The URL can be used to link to this page

Home My WebLink AboutORD 1062ORDINANCE NO. 1062 AN ORDINANCE OF THE CITY OF PALM DESERT AMENDING THE REDEVELOPMENT PLAN FOR PROJECT AREA NO. 3 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. 3 of the Palm Desert Redevelopment Agency (the "Project Area") by the City's Ordinance No. 652, adopted on July 17, 1991. Section 2. On December 8, 1994, the City Council, pursuant to its Ordinance No. 767, 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, 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 seq.) 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 XV is hereby added to the Redevelopment Plan to read as follows: "XV (1500). ELIMINATION OF TIME LIMIT ON THE ESTABLISHING OF LOANS, ADVANCES AND INDEBTEDNESS Notwithstanding any other provision of this Plan or Ordinance No. 767, 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 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. P6402\0001 \720717.2 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. MARCH ATTEST: PASSED, APPROVED AND ADOPTED this , 2004. Robert A. Spie el, a or CITY OF PALM DESERT Rachelle D. Klassen, City C1 rk CITY OF PALM DESERT AYES: BENSON, CRITES, BELLY, SPIEGEL NOES: NONE ABSENT: FERGUSON ABSTAIN: NONE 11th day of P6402\0001 \720717.2 -2- V<ya rNulLkr x Palm Itsert Redevelopm Agency '' . Project Areas .... i OINANONORE OR CITYL/WT9 ` W 1 GERALD FORD DR '11.... e O V' 4 U \; FRANK SINATRA OR FRANK RA DR i .,'A.,,,_ ' / 'RADA. ro FD/ect _ 'P `� Area(2 al, : fXXA7 h COUNTRY CLUB DR .. COUNTRY CLUB OR ` � k NOVLEYLNW o RDAg. PROJECT AREA a Project 6.. o Area No y p NO. 3 o W >993 0 O` Are RDA _ NOVLEY LNE a r ealct No.3 $ 1991 N Z DR i k i NE _/ k CALIFORNIA/ P� 3 -. FRED WARI GDR ! FRED WARING OR 1 V LI,LIMOS IN STATE NWY 111 i \ SHADOW 1 , 57N 4raTNraNLKr 1 FAIRKf4YDR`.'1 1 Ii GRAPEVINE Sr 1 OA 1 S k i N4YSTACKRD I I SA OR ' RDA _ �� Project Area No.> �� 1975/1982 i i i N ,:iv. W ( % E 710 S r 41111/ DETERMINATION OF NEED FOR ADDITIONAL E ON MENTAL 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] L BACKGROUND Amendment to Redevelopment Plan for Project Area 1. Project Title: No. 3 extending time limit to incur debt. 2. Lead Agency Name: City of Palm Desert 3. Contact Person: Dave Yrigoyen Telephone Number. (760)776-6306 4. Project Location: See attached Project Description (Map) 5. Project Sponsor's Name: Palm Desert Redevelopment Agency Address: 73510 Fred Waring Drive,Palm Desert, CA 92260 6. General Plan Designation: 7. Zoning: 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.) • 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 FIR(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.) ISO 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? X (Explain answer on the attached page.) — — 4. New Information: 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 X prepared EIR(or EIRs)was certified as complete, been — — 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 considerablyfrom those analyze in the different Yz previous EIR(or Ems)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, 0 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 Yrigoven. Director of Redevelopment Name& Title • n,