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(`1j City Clerk _-- -- uW Q �Q � 4.
City of Paim Desert � ¢�� �
73-510 Fred Waring Drive a
Palm Desert , CA 92260
RECORDATION OF DESCRIPTION OF LAND WITHIN PROJECT
AREA N0. 2 OF THE PALM DESERT REDEVELOPMENT AGENCY
AND STATEMENT THAT PROCEEDINGS FOR REDEVELOPMENT
OF SUCH PROJECT AREA HAVE BEEN INSTITUTED
Proceedings for the redevelopment of Pro,�ect Area No. 2
of the Palm Desert Redevelopment Agency have been instituted
under the Community Redevelopment Law , California Health and
Safety Code Section 33000 , et se4.
The description of the land within such Pro,ject Area is
as follows :
BEGINNING at the Southwest corner of Section 4 , Township 5 South,
Range 6 East , San Bernardino Meridian;
Thence Northerly along the West line of said Section d , a
distance of 5280 feet , more or less , to the Northwest corner
thereof;
Thence Westerly along the South line of Section 32 , Township 4
South . Range 6 East , San Bernard9no Meridian , a distance of
4500 . 51 feet , more or less , to the Southwest corner of said
Section 32; -
Thence Northerly 5335 . 36 feet along the West line of said Section
32 to the Northwest corner thereof;
Thence Easterly 2635 . 20 feet along the North line of said Section
32 to the North quarter corner of the Section , also be9ng the
Southwest corner of the Southeast quarter of Section 29, Township
4 South. Range 6 East , San Bernardino Meridian ;
Thence Norther l y 1 470 feet a l ong the West l i ne of the sa t d
Southeast quarter of Section 29 , to the Southwest corner of
Parcel 3 , as shown on Record of Survey Map on file in Book 40 ,
Page 69, Records of Riverside County, California;
Thence N 89 53 ' 30" E , a dlstance of 2631 . 80 feet along the South
line of said Parcel 3 , to the intersection with the East line of
said Southeast quarter of Section 29 ;
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11t Thence Northerly along the West line of Section 28 , Tow�ship 4
South , Range 6 East , San Bernardino Meridian , to the Southerly
right-of-way line on Southern Pacific Railroad;
Thence Southeasterly along said Southerly right-of-way to the
intersection with the East line of the Southwest quarter of
Section 34 , Township 4 South , Range 6 East ;
Thence Southeriy along the East line of the said Southwest
quarter of said Section 34 to the South quarter corner thereof;
Thence Westerly along the North line of Section 3 . Township 5
5outh , Range 6 East , San Bernardino Meridian , a distance of
126. 55 feet , more or less , to the Northwest corner of Parcel 1 ,
as shown on Map filed in Book 54 of Record of S�rveys at Page 36;
Thence Southerly along the West line of said Parcel 1 , a distance
of 5314 . 10 feet to the Southwest corner thereof;
Thence continuing Southerly along last mentioned line to a point
55 feet South of , when measured at right angles to, the North
line of Section 10 , Township 5 South , Range 6 East , San
Bernardino Meridian ;
Then�e Westeriy parailel with and 55 feet Southerly of said North
line of Section 10 , a distance of 3266. 15 feet , more or less , to
a point lying 55 feet Easterly of, when measured at right angles
to, the East line of Section 9 , Township 5 South , Range 6 East ,
San Bernardino Mertdian ;
Thence Souther ) y parallel with and 55 feet Easterly of, when
measured at right angles to, the East line of said Section 9 , a
distance of 3981 . 96 feet, more or less to a point on the Easterly
prolongation of the South right-of-way line for Hovley Lane;
Thence Westerly along said South right-of-way line , a distance of
5415 feet, more or less , to a point on the West right-of-way line
of Portola Avenue being 50 feet West and parallel to the East
line of Section 8 , Township 5 South , Range 6 East , San 8ernardino
Meridian ;
Thence Northerly along said West right-of-way line , a distance of
I 368 . 90 feet , to a po i nt on the center sect i on 1 i ne of sa i d
Section 8 ;
Thence Easterly along said center section line and the center
section line of said Section 9, a distance of 1377 . 06 feet , more
or less , to the Southwest corner of the East half of the
Northwest quarter of said Section 9;
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� Thence Northerly along the West line of said East half of the
� Northwest quarter , a distance of 2597 . 22 feet , more or less , to a
point on the South right-of-way line of Country Club Drive , being
55 feet Southerly of, when measured at right angles to, the North
line of said Section 9 ;
Thence Westerly along said South right-of-way line , a distance of
1326 . 77 feet , more or 1 ess , to a poi nt on the West 1 i ne of
Section 9;
Thence Northerly along said West line of Section 9, a distance of
55 feet , more or less , to the POINT OF BEGINNING.
This parcel contains 3 , 120 acres , more or less .
DATED : July 23 , 1987.
SHEILA R. LIGAN
City Clerk
City of Paim Oesert
STATE OF CALIFORNIA )
) ss .
COUNTY OF RIVERSIDE )
On th i s ��-���. day of Ju 1 y, 1 987 , before me, 1�1r��� `i ;) ��:" ri � ` t "-
, personally appeared SHEILA R. GILLIGAN. personally known
to me (or proved to me on the basis of satisfactory evidence) to
be the person who executed this instrument as the City Clerk of
the City of Palm Desert and acknowledged to me that she executed
this instrument on behalf of the City of Palm Desert .
..... �
......................................5 �4. , -, .
• . ' • 6�fIC'PL$cAL i `��\..�1_L`, ���� r_)A.�� . � l .�. .
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; ,��.Y,;���7� (+�lA.RY P. Ff�AZ1cA Notary f bl i c i n and for sa i d
;
���"?'� ' NOTARY PU6LIC—CAUF�RNIA
, :�� Co�nty 'ar�d State
NOTARV GCND FiLEC IN
`ti� RNERSIDE COUNTY
� My Commission Expires July 23, 1990
a....................��.........,............
ORDINANCE NO. 509
AN ORDINANCE OF THE CITY OF PALM DESERT
ADOPTING A REDEVELOPMENT PLAN AS THE OFFICIAL
REDEVELOPMENT PLAN FOR PROJECT AREA NO. 2
THE CITY COUNCIL OF THE CITY OF PALM DESERT DOES
ORDAIN AS FOLLOWS:
Section 1. The purposes and intent of the City
Council with respect to Project Area No. 2 (the "Project Area")
of the Palm Desert Redevelopment Agency are to eliminate the
conditions of blight existing in the Project Area and to prevent
their recurrence by undertaking all appropriate reevelopment
projects pursuant to the Community Redevelopment Law, California
Health and Safety Core Section 33000, et sea. (the "Redevelopment
Law").
Section 2. The Redevelopment Plan for Project Area
No. 2 (the "Redevelopment Plan"), attached hereto as Exhibit A,
is incorporated herein by this reference.
Section 3. Based upon the record of the joint public
hearing held on the Redevelopment Plan, and the various reports
and other information provided to the City.Councii, the City
Council hereby finds and determines that:
A. The Project Area is a blighted area, the redevelop-
ment of which is necessary to effectuate the public purposes
declared in the Law. The Project Area is characterized by the
conditions set forth in Sections 33031 and 33032 of the Redevel-
opment Law causing a reduction of, and lack of, proper utiliza-
tion of the area to such an extent that it constitutes a serious
Ordinance No. 505
physical, social and economic burden on the City of Palm Desert
which cannot be expected to be reversed or alleviated by private
enterprise acting alone. Such conditions include but are not
limited to the following described conditions.
The Project Area contains parcels or lots of land that
are of irregular form and shape and of inadequate size for
proper usefulness and development. The inadequate size and
Irregular shape of numerous parcels of land of the Project Area
prevents or hinders land intensive development of large parcels
due to the inability of new development on such parcels to meet
expected design and building standards. Further, such parcels
Inhibit or prevent integrated, master or comprehensively planned
development.
There are a large number of property tax delinquencies
and loan foreclosures within the Project Area.
Numerous residential structures within the Project
Area are obsolete, deteriorated and dilapidated and subject to
mixed character and shifting of uses. The Project Area contains
abandoned agricultural uses with an on -site residential use
which appears to be inhabited by more than one family.
Inadequate traffic circulation and the hazards of
biowsand have created circulation problems in a substantial
portion of the Project Area. Drainage facilities, sidewalks,
curbs and gutters are lacking in a substantial portion of the
Project Area.
Portions of the Project Area are currently in use for
2
Ordinance No. 509
unlawful dumping of refuse and trash.
Above ground high voltage transmission lines are
prevalent throughout the Project Area. The Project Area and
surrounding area are within a well known high wind area and the
presence of such transmission lines is not only unsightly but a
threat to public safety.
The parcels of land of irregular form and shape and
Inadequate size, the large number of tax delinquencies and loan
foreclosures, the inadequate and hazardous traffic circulation,
the lack of other necessary public improvements, the deteriorated
and dilapidated residential buildings, and the mixed characteJ,
and shifting of uses have resulted in, and are evidence of, a
prevalence of depreciated values, impaired investments and
economic maladjustment.
B. The Redevelopment Plan would redevelop the area in
conformity with the Redevelopment Law and in the interest of the
public peace, health, safety and welfare. The Redevelopment
Plan will eliminate conditions of blight within the Project
Area. The Improvement of the traffic circulation will correct
the existing deficiencies and meet the needs of the Project
Area. The Redevelopment Plan provides for the undergrounding of
utilities and the elimination or alleviation of drainage defic-
iencies. The Redevelopment Plan also provides for the eliminat-
ion of irregularly shaped and inadequate sized parcels of land
and the rehabilitation or removal of substandard buildings.
Under the Redevelopment Plan, recreational and open space
3
Ordinance No. 509
opportunities will be expanded.
C. The adoption and carrying out of the Redevelopment
Plan is economically sound and feasible. The tax increment
revenues projected to be available to the Palm Desert Redevelop-
ment Agency from the Project Area will be sufficient to pay for
the principal of an interest on the bonds or other obligations
issued by the Agency to finance its redevelopment activities.
In addition, there are available to the Agency other methods of
financing its redevelopment activities, including but not
limited to bonds issued pursuant to Section 33750 or Section
33641(d) of the Redevelopment Law. The Agency may receive
financial assistance from the County, the State of California,
the Federal Government and any other public agency. As avail-
able, other funds also may be used to pay the costs of the
Agency's redevelopment activities, including but not limited to
gasoline tax funds and Community Development Block Grant funds.
D. The Redevelopment Plan conforms to the General
Plan of the City of Palm Desert as set forth in the findings of
the Planning Commission in its Resolution entitled "A Resolution
of the Planning Commission of the City of Palm Desert Approving
a Proposed Redevelopment Plan, Recommending Approval Thereof and
Reporting on Certain Matters with Respect Thereto." The Redeve-
lopment Plan proposes land uses and public improvements which
are consistent with the land uses and public improvements
contemplated by the General Plan and the goals and objectives of
such Plan.
4
Ordinance No. 509
E. The carrying out of the Redevelopment Plan would
promote the public peace, health, safety and welfare of the City
of Palm Desert and would effectuate the purposes and policies of
the law. The Redevelopment Plan will eliminate conditions of
blight within the Project Area. The improvement of the traffic
circulation wfII correct the existing deficiencies and meet the
needs of the Project Area. The Redevelopment Plan provides for
the undergrounding of utilities and the elimination or alleviat-
ion of drainage deficiencies. The Redevelopment Plan further
provides for the elimination of irregularly shaped and Inadequate
sized parcels of land and the rehabilitation or removal of
substandard buildings. Under the Redevelopment Plan, recreation-
al and open space opportunities will be expanded.
F. The condemnation of real property is necessary to
the execution of the Redevelopment Plan and adequate provisions
have been made for payment for property to be acquired as
provided by law. The elimination of substandard and irregularly
shaped lots, fragmented ownership patterns, and incompatible
land uses may require condemnation. Also, the completion of the
proposed public improvements may involve real property acquisit-
ion. No real property will be condemned without the payment of
compensation as required by law. Further, adequate monies will
be budgeted by the Agency for the acquisition of real property
required by the implementation of the Redevelopment Plan.
G. Although the Palm Desert Redevelopment Agency does
not intend to displace any families or persons from the Project
5
Ordinance No. 509
Area, the Agency has a feasible method or plan for the relocation
of families and persons which may be displaced from the Project
Area if the Redevelopment Plan may result in the temporary or
permanent displacement of any occupants of housing facilities in
the Project Area. The Agency has adopted a method of relocation
for the Project Area which incorporates the California Relocation
Assistance and Real Property Acquisition Guidelines.
H. Although displacement of residents in the Project
Area will be minimal, if any displacement occurs at all, there
are, or are being provided, in the Project Area or in other areas
not generally less desirable in regard to public utilities a%d
public and commercial facilities and at rents or prices within
the financial means of the families and persons who may be
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. An adequate number of affordable
dwelling units of comparable quality are available within or in
the vicinity of the Projected Area to serve the needs of any
persons or families who possibly may be displaced by the imple-
mentation of the Redevelopment Plan.
I. The inclusion of the Project Area of any lands,
buildings or improvements which are not detrimental to the
public health, safety or welfare is necessary for the effective
redevelopment of the area of which they are a part; any such
area included is necessary for effective redevelopment and is
6
Ordinance No. 509
not Included for the purpose of obtaining the allocation of tax
increment revenues from such Area pursuant to California Health
and Safety Code Section 33670 without other substantial justi-
fication for its inclusion. Such lands, buildings or improve-
ments are an integral part of the overall Project Area and their
proximity to substandard lands, buildings or improvements
requires their inclusion within the Project Area to ensure
proper and comprehensive planning and redevelopment. Since
conditions of blight, Including substandard buildings *and
Inadequate public improvements are prevalent throughout the
Project Area, it is not feasible to exclude the lands, buildings
or improvements which are not detrimental to the public health,
safety or welfare.
J. The elimination of blight and the redevelopment of
the Project Area could not reasonably be expected to be accom-
plished by private enterprise acting alone without the aid and
assistance of the Palm Desert Redevelopment Agency. Substantial
public improvements must be constructed to assist in the elimina-
tion of the conditions of blight In the Project Area. Even
though the Agency may be provided with the financial assistance
of the City by developer fees, assessment districts, and the
like, the extent of the required public improvements, particular-
ly the undergrounding of utilities, cannot be accomplished by
private enterprise acting alone. Irregular shaped and inadequate
sized lots and fragmented ownership patterns cannot be eliminated
without the consolidation and reparcelization of land by the
7
Ordinance No. 509
Agency within the Project Area.
Section 4. Although displacement of residents in the
Project Area will be minimal, if any displacement occurs at all,
based upon the record of such joint public hearing and the
various reports and other information provided to the City
Council, the City Council is satisfied that permanent housing
facilities will be available within three years from the time
occupant of the Project Area may be displaced and that pending
the development of such facilities, there will be availabe to
such occupants who may be displaced, adequate temporary housing
facilities at rents comparable to those at the time Qf
displacement.
Section 5. Based upon the record of such joint public
hearing and the various reports and other information provided
to the City Council, and the reported consultations by the staff
of the Agency with affected taxing agencies, the City Council is
convinced that the effect of tax increment financing will not
cause a significant financial burden or detriment on any taxing
agency deriving revenues from the Project Area. The Agency is
considering agreements with each of the taxing agencies to
alleviate any potential financial burden or detriment by either
a direct reimbursement of certain tax revenues lost as a result
of redevelopment, or by undertaking public projects on behalf of
such taxing agencies. Taxing agencies such as the Desert Sands
United School District and the Coachella Valley Community
College District are reimbursed dollar for dollar under State
8
Ordinance No. 509
law for property tax revenues allocated to the Agency.
Section 6. The Redevelopment Plan is hereby approved
and adopted and is hereby designated as the Official Redevelop-
ment Plan of the Project Area.
PASSED, APPROVED and ADOPTED by the City Council of
the City of Palm Desert, California, thisl,jtbL day of July ,
1987, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Benson, Snyder, Wilson & Kelly
None
Crites
None
PC
I
RI HARD S. KELL , MAYOR
EXHIBIT "A"
PALM DESERT CITY ORDINANCE NO. 509
REDEVELOPMENT PLAN
FOR
PROJECT AREA NO. 2
I . INTRODUCTION .. . . . . . . . . . . . . . . . . . . . . . 1
II. DEFINITIONS . . . • • • • • - • • • • . .0 1
III. PROJECT AREA . . . . . . . . . . . . . . . . . . . . . . 2
IV. PROPOSED REDEVELOPMENT ACTIONS . . . • • • • • • • • 2
A. General. . . . . . . . . . . . . . . . . . . . . . 2
B. Property Acquisition. . . . . . . . . . . . . . . 4
1. Acquisition of Real Property . . . . . . . . . 4
2. Acquisition of Personal Property . . . . . . . 5
C. Participation of Owners and Tenants . . . . . . . . 5
1. Owner Participation . . . . . . . . . . . . . . 5
2. Participation Agreements . . . . . . . . . . . 6
3. Certificate of Conformance . . . . . . . . . . 7
D. Cooperation with Public Bodies. . . . . . . . . . .7
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870417 j1W A209.NLs(2)
E. Property Management; In Lieu Payments . . . . . . . 8
F. Relocation of Persons Displaced by the Project. . . 9
1. Assistance in Finding Other Locations. . . . . 9
2. Relocation Payments. . . . . . . • • • • • • . 10
G. Demolition, Clearance, Public Improvements,
Building and Site Preparation . . . . . • • • • • • 10
1. Demolition and Clearance . . . . . . . . • • • 10
2. Public Improvements. . . . . . . . . • • . • • 10
3. Preparation of Building Sites. . . . . . . . . 12
H. Rehabilitation and Moving of Structures by the
Agency . . . . . . . . . . . . . . . . . . . . . . . 13
1. Rehabilitation . . . . . . . . . . . . . • • . 13
2. Moving of Structures . . . . . . . . . . • • • 13
I. Property Disposition and Development. . . . . . • • 13
1. Real Property Disposition and Development. . . 13
a. General . . . . . . . . . . . . . . . . .13
b. Purchase and Development by Participant .15
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87"17 Aw A205.ks(2)
c. Purchase and Development Documents . . • • 15
d. Development of Publicly owned
Improvements . . . . . . . . . . . . • • • 17
2. Personal Property Disposition. . . . . . . . . 18
J. Provision for Low and Moderate Income Housing . . . 18
1. Definition of Terms . . . . . . . . . . . . . . 18
2. Authority Generally . . . . . . . . . . . . . • 19
3. Replacement Housing. . . . . . . . . . 19
4. New or Rehabilitated Dwelling Units Developed -
Within the Project Area. . . . . . . . . . . • 19
5. Duration of Dwelling Unit Availability . . . . 20
6. Relocation Housing . . . . . . . . . . . . . . 20
7. Dwelling Units Removed . . . . . . . . . . . . 20
V. USES PERMITTED IN THE PROJECT AREA . . . . . . . . . . . 21
A. Redevelopment Plan Map . . . . . . . . . . . . . . . 21
B. Residential . . . . . . . . . . . . . . . . . . . . 21
C. Commercial . . . . . . . . . . . . . . . . . . . . . 21
D. Industrial . . . . . . . . . . . . . . . . . . . . . 22
E. Public Uses . . . . . . . . . . . . . . . . . . . . 22
1. Public Rights of Way . . . . . . . . . . . . . 22
AMI? AN A2NALS(2)
2. Public Uses . . . . . . . . . . . . . . . . . . 23
F. Other Public, Semi -Public Institutional and Non
Profit Uses . . . . . . . . . . . . . . • • • • • • 23
G. General Controls and Limitations. . . . . . . . .
. 23
1.
New Construction . . . . . . . . . . . . . .
. 23
2.
Existing Non Conforming Uses . . . . . . . .
. 25
3.
Rehabilitation . . . . . . . , . . . . . . . .
. 26
4.
Limitations on the Number of Buildings . . .
. 26
•
S.
Open Space and Landscaping . . . . . . . . .
. 26
6.
Land Coverage, Limitations and Public
Property . . . . . . . . . . . . . . . . . .
. 27
7.
Light, Air and Privacy . . . . . . . . . . .
. 27
S.
Signs . . . . . . . . . . . . . . . . . . .
. 28
9.
Utilities and Street Layout. . . . . . . . .
. 28
10.
Incompatible Uses . . . . . . . . . . . . .
. 29
11.
Nondiscrimination and Non -Segregation . . .
. 29
12.
Minor variations . . . . . . . . . . . . . .
. 29
13.
Consistency with General Plan and Zoning
Ordinances . . . . . . . . . . . . . . . . .
• 31
H. Design
for Development . . . . . . . . . . . . .
• 31
I. Building Permits . . . . . . . . . . . . . . . . . 32
-iv-
67%17 Abo A20S.YLS(2)
VI. METHODS FOR FINANCING THE PROJECT . . . . . . . . . . 32
A. General Description of the Proposed Financing
Methods. . . . . . . . . . . . . . . . . . . . . 32
B. Property Tax Increment Revenues . . . • • • • • 33
C. Other Loans and Grants . . . . . . . . . . . . . . . 37
VII. ACTIONS BY THE CITY . . . . . . . . . . . . . • • • 37
A. Proceedings Undertaken by the City. . . . . . . . . 37
B. Safeguards . . . . . . . . . . . . . . . . . . . . . 3&
C. Retention of Controls . . . . . . . . . . . . • • • 39
D. Other Covenants, Conditions and Restrictions. . • . 39
E. Expenditure of Money by the City. . . . . . • • • • 40
VIII. ADMINISTRATION AND ENFORCEMENT OF THE PLAN. . . • • • • 40
IX. DURATION OF THIS PLAN . . . . . . . . . . . . . • • • • 40
X. PROCEDURE FOR AMENDMENT . . . . . . . . . . . . . . . . 41
Appendix A - Legal Description
Appendix B - List of Public Improvements and Projects
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870417 A w A20S.WLS(2)
lovidla
i •
1. Project Area Map
2. Diagrams
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870417 jlw A20S.WS(2)
a-
This Redevelopment Plan consists of the text, the Map
(Figure 1), the Legal Description of the Project Area (Appendix
"AN) and the Proposed Public Improvements and Projects List
(Appendix "H"). This Plan has boon prepared by the Palm Desert
Redevelopment Agency pursuant to the Community Redevelopment Law
and all applicable laws and ordinances.
II. GINZRAL DEFINITIONS
3
The following references will be used generally in this
Plan unless the context otherwise requires:
Agency
A. "Agency" means the Palm Desert Redevelopment
a. "City" means City of Palm Desert, California.
C. "City Council" means the City Council of*the City
of Palm Desert, California.
0. "County" means the County of Riverside.
E. "Map" means the Redevelopment Plan Map for the
Project Area.
F. "Person" means any individual, or any public or
private entity.
G. "Plan" or "Redevelopsent Plan" means the
Redevelopment Plan for the Project Area.
H. "Project" or "redevelopment project" means any
undertaking by the Agency pursuant to the Redevelopment Law or
otherwise.
I. "Project Ares" means the area included within the
boundaries of Project Area No. 2.
J. "Redevelopment Law" means the Comaunity
Redevelopment Law, California Health and Safety Coda Section
33000, Am Am.
R. "State" means the State of California.
III. PROJECT AREA BOUNDARIES
s
The boundaries of the Project Area are illustrated on
the Map contained in Figure 1. The legal description of the
boundaries of the Project Area are as set forth in Appendix A.
attached hereto.
IV. PROPOSED REDEVELOPMENT ACTIONS
w
A. General
The Agency propose to eliminate and prevent the spread
of blight in the Project Area by:
(1) Installation, construction, reconstruction,
redesign, or rouse of streets, curbs, gutters, sidewalks, storm
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a701• it* AM.1ii(1)
drains and other public improvements and utilities, and building
and facilities;
2. Acquisition of property;
3. Disposition of property acquired for uses in
accordance with this Plan;
4. Redevelopment of land by private enterprise or
public agencies, including the Agency, for uses in accordance
with this Plan, including, without limitation, resort and related
developments, convention centers, conference center and related
or compatible developments of extraordinarily large parcels;
S. Financing the construction of residential,
commercial and industrial building, and buildings for other uses,
and the permanent mortgage financing of such buildings as a
permitted by applicable Federal, State and local laws, to
increase the residential, commercial and industrial base of the
City and the number of temporary and permanent jobs within the
City;
6. In appropriate cases, rehabilitation of structures
and improvements or development of undeveloped land by present
owners, their successors and the Agency for uses in accordance
with this Plan;
7. Controlling growth in the Project Area with sound
development policies consistent with surrounding developments and
the goals and objectives of the City. Without limiting the
generality of the foregoing, the Agency proposes to eliminate and
prevent the spread of blight in the Project Area.
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B. Property Acquisition
1. Acquisition of Real Property
As authorized by the Redevelopment Law, or
otherwise, the Agency may acquire real property by gift;
purchase, lease, or eminent domain, or any other means authorized
by law. Acquisition of property will generally be achieved by
cooperative negotiation between the owner of such property and
the Agency.
The Agency shall not acquire real property to be
retained by an owner pursuant to a participation agreement unless
provision for such acquisition is made in the agreement. The
Agency is authorized to acquire structures without acquiring the
land upon which those structures are located. The Agency is also
authorized to acquire any other interest in real property less
than a fee.
No eminent domain proceeding to acquire property
within the Project Area shall be commenced after twelve (12)
years following the date of adoption of the ordinance approving
and adopting this Redevelopment Plan.
The Agency shall not acquire real property on
which an existing building is to be continued on its present site
and in its present form and use without the consent of the owner,
unless (1) such building requires structural alterations,
improvement, modernization, or rehabilitation, or (2) the site or
lot on which the building is situated requires modification in
size, shape, or use, or (3) it is necessary to impose upon such
property any of the standards, restrictions and controls of the
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plan and the owner fails or refuses to participate in the Plan by
executing a participation agreement.
2. Acciuisition of Personal Property
Generally, personal property shall not be
acquired. However, where necessary in the execution of the Plan,
the Agency is authorized to acquire personal property by any
lawful means except eminent domain.
C. Participation by Owners and Tenants
1. Owner Participation
The Agency shall extend reasonable preferences to
the present owners and business tenants in the Project Area, to
participate in the development of the Project Area if they
otherwise meet the requirements prescribed by the Plan and the
rules governing participation promulgated by the Agency, which
rules may be amended from time to time.
The Agency desires participation in redevelopment
by as many owners and business tenants as possible. However,
participation opportunities shall necessarily be subject to and
limited by such factors as the expansion of public facilities;
elimination and changing of land uses; realignment of streets;
and the ability of the Agency or owners to finance acquisition
and development in accordance with the Plan or the redevelopment
project; assembly and development of areas for public or private
development in accordance with this Plan or the redevelopment
-5-
project; and any reduction in the total number of individual
parcels in the Project Area.
Each person desiring to become a participant in
the redevelopment of the Project Area shall enter into an owner
participation agreement with the Agency pursuant to which the
participant agrees to rehabilitate, develolp or use the real
property in conformance with this Redevelopment Plan and subject
to such other provisions as may be provided by the Agency. In
such agreements, participants who retain real property shall join
in the recordation of such documents as determined by the,Agency.
In the event that an owner of property in the
Project Area fails to participate as agreed, the Agency may
acquire such property by any available means, eminent domain, or
may take any other appropriate action to ensure that the
redevelopment of the Project Area is carried out pursuant to the
provisions of this Redevelopment Plan and the Redevelopment Law.
2. Participation Agreements
The Agency may enter into a binding agreement with
each person desiring to participate in redevelopment pursuant to
the Redevelopment Plan by which the participant agrees to
rehabilitate, develop, or use the property in conformance with
the Plan and be subject to the provisions hereof. In the
agreement, participants who retain real property 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.
ME
In the event that the Agency is not directly
involved in the development of a particular property, a
participation agreement may not be required. The determination
of whether or not a participation agreement is required shall be
made by the Executive Director of the Agency or a designated
representative whose decision, subject to an appeal to the
Agency, shall be final. Whether or not a participant enters into
a participation agreement with the Agency, the provisions of this
Plan are applicable to all public and private property in the
Project Area.
3. Certificate of Conformance
As an alternative to requiring a participation
agreement for each property not to be purchased or subject to
Agency acquisition by eminent domain, the Agency is authorized to
make determinations of those properties which conform to the
Redevelopment Plan. If such determination is made by the Agency,
the Agency may issue a Certificate of Conformance to qualifying
properties and such property will not be subject to acquisition
by eminent domain under this Plan so long as the property
continues to conform to this Redevelopment Plan and to such
further terms and conditions as the Agency may require as
necessary or appropriate to carry out the Plan.
D. Cooperation with Public Bodies
- 7-
Certain public bodies are authorized by* state law to
aid and cooperate, with or without consideration, in the
planning, undertaking, construction, or operation of a
redevelopment projecct. The Agency shall seek the aid and
cooperation of such public bodies and shall attempt to coordinate
this Plan with the activities of such public bodies in order to
accomplish the purposes of redevelopment and the highest public
The Agency, by law, is not authorized to acquire
real property owned by public bodies without the consent of such
public bodies. however, the Agency shall seek the cooperation of
all public bodies which own or intend to acquire property in the
Project Area. Any public body which owns or leases property in
the Project Area will be afforded all the privileges of owner
participation if such public body is willing to enter into a
participation agreement with the Agency.
The Agency may pay to any taxing agency which
levies a property tax in the Project Area, an amount it deems
appropriate to alleviate any financial burden or detriment caused
to any taxing agency by the Project contemplated by this
Redevelopment Plan.
E. Property Management; In Lieu Payments
During such time as property, if any, in the Project
Area is owned by the Agency, such property shall be under the
management and control of the Agency. Such property may be
rented or leased by the Agency pending its disposition for
-8-
redevelopment, and such rental or lease shall be pursuant to such
policies as the Agency may adopt.
As provided for in Section 33401 of the Redevelopment
Law, the Agency may pay an amount of money in lieu of taxes in
any year during which it owns property in the Project Area. Such
payment shall be made directly to the City, County, or special
district, including, but not limited to, a school district, or
other public corporation for whose benefit a tax would have been
levied upon such property had it not been exempt.
..The Agency may also pay to any taxing agency with
territory located within the Project Area other than the City,
any amounts of money which in the Agency's determination is
appropriate to alleviate any financial burden or detriment caused
to the taxing agency by the Redevelopment Project.
F. Relocation of Persons Displaced by the Project
1. Assistance in Finding Other Locations
The Agency shall assist in the relocation of all
persons (including families, business concerns, and others)
displaced by Agency acquisition of property in the Project Area.
The Agency intends to accomplish all redevelopment pursuant to
this Redevelopment Plan with as little displacement of persons
from businesses or residences as is feasible. In order to carry
out the Project with a minimum of harship to persons displaced
from their homes, the Agency shall assist individuals and
families in finding housing that is decent, safe, sanitary,
-9-
within their financial means, in reasonably convenient locations,
and otherwise suitable to their needs. The Agency is also
authorized to provide housing outside the Project Area for
displaced persons.
2. Relocation Payments
The Agency is authorized to pay all relocation
payments to provide relocation advisory assistance in conformity
with the adopted Relocation Plan and the California Relocation
Assistance Guidelines or as otherwise required or authorized by
law to all Project residents'and business concerns relocated from
the Project Area. All relocation phall be conducted in
accordance with Article 9, Chapter 4 of the Redevelopment Law.
G. Demolition, Clearance, Public Improvements, Building
and Site Preparation
1. Demolition and Clearance
The Agency may clear or move buildings,
structures, or other improvements from real property as necessary
to carry out the purposes of this Plan.
2. Public Improvements
To the extent permitted and in the manner required
by law, the Agency is authorized to install and construct or to
cause to be installed and constructed the public improvements and
public utilities (inside or outside the Project Area) necessary
-10-
to carry out the Plan. Such public improvements include, but are
not limited to: parking lots or structures, over or underpasses,
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, and any buildings,
facilities, structures or improvements necessary and convenient
to the full development of any of the foregoing. A list of
proposed projects is set forth in Appendix H.
The Agency may pay all or part of tho value of the
land for and the cost of the installation and construction of any
building, facility, structure or other improvement described in
Appendix H which is publicly owned either inside or outside the
Project Area upon a determination by resolution of the Agency and
City Council: (1) that such buildings, facilities, structures
and other improvements are of benefit to the Project Area or the
immediate neighborhood in which the Project Area is located; (2)
that no other reasonable means of financing such buildings,
facilities, structures or other improvements are available to the
City.
When the value of such land or the cost of the
installation and construction of such building, facility,
structure or other improvement, or both, has been, or will be,
paid to provided for initially by the City or other public
corporation, the Agency may enter into a contract with the City
or other public corporation under which it agrees to reimburse
the City or other public corporation for all or part of the value
of such land' or all or part of the cost of such building,
-11-
facility, structure or other improvement, or both, by periodic
payments over a period of years.
Any obligation of the Agency under such contract
shall constitute an indebetedness of the Agency for the purpose
of carrying out the redevelopment project.
3. Preparation of Building Sites
The Agency may develop as a building site any real
property owned or acquired by it. In connection with such
development it may cause, provide or undertake or make provision
with other agencies for the installation, or construction of
parking facilities, streets, utilities, parks, playgrounds and
other public improvements necessary for carrying out the
Redevelopment Plan.
-12-
• ••/f1
The Aqency is authorized to advise,
encourage, and, with the consent of the owner, assist in the
rehabilitation of property.in the Project Area not owned by the
Agency. The Agency is also authorized to rehabilitate or to
cause to be rehabilitated buildings or structures.
As necessary in carryinq out this Plan, the
Agency is authorized to move or to cause to be moved any standard
structure or building or any structure or buildinq which can be
rehabilitated to a location within or outside the Project Area.
• a• General
For the purposed of this Plan, the
Agency is authorized to sell, lease, exchange, subdivide, assign,
encumber or otherwise dispose of any interest in real property.
-1s-
SM14 it* AMALSO)
Except as permitted by law no real -.or personal property owned by
the Agency, or any interest therein, shall be sold or leased to a
private person from an amount less than its fair value for uses
in accordance with the Redevelopment Plan and the covenants and
controls recorded against the property by the Agency.
To the extent permitted by law, the
Agency is authorized to dispose of real property by lease or
sales by negotiation without public bidding.
All real property acquired by the Agency
in the Project Area shall be sold or leased to 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.
The Agency shall reserve such powers and
controls in the disposition and development documents as may be
I
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 by this Plan, to begin and complete development of the
property within a period of time which the Agency fixes as
-14-
BM14 AN AM.ILUI)
reasonable, and to comply with other conditions which the Agency
deems necessary to carry out the purposes of this Plan.
in the manner required and to the extent
permitted by law, before any property of the Agency acquired in
whole or in part, directly or indirectly, with tax increment
revenues is sold or leased for development pursuant to this Plan,
such sale, lease or other disposition shall first be approved by
the City Council after a public hearinq held in accordance with
the.applicable provisions of the Redevelopment Law.
Pursuant to the provisions of this
Plan and the rules adopted by the Agency, the Agency shall to the
greatest extent feasible offer real property acquired by the
Agency for disposition to and development by owner participants
on a preference basis.
• �• o
To provide adequate safeguards to
ensure that the provisions of this Plan will be carried out and
to prevent the recurrence of blight, all real property sold,
leased, or conveyed by the Agency, as well as all property
.013 -
U014 jtv AM.wLUI)
subject to participation agreements, is subject to the provisions
of this Plan.
Leases, deeds, contracts, agreements and
declarations of restrictions, may contain restrictions,
covenants, covenants running with the land, riqhts of reverter,
conditions subsequent, equitable servitudes, or any other
provision necessary to carry out this Plan.
All property in the Project Area is
hereby subject to the restriction that there shall be no
r
discrimination or segregation based 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 nondiscrimination and
nonsegregation clauses as are required by law including Section
33436 of the Redevelopment Law.
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eM14 jlw AMALS(l)
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
improvements either inside or outside► the project Area for itself
or for any public body or entity to the extent that such
improvement would be of benefit to the Project Area.
The Agency is authorized to financially
(and otherwise) assist any public entity in the cost of public
land, buildings, facilities, structures or other improvesents
(inside or outside the Project Area) the extent permitted by law.
During the period of development in the
Project Area, the Agency shall insure that all provision of this
Plan and other documents formulated pursuant to this Plan are
being observed, and that development of the Project Area is
proceeding in accordance with development documents and time
schedules.
All development must conform to this
Plan and all applicable federal, state and local laws, including
without limitations, the City's zoning, buildinq, environmental
-1'l-
IM14 jlr A2 AMI)
and other land use development standards; and must receive the
approval of all other appropriate public agencies.
. _ {a I WT • . .
For the purpose of the Plan, the Agency is
authorized to sell, lease, exchange, transfer, assign, pledge,
encumber, or otherwise dispose of personal property which is
acquired by the Agency.
• Y • _ f
M-7-MM
. ' ,97
The terms "affordable rent", "replacement
dwelling units", "persons and families of low or moderate incomelf
and "very low income households" as used herein shall have the
meanings as set forth in the Redevelopment Law and other State
and local laws and regulations pertaining thereto.
The Agency may, inside or outside the Project
Area, acquire land, donate land, improve sites, or construct or
rehabilitate structures in order to provide housing for persons
and families of low or moderate income. The Agency may also
SM14 jlw Alos.ku1)
provide subsidies to, or for the benefit of, such persons and
families or household to assist them in obtaining housing within
the City.
• *•
Whenever dwelling units housing persons and
families of low or moderate income are destroyed or removed from
the low and moderate income housinq market as part of the
Project, the Agency shall, within four years of such destruction
or removal, rehabilitate, develop or construct, or cause to be
rehabilitated, developed or constructed, for rental or sale of_
persons and families of low or moderate income and equal number
of replacement dwelling units at affordable rents within the
city.
Is
The Agency shall require, by contract or
other appropriate means, that whenever any low and moderate
income housinq units are developed within the Project Area, such
units shall be made available on a priority basis for rent or
purchase, whichever the case may be, to persons and families of
low and moderate income displaced by the Project; provided,
however, that failure to give such priority shall not affect the
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87MI4 jlr A20l.k:(t)
validity of title to the real property upon which such housing
units have been developed.
The Agency shall require that the aggregate
number of dwelling units rehabilitated, developed or constructed
pursuant to this Plan shall remain for persons and families of
low and less than the period set forth by the Redevelopment Law.
_I , C-TEFF.
If insufficient suitable housing units are
available in the City for use by persons and families of low and
moderate income displaced by the Project, the Agency may, to the
extent of that deficiency, direct or cause the development,
rehabilitation or construction of housing units within the City,
both inside and outside of the Project Area.
��. . • t M ,t • - -
The Agency shall not remove residential
dwelling units from the low and moderate income housing market
without the consent of the owner. If the owner consents to such
removal, the Agency shall, within four years of such removal,
cause to be rehabilitated, developed, or constructed for rental
or sale to persons and families of low or moderate income an
-20 -
87M14 jlr AM.kso)
S
equal number of replacement dwelling units at affordable housing
cost within the project Area or within the City.
V. USES PERMITTED IN THE PROJECT AREA
A. M W
Figure 1 illustrates the.location of the Project
Area boundaries. The diagrams set forth in Figure 2 illustrate
the location of the proposed land uses and street layout to be
permitted in the Project Area. The location of such proposed
land uses and streets and easements shall be consistent with t2Ti
Zoninq ordinance of the City, as amended from time to time.
All requirements of the City's Zoninq Code as it
now exists or is hereafter amended shall apply to residential
development hereunder.
C. Commercial
Commercial uses may be permitted in the Project
Area. Uses permitted in areas designated as commercial include
but are not limited to neighborhood commercial, highway
commercial, general commercial and supporting vehicle parking
-21
Gn314 jtv A2' ALS(1)
facilities. All requirements of the City's Zoning Code as it now
exists or as hereafter amended shall apply to commercial
development hereunder.
Move
Industrial uses may be permitted in the Project
Area. Uses permitted in areas designated as industrial include,
but are not limited to industrial park and manufacturing. All
requirement of the City's Zoning Code as it now.exists or as
hereafter amended shall apply to industrial uses hereunder.
E. Public Uses
The public street system in the Project Area
shall be developed in accordance with the Zoning Ordinance of the
City, as amended from time to time. The major streets located in
the Project Area are shown on the Redevelopment Plan Map.
Streets and alleys may be widened, altered,
abandoned, or closed as necessary for proper development of the
Project.
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8701A jlr A20S.WLf(1)
It is contemplated that the Agency will
construct* or aid in the construction of, certain streets
designated in the Plan which are not now constructed or which may
require further widening or improvement.
The public riqhts-of-way may be used for
vehicular and pedestrian traffic, as well as for public
improvements, public and private utilities, and activities
typically found in public rights -of -way. In addition, all
necessary easements for public uses, public facilities, and
public utilities may be retained dr erected.
Parkinq, open space, public and semi-public
uses may be interspersed with other uses in any area.
In any area the Aqency is authorized to permit the
maintenance, establishment or enlargement of public, semi-
public, institutional or nonprofit uses, including park and
recreational facilities parking facilities, libraries,
educational, fraternal, employee, philanthropic, religious and
charitable institutions, utilities, multi -modal transit
-23-
870314 jtr A209.k%S0 )
facilities, and facilities of other similar purposes,
association* or organizations. All such uses shall conform so
far as possible to the provisions of this Plan applicable to the
uses in the specific area involved. The Agency may impose such
other reasonable restrictions as are necessary to protect the
development and uses in the Project Area.
All real property in the Project Area is hereby
made subject to the controls and requirements of this Plan. No
real property'shall be developed, rehabilitated or otherwise =
changed after the date of the adoption of this Plan, except in
accordance with provisions of this Plan.
-• tiM44r.r.
Except as otherwise permitted or required by
the Agency, all new construction shall comply with all applicable
State and local laws in effect from time to time, including
without limitation the Building, Electrical, Heating and
ventilating, Housing and Plumbing Codes of the City and the City
Zoning Code.
off-street parking spaces and loading
facilities shall be designated to comply with the City's Zoning
-24-
3M14 jlr AM.ii2(1)
ordinance, as amended from. time to time. The number of off-
street paskinq spaces required shall be regulated by the city's
Zoning Ordinance, as amended from time to time. All off-street
parking spaces and loading areas shall be paved and lighted in
accordance with the City's Zoning ordinance, as amended from time'
to time.
Subject to the requirements of the city -
Zoning Code, as amended from time to time, existinq'nonconforminq
uses may remain in an existing buildinq, provided that such use
is generally compatible with the developments and uses in the
Project Area.
The agency may, but shall not be required to
authorize additions, alterations, repairs or other improvements
in the Project Area for uses which do not conform to the
provisions of this Plan where such improvements are within a
portion of the Project where, in the determination of the Agency,
such improvements would be compatible as interim uses with
surroundinq uses and development.
-25-
SM14 jlr AM.WLUI)
Any existing structure within the Project
Area which the Agency shall approve for retention and
rehabilitation shall be repaired, altered, reconstructed, or
rehabilitated in such manner that it will be sate and sound in
all physical respects and be attractive in appearance and not
detrimental to the surrounding areas. Property rehabilitation
standards for rehabilitation of existing building and *its
improvements may be established by the Agency.
The number of buildings in the Project Area
may be regulated by the Agency, consistent with the General Plan
of the City, and the City zoning code, as amended from time to
time.
The approximate amount of open space 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 all other outdoor areas not permitted
through limits on land covered by this Plan to be covered by
buildings.
-26-
$7103tA jlr AM.i&so)
' I
6. Limitations and uei{i-
Land coverage by structures in the Project
Area shall not exceed the land coverage permitted by the City's
Zoning ordinance, as amended from time to time.
The limitation on the type, size, height,
number and proposed use of buildings in the Project Area shall be
determined by the City Zoning code and other applicable Federal,
state and local laws, rules and regulations, all as the same may
be amended from time to time.
The property to be devoted to public purposes
in the Project area includes all public streets and rights -of -way
which may be used for vehicular or pedestrian traffic, public
parks, and all other public improvements, and public and private
utilities typically found in public rights -of -way.
UMMMLOrii4v p, . [r�
In all areas sufficient space shall be
maintained tween buildings to provide adequate light, air and
privacy.
SM14 jlv A2 YLs(1)
8 • Aim
All signs shall be subject to the provisions
Of the City Municipal Code, as amended from time to time.
9. UtilitiaLavout
The Agency shall require that all utilities
be placed underground when physically and economically fusible.
The major traffic arteries through the
Project Area include the proposed extensions of Portola Avenue
and Cook Street, with a proposed Cook Street connection at
Interstate 10. Both Portola Avenue and Cook Street run north and
south. On the western border of the Project Area, running north
and south, is Monterey Avenue. Monterey Avenue connects with
Interstate 10 to the north and becomes Highway 74 to the south.
Highway 74 is a major state highway linking Palm Desert and
surrounding communities with the San Bernardino National Forest
mountain communities and the San Diego area. Running east to
west, at the southern section of the Project Area, is Country
Club Drive. Country Club Drive provides an alternate route for
Highway 111 travel to the communities of Rancho Mirage to the
west and the unincorporated area of Bermuda Dunes to the east.
Frank Sinatra Drive, at the northern section of the proposed
Project Area, is concurrently in the planning state and will also
-2-8-
87014 jlu AZM.WLU1)
run troy east to vast providing a major travel artery for the
Project Arse- The proposed redevelopment project will not affect
the layout or purpose of any strets or highways.
No use, or structure which by mason 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.
-.• •� .-. .-o
There shall be no discrimination or
segregation based upon race, color, creed, sex, marital status,
religion, national origin, or ancestry permitted in the sale,
lease, sublease, transfer, use, occupancy, tenure, or enjoyment
of property in the Project Area.
1
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:
-29 -
aMu ;1w AMA&Stt)
(1) The application of certain provisions of
the Plan would result in practical difficulties or unnecessary
hardships inconsistent with the general purpose and intent of
this Plan.
(2) There are exceptional circumstances or
conditions applicable to the property 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 improvements in the area.
(4) Permittinq a variation will not be
contrary to the objectives of the Plan, of the General Plan of
the City, or the City Zoning Code, as amended from time to time.
In permitting any such variation, the Agency
shall impose such conditions as are necessary to protect the
public health, safety, and welfare, and to assure compliance with
the puxTase of the Plan. Any variation permitted by the Agency
hereunder shall not supersede any other approval required under
City codes and ordinances.
-30 -
GM14 j lr A20SALS(1)
All development within the Project Area shall
be consistent with the City Zoning Code, as amended from time to
time.
g. Damian for Qovelona=
within the limits, restrictions, and controls
established in the Plan, the Agency is authorized to establish
traffic circulation, traffic access, and other development i
controls necessary for proper development of both private and
public areas within the Project Area. -
Nov improvements in this area shall be reviewed in
accordance with all of the then applicable zoning, buildinq,
planning and environmental ordinances, rules, regulations and
requirements of the City. The Agency's review and approval of
development within the Project Area shall be undertaken in
accordance with guidelines and procedures adopted from time to
time by the Agency.
-31-
870 14 j l r AiOl. iLI(t )
I. Building Permits
No permit shall be issued from the construction of
any new building or for any construction on an existing building
in the Project Area from the date of adoption of this plan until
the application for such permit has been processed and, in the
case of property which is the subject of a disposition and
development or participation agreement with the Agency and any
other property in the discertion of the agency, unless and until
the application for such permit has been approved by the Agency in
accordance with such procedures as may be established by the City.
Any such permit that is issued must be in conformance with the
provisions of the plan.
VI. METHODS FOR FINANCING THE PROJECT
Methods
A. General Description of the Proposed Financing
The Agency is authorized to finance the Project
with property tax increment revenues, sales tax increment revenues
interest income; Agency bonds, loans from private institutions,
proceeds from the sale or lease of property, financial assistance
from the City, County, State of California, Federal Government, or
any other public agency, or any other legally available source.
Whenever practicable under then current market conditions the
Agency shall first consider short term bond redemption schedules.
32
The City may, in accordance with the law, make
advances and expend money as necessary to assist the Agency in
carrying out this project. Such assistance shall be on terms
established by an agreement between the City and the Agency. When
ever economically feasible under then current market conditions
the agency shall require the use of alternative sources fo funding
such as assessment districts, developers fees, gasoline taxes,
State funding for schools, etc.
As.available, gas tax funds from th• State of
California and the county will be used for the street system. As
available, federal loans and grants will be used to finanse
portions of Project costs.
The Agency is authorized to issue bonds if
appropriate and feasible in an amount sufficient to finance all
or any part of the Project.
The Agency is authorized to obtain -advances,
borrow funds and create indebtedness in carrying out this Plan.
The principal and interest on such advances, funds, and
indebtedness may be paid from tax increment or any other funds
available to the Agency.
B. Property Tax Increment Revenues
All taxes levied upon taxable property within the
Project Area each year by or
for the
benefit of
the State of
California, County of Riverside,
City of
Palm Desert,
any
33
district, or other public corporation (hereinafter sometimes
called "taxinq agencies") attar the effective date of the
ordinance approving this Redevelopment Plan shall be divided as
follows:
1. 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 Redevelopment
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 for
the respective taxing agencies as taxes by or for said taxing
agencies on all other property all paid (for the purpose of
allocating taxes levied by or for any taxing agency or agencies
which did not include 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 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 date); and
2. That portion of the 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
-34.0
8n0314 jlw AM.WLS(I)
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 equalized assessment roll referred to above,
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
money thereafter received front taxes upon the taxable property 3n
the Project shall be paid into the funds of the respective taxing
agencies as taxes on all other property are paid.
3. That portion of tax revenues allocated to the
Agency pursuant to paragraph (2) above which is attributable to
increases in the rate of tax imposed for the benefit of any
affected taxing agency which levy occurs after the tax year in
which the ordinance adopting this Plan becomes effective, shall
be allocated to such affected taxing agency to the extent the
affected taxing agency has elected in the manner required by law
to receive such allocation.
Any advanced money is hereby irrevocably pledged
for the payment of the principal of and interest on the advance
-35 -
870314 jtr AM.1Ll(1)
of moneys, or making of loans, o.r the incurring of any
indebtedness (whether funded, refunded, assumed, or otherwise) by
the Agency to finance or refinance the Project in whole or in
part.
The Agency is authorized to make such pledges as to
specific advances, loans and indebtedness as appropriate in
carrying out the Project.
The number of dollars of taxes which may be divided
and allocated to the Agency pursuant to California Health and
Safety Code Section 33670 shall not exceed Eight Hundred
Million Dollars ($800,000,000), expressed in 1987 dollars and
adjusted annually thereafter in accordance with changes in the
Consumer Price Index for the nearest area to the Project Area, as
maintained by the Bureau of Labor Statistics, United States
Department of Labor.
No loan, advance or indebtedness to be repaid from
such allocation from taxes established or incurred by the Agency
to finance in whole or in part the Redevelopment Project shall be
established or incurred by the Agency to finance in whole or in
part the Redevelopment Project shall be established or incurred
after forty (40) years following the date of adoption of the
ordinance approving and adopting this Redevelopment Plan. Such
loan, advance or indebtedness may be repaid over a period of time
-3 6-
i
I
longs= than such time limit. Such time limitation may be extended
only by o! this Redevelopment Plan.
The amount of bonded indebtedness, to be repaid, in
whole or in part from such allocation of taxes, which can be
outstanding at one time shall not exceed One Hundred Fifty
Million Dollars ($150,000,000), expressed in 1987 dollars and
adjusted annually thereafter in accordance with changes in the
Consumer Price Index for the nearest area to the Project Area, as
maintained by the Bureau of Labor Statistics, United states
Department of Labor.
t
C. Other Loans and Grants
Any other loans, grants, guarantees or financial
assistance from the Unites States or any other public or private
source will be utilized if available as appropriate in carrying
out the Project.
VIZ. ACTIONS BY THS CITY
A. Proceedings Undertaken by the City
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 the purposes of this Plan and
to prevent the recurrence or spread in the area of conditions
-- 3 ( -
causinq blight. Action by the City shall include, but not be
limited.to, (i) 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 riqhts-of-way in the Project Area. Such action by
the City shall include the requirements of abandonment and
relocation by the public utility companies of their operations in
public riqhts-of-way as appropriate to carry out this Plans
(ii) institution and completion of proceedings necessary for
changes and improvement in publicly -owned public utilities within
or.affectinq the Project Area; (iii) revision of zoning withia
the Project Area to permit the land uses and development
authorized by this Plan; (iv) performance of the above, and of
all other functions and services relating to public health,
safety, and physical development normally rendered in accordance
witha schedule with will permit the redevelopment of the Project
Area to.be commended and carried to completion without
unnecessary delays; and (v) the undertaking and completing of any
other proceedings necessary to carry out the Project.
B. Safeauards
To provide adequate safeguards to ensure that the
provisions of this Redevelopment Plan will be carried out and to
prevent the recurrence of the conditions of blight in the Project
-3 g-
BM14 it* AM.1Lt(1)
Area, all real property sold, leased, or conveyed by the Aqency,
as veil as property subject to owner participation agrsements,
shall bt sods subject to the provisions of the Plan by leases,
deeds, contracts, agreements, declarations or restrictions, and
such real property shall be subject to provisions of the zoninq
ordinance of the City, conditional use permits, and other
Federal, state and local laws, rules and requlations, all as the
same may be amended from time to time. where appropriate, as
determined by the Aqency, such documents or portions thereof
shall be recorded in the office of the County Recorder at the
County of Riverside.
C. Retention of Controls
The Aqency or City Council may impose further
restrictions and controls on the land leased or sold by the
Aqency for such periods of time and under such conditions as
deemed necessary to effectuate the purposes of the law.
10
•F1 tvT PmK-TT-
The redevelopment of the Project Area shall be
carried out in accordance with any other covenants, conditions,
or restrictions as may be hereafter prescribed by the City
Council.
-• 39�
V=14 jlr AM.WLUI)
The City may expend all funds which may be
necessary or appropriate in connection with the redevelopment of
the Project Area.
VIII. ADMINISTRATION AND ENFORCEMENT OF THE PLAN
The administration and enforcement of this'Plan or
other documents implementinq this Plan shall be performed by the
Aqency.
The provision of this Plan or other documents entered
into pursuant to this Plan may also be enforced by court
litigation instituted by either the Aqency or the City. Such
remedies may include, but are not limited to, specific
performance, damages, re-entry, 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.
IX. DURATION OF THIS PLAN
Except for the nondiscrimination and nonsegregation
provision (which shall run in perpetuity), and the provisions of
-4 Q-
SM14 jlr A20lALS( 1)
APPENDIX A
LEGAL DESCRIPTION
SM14 j l r A20l.1 LSM
port VZ.B (which shall be effective so lonq as the Aqency has
debt the provisions of this Plan shall be effective
and the provisions of other documents formulated pursuant to this
Plan may be made effective for forty (40) years from the date of
adoption of this Plan by the City Council.
X. PROCLDM FOR AMZNDKZNT
This -Plan may be amended by aeans of the procedure
established by the Redevelops"t Law or by any other procedure
hereafter established by law.
-41-
SM14 AW AMALSM
PART y . UUJ . LcS���L1''ilorr
r
at tim =9 cm of Swell 4, Itmanhi3 Son Map 6 zwte,
Sas
ZlssaotMrdagWa1mg do IAa jim of sWa Section 4, a dlstanaa al. 52W fist; mom
or lsas, to do 1utlM8t as mm thsceoft
zlmm w steslrt� t 0 EVA& lira of Section 32, Tbwn M 4 South, Range 6 Est,
son a distance of 4500.51 fiat, == or lan, to the Sot eumt
ooaznac of said Section 32t
Thom Noctdaly 3333.36 feet the wmt lira of said Section 32 to the mo t bm st
cozaw t4esae0ft '
Zl� anawly 2W.20 f'seet aloehq the North line o! said Seed= 32 to this MGM gtsistw
cocas at do aaaRiA. &I= beIM the swstlsi m mess at tdee No sdh b gawow at
Seatiose 21V, lamddp 4 ftod. a 6 Est, Sir .
1lmoe Northerly 1470 feet aloaq the Wkwt line of the said *Wtheast quartow of ftedion
29, to the Souftmt aacn■sc of ftscal 3, as shown an Reeouod of 9tavey !tP an 91.20 ass
Book 40, Pop 69, Accords of Rivsside C=nW, !
Zlhsaae N 89033' 3Q" t, •a dittmm of 2631.80 fiat Al ahq the 9onlh Um of acid 9m al 30
to the iAthsseetdaeh with the Est lino of said Soutlaast qu tt w o! Smadom 29t
T heaoe Nwthatly alaw the prat line of Section 28, Tmuhip 4 Satoh, am" 6 East,
Sou Meridian, to th• Southerly nigh mof-wq line of 4m M I- - FadfiQ Aailroedt
Thence Southeasterly along said Southerly riot-af-ysy to the iabarsact ion Idt3s the
Fist line of the Sondamt quarter of Section 34, Tanship 4 South, Mange 6 cast=
MMOM Southerly alag the Eat Tina of the said Sa ftmst quarter of said Sectim 34
to the South quarter comes eta wf t
Thenm westerly along the North lino of Section 3, Tcw whip 5 South, Pangs 6 Est,
San Bessesdisn Meridian, a distance of 128.55 fiat, more or less, to the Northwest
warner of Parcel 1, as shown an Map filed in Dock 54 of Aeoard of Surveys at Page 36;
Thence Smabarly along the west line of said Parvel 1, a distance of 5314.10 feat to
the South st c=rAr thersof t
Thgnoe aoutinninq Southerly along last mentioned Line to a point 5 5 feet South of,
whom measured at right angles io, the North lira of Section 10, Tomship 5 South,
Range G. Fast, an Meridian;
Itmn oe westarly paiallal with and 55 feet Southerly of said North line of Section 10,
a distanas of 3266.15 fast, mos or less, to a point lying 53 feet Fasterly of, whsa
asesta0d at right anglm to, the East line of Section 9, Zt immship 5 South, Range 6 East,
Theme Scut hecly parallel with and 55 feet Easterly of, whath memur ed at right wglm
to, the Est lion of said Section 9, a distmm of 3981.96 fast, more cat lass, to a
point an the Easterly pa<o1r 91-a L' ah of the South right cf-way lino for HmUy Liner
PART 9. LEGAL DESCRIPTION
,Ihwm= WMWWly MI said scuff lirAv a distum of 3415 fu*, mots ac
Lai to a poift
Met lies o: 8 'ibw�hip�S SOtith� ft m 6 East, San �t and
pa=UAL to the
MuIAIant
'amm Noctbwly along said Mist sight-of"my Lime a distanoa of 1368.90 fist, to a
paint on the csatW ssctian line of said Section 8s
Z hwm BNMCly MI said Aabw section line and the center section line of said
Section 9, a distance of 1377.06 lest, more or Les, to the Southwest oarnet of the
East halt of the Nordweet quwtmc of said Section 91
Ness Noae!l=Ly almy the list line at said nrt halt of the Noa:tlawest *wtw, a
distance at, 2597.22 fast, sots sae Las, to a point as the South si¢�t�a�-�+ay line of
Oasitsy Club Criss, being SS . fast Southerly oft whoa measured at riot =91 es to, the
North line of said Section 9:
Mm m Wbot wly alaeaq said South right-of-"W lire, a distw= of 1326.77 fast, moan
sae Lase, to a point an the Nit line of Section 91
Thence Noacthwly along said tit; fins of Section 9, a distance of SS test, niore sac Lam,
to the POIIC Cr B DM NM.
i�
Mis Parcel contains 3;120 acres, m- or less.
APPENDIX B
LIST OF PUBLIC IMPROVEMENTS AND PROJECTS
87%17 jlw A2MS.kS(2)
E5,r i M A *1* E 1.- k P --,j E t. T
W A Y
m V a I P, r w.3 v t) n r o_- v i2 r_.j -: r
M,)nterev Ave Wn , k ew..)rer. i.hanne i c :, i - i i)
j Po r r o I' a A v "- . - (i e r a I F .:i r 0 fj r .. t t;, I - j tj
4 Counlcry Ciuo Ur. - Monterey to' Wa,,Iiinuron
Sr . inn itewater fri.:Innel tt,) j-1i)
t.. . r jnk *-.) i riatrcs Ur . Mid V..j I iev Yiewy
nerdid Foru ICO , .5 1:Q UP! 5arar i Ur.
u . bk I OuE �j
I M(-.)n'7 er ev Ave. .31: Wh i ir ewar er Cnann-- i
i a Ave. ar Wri i t ewd i. er Clianrls!, i
1.(Dok _*, 1: r o3e!7 jl.' wn i t rw.3r .-r ,narnne
UjE tiA I uNA L i Mr,bio V E ML N
I wj r .3a i n Q s i gn a 1 -5 . w n q a ns:j 1 n t r -
r,:Pnf)ect ! .If)
r i v Over s . a r -) u r: i Lp r i:i i'i r Q r,
1 A 1 EwCrtANtjE
1. Monterey Avenue and 1-ju
nj ri •-;, i) t., r v i n
;'C) r t ri I -a A v enij sj- <j ns3
L t ja T I .,N
L-I*VP. iociment .,t lj! 3 ri j :urn
Lev? -7,0M r -,1" 1✓r
r. I I k i n q c i! i r
,,PA i NAuE
A North j 0 L) f* -zf I r 1 -.1 'A 01
U . M10 V 3 1
N.) r r P, r .:J IC V I Idc: cf,
1%
. Nuisance water Mitiostion Prow sw
SEWEa ANO MATED
A. Sortn of Councry Cluo Drive
PUBLIC FACIi_I IAES
A. i_iorary Facility
tmoiovm4nt iraininu Center
�:.. Ivic Pji:1I is FdcI i i t v Imorovements
D. Public ScnooI Faciiities (T,.) be provided
by Scr000 I U i str i ct =
ANC# ACOU 151 T I ON
11. ;freer. .
0. Per.neatiOn _
�:. Gr3 i nage
?. ieKer and water .
E. Pijol is Faci 1 ities
• u�„ER
A. Soil Stabilization
d. unnergroundinc Utii+ties
4: , Tamarisk Removal
Ir
MOYGANGS op ROtT
IN
I "
i .7WA!T�:
i �r•'�
I j
OAAWN i
REDEVELOPMENT PROJECT AREA NO. Z
CITY of PALM 068INT
GOALS:
As SHOW