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Home My WebLink AboutORD 1036ORDINANCE NO. 1036 AN ORDINANCE OF THE CITY OF PALM DESERT AMENDING THE REDEVELOPMENT PLAN FOR PROJECT AREA NO. 2 OF THE PALM DESERT REDEVELOPMENT AGENCY THE CITY COUNCIL OF THE CITY OF PALM DESERT DOES ORDAIN AS FOLLOWS: Section 1. The City Council of the City of Palm Desert approved and adopted the Redevelopment Plan (the "Redevelopment Plan") for Project Area No. 2 of the Palm Desert Redevelopment Agency (the "Project Area") by the City's Ordinance No. 509, adopted on July 15, 1987. Section 2. On December 8, 1994, the City Council, pursuant to its Ordinance No. 766, established certain limits in connection with the Project Area pursuant to Health and Safety Code Section 33333.6. Section 3. 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, it 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 sea.) 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 4. Pursuant to Health and Safety Code Section 33333.6(e)(2), Section XIV is hereby added to the Redevelopment Plan to read as follows: "XIV. ELIMINATION OF TIME LIMIT ON THE ESTABLISHING OF LOANS, ADVANCES AND INDEBTEDNESS Notwithstanding any other provision of this Plan or Ordinance No. 766, 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 5. This Ordinance is adopted pursuant to Health and Safety Code Section 33333.6(e)(2). Section 6. 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 Project Area 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. Section 7. 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 P6402`.0001 \ 1 127123.3 ORDINANCE NO. 1 03� 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 8. 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 thiS27thday ofFEBRUARY . 2003. by the following vote, to wit: AYES: CRITES, FERGUSON. KELLY, SPIEGEL, BENSON NOES: NONE ABSENT: NONE ABSTAIN: NONE 1 n M. Benson, Mayor ATTEST: Ra'chelle D. Klassen, City Clerk G MDAWana Hunt%WPDATANYRIGOYEN\Paim Desec SB 2 1 1 0-atna�ce-- Pro)eG Area No. 2 wpa -2- -^. 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 § 15180] I. BACKGROUND Amendment to Redevelopment Plan for Project Area 1. Project Title: No. 2 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) a. Was a previous EIR (or EIRs) certified for the project(s)? (Explain answer on attached page) Yes No X P6402/0001 /720597.1 b. If a previous EIR (or EIRs) was certified, was the _X_ "project" described in the earlier EIR (or EIRs)? (Explain answer on attached page.) 2. Changes to the Project: Yes No a. Are substantial changes proposed in the project? _X_ (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: Yes No a. Have substantial changes occurred with respect to the circumstances under which the project is undertaken? —X— (Explain answer on attached page) P6402/0001 /720597.1 -2- 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 P6402/0001 /720597.1 -3- 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, f� 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 -4- EXPLANATIONS TO ANSWERS ABOVE 1(a) and (b). An EIR was prepared for this project in 1987 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 1987 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 1987 there has been substantial growth in and around the project area and the City of Palm Desert generally. However, the 1987 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 1987 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. P6402/0001 /720597.1 -5- L6GEN0: �� - r -• i � "L .•\ . _ is _..�_ _ _r .-• -.--_. _— --_ �. _ _--.r z- • - i.� ` ^IiIIIIIIIIIIIIIi PR,04 S.OUNQARY `• " '� AREA lh hF l ' t ' i I 1 I o....a r.u. �� a 1�I I I -- �� `'."-,=.=-r�EE✓ML..�—'ins l,l GCi. <(,,, -� � � \� ��I �� (`ter iaa Club "'�.•1 ..sri.n r.. �C {1.3 • ii ii y.- � Ala : `.%`" � �• ow li VLEY ANE `. ' I a` •1�• }:OrlllRj _ -_•. lit10111111t-v t�t�" +{ { l_ r�`: •. I .•cif.._ II. � . �i NT r I I "�� ndAVE. RED I PROJECT CITY OF P_ALM _D.ES___ _--- DRAFT ENVIRONMENTAL IMPACT REPORT PALM DESERT REDEVELOPMENT PROJECT AREA 2 Project Description The project area is approximately 3,000 acres located in the northern part of city it is generally bounded on the south by the Whitewater Channel on the east by Cook Street to Country Club Drive then westerly on Country Club Drive to Del Safari Avenue. The westerly boundary is Portola Avenue and the easterly property line of the Marriott Desert Springs Hotel to Country Club Drive, then Portola Avenue to Frank Sinatra Drive, westerly to Monterey Avenue to Gerald Ford Drive then easterly the midpoint between Monterey and Portola Avenue then generally north to Interstate 10. The purpose of the project is to establish a redevelopment project area and plan as permitted by the California Public Resources Code. The overall objective is to revitalize the project area in order to provide adequate roadways, improve public facilities, services and infrastructure, provide adequate parking, reduce the cost of providing city services, create jobs for area residents, assure social and economic stability, and promote aesthetic and environmental actions and improvements that will make Palm Desert a better place to live, work, shop, and enjoy leisure time. Among the activities that maybe undertaken as a result of this project are: 1. Installation, construction, reconstruction, redesign, or reuse of streets, utilities, curbs, gutters, sidewalks, plazas, handicap ramps, and other 8 DRAFT ENVIRONMENTAL IMPACT REPORT PALM DESERT REDEVELOPMENT PROJECT AREA 2 public improvements as permitted according to the Palm Desert General Plan and City Zoning Ordinance. 2. Construction and/or reconstruction of various storm drainage facilities. 3. Provision and/or upgrading of traffic signals, freeway ramps, channeIizatIon, lighting and signing of various intersections, and correction of other existing circulation deficiencies within the Project Area. 4. Completion of various water system projects including the replacement, construction, and improvement of water lines, fire hydrants, water storage and treatment facilities, in order to provide adequate fire flows and domestic water supplies. 5. Replacement, installation and improvement of domestic sewage collection to reduce public health and safety hazards. 6. Undergrounding of utilities in the Project Area. 7. Improvement and development of recreational facilities, parks and community centers. 8. Construction and improvement of community facilities including police, fire and library facilities. 9. Construction and improvement of vehicle parking facilities. 10. Improvement and/or development of various utility distribution systems including electrical, gas and telephone. 11. Improvements of streetscapes and urban design. 12. Purchase of land, and construction, reconstruction, or rehabilitation of structures for the purpose of providing necessary community facilities such as parking facilities, recreational facilities, etc. The above mentioned summary of major public improvements is not complete in that other public improvement projects may be proposed by the agency. This does not include other anticipated agency programs centered around structural rehabilitation, land write -down or development of affordable housing. in addition, some project/improvements may be completed outside of the Project Area boundaries that are of benefit to the Project Area and its residents. E