HomeMy WebLinkAboutORD 1035ORDINANCE NO. 1035
AN ORDINANCE OF THE CITY OF PALM DESERT AMENDING THE
REDEVELOPMENT PLAN, AS AMENDED, FOR PROJECT AREA NO.
1, AS AMENDED, OF THE PALM DESERT REDEVELOPMENT
AGENCY
THE CITY COUNCIL OF THE CITY OF PALM DESERT DOES ORDAIN AS
FOLLOWS:
Section 1. On July 16, 1975, the City Council, pursuant to Ordinance No. 80
of the City, approved and adopted the Redevelopment Plan (the "Redevelopment Plan")
for the Project Area (the "Original Project Area").
Section 2. On March 24, 1977 and August 25, 1977, the City Council,
pursuant to Ordinance No. 157 and Ordinance No. 166 of the City, respectively, approved
and adopted the First Amendments making certain changes to the text of the
Redevelopment Plan.
Section 3. On November 25, 1981, the City Council, pursuant to Ordinance
No. 275 of the City, approved and adopted the Second Amendment to the Redevelopment
Plan which added territory to the Project Area (the "Added Territory"). The Second
Amendment did not affect and made no changes to the text of the Redevelopment Plan
with respect to the Original Project Area.
Section 4. On October 13, 1983, the City Council, pursuant to Ordinance No.
324 of the City, approved and adopted the Third Amendment to the Redevelopment Plan
which deleted a portion of the Added Territory which was within the territorial limits of the
City of Indian Wells.
Section 5. On November 29, 1984, the City Council, pursuant to Ordinance
No. 397 of the City, approved and adopted the Fourth Amendment to the Redevelopment
Plan which made certain changes to the text of the Redevelopment Plan and to the text
of the Second Amendment. The changes made by the Fourth Amendment to the text of
the Second Amendment did not affect and made no changes to the text of the
Redevelopment Plan with respect to the Original Project Area.
Section 6. On December 11, 1986, the City Council, pursuant to Ordinance
No. 484 of the City, established certain limitations in connection with the Redevelopment
Plan for the Original Project Area pursuant to Health and Safety Code Section 33333.4.
The limitations contained in Ordinance No. 484 apply only to the Original Project Area.
Section 7. On December 7, 1989, the City Council, pursuant to Ordinance
No. 589 of the City, approved and adopted the Fifth Amendment to the Redevelopment
Plan which made certain changes to the text of the Redevelopment Plan.
Section 8. On January 24, 1991, the City Council, pursuant to Ordinance No.
628 of the City, approved and adopted the Sixth Amendment to the Redevelopment Plan
which made certain changes to the text of the Second Amendment, as amended by the
Fourth Amendment. The changes made by the Sixth Amendment did not affect and made
no changes to the text of the Redevelopment Plan with respect to the Original Project Area.
P6402\000 1\719173.5
Ordinance No. 1035
Section 9. On January 24, 1991, the City Council, pursuant to Ordinance No.
629 of the City, approved and adopted the Seventh Amendment to the Redevelopment
Plan which made certain changes to the text of the Redevelopment Plan and the text of
the Second Amendment, as amended by the Fourth Amendment and the Sixth
Amendment.
Section 10. On December 8, 1994, the City Council, pursuant to Ordinance
No. 765, established certain limits in connection with the Original Project Area and the
Added Territory pursuant to Health and Safety Code Section 33333.6.
Section 11. Health and Safety Code Section 33333.6(e)(2) provides that on
or after January 1, 2002, a redevelopment plan may be amended by a legislative body by
adoption of an ordinance to eliminate the time limit on the establishment of loans,
advances and indebtedness required by Health and Safety Code Section 33333.6 prior to
January 1, 2002, and, in adopting such ordinance, neither the legislative body nor the
agency is required to comply with Health and Safety Code Section 33354.6 or Article 12
(commencing with Health and Safety Code Section 33450) or any other provision of the
Community Redevelopment Law (Health and Safety Code Section 33000, et seg.) relating
to the amendment of redevelopment plans, except that the agency shall make the payment
to affected taxing entities required by Health and Safety Code Section 33607.7.
Section 12. Pursuant to Health and Safety Code Section 33333.6(e)(2),
Section 15 is hereby added to the Redevelopment Plan to read as follows:
"15. ELIMINATION OF TIME LIMIT ON THE ESTABLISHING OF LOANS,
ADVANCES AND INDEBTEDNESS
Notwithstanding any other provision of this Plan or Ordinance No. 484 or Ordinance No.
765 of the City, there is no time limit on the establishing of loans, advances, and
indebtedness to be paid with the proceeds of property taxes received pursuant to Health
and Safety Code Section 33670 to finance in whole, or in part, the redevelopment project."
Section 13. Pursuant to Health and Safety Code Section 33333.6 (e)(2),
Section 37 is hereby added to the Second Amendment, as previously amended, to read
as follows:
"SECTION 37. ELIMINATION OF TIME LIMIT ON THE ESTABLISHING OF
LOANS, ADVANCES AND INDEBTEDNESS
Notwithstanding any other provision of this Amendment, or Ordinance No. 765 of the City,
there is no time limit on the establishing of loans, advances, and indebtedness to be paid
with the proceeds of property taxes received pursuant to Health and Safety Code Section
33670 from the area added to the Project Area by this Amendment to finance in whole, or
in part, the redevelopment project."
Section 14. This Ordinance is adopted pursuant to Health and Safety Code
Section 33333.6(e)(2).
Section 15. Payments to affected taxing entities pursuant to Health and
Safety Code Section 33607.7, occasioned by the adoption of this Ordinance, shall be
subordinate to any pledge of tax increment revenues derived from the Original Project Area
or the Added Territory to the holders of any notes, bonds or other indebtedness of the
Agency issued or incurred by the Agency prior to the effective date of this Ordinance.
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Ordinance No. 1 n�
Section 16. If any section, subsection, sentence, clause or phrase of this
Ordinance is for any reason held to be invalid or unconstitutional by the decision of any
court of competent jurisdiction, such decision shall not affect the validity of the remaining
portions of this Ordinance. The City Council hereby declares that it would have passed this
Ordinance and each section, subsection, sentence, clause and phrase hereof, irrespective
of the fact that any one or more sections, subsections, sentences, clauses or phrases be
declared invalid or unconstitutional.
Section 17. The City Clerk shall certify to the adoption of this Ordinance and
is hereby directed to publish or post this Ordinance in accordance with law.
PASSED, APPROVED AND ADOPTED this27tiday of FEB 2003, by the
following vote, to wit:
AYES: CRITES. FERGUSON. KELLY, SPIEGEL, BENSON
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
Je . Benson, Mayor
ATTEST:
Rachelle lassen, City G4brk�
G %RDA%Mana HunoW PDATA%YRIGO"EN\sb 211 ord - Project Area 1 v Ptj —3—
DETERMINATION OF NEED FOR ADDITIONAL ENVIRONMENTAL STUDY
For Redevelopment Plan Amendment
Pursuant To Health and Safety Code Section 33333.6(e)(2)
[Public Resources Code § 21090/14 California Code of Regulations § 151801
I. BACKGROUND
Amendment to Redevelopment Plan for Project Area
1. Project Title: No. 1 extending time limit to incur debt.
2. Lead Agency Name
3. Contact Person:
Telephone Number:
4. Project Location:
5. Project Sponsor's
Name:
Address:
6. General Plan
Designation:
7. Zoning:
City of Palm Desert
Dave Yrigoyen
(760) 776-6306
See attached Project Description (Map)
Palm Desert Redevelopment Agency
73510 Fred Waring Drive, Palm Desert, CA 92260
Consistent with General Plan designations
8. Description of Project: See attached Project Description
9. Other public agencies whose approval is required: City of Palm Desert
II. PROJECT AND ENVIRONMENTAL STATUS
1. Previous EIR(s) Yes No
a. Was a previous EIR (or EIRs) certified for the project(s)? _X_
(Explain answer on attached page.)
P6402/0001 /720597.1
b. If a previous EIR (or EIRs) was certified, was the
"project" described in the earlier EIR (or EIRs)?
(Explain answer on attached page.)
2. Changes to the Project:
a. Are substantial changes proposed in the project?
(Explain answer on attached page.)
b. (Skip if the answer to 2(a) above is "No") Will these
changes require major revisions of the previous EIR (or
EIRs) due to the involvement of new significant
environmental effects or a substantial increase in the
severity of previously identified significant effects?
(Explain answer on attached page.)
3. Change in Circumstances:
a. Have substantial changes occurred with respect to the
circumstances under which the project is undertaken?
(Explain answer on attached page.)
_X_
Yes
Yes
No
-X_
No
P6402/0001 /720597.1
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b. (Skip if the answer to 3(a) above is "No") Will these
changes require major revisions in the previous EIR (or
EIRs) due to the involvement of new significant
environmental effects or a substantial increase in the
severity of previously identified significant effects?
(Explain answer on the attached page.)
4. New Information:
X
Yes No
a. Has new information of substantial importance, which
was not known and could not have been known with the
exercise of reasonable diligence at the time the previously
prepared EIR (or EIRs) was certified as complete, been —X
discovered?
(Explain answer on attached page.)
b. (Skip if the answer to 4(a) is "No") Does such new
information show any of the following:
(1) The project will have one or more significant
effects not discussed in the previous EIR (or
EIRs)?
(Explain answer on attached page.)
(2) Significant effects previously examined will be Yes No
substantially more severe than shown in the
previous EIR (or EIRs)?
(Explain answer on attached page.)
(3) Mitigation measures or alternatives previously
found not to be feasible would in fact be feasible
and would substantially reduce one or more
significant effects of the project?
(Explain answer on attached page.)
(A) (Skip if answer to 4(b)(3) is "No"). Has
the project proponent declined to adopt
such mitigation measures or alternatives?
(Explain answer on attached page.)
(4) Mitigation measures or alternatives which are
P6402l0001;'720597.1
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.ofth,
considerably different from those analyzed in the
previous EIR (or EIRs) would substantially
reduce one or more significant effects on the
environment?
(Explain answer on attached page.)
(A) (Skip if answer to (4)(b)(4) is "No").
Has the project proponent declined to
adopt such mitigation measures or
alternatives?
(Explain answer on attached page)
Based on the above information and analysis,
The answer to one or more of the questions in 2(b), 3(b), 4(b)(1), 4(b)(2), 4(b)(3)(A) or
4(b)(4)(A) is "Yes." Therefore, a subsequent or supplemental EIR shall be prepared.
X A previous EIR has been prepared for this Redevelopment Plan and none of the answers
to any of the questions in 2(b), 3(b), 4(b)(1), 4(b)(2), 4(b)(3)(A) or 4(b)(4)(A) is "Yes."
Therefore, no further environmental document must be prepared.
Dave Yrigoyen. Director of Redevelopment
Name & Title
P6402./ 0001 /720597.1
EXPLANATIONS TO ANSWERS ABOVE
1(a) and (b). An EIR was prepared for this project in 1975 and the EIR analyzed the environmental
impacts of the project, including the ability to incur debt as long as the project continued in existence.
2(a). There has been no substantial change to the project. The 1975 EIR analyzed the impacts of the
redevelopment project as a whole. At that time, it was anticipated that the City's ability to incur debt
would remain in place for the life of the project area.
3(a) and (b). Since 1975 there has been substantial growth in and around the project area and the City of
Palm Desert generally. However, the 1975 EIR anticipated growth of the project area and surrounding
area over time. Therefore, the change in the environment would not require any changes to the EIR due
to the involvement of new or more severe environmental impacts than were analyzed in the 1975 EIR.
4(a). Staff is not aware of any new information of substantial importance that was not previously
available at the time of certification of the EIR. Any new information which has become available to
staff would not alter the previous analysis contained in the EIR.
P6402/0001720597.1
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-- AREA BOUNDARY
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— — — — E_. ..........».».»».».. P. D. SPHERE LINE
PALM DESERT ....... —CITY OF INDIAN WELLS
REDEVELOPMENT PROGRAM'`>{
«�� COUNTY OF RIVERSIDE
Figure I EXISTING REDEVELOPMENT AREA o
Protect Area Boundaries
2. DESCRIPTION OF THE REDEVELOPMENT PLAN
A. The Precise Location and Boundaries of the Project Area
The Project Area encompasses a total of 580 acres. The boundaries
of the Project Area are illustrated in Figure 1. Figure 2 indicates
the relationship of the Project Area to the City of Palm Desert and
adjacent areas within, the region.
B. Statement of the Objectives of the Redevelopment Plan
The Redevelopment Plan has been prepared to eliminate existing
blight and to prevent additional blight within the commercial
Core Area of the City of Palm Desert. In order to achieve this
goal, the following objectives have been adopted:
(1) Improve the drainage system, thereby reducing the threat
of periodic flooding;
(2) Eliminate lots which do not provide sufficient area for
adequate on -site open space, landscaping, or parking avail-
ability;
(3) Improve the circulation system in order to alleviate the
z
present congestion problems and accident hazards;
(4) Provide adequate parking facilities in relationship to the
number of spaces, arrangement, and accessibility; and
(5) Reduce the iand use conflicts which exist between the commer-
cial area and viable residential neighborhoods.
Basic to these objectives is the need to define a land use struct-
ure for the Project Area which will integrate the positive aspects
of the Area into a unified development concept.
C. General Description of the Redevelopment Plan's Characteristics
The Redevelopment Plan proposes three general land uses within
the Project Area (see Figure 3). All development shall be in
accordance with the development standards within the City's Zoning
Ordinance.
Comm rcial: Three types of commercial activities are included
t•;ith;n this land use category:
(1) Core Area Commercial: development within these areas shall
include, but not be limited to, offices, financial institu-
tions, restaurants, retail commercial uses, including
convenience shopping, auto service and auxiliary uses, and
specialty shopping areas.
2
(2) Planned Co~mercial-Resort: development k•:ithin this area
shall inclu.:e those uses allowed in (1) above with addi-
tion of hotels and entertainment facilities.
(3) Planned Com-nercial-regional complex: including but not
limited to supermarkets, department stores, banks, variety
stores, professional offices, restaurants, and general
retail uses.
Residential: Two residential types are incorporated within the
Redt:ve 1 opmen t Plan:
(1) Very low density residential development at a maximum
density of three units per net acre.
(2) Medium density townhouse apartment or cluster housing
development at a maximum density of seven units per net
acre.
Pub ic, Semi -Public and institutional Uses: The primary public use
noted by the Redevelopment Plan within the Project Area is the U.S.
Pos. Office at the southeast corner of the intersection of Portola
Avenue and El Paseo. In addition, parking, open space, and other
pubic, sem'-public, and institutional uses may be interspersed
wit,i other land uses. The Redevelopment Agency is also authorize:.'
„ to permit the establishment or enlargement of public, semi-public,
and institutional uses.
The Redevelopment Plan also proposes changes to the Project Area's
circulation system. Selected streets and alleys may be widened,
altered, abandoned, realigned or closed for proper development of
the area. Additional rights -of -way for public streets r„ay be
created in the Project Area as needed for proper development.
Finally, the Redevelopment Plan outlines a series of standards
governing all development within the Project Area, including:
(1) Setback requirements;
(2) Landscaping and screening requirements;
(3) Provision of open space;
(4) Underground utilities; and
(5) Adequate parking.
Proposed Redevelooment Actions. In order to eliminate blight and
deterioration in the Project Area and prevent the spread and
reoccurrence of blighting conditions, the Redevelopment Plan
indicates the following actions may be taken:
(1) Acquisiton of certain real property;
(2) Provision of relocation assistance to displaced residential
and non-residential occupants;
(3) Demolition or removal of certain buildings and improvements;
(4) Installation, construction, or reconstruction of streets,
utilities, landscaping, open spaces, and other on -site and
off -site improvements;
(5) Disposition of property for uses in conformance with the
Redevelopment Plan; and
(6) Redevelopment of land within the Project Area by private
enterprise or public agencies for uses in conformance with
the Redevelopment Plan.
Phasing of Redevelopment Activities. The development of the
recommended improvements in the Project Area will occur over
a period ranging from five to twenty years. Development
phasing will relate to the rate of development or the area
and hence the tax increment cash flow or available bonding
capacity at any point in time.
7