be effected pursuant to Section 27295
of the Qoverassat Code of tha State of California.
Section 1lt The City Clark is hereby directed to transmit a
copy or the description and statement recorded pursuant to Section
33173 of the Health and Safety Coda of the State of California
a copy of this Ordinance and a sag or plat indicating the bound-
aries of Project Area No. 1, to tha Auditor and Tax Assessor of
the County of Riverside, to the officer or officers performing the
fractions of Auditor or Assessor for any tax4ng agencies which
levies taxes upon any property in Project Area No. 1, and to the
State Board of Equalisation. Such documents shall be transmitted
as promptly as practicable following the adoption of this Ordinance,
but in any event, on or before December 31. 1975.
Section 12: Having considered all the evidence, oral, written
and photographic. the City Council hereby overrules all written
and oral objections to the Redevelopment Plan for Project Area No.
1.
PASSED, APPROVED and ADOPTED this 16th day of July, 1975,
by the following vote:
AYES: ASTON; BRUSH; MCPHERSON;
HOES:
ABSENT: BENSON AND CLARK
ATTEST:
NOEL J B SH, Mayor Pro -Tom
00AV pd- A-- -
City of raps Desert, California
-3-
REDEVELOPMENT PLAN
PROJECT AREA NUMBER ONE
CITY OF PALM DESERT
REDEVELOPMENT AGENCY
ADOPTED BY CITY COUNCIL
ORDINANCE NO. 80
JULY 16, 1975
CONTRIBUTORS
CITY COUNCIL PLANNING COMMISSION
Henry Clark, Mayor William R. Seidler, Chairman
Noel Brush, Vice Mayor S. Roy Wilson, Vice Chairman
Chuck Aston George Berkey
Jean Benson Ed Mullins, Jr.
James McPherson Mary K. Van de Mark
CITIZEN'S ADVISORY COMMITTEE CITY ADMINISTRATIVE STAFF
George Minturn, Chairman Harvey Hurlburt, City Manager
Ed Benson, Vice Chairman Paul A. Williams, Director of
Wally Bolmeier Environmental Services
Harold Bromley Paul Byers, Director of
Loring Cleaveland Management Services
Graham Dexter Norman Larson, Management Services
Bill Hannon Steven Fleshman, Associate Planner
Jim Harman Samuel G. Freed, Assistant Planner
Bill Hobbs
Ruth Hoover
Anthony Kane
Jim Moir WILSEY & HAM
Gary Murphy
Vern Murray Larry B. Morrison, AIP, AIA,
John Stratton Program Director, Associate
Al Stutz William H. Garrett, AIP,
Dean Wolfe Project Manager
CITY ATTORNEY
David Erwin
REDEVELOPMENT ATTORNEY
Robert N. Joehnck
STONE & YOUNGBERG
Ter-v McCarty
Michael Whipple
TABLE OF CONTENTS
Page
I PROJECT PLAN 1
1 . INTRODUCTION 1
2. GENERAL DEFINITIONS 2
3. PROJECT AREA BOUNDARIES 3
4. PROJECT AREA SELECTION/NEIGHBORHOOD IMPACT 8
4. 1 Reasons for Selection of the Project Area 8
4.2 Neighborhood Impact 9
5. DEVELOPMENT GUIDELINES 14
5. 1 Land Use •
14
5.2 Rights-of-Way 16
5.3 Development Guide 17
5.4 Design for Development 20
5.5 Building Permits Within the Project Area 20
6. METHODS FOR FINANCING THE PROJECT 23
6. 1 General Description of the Proposed
Financing Methods 23
6.2 Agency Bonds 23
6.3 Tax Increments 24
6.4 Bonding Feasibility 25
6.5 Coordination with Other Financing Programs 25
7. PROPOSED REDEVELOPMENT ACTIONS 26
7. 1 General 26
7.2 Real Property Acquisition 26
7.3 Acquisition of Personal Property 27
7.4 Property Management 27
7.5 Demolition and Clearance, Public Improvements,
Building and Site Preparation 28
7.6 Rehabilitation and Moving of Structures
by the Agency 28
7.7 Property Disposition and Development 29
7.8 Relocation 33
8. ACTIONS BY THE CITY 35
9. ENFORCEMENT 37
10. DURATION OF THIS PLAN 37
11 . PROCEDURE FOR AMENDMENT 37
LIST OF EXHIBITS
Page
A. Project Boundaries 10
B. Areas with Blighting Characteristics 11
C. Land Use Plan Map 15
C
1
PROJECT PLAN
1 . INTRODUCTION
The Redevelopment Plan for Project Area No. 1 , Palm Desert Redevelopment
Agency, has been prepared by the Agency pursuant to the Community
Redevelopment Law of the State of California, the California Constitu-
tion, and all applicable local laws and ordinances.
The Palm Desert Redevelopment Agency has prepared this Plan to eliminate
existing blight and prevent additional blight within the commercial Core
Area of Palm Desert. The primary reason leading to preparation of the
Redevelopment Plan for Project Area No. 1 is the need to correct prob-
lems of circulation, drainage, parking availability and access in the
Core Area of Palm Desert and to aid the private sector in creating the
type of development that will prevent the reoccurrence of these problems.
Basic to this is the need to define a land use structure for the Project
Area and City of Palm Desert that will integrate the positive aspects of
the Project Area into a unified development concept and form the basis
for correcting land use, circulation, drainage, parking and other
developmental and environmental problems.
1
2. GENERAL D_ IITIONS
The following definitions will be used in this Plan unless the context
otherwise requires:
A. Agency - The Palm Desert Redevelopment Agency, City of
Palm Desert, California
B. Board - Design Review Board
C. City - The City of Palm Desert, California
D. City Council - The City Council of the City of Palm Desert,
California
E. County - The County of Riverside, California
F. Map - The Redevelopment Plan Map for Project Area No. 1
(Exhibit C herein)
G. Owner - Any individual or entity owning "real property"
as defined herein
H. Person - Any individual , public or private entity
1 . Plan - The Redevelopment Plan for Project Area No. 1
J. Planning Commission - The Planning Commission of the City
of Palm Desert, California
K. Project - Any undertaking of the Agency pursuant to this
Plan
L. Project Area - The area included within the boundaries of
Project Area No. 1 , as described in Section 3 of the Plan
and shown in Exhibit A
M. Project Area Committee (PAC) - The Project Area Committee
for Project Area No. 1 appointed by the Palm Desert City
Council
N. Real Property - Land, buildings, structures, fixtures,
and improvements on the land; property appurtenant to, or
used in connection with the land; every estate; interest,
privilege, easement, franchise, and right in land, includ-
ing rights-of-way, terms for years and liens, charges, or
encumbrances by way of judgment, mortgage or otherwise and
the indebtedness secured by such liens.
0. Redevelopment Law - The Community Redevelopment Law of the
State of California (California Health and Safety Code,
Section 33000, et seq.)
P. State - The State of California
2
3. PROJECT AREA BOUNDARIES
The boundaries of the Project Area are shown in Exhibit A and the legal description
of the boundaries of the Project Area is as follows:
All that certain real property situate in the City of Palm Desert, County of
Riverside, State of California and being portions of Sections 18, 19, 20, and
21 T.5S,R.6E San Bernardino meridian. Said portions being more particularly
described as follows :
Beginning at the southeast corner of Lot 4 as said Lot is shown on that certain
Map entitled "Rancho Mirage Annex No. 2" filed for record in Map Book 20 at Page
92 records of Riverside County; thence from said Point of Beginning southeasterly
along the southwesterly line of State Highway 111 to an intersection with the
southwesterly prolongation of the centerline of Rancho Road as said centerline
and road are shown on the above mentioned Map entitled "Rancho Mirage Annex No.2";
thence leaving said southwesterly line of State Highway 111 northeasterly along
said prolongation and said centerline to an intersection with the northeasterly
line of said State Highway; thence along said northeasterly line of said State
Highway southeasterly to an intersection with the northerly line of Park View
Drive; thence along the northerly line of Park View Drive easterly to an inter-
section thereof with the northerly prolongation of the westerly line of Lot 6
as said westerly line and said Lot are shown on that certain Map entitled
"Desert Paradise" filed in Map Book 38 of Maps at Page 24; thence along said
northerly prolongation and said westerly line of Lot 6 southerly to the south-
westerly corner of said Lot 6; thence along the westerly line of Lot 9 of said
C Tract southerly to the southwest corner of said Lot 9; thence in a direct line
from said southwest corner southerly to the northwest corner of Lot 20 of said
Tract; thence along the west line of said Lot 20 southerly to the southwest
corner of said Lot; thence along the west line of Lot 23 of said Tract southerly
to the southwest corner of said Lot 23; thence in a direct line southerly to the
northwest corner of Lot 34 of said Tract; thence along the west line of Lot 34
southerly to the southwest corner of said Lot; thence southerly along the
westerly line of Lots 37, 48, 51 and 60 of said Tract and the southerly prolonga-
tion of the westerly line of said Lot 60 to the north line of 44th Avenue;
thence along said north line of 44th Avenue easterly to the easterly terminus
of said Avenue as described in deed to County of Riverside Recorded in Book 3882
of Official Records at Page 359; thence along said easterly terminus southerly to
the southerly line of said Section 18; thence easterly along the southerly line
of said Section 18 to an intersection with the westerly line of Fairhaven Drive;
thence southerly along the westerly line of Fairhaven Drive as said Fairhaven
Drive is shown on that certain Tract entitled Palm Vista Unit No. 1 filed in
Map Book 28 at Pages 45 and 46 of official records; Palm Vista Unit No. 2 filed
in Map Book 33 at Pages 86 and 87 of official records and Palm Vista Unit No. 3
filed in Map Book 35 at Pages 29 and 30 of official records to the northerly
line of Rancho Grande as said Avenue is shown on above mentioned Map entitled
Palm Vista Unit No. 3; thence continuing southerly along the easterly terminus
of Rancho Grande described as Lot D in last said Map to the southwest corner of
said Tract; thence along the southerly line of said Tract of Palm Vista Unit
No. 3 and its easterly prolongation easterly to the easterly line of Monterey
Avenue; thence southerly along the easterly line of Monterey Avenue to the
3
southwest corner of Lot 146 as said Lot is shown on that certain Map entitled
Palma Village Unit No. 7 filed in Book 21 of Maps at Pages 16, 17 and 18 of
official records; thence along the northerly line of the 20 foot alley shown
as Lot R on said Map easterly to the southeast corner of Lot 116 (P.V. Unit
No. 7) ; thence in a direct line easterly to the southwest corner of Lot 109
of said Map; thence along the north line of the 20 foot alley shown as Lot A
on the Map entitled "Palma Village Unit No. 11" filed in Book 21 of Maps at
Page 96 easterly to the westerly line of Las Palmas Way; thence along the
westerly line of Las Palmas Way and its northerly prolongation northerly
to the northerly line of San Gorgonio Way; thence along said northerly line
of San Gorgonio Way and it's southeasterly prolongation northeasterly and
southeasterly to the easterly line of De Anza Way; thence southerly along the
easterly line of De Anza Way to the northwest corner of Lot 5 Block 4 as said
Lot and Block is shown on that certain Map entitled "Palma Village No. 3"
filed in Book 20 of Maps at Pages 3 and 4 of official records; thence along
the northerly line of Lot 5 easterly to the west line of Lot 4 Block 4
"Palma Village Unit No. 3"; thence along the west line of said Lot 4 northerly
to the northwest corner thereof; thence along the north line of Lot 4 easterly
to the northeast corner thereof; thence from said northeast corner of Lot 4
easterly in a direct line to the northwest corner of Lot 7 Block 3 as said
Lot and Block is shown on said Map of Palma Village Na. 3; thence easterly
along the northerly line of Lot 7 to the west line of Lot 6 Block 3 of said
Tract; thence along the west line of Lot 6 northerly to the northwest corner
thereof; thence along the north line of Lot 6 "Palma Village No. 3" easterly
to the northeast corner of Lot 6; thence from said northeast corner of Lot 6
easterly in a direct line to the northwest corner of Lot 8 Block 2 "Palma
Village No. 3"; thence along the northerly line of Lot 8 easterly to the north-
east corner thereof; thence northerly along the west line of Lot 7 Block 2
"Palma Village No. 312 to the northwest corner of said Lot; thence easterly
along the north line of said Lot 7 to the northeast corner of said Lot; thence
from said northeast corner of Lot 7 easterly in a direct line to the northwest
corner of Lot 8 Block 1 "Palma Village No. 3"; thence along the north line of
said Lot 8 easterly to the west line of Lot 9 Block 2 as said Lot and Block is
shown on Map entitled "Palma Village No. 4" filed in Map Book 19 at Page 98 of
official records of Riverside County; thence along the west line of said Lot 9
northerly to the northwest corner thereof; thence along the north line of said
Lot 9 easterly to the northeast corner of said Lot; thence in a direct line
easterly to the northwest corner of Lot 10 Block 1 "Palma Village No. 4"; thence
along the north line of said Lot 10 easterly to the west line of Lot 12 Block 4
as said Lot and Block is shown on Map of "Palma Village No. 1" filed in Map Book
19 at Pages 68 and 69 of official records; thence along the westerly line of
Lot 12 northerly to the northwest corner of said Lot 12; thence along the northerly
line of said Lot to the northeast corner thereof; thence along the easterly
prolongation of the northerly line of said Lot 12 easterly to its intersection
with the centerline of San Jacinto Avenue; thence northerly along the centerline
of San Jacinto Avenue to an intersection with the westerly prolongation of the
northerly line of Lot 10, Block 3 "Palma Village No. 1"; thence along said
westerly prolongation and said northerly line and along the northerly lines of
Lots 9, 8, 7, and 6 Block 3 and the easterly prolongation of the north line of
said Lot 6 easterly to the centerline of Portola Avenue; thence southerly along
the centerline of Portola Avenue to an intersection with the westerly prolongation
4
of the northerly line of Lot 20 Block 1 "Palma Village Unit No. 1"; thence along
said westerly prolongation of said northerly line and the northerly line of Lots
20, 21 , 22, 23, 24 and 25 Block 1 easterly to the west line of Lot 15 Block C as
said Lot and Block is shown on Map of "Palma Village Unit No. 6" filed in Map
Book 20 at Pages 82 and 83; thence along the west line of said Lot 15 northerly
to the northwest corner thereof; thence along the northerly line of Lots 15, 14,
13 , 12 and 11 Block C as said Lots and Block are shown on said Map of "Palma
Village Unit No. 6" easterly to the west line of Lot 8 Block C of said Unit
No. 6; thence along the westerly line of said Lot 8 southerly to the southwest
corner thereof; thence along the southerly line of said Lot 8 easterly to the
southeast corner thereof; thence from said southeast corner of said Lot 8 easterly
to a direct line to the northeast corner of Lot 7 Block F of last said Tract;
thence along the northerly line of Lots 7, 8, 9, 10, and 11 Block F of said Tract
easterly to the northeast corner of said Lot 11 ; thence from said northeast
corner of Lot 11 easterly in a direct line to the northwest corner of Lot 7
Block H of said "Palma Village Unit No. 6"; thence along the northerly line of
Lots 7, 8, 9, 10, and 11 Block H of said Tract easterly to the northeast corner
of said Lot 11 ; thence from said northeast corner of Lot 11 in a direct line
easterly to the northwest corner of Lot 4, Block J of said "Palma Village Unit
No. 6"; thence along the northerly line of Lots 4, 5, 6, 7, and 8 Block J of
said Tract easterly to the northeast corner of said Lot 8; thence from said
northeast corner of Lot 8 in a direct line easterly to the northwest corner
of Lot 9 as said Lot is shown on that certain Map entitled "Palma Village Unit
No. 8" filed in Book 21 of Maps at Page 58; thence along the northerly line of
Lots 9, 8, 7, 6 and 5 of said "Palma Village Unit No. 8" easterly to the north-
east corner of said Lot 5; thence from said northeast corner of Lot 5 easterly
in a direct line to the easterly line of Deep Canyon Road and the northwest
corner of Parcel 1 as shown on record of survey filed in Book 26 of Records of
Survey at Page 37; thence along the northerly line of Parcels 1 , 2, 3, and 4
as shown on said Record of Survey and the easterly prolongation of said northerly
line easterly to the City Limits line of the City of Palm Desert said City Limits
line being also the easterly line of the southwest quarter of the northeast
quarter of Section 21 ; thence along said City Limits line and said quarter
quarter section line southerly to the southeast corner of said southwest quarter
of the northeast quarter; thence along the easterly line of the northwest quarter
of the southeast quarter of said Section 21 said easterly line being also the
City Limits line of the City of Palm Desert southerly to a point thereon which
is intersected by a line which is parallel with and perpendicularly distant 250
feet southerly of the southerly line of State Highway 111 (150 feet wide) ;
thence along said parallel line westerly to an intersection with the easterly
line of Lot 141 as said Lot is shown on that certain Map entitled "Shadow Hills
Estates" filed in Book 31 of Maps at Page 2; thence along said easterly line of
Lot 141 northerly to the southeast corner of Lot 142 of said Map; thence along
the southerly line of said Lot 142 and its westerly prolongation westerly to the
westerly line of Shadow Hills Road; thence northerly along the westerly line of
Shadow Hills Road to the northwest corner of Lot 2 of said Tract; thence along
the northerly line of said Lot 2 and Lot 9 and the westerly prolongation of the
northerly line of said Lot 9 of said Shadow Hills Estates westerly to the westerly
line of Deep Canyon Road; thence northerly along the westerly line of Deep Canyon
Road to the northeast corner of that certain parcel shown as Riverside County
Assessors Parcel No. 625-121-07; thence along the northerly line of said Assessors
Parcel 625-121 -07 westerly to the northwest corner thereof; thence along the
5
northerly line of Tract 4135 as said Tract is shown on that certain Map recorded
in Book 67 of Maps at Pages 46 and 47 westerly to the easterly line of Panorama
Drive; thence westerly in a direct line to the northeast corner of Assessors
Parcel 625-122-04; thence westerly along the northerly line of Assessors Parcel
625-122-04 to the northwest corner thereof; thence along the westerly line of
Assessors Parcels 625-122-04, 625-122-05 and 625-122-06 southerly to the northeast
corner of Lot 17 of Tract entitled "Desert Garden Homesites" filed in Book 33 of
Maps at Page 96; thence along the northerly line of Lots 17, 18, a four-foot
alley way, 19, 20, 4 and 3 as said Lots are shown on said Map of "Desert Garden
Homesites" westerly to the easterly line of Lantana Avenue; thence along the
easterly line of Lantana Avenue and its southerly prolongation southerly to the
southerly line of Larrea Street; thence westerly along the southerly line of Larrea
Street and its westerly prolongation across Portola Avenue to the easterly right-
of-way line of San Luis Rey Avenue; thence from the intersection of the southerly
line of Larrea Street with the easterly line of San Luis Rey Avenue westerly in a
direct line to the southeast corner of Lot 3 Block Q as said Lot and Block is
shown on Map of Palm Desert filed in Book 21 of Maps at Pages 50 to 54; thence
along the south line of Lots 3, 2, and 1 Block Q westerly to the southwest corner
of said Lot 1 ; thence along the westerly prolongation of the southerly line of
Lot 1 Block Q westerly to the easterly line of Larkspur Lane; thence along the
easterly line of Larkspur Lane northerly to the southerly line of El Paseo; thence
along the southerly line of El Paseo westerly to the northeast corner of Assessors
Parcel 627-252-01 ; thence along the easterly line of last said Assessors Parcel
southerly to an intersection with a line that is parallel with and perpendicularly
distant 150 feet southerly of the south right-of-way line of El Paseo (100 feet
wide) ; thence along said parallel line westerly to the easterly line of Lupine
Lane; thence in a direct line westerly to the southeast corner of Lot 3 Block H
as said Lot and Block is shown on Map of Palm Desert filed in Book 21 of Maps at
Pages 50 through 54 records of Riverside County; thence along the general south
line of said Lot 3 westerly to the east line of Lot 2 of said Tract; thence along
the east line of Lot 2 southerly to the southeast corner thereof; thence along the
south line of Lots 2 and 1 of said Tract and their westerly prolongation westerly
to the centerline of Sage Lane; thence along the centerline of Sage Lane south-
westerly to the easterly prolongation of the southerly line of Lot 5 Block 1 ,
Palm Desert N.B. 21/50-54) ; thence along said easterly prolongation and said
southerly line and the southerly lines of Lots 4, 3, and 2 Block I westerly
to the easterly line of Ocotillo Drive; thence along the westerly prolongation
of the southerly line of said Lot 2 Block I westerly to the centerline of Ocotillo
Drive; thence along said centerline southerly to an intersection with the easterly
prolongation of the southerly line of Lot 2 Block D as said Lot and Block is -shown
on Map of Palm Desert (M.B. 21/50-54) ; thence along said prolongation and along
the southerly line of Lot 2 and Lot 1 Block D northwesterly to the easterly
right-of-way line of the frontage road which lies easterly of Pines to Palms
Highway (State Highway 74) ; thence along said easterly right-of-way line of said
frontage road northeasterly to the southerly line of El Paseo; thence along the
southerly right-of-way line of El Paseo and its prolongations westerly and
northwesterly to an intersection with the southerly line of Painters Path; thence
continuing northwesterly along the southerly right-of-way line of Painters Path
northwesterly to the easterly line of Willow Street; thence southeasterly along
the easterly right-of-way line of Willow Street to an intersection with the east-
west centerline of said Section 19; thence along said east-west centerline
westerly to the west line of said Section 19; thence northerly along the west
6
line of said Section 19 to the northwest corner of said Section; thence along
the west line of Section 18 northerly to an intersection with the southerly
terminus of Bob Hope Drive (formerly Rio Del Sol ) as said drive is shown on that
certain Map entitled "Rancho Mirage Annex No. 2" filed in Book 20 of Maps at
Page 92; thence along the southerly right-of-way line of said Bob Hope Drive
northeasterly to the southwesterly corner. of Lot 5 of last said Map; thence
along the southerly lines of Lot 5 and Lot 4 of said "Rancho Mirage Annex No. 2"
easterly to the Point of Beginning.
}
7
4. PROJECT AREA SELECTION/NEIGHBORHOOD IMPACT
In the selection of the Project Area, the Agency has incorporated an
area that contains the City' s major problems relative to physical
factors limiting development, ownership patterns, environmental
problems, and economic factors.
A second factor in selection of the Project Area related to preparation
of a realistic program for implementation of this Plan. This involved
the inclusion of areas where potential development opportunities may
form a basis for structuring redevelopment activities within other
portions of the Project Area. Thus, criteria for selection of the
Project Area is based on: (1 ) the inclusion of blighted areas that
private enterprise alone may not be capable of correcting; and (2) the
inclusion of areas that may form the nucleus for redevelopment within
the entire Project Area.
It should be noted that not all improvements and land within the Pro-
ject Area are detrimental and injurious to the physical economic and
social viability of the City and the Project Area. The Plan includes
lands that are not injurious to the Project Area, but whose inclusion
is necessary for the effective implementation of the Project.
4. 1 Reasons for Selection of the Project Area
A. Portions of the Project Area are subject to periodic flood-
ing due to the inadequate drainage system. The culverts and
drain lines which do exist are incapable of handling the
periodic heavy rains which occasionally occur (existence
of lots which are periodically subject to be submerged by
water)-.
B. Portions of the Project Area include lots fifty feet in width
which do not provide sufficient area for adequate on-site
open space, landscaping, or parking availability (lots of
inadequate size for proper usefulness and development) .
C. Portions of the Project Area are characterized by a circula-
tion system that is defective in design, and will require
alteration to alleviate the present congestion problems and
accident hazards (inadequate streets) .
D. A considerable portion of the Project Area is characterized
by inadequate parking facilities both in the number of parking
spaces available and in their arrangement and accessibility
(disuse resulting from faulty planning) .
-Parenthetical expressions are blighting characteristics found in the
California Community Redevelopment Act.
8
E. Portions the Project Area are characte ad by a mixed
character and shifting of uses causing incompatibilities
between the development of a strong commercial area and a
viable residential neighborhood.
Exhibits A and B on the following pages indicate the Project Area
boundaries and the various locations of blighting conditions within
the area.
4.2 Neighborhood Impact
There are approximately 100 dwelling units within the Project Area. Of
these units approximately 10% are detached single family homes and the
remaining 90% are multiple units. In a very small portion of the Project
Area, that area north of Alessandro, the mixture of residential uses with
commercial uses may require Agency action to assure that future develop-
ment in that area is compatible with the existing residential uses. The
area is planned for medium density residential use. The need, however,
for additional parking for commercial development along the Highway 111
frontage road, may require that some of the presently undeveloped lots
be used for this purpose. Should this occur, the Agency, in reviewing
any development plans will require that appropriate bufrerina and/or
landscaping be included to protect the residential uses.
A. Residential Displacement and Relocation
No relocation of residents in the Project Area is contemplated
at this time. Should at any time this Plan be amender to require
such action, the Agency is required under the provisions or this
Plan to provide suitable replacement housing.
B. Circulation and Traffic
Improvements proposed within the Plan for the circulation
system in the Project Area wi ' l provide P more efficient
system for the commercial areas and should have positive
results on the adjacent residential neighborhoods.
C. Environmental Quality
The impact of the Project on both the natural and man-made
environment is analyzed fully in the Environmental Impact
Report which accompanies this Plan. In genera' , the impact
on the environment is expected to be positive and where
adverse environmental impacts occur which cannot be negated,
mitigating measures will be made wherever feasible.
9
f
In general , the short term impact of the Project may be negative in
portions of the Project Area where redevelopment or rehabilitation is
taking place due to inconveniences created by dust, noise, traffic and
debris associated with construction. However, subsequent to develop-
ment, the improvements within the Project Area, which include overall
structural changes in the land use pattern, and design, landscape and
streetscape features, will significantly improve the functional and
aesthetic impact of the Project.
D. Impact on Population and School Enrollment
While development of residential areas within the Project
Area will have an impact on population and enrollment, the
impact will not be one which has not been anticipated within
the City's General Plan. Residential acreages and densities
within the Project Area as shown in this Plan are the same
as indicated in the City's Zoning Ordinance and Land Use Map.
Should the residential areas within the Project Area develop
to their full capacity, however, the population within the
Area will increase by approximately 1 ,600 persons above the 200
person population which presently lives in the Project Area.
Due to the type of residential development anticipated, very
low density single family residences, and medium density condo-
miniums with an average population size of two persons per dwel-
ling unit, school enrollment increases should be very small .
( E. Impact on the Housing Stock and Housing Quality
It is anticipated that the Project will have a positive impact on
the total housing stock and the quality of housing available within
the Project Area. The Project will result in the net addition of
approximately 950 dwelling units to the Project Area if development
is to full capacity.
F. Property Assessments and Taxes
Improvements to real property within the Project Area will most
likely result in higher valuations.
G. Other Matters Affecting the Physical and Social Quality of the
Neighborhood
To the extent that portions of the Project Area are underdeveloped
and improvement projects are currently committed, change and
development are going to come to the Project Area not withstand-
ing the adoption of a Redevelopment Plan of the area. However,
development that may take place within the Project Area will tend
12
to intensify existing problems within the Project Area and add
to the incremental and haphazard growth pattern that has created
the need for the Redevelopment Project. The adoption of a
Redevelopment Plan and its implementation by the Agency, in
cooperation with other entities including the Project Area
Committee, are means of assuring community control of the manner
in which the inevitable changes will affect the physical and
social quality of neighborhoods within the Project Area .
13
5. DEVELOPMENT GUIDELINES
The general objectives of the Redevelopment Plan for Project Area No. 1
are to provide for:
1 . The strengthening of the land use pattern within the Project
Area through redevelopment and development of underutilized
land to enhance the viability of the commercial core area of
the City; and
2. The elimination of blighting conditions within the Project
Area.
Exhibit C indicates the location of the Project Area, the immediately adjacent
streets, and the proposed land uses to be permitted within the Project Area.
5. 1 Land Use
Land Uses proposed for the Project Area include recommendations for com-
mercial , residential , and public uses.
The land use designation on the map shall permit the development set
forth herein subject to the development standards of this Plan or
development standards adopted pursuant to this Plan. Land Uses include:
A. Commercial
Three general types of commercial categories and one mixed
commercial/residential category are included within the Land
Use pattern. These include:
a. Core Area commercial : development within these
areas shall include, but not be limited to, offices,
financial institutions, restaurants, retail com-
mercial uses including convenience shopping, auto
service and auxiliary uses, and specialty shopping
areas.
b. Planned Commercial-regional complex: including but
not limited to supermarkets, department stores,
banks, variety stores, professional offices, restaur-
ants, and general retail uses. Should a regional
complex at a later time be determined as not feasible
by the Agency, the designation of Core Area commer-
cial shall apply.
c. Planned Commercial - resort : development within this
area shall include hotels/motels, theatres, restaur-
ants, entertainment facilities and related commercial
uses.
14.
:1
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EXHIBIT C Residential,Very Low Density
LAND USE MAP
REDEVELOPMENT PLANK. :': Residential, Medium Density - 1
PROJECTED AREA NO. 1 ip.:. Residential, Medium Density-2
PALM DESERT REDEVELOPMENT PROGRAM `: ` `
Planned Commercial: Resort
Planned Commercial: Regional
Core Area Commercial
Public
It is the intent that the resort type uses for which provisions
/ are made in this plan be of low-rise character and be well
/ _ . planned to provide an attractive entrance to Palm Desert. In
l addition, such development should maintain the present community
feeling without becoming tourist oriented; allow existing hotel
units to achieve present occupancies; provide for executive
seminars, local meetings, as well as provide accommodations
for friends visiting Palm Desert residents. At this time, it
is recommended that approximately 200 to 250 resort type units
be accommodated in the Planned Commercial - resort areas shown
on the Land Use map.
Development within the commercial areas shall be in accord with
the development standards within the City' s Zoning Ordinance.
B. Public, Semi-Public and Institutional Uses
Areas for the primary public uses within the Project Area are
illustrated in Exhibit C and basically show the location of the
U.S. Post office. In addition, parking, open space, and other
public, semi-public and institutional uses may be interspersed with
other areas. In any area the Agency is authorized to permit the
establishment or enlargement of public, semi-public and institutional
uses. All such uses shall be subject to the provisions of this Plan
that are applicable to the uses in the area involved, and other
restrictions that may be necessary to promote proper development
in adjacent portions of the Project Area.
C. Residential Uses
Areas for residential development are indicated in Exhibit C. An
area of very low density residential development as well as areas
for medium density residential development are shown on the Plan
map.
The Plan map presently indicates two designations for medium
density residential development. The Residential Medium Density
2 area is an area which is presently planned for medium density
residential uses but is also under study by the City staff for
possible Planned Commercial - Resort type uses in portions of the
area. Should, after the study is completed, a General Plan amend-
ment for this area be made, the Redevelopment Plan would allow the
option of development of Planned Commercial - Resort type uses
within this area.
It is anticipated that residential development will include a
variety of housing types and density ranges to include the
following:
1 . Medium density townhouse apartment or cluster housing
development at a maximum density of 7 units/net acre, and
commercial related parking as permitted under the City' s
Zoning Ordinance, and
16
2. Very low density residential development at a maximum
density of 3 units/net acre.
Development in areas designated for residential uses shall
be in accord with the development standards within the
City's Zoning Ordinance.
5.2 Rights-of-Way
As illustrated in Exhibit C the major streets within the Project
Area will consist of a system of north-south and east-west streets.
Major elements in the system include:
1 . Highway 111
2. North Frontage Road
3. South Frontage Road
4. El Paseo
5. Deep Canyon Road
6. Portola
7. Alessandro
8. San Pablo
Within the Project Area, selected streets and alleys may be
widened, altered, abandoned, realigned or closed for proper
development of the Project Area. Additional rights-of-way
for public streets may be created in the Project Area as
needed for proper development.
5.3 Development Guide
A. General Controls and Limitations
All real property within the Project Area is subject to
the requirements of this Plan. No real property shall be
developed, rehabilitated or otherwise changed after the
date of adoption of the Plan except in conformance with
the provisions of this Plan.
In addition to the standards set forth in this Plan
developers of property must meet the provisions of the
City's Zoning Ordinance, the City's Building Code and the
Health and Safety Code of the State of California.
B. New Construction
All new construction shall comply with all applicable
State and local laws in effect from time to time including,
without limitations, the Building, Electrical , Heating and
Ventilating, Housing, Plumbing and Mechanical Codes of the
City of Palm Desert.
17
C. Existing Uses
The Agency is authorized to permit an existing use to
remain in an existing building in good condition, which
use does not conform to the provisions of this Plan,
provided that such use is generally compatible with the
developments and uses in the Project Area. When
necessary, however, to protect the development and
uses of the Project Area the Agency may require an
owner to enter into a participation agreement and
to agree to certain improvements to bring an existing
development into conformance with .the Plan.
D. General Development Standards
1 . The Agency may establish setback requirements for all
new development within the Project Area which may
exceed the requirements of the City's Zoning Ordinance.
Setback areas shall be used for landscaping, access
drives, walkways, and off-street parking;
2. The Agency shall require that, as feasible, adequate
landscaping and screening be provided for each use to
create buffers between those areas designated for
different uses. All outdoor storage of materials or
equipment shall be enclosed or screened by walls,
landscaping or other enclosure to the extent and in
the manner required by the Zoning Ordinance;
3. The approximate amount of open spaces to be provided
in the Project Area is the total of all areas which
will be in the public rights-of-way, the public grounds,
the space around buildings, and other outdoor areas
not permitted to be covered by buildings. Landscaping
shall meet or exceed the requirements within the
City's Zoning Ordinance;
4. In all areas sufficient space shall be maintained between
buildings to provide adequate light, air, and privacy;
5. The Agency shall require that all utilities be placed
underground as prescribed within the City's Subdivision
Ordinance.
6. Adequate parking shall be provided to accommodate all
parking needs for each parcel in accordance with the
provisions of the City's Zoning Ordinance. Parking
facilities for the joint use of two or more parcels of
a size sufficient to meet the combined requirements
of such parcels may be constructed with prior written
approval of the Agency. Parking spaces shall be paved
and drained so that storm and surface waters draining
from parcels will not cross public sidewalks. Parking
18
spaces visible from streets shall be landscaped or
eened as necessary to prevent ightly or barren
-rrearance. Lighting for parking .,races shall be shielded
from residential buildings and adjoining streets;
7. All service areas, refuse collection areas, and trash
bins shall be completely screened in the manner provided
herein or shall be enclosed within a building; and
8. The Agency may establish specific architectural standards,
landscaping requirements, and requirements for mainten-
ance of commercial buildings which are different than or
more restrictive than those of the Zoning Ordinance in all
or parts of the Project Area.
E. Variances
Under exceptional circumstances, the Agency is authorized to
permit a variation from the limits, restrictions and controls
established by the Plan. In order to permit such variation,
the Agency must determine that:
1 . The application of certain provisions of the Plan would re-
sult in practical difficulties or unnecessary hardships incon-
sistent with the general purpose and intent of the Plan;
2. There are exceptional circumstances or conditions applicable
to the property or to the intended development of the prop-
erty which do not apply generally to other properties having
the same standards, restrictions, and controls;
( 3. Permitting a variation will not be materially detrimental
to the public welfare or injurious to property or improve-
ments in the area; and
4. Permitting a variance will not be contrary to the objectives
of the Plan.
No variance shall be granted which changes basic land uses of
the City's Zoning Ordinance. In permitting any variance, the
Agency shall impose such conditions as are necessary to protect
the public health, safety, or welfare, and to assure compliance
with the purpose of the Plan.
F. Incompatible Uses
No use or structure which by reason of appearance, traffic,
smoke, glare, noise, odor, or similar factors would be
incompatible with the surrounding areas or structures shall
be permitted in any part of the Project Area. Within the
project Area, except with the approval of the Agency, there
shall be no extraction of oil , gas, or other mineral sub-
stances, nor any opening or penetration for any purpose
connected therewith within 500 feet of the surface.
19
G. Nondiscrimination and Nonsegregation
There shall be no discrimination or segregation based
upon race, color, creed, religion, national origin, or
ancestry permitted in the sale, lease, sublease, transfer,
use, occupancy, tenure, or enjoyment of property in the
Project Area.
5.4 Design for Development
Within the limits, restrictions and controls established in
the Plan, the Agency is authorized to establish heights of
buildings, land coverage, design criteria, traffic circulation,
traffic access, and other development and design controls
necessary for proper development of both private and public
areas within the Project Area.
No new improvement shall be constructed and no existing
improvement shall be substantially modified, altered, repaired,
or rehabilitated except in accordance with architectural ,
landscape, and site plans submitted to and approved in writing
by the Agency or designated body. One of the objectives of
this Plan is to create an attractive and pleasant environment
in the Project Area. Therefore, such plans shall give con-
sideration to good design, open space, and other amenities to
enhance the aesthetic quality of the Project Area. The Agency
may not approve any plans that do not comply with this Plan.
5.5 Building Permits Within the Project Area
A. Review of Applications for Issuance of Permits
Upon the adoption of this Plan no permit shall be issued
for the construction of any new building or any addition
to an existing building in the Project Area until the
application for such permit has been processed in the
manner provided herein. Any permit that is issued here-
under must be for construction which conforms to the
provisions of this Plan.
Each applicant for a building permit in the Project Area,
for which an approved development plan is required, shall
submit a proposed development plan to the Planning Division
for review. The development plan shall be furnished by
the applicant and shall contain the following drawings
and/or information:
1 . Building locations and proposed land uses;
2. Circulation pattern including access, egress, parking,
loading areas and pedestrian movement systems;
3. Elevations indicating design features and exterior
materials;
20
4. ._a..Jscape areas including the amou„L and type of plant
material , irrigation plans and provisions for maintenance;
5. Location and height of fences and screening material ;
and
6. Any other drawings or materials necessary to explain
the Project.
Within fifteen (15) days from the receipt of a proposed
development plan by the Planning Division, the Director
of Environmental Services or his designee shall determine
what effects, if any, the proposed development plan would
have upon the Plan. Within fifteen (15) days thereafter
the Director shall file with the Architectural Review
Board a written report setting forth his determinations,
which shall include but not be limited to the following:
1 . Whether the proposed improvements would be compatible
with the standards and requirements set forth in the
Plan, or adopted pursuant to the Plan; and
2. What modifications, if any, in the proposed development
would be necessary in order to meet such requirements
and standards.
The Board shall consider matters before them within thirty
(30) days after the date of filing of the required application
with the Planning Division of the Department of Environmental
Services. If the Board fails to render a decision within
thirty (30) days from its first consideration, then the
application shall be automatically forwarded to the Planning
Commission for consideration and action. If the Planning
Commission fails to render a decision within thirty (30)
days from its first consideration, then the application shall
be automatically forwarded to the City Council for consideration
and action.
No public or private development plan shall be approved until
reviewed by the Planning Commission pursuant to this Section
5.5 A and the time for appeal pursuant to Section 5.5 B has
expired without an appeal being filed.
Within the parameters of Section 5.4 of this plan, the Agency
may, from time to time, provide the Design Review Board and
the Planning Commission with a list of general development
standards that exceed the requirements of the City' s Zoning
Ordinance. Said standards will be provided on the basis of
guaranteeing the carrying out the purposes of this plan.
21
B. Appeal
CThe applicant, any interested person, the Agency on its own
motion, or the Executive Director of the Agency, may appeal
the decision to withhold, conditionally allow, or allow the
issuance of such permit to the Agency. Within ten (10) days from
the mailing of the notice of such decision, the appellant
shall file his notice of appeal in duplicate with the City
Clerk, who shall immediately forward one of the duplicates to
the City Manager. The notice of appeal shall set forth the
grounds relied upon by the appellant. Within ten (10) days
following the filing of the appeal , the Agency shall set the
matter for hearing within thirty (30) days and shall give notice
of the time and place for said hearing to the applicant, the
appellant and to the Agency.
The Agency may reverse or affirm wholly or partly, or may
modify any decision or determination or may impose such
conditions as the facts warrant, and its decision or deter-
mination shall be final . Any hearing may be continued from
time to time for a period not to exceed sixty (60) days from
the date on which the hearing was originally set.
(/
22
I
6. METHODS FOR FINANCING THE PROJECT
6. 1 General Description of the Proposed Financing Methods
Upon adoption of this Plan by the City Council , the Agency is
authorized to finance this Project with financial assistance
from the City, State of California, property tax increments,
interest income, Agency bonds, or any other available source.
Advances and loans for survey and planning and operating capital
and for administration of this Project have been, and are to be
provided by the City until adequate tax increments or other funds
are available or sufficiently assured to repay the loans and to
permit borrowing adequate working capital from sources other than
the City. The City as it is able will also supply additional
assistance through City loans and grants for various public facili-
ties.
As available, gas tax funds from the State of California and
the County of Riverside will be used for the street system.
Some revenue may accrue to the Project from interest earned on
investments of Agency funds.
The Agency is hereby authorized to obtain advances, borrow
funds and create indebtedness in carrying out the Redevelop-
ment Plan. The principal and interest on such advances, funds,
and indebtedness may be paid from tax increments, bonds, or
any other funds available to the Agency.
6.2 Agency Bonds
The Agency is authorized to issue bonds if needed and feasible
in an amount sufficient to finance the Project. The principal
and inte-est may be payable:
A. Exclusively from the income and revenues of the redevelop-
ment projects financed with the proceeds of the bonds, or
with such proceeds together with financial assistance from
the state or federal government in aid of the Project.
B. Exclusively from the income and revenues of certain desig-
nated redevelopment projects whether or not they were
financed in whole or in part with the proceeds of the bonds .
C. In whole or in part from taxes allocated to, and paid into
a special fund of the Agency.
23
•
D. From its revenues generally.
E. From any contributions or other financial assistance from
the state or federal government.
F. By any combination of these methods .
6.3 Tax Increments
All taxes levied upon taxable property within the Project each
year by or for the benefit of the State of California, County
of Riverside, City of Palm Desert, any district, or other public
corporation (hereinafter sometimes called "taxing agencies")
after the effective date of the ordinance approving this
Redevelopment Plan, shall be divided as follows:
A. That portion of the taxes which would be produced by the
rate upon which the tax is levied each year by or for
each of said taxing agencies upon the total sum of the
assessed value of the taxable property in the Redevelop-
ment Project as shown upon the assessment roll used in
connection with the taxation of such property by such
taxing agency, last equalized prior to the effective date
of such ordinance, shall be allocated to and when collected
shall be paid into the funds of the respective taxing
( agencies as taxes by or for said taxing agencies on all
her property are paid (for the purpose of allocating taxes
•ev ed by or for any taxing agency or agencies which did
not `nclude the territory of the Project on the effective
date of such ordinance but to which such territory is
annexed or otherwise included after such effective date,
the assessment roll of the County of Riverside last
equalized on the effective date of said ordinance shall be
used in determining the assessed valuation of the taxable
property in the Project on said effective) ; and
B. That portion of said levied taxes each year in excess of
such amount shall be allocated to and when collected shall
be paid into a special fund of the Agency to pay the
principal of and interest on bonds, loans, moneys advanced
to, or indebtedness (whether funded, refunded, assumed, or
otherwise) incurred by the Agency to finance or refinance,
in whole or in part, this Redevelopment Project. Unless
and until the total assessed value of the taxable property
in the Project exceeds the total assessed value of the
taxable property in the Project as shown by the last
24
equalized assessment roll referred to in paragraph (A)
hereof, all of the taxes levied and collected upon the
taxable property in the Project shall be paid into the
funds of the respective taxing agencies. When said bonds,
loans, advances and indebtedness , if any, and interest
thereon, have been paid, all moneys thereafter received
from taxes upon the taxable property in the Project shall
be paid into the funds of the respective taxing agencies
as taxes on all other property are paid.
The portion of taxes mentioned in paragraph (B) above may be
irrevocably pledged for the payment of the principal of and
interest on the advance of moneys, or making of loans, or the
incurring of any indebtedness (whether funded, refunded,
assumed, or otherwise) by the Redevelopment Agency to finance
or refinance in whole or in part the Project.
The Agency is autho-ized to make such pledges as to specific
advances, loans and indebtedness as appropriate in carrying
out the Project.
6.4 Bonding Feasibility
Agency bonds shall be issued only when the Agency has deter-
- mined that the Agency will have funds available to pay the
interest and principal on any such bonds when they become due
and payable. !n any case where the determination of the
availability of funds for the payment of principal and interest
on any such bonds cannot be ascertained to the reasonable satis-
faction of the Agency from information available through its
staff or that of the City, the Agency shall engage financial
counsel to advise it whether funds will be available for the
repayment of principal and interest on any such bonds.
6.5 Coordination With Other Financing Programs
In conjunction with Agency revenues from tax increment financing,
various other funding methods may be used within the Project Area
to implement Plan proposals. These include revenue sharing funds ,
funds from the Housing and Community Development Act of 1974,
improvement district programs , gas tax monies, and other such
funding mechanisms.
25
7. PROPOSED REDEVELOPMENT ACTIONS
7.1 General
n
The Agency proposes tonthe spread and reoccuate light and �enceoof'n
the Project Area and prevent
blighting conditions by:
A. Acquisition of certain real property.
B. Provision of relocation assistance to displaced residential
and non-residential occupants. Wiz.
C. Demolition or removal of certain buildings and improvements.
D. Installation, construction, or reconstruction of streets,
utilities, landscaping, open spaces and other on-site and
off-site improvements.
E. Disposition of property for uses in conformance with this
Plan.
F. Redevelopment of land within the Project Area by private
enterprise or public agencies for uses in conformance with
this Plan.
7.2 Real Property Acquisition
Except as specifically exempted, the Agency may, but is not
required to, acquire or obtain options upon all real property
located in the Project Area, by gift, devise, exchange, pur-
chase, eminent domain, or any other lawful method.
It is in the public interest and is necessary in order to elim
inate the conditions requiring redevelopment and to implement
the
this Plan for the power of eminent domain tobeAempploY by
Agency to acquire real property in the Project
The Agency is not authorized to acquire real property, owned by
public bodies, which do not consent to such acquisition. The
Agency may acquire such property upon consent lofatteohe pibli to
c
body which owns the property, and the Agency private dto
acquire public property if it is transferred ltoop within the
owner-
ship before the Agency completes land disposition
owner enter
Project Area, unless the Agency and the private
into a participation agreement.
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The Agency is not authorized to acquire real property to be
retained by an owner, either as a conforming owner, or pur-
suant to a participation agreement if the owner fully performs
under the terms of the agreement. The Agency is authorized to
acquire structures without acquiring the land on which the
structures are located. The Agency is also authorized to
acquire any other interest in real property less than a fee.
The Agency shall not acquire real property on which an existing
building is to be continued on its present site and in its
present location, unless:
A. Such building requires structural alteration, improvement,
modernization, or rehabilitation.
B. The site lot or parcel on which the building is situated
requires modification in size, shape or use.
C. 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.
7.3 Acquisition of Personal Property
Generally the Agency shall not acquire personal property.
However, where necessary for the implementation of this Plan,
the Agency is authorized to acquire personal property in the
Project Area by any lawful means.
7.4 Property Management
During such time as property in the Project Area is owned by
the Agency, such property shall be under the management and
control of the Agency, and may be rented or leased by the
Agency pending its disposition for redevelopment.
In any year during which the Agency owns property in the
Project Area, the Agency may pay to the County of Riverside
or any other district or public corporation which would have
levied a tax upon such property had it not been exempt an
amount of money in lieu of taxes; provided that no such pay-
ment shall be made for any period during which said property
is devoted to a public use.
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7.5 Demolition and Clearance, Public Improvements, Building and
Site Preparation
A. Demolition and Clearance
The Agency is authorized to demolish and clear buildings,
structures, and other improvements from any real property
in the Project Area as necessary to implement this Plan.
B. Public Improvements
The Agency is authorized to install and construct or cause
to be installed and constructed public improvements and
utilities (within or outside the Project Area) necessary to
carry out the Plan. Such public improvements may include,
but are not limited to, over or under passes, grade separa-
tions, bridges, streets, curbs, gutters, sidewalks, street
lights, sewers, storm drains, traffic signals, electrical
distribution systems, natural gas distribution systems,
water distribution systems, parks, plazas, playgrounds,
parking facilities, and mall and other landscaped areas.
As feasible, all utilities shall be installed underground.
C. Preparation of Building Sites
The Agency is authorized to prepare as building sites any
real property in the Project Area owned by the Agency.
7.6 Rehabilitation and Moving of Structures by the Agency
A. Rehabilitation
The Agency is authorized to rehabilitate or to cause to be
rehabilitated any building or structure in the Project Area.
The Agency is also authorized and directed to advise, en-
courage, and assist in the rehabilitation of property in
the Project Area not owned by the Agency.
B. Moving of Structures
As necessary it carrying out this Plan, the Agency is
authorized to move or to cause to be moved any standard
structure or building to a location within or outside the
Project Area.
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I
7.7 Property Disposition and Development
A. General -
For the purposes of this Plan, the Agency is authorized to
sell , lease, exchange, subdivide, transfer, assign, pledge,
encumber by mortgage or deed of trust, or otherwise dispose
of any interest in real property.
To the extent permitted by law, the Agency is authorized
to dispose of real property by negotiated leases or sales
without public bidding.
All real property acquired by the Agency in the Project Area
shall be sold or leased to public or private persons or
entities for development for the uses permitted in the Plan.
Real property may be conveyed by the Agency to the City or
any other public body without charge. Property containing
buildings or structures rehabilitated by the Agency shall be
offered for resale within one year after completion of re-
habilitation or an annual report concerning such property
shall be published by the Agency as required by law.
The Agency shall reserve such powers and controls in the
disposition and development documents as may be necessary
to prevent transfer, retention, or use of property for
speculative purposes and to insure that development is
carried out pursuant to this Plan.
All purchasers or lessees of property shall be obligated to
use the property for the purposes designated in this Plan,
to begin and complete development of the property within a
period of time which the Agency fixes as reasonable, and to
comply with other conditions which the Agency deems necessary
to carry out the purposes of this Plan.
B. Property Disposition with Purchase and Development by Owner
Participants
1 . General
Pursuant to the provisions of this Plan and the rules
adopted by the Agency, the Agency shall offer real
property in the Project Area for purchase and develop-
ment by owners and tenant participants prior to the
time that real property is made available for purchase
and development by persons who are not owners or tenants
in the Project Area.
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O •
•
2. Owner Participation
C Owners (which term includes business tenants) of real
property within the Project Area shall be permitted
to participate in the development and redevelopment of
their properties if they meet the requirements of this
Plan and the rules, regulations and standards adopted
by the Agency and City to implement the Plan. To
encourage such participation the Agency has adopted
rules and regulations for owner participation for the
Project Area, which rules, inter alia, provide that an
owner wishing to participate in redevelopment may be
required to submit proof of his qualifications and
financial ability to carry out his obligations under
an owner-participation agreement.
It is the intention of the Agency that owners of par-
cels of real property within the Project Area be
allowed to participate in this redevelopment by retain-
ing all or a portion of their properties, by acquiring
adjacent or other properties in the Project Area, by
selling their properties to the Agency and purchasing
other properties in the Project Area, and by upgrading
and developing their properties in conformance with
this Plan.
Participation opportunities shall necessarily be subject
to and limited by such factors as the expansion of public
facilit'es; change of land uses; realignment of streets;
and any reduction in the total number of parcels in the
Project Area.
Each owner not a conforming owner shall enter into an
owner-participation agreement with the Agency by which
the owner agrees to rehabilitate, develop, or use the
property in conformance with the Plan and to be subject
to the provisions hereof. In such agreements, owners
shall be required to join in the recordation of such
documents as are necessary to make the provisions of
this Plan applicable to their properties.
3. Conforming Owners
The Agency may determine that certain real property
within the Project Area meets the requirements of this
Plan and the owners of such properties will be permitted
to remain as conforming owners without a participation
agreement with the Agency, provided such owners con-
tinue to operate and use the real property within the
requirements of this Plan. The Agency shall not ac-
quire, through the use of eminent domain, property owned
by conforming owners.
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•
In the event any of the conforming owners desire to
(1) construct any additional improvements or substan-
tially alter or modify existing structures on any of
the real property described above as conforming, or
(2) acquire additional real property within the Project
Area, then such conforming owners shall be required to
enter into a participation agreement with the Agency in
the same manner as required for other owners.
Any real property owned by conforming owners outside
of designated conforming parcels within the Project
Area shall be considered and treated in the same manner
as real property owned by other owners, i .e. , subject
to a participation agreement with the Agency.
The Agency shall , upon the request of any conforming
owner, issue to such owner in a form suitable for
recordation, a certificate of conformity, which certi-
ficate shall provide in substance that his property
conforms to the requirements of this Plan on the date
of issuance thereof. Except in cases of financial
hardship, no such certificate of conformity shall be
issued by the Agency within the first twelve (12)
months after the adoption of this Plan.
\ / C. Purchase and Development Documents
To provide adequate safeguards to ensure that the provisions
of this Plan will be carried out and to prevent the re-
currence of blight, all real property sold, leased, or con-
veyed by the Agency, as well as all property subject to
participation agreements, shall be made subject to the
provisions of this Plan by leases, deeds, contracts, agree-
ments, declarations of restrictions, provisions of the
zoning ordinance, conditional use permits, or other means.
Where appropriate, as determined by the Agency, such docu-
ments or portions thereof shall be recorded in the Office
of the Recorder of the County.
The leases, deeds, contracts, agreements, and declarations
of restrictions may contain restrictions , covenants, cov-
enants running with the land, rights of reverter, cond' tions
subsequent, equitable servitudes, or any other prov'sion
necessary to carry out this Plan.
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All property in the Project Area is hereby subject to the
r restriction that there shall be no discrimination or segre-
gation Jased upon race, color, religion, national origin, or
ancestry, in the sale, lease, sublease, transfer, use,
occupancy, tenure, or enjoyment of property in the Project
Area. All property sold, leased, conveyed, or subject to a
participation agreement shall be made expressly subject by
appropriate documents to the restriction that all deeds,
leases, or contracts for the sale, lease, sublease, or other
transfer of land in the Project Area shall contain such non-
discrimination and nonsegregation clauses as are required
by law.
During the period of development in the Project Area, the
Agency shall insure that the provisions of this Plan and
other documents formulated pursuant to this Plan are
enforced and observed.
D. Development
To the extent now or hereafter permitted by law, the Agency
is authorized to pay for, develop, or construct any building,
facility, structure, or other improvement either within or
outside the Project Area for itself or for any public body
or entity to the extent that such improvement would benefit
the Project Area.
During the period of development in the Project Area, the
Agency shall insure that the provisions of this Plan and
other documents formulated pursuant to this Plan are being
observed and that development of the Project Area is pro-
ceeding in accordance with all development documents and
time schedules.
The Agency shall require that development plans be submitted
to it for approval and architectural review. All develop-
ment must conform to this Plan and all applicable Federal ,
State, and local laws and must receive the approval of the
appropriate public agencies.
E. Disposition of Personal Property
In the event that the Agency acquires personal property for
the purposes of carrying out this Plan, the Agency is
authorized to sell , lease, exchange, transfer, assign,
pledge, encumber or otherwise dispose of such property.
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• 7.8 Relocation
In implementation of this Plan, the Agency will attempt to
minimize the need for displacement and relocation. However,
when the relocation of a business concern, family or individual ,
or other concern is necessary, the Agency is obligated to:
1 . Assist in finding other suitable locations ; and
2. Make relocation payments.
A. Commercial Relocation
Existing businesses within the Project Area will be given
first priority to acquire parcels made available for business
and development through the redevelopment Process. Reloca-
tion advisory assistance for any business will be made
available through the City. In the event that it becomes
necessary to relocate a business, and the business cannot be
relocated without a substantial loss of patronage, and the
business is not part of a commercial enterprise having at
least one other establishment engaged in the same or similar
business, the Agency is authorized to pay to such business
a relocation payment as provided in Section 7262 of the
Government Code. The Agency is also authorized to pay any
and all actual and reasonable moving expenses of a business
if the business is required to relocate as a result of the
implementation of the Redeve'opment Plan.
B. Residential Relocation
1 . Relocation Advisory Assistance
Relocation advisory assistance will be furnished by the
City to any persons (either owners or renters) whose
property is acquired by the Agency in connection with
the implementation of the Redevelopment Plan. No person
will be required to move from his dwelling unit because
of the activities of the Redevelopment Agency in
implementing the Redevelopment Plan unless replacement
housing is available in areas not generally less desira-
ble in regard to public utilities and public and commer-
cial facilities are available for such person, at rents
or prices within the financial means of such person, and
the replacement dwelling unit is decent, safe, sanitary,
and located so that it is reasonably accessible to the
place of employment of the De-son to be relocated. If
such replacement housing is rot available and the Acency
determines that such housing cannot be made otherwise
available, the Agency shall provide such housing.
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♦ f
2. Relocation Payments
The Agency is authorized to pay the actual and reasonable
moving expenses of any person whose dwelling unit or the
land on which such dwelling unit is located is acquired
by the Agency. As an alternative to receiving such
payments, any person who is displaced from a dwelling
unit may receive a moving expense allowance, and an
additional dislocation payment as provided in Section 7262
of the Government Code. The Agency is further authorized
to financially assist a displaced dwelling owner or
renter meeting the qualification contained in Sections
7263 and 7264 of the Government Code in order to provide
suitable housing for any person displaced from his
residence as a result of the Redevelopment Agency' s im-
plementation of the Redevelopment Plan.
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8. ACTIONS BY THE CITY
In many instances, it is anticipated that implementation of the Plan
will require joint action by the City and the Agency. The City shall
aid and cooperate with the Agency in carrying out this Plan and shall
take all actions necessary to ensure the continued fulfillment of this
Plan and to prevent the recurrence or spread in the area of conditions
causing blight. Action by the City shall include, but not be limited
to, the following:
A. Institution and completion of proceedings for opening,
closing, vacating, widening, or changing the grades of
streets, alleys, and other public rights-of-way, and for
other necessary modifications of the streets, the street
layout, and other public rights-of-way in the Project Area.
Such action by the City shall include proceedings for the
abandonment and relocation by the public utility companies
of their operations in public rights-of-way as appropriate
to carry out this Plan.
B. Institution and completion of proceedings necessary for
changes and improvements in publicly-owned public utili-
ties within or affecting the Project Area.
C. Revision of zoning within the Project Area where neces-
sary to permit the land uses and development authorized
by this Plan.
D. Provision for administrative enforcement of this Plan by
the City after development. The City and the Agency shall
develop and provide for enforcement of a program for con-
tinued maintenance by owners of all real property, both
public and private, within the Project Area throughout the
duration of this Plan.
E. Performance of the above, and of all other functions and
services relating to public health, safety, and physical
development normally rendered in accordance with a schedule
which will permit the redevelopmet of the Project Area to
be commenced and carried to completion without unnecessary
delays.
F. The undertaking and completing of any other proceedings
necessary to carry out the Project.
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G. The City may finance activities of the Agency either through
( ' loans or grants. All moneys expended by the City on
behalf of the Agency shall , unless otherwise established
at the time the expenditure is made, be treated as loans
to the Agency which shall be repaid to the City. Such
loans shall be on terms established by the City and the
Agency. The obligation of the Agency to repay any such
loan or any interest thereon shall be subordinate to any
other financial obligations of the Agency.
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9. ENFORCEMENT
After development, the administrative enforcement of this Plan or
other documents implementing this Plan shall be performed by the City
or the Agency.
The provisions of this Plan or other documents entered into pursuant
to this Plan may also be enforced by court litigation instituted by
either the Agency or the City. Such remedies may include, but are
not limited to, specific performance, damages, reentry, injunctions,
or any other remedies appropriate to the purposes of this Plan. In
addition, any recorded provisions which are expressly for the benefit
of owners of property in the Project Area may be enforced by such
owners.
10. DURATION OF THIS PLAN
Except for the nondiscrimination and nonsegregation provisions which
shall run in perpetuity, the provisions of this Plan shall be effect-
ive and the provisions of other documents formulated pursuant to this
Plan may be made effective for 45 years from the date of adoption of
this Plan by the City Council .
11 . PROCEDURE FOR AMENDMENT
This Plan may be amended by means of the procedure established in
Sections 33450-33458 of the Redevelopment Law or by any other pro-
cedure hereafter established by Law.
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