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Home My WebLink AboutORD 629ORDINANCE NO. 629 AN ORDINANCE OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING AND ADOPTING AN AMENDMENT TO THE REDEVELOPMENT PLAN, AS AMENDED, FOR PROJECT AREA NO. 1, AS AMENDED, OF THE PALM DESERT REDEVELOPMENT AGENCY THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, DOES ORDAIN AS FOLLOWS: Section I. The Palm Desert Redevelopment Agency has recommended the amendment of the Redevelopment Plan, As Amended (the "Redevelopment Plan") for Project Area No. 1, As Amended (the "Project Area") by the City Council by ordinance in accordance with proposed Amendment No. 7 to the Redevelopment Plan, attached hereto ("Amendment No. 7). Section 2. Amendment No. 7 attached hereto is hereby incorporated by this reference. Section 3. As established in the Redevelopment Plan, the purposes and intent of the City Council with respect to the Project Area are to eliminate the conditions of blight existing in the Project Area and to prevent their reoccurrence by under- taking all appropriate redevelopment projects pursuant to the Community Redevelopment Law, California Health and Safety Code Section 33000, At sec. (the "Community Redevelopment Law"). Section A. Based upon the record of the joint public hearing on Amendment No. 7 and the various reports and other information provided to the City Council in accordance with Health and Safety Code Sections 33352 and 33457.1, the City Council hereby makes the following findings and determinations as warranted by Amendment No. 7: A. The Redevelopment Plan, as amended by Amendment No. 7, would redevelop the Project Area in conformity with the Community Redevelopment Law, and in the interests of the public peace, health, safety and welfare. The implementation of the Redevelopment Plan, as amended by Amendment No. 7, will eliminate conditions of blight within the Project Area. The decision by the City Council in connection with the adoption of Ordinance No. 80, adopted on July 16, 1975 and Ordinance No. 275, adopted on November 25, 1981, is final and conclusive and after those dates it has been, is and shall be conclusively presumed that the Original Territory and the Added Territory, respectively, are blighted areas. The Redevelopment Plan, as amended by Amendment No. 7, provides for the installation and construction of public improvements. The Redevelopment Plan, as amended by Amendment No. 7, also provides for rehabilitation of public and private structures. These improvements are essential to encouraging private investment and eliminating the conditions of blight in the Project Area and preventing their reoccurrence. ORDINANCE V0. 5Z9 B. The Redevelopment Plan, as amended by Amendment No. 7, conforms to the General Plan of the City of Palm Desert as set forth in the findings of the Planning Commission in its Resolution No. 1475. The Redevelopment Plan, as amended by Amendment No. 7, proposes land uses and public improvements contemplated by the General Plan and the goals and objectives of such Plan. C. The carrying out of the Redevelopment Plan, as amended by Amendment No. 7, would promote the public peace, health, safety and welfare of the City of Palm Desert and would effectuate the purposes and policy of the Community Redevelopment Law. The implementation of the Redevelopment Plan, as amended by Amendment No. 7, will eliminate conditions of blight within the Project Area. Redevelopment will correct underutilization of parcels, nonconforming land uses and incompatible land uses. The Redevelopment Plan, as amended by Amendment No. 7, provides for the installation and construction of public improvements. The Redevelopment Plan, as amended by Amendment No. 7, also provides for the rehabilitation of public and private structures. D. Although it is not anticipated that it will be necessary to relocate any families and persons as the result of implementation of the Redevelopment Plan, as amended by Amendment No. 7, the Agency has a feasible method or plan for the relocation of families and persons 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. E. Although it is not anticipated that it will be necessary to relocate any families and persons as the result of implementation of the Redevelopment Plan, as amended by Amendment No. 7, there are, or are being provided, in the Project Area or in other areas not generally less desirable in regard to public utilities and public and commercial facilities and at rents or prices within the financial means of the families and persons, if any, 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. Section 5. Although it is not anticipated that it will be necessary to relocate any persons or families as a result of the implementation of the Redevelopment Plan, as amended by Amendment No. 7, based upon the record of the joint public hearing held on Amendment No. 7 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 occupants of the Project Area may be displaced and that pending the development of such facilities, there will be available to such occupants who may be -2- 901223 rdt C255.RDN (a) o?,OI'1,k4cE NO. 629 displaced adequate temporary housing facilities at rents comparable to those in the City of Palm Desert at the time of their displacement. Section 6. Amendment No. 7 is hereby approved and adopted as and is hereby designated as an official amendment to the Redevelopment Plan. Section 7. The Redevelopment Plan, as amended by Amendment No. 7, is hereby approved and adopted and is hereby designated and shall constitute the Official Redevelopment Plan, As Amended, for Project Area No. 1, As Amended. Section I. Ordinance No. 80, as amended by Ordinance No. 157, as amended by Ordinance No. 166, as amended by Ordinance No. 275, as amended by Ordinance No. 324, as amended by Ordinance No. 397, as amended by Ordinance No. 589, as amended by Ordinance No. 628, is hereby further amended to include all of the provisions hereof and to revise the Redevelopment Plan in accordance with Amendment No. 7. Section 9. 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 com- petent jurisdiction, such decision shall not affect the validity of the remaining portions of the Ordinance. The City Council hereby declares that it would have passed this Ordinance and each section, subsection, sentence, clause and phrase thereof, irre- spective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional. PASSED, APPROVED AND ADOPTED this24th day of January, 1991 by the following vote, to wit: AYES: BENSON, CRITES, KELLY, SNYDER NOES: NONL ABSENT: WILSON ABSTAIN: NONE -3- 901223 rdh C255.RDM (8) ORDINANCE NO. 529 SEVENTH AMENDMENT TO THE REDEVELOPMENT PLAN, AS AMENDED, FOR PROJECT AREA N0. 1, AS AMENDED Ar OF THE PALM DESERT REDEVELOPMENT AGENCY - A— 1 .1 -%,- I V ar . / J . J L. ;P Secti I. The following terms .,all have the following meanings in this Seventh Amendment unless the context requires otherwise: "Agency" means the Palm Desert Redevelopment Agency. "City" means the City of Palm Desert, California. "Project Area" means the territory included within the original boundaries of Project Area No. 1 of the Agency, as set forth in the Redevelopment Plan approved and adopted by ordinance No. SO of the City. "Redevelopment Plan" means the Redevelopment Plan for the Project Area. "Second Amendment" means the Second Amendment to the Redevelopment Plan, approved and adopted by Ordinance No. 275 of the City. "Territory Added to the Project Area" means the territory added to the Project Area pursuant to the Second Amendment. Section 2. Section 32 is hereby added to the Redevelopment Plan, As Amended, to read as follows: "32. LAND USES AND PROPOSED LWD USES If any land use or proposed land use: within the Project Area conforms to the General Plan or Zoninq Ordinance of the City of Palm Desert, as amended from time to time, then such land use or proposed land use shall be deemed to comply with any and all land use restrictions contained in this Redevelopment Plan, and any prior amendment hereof, notwithstandinq any provision, map, figure or diagram contained in this Redevelopment Plan, or any prior amendment hereof, to the contrary." Section 3. Section 33 is hereby added to the Second Amendment to read as follows: If any land use or proposed land use within the Territory Added to the Project Area conforms to the General Plan or Zoning Ordinance of the City of Palm Desert, as amended from time to time, then such land use or proposed land use shall be deemed to comply with any and all land use restrictions contained in this Second Amendment, and any prior amendment hereof, notwithstanding any provision, map, figure or diagram contained in this Second Amendment, or any prior amendment hereof, to the contrary." 9WIS .;n 1670216 (2)