Loading...
HomeMy WebLinkAboutORD 652ORDINANCE N0. 652 AN ORDINANCE OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING AND ADOPTING A REDEVELOPMENT PLAN FOR PROJECT AREA NO. 3 OF THE PALM DESERT REDEVELOPMENT AGENCY THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, DOES ORDAIN AS FOLLOWS: Section 1. The Palm Desert Redevelopment Agency has recommended the approval and adoption of the Redevelopment Plan (the "Redevelopment Plan") for Project Area No. 3 (the "Project Area" of the Agency by the City Council. Section 2. The Redevelopment Plan for the Project Area, entitled "Redevelopment Plan for the Project Area No. 3 of the Palm Desert Redevelopment Agency" dated June, 1991, which is on file in the office of the City Clerk, 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 undertaking all appropriate redevelopment projects pursuant to the Community Redevelopment Law, California Health and Safety Code, Section 33000, et sue. (the "Community Redevelopment Law"). Section 4. Based upon the record of the joint public hearing on the Redevelopment Plan for the Project Area and the various reports and other information provided to the City Council in accordance with Health and Safety Code Section 33352, the City Council hereby makes the following findings and determinations: A. The Project Area is a blighted area, the redevelopment of which is necessary to effectuate the public Purposes declared in the Community Redevelopment Law. The Project Area is characterized by the existence of buildings and structures, used or intended to be used for living, commercial, industrial or other purposes, or any combination of such uses, which are unfit or unsafe to occupy for such purposes and are conducive to ill health, transmission of disease, infant mortality, juvenile delinquency and crime. In addition, the Project Area is characterized by properties which suffer from economic dislocation, deterioration, and disuse because of the conditions set forth in Section 33032 of the Community Redevelopment Law which cause a reduction of or lack of, proper utilization of the Project Area to such an extent that it constitutes a serious physical, social or economic burden on the City which cannot reasonably be expected to be reversed or alleviated by private enterprise acting alone. The conditions of ORDINANCE NO. 652 blight in the Project Area include, but are not limited to, the following described conditions: The Project Area 1s characterized by aging and deteriorated housing. Numerous residential structures within the Project Area show signs of age, obsolescence, deterioration and dilapidation. Absentee ownership is prevalent throughout the Project Area and contributes to these conditions. The sale price of homes in the Project Area is considerably less than the rest of the City. The instances of the conversion of garages, trailers and camper shells to residential uses is unsanitary, unsafe and conducive to ill health. The large majority of households within the Project Area are of low and moderate income. The Project Area contains numerous structures which exhibit defective design and character of physical construction. Many structures throughout the Project Area are outmoded and reflect design characteristics that are no longer compatible with contemporary uses. Numerous structures exhibit worn and weathered facades and foundations, peeling paint and inadequate maintenance. The Project Area is characterized by industrial buildings constructed with sheet metal outer walls and industrial buildings which lack proper storage areas for hazardous materials and waste. Numerous buildings within the Project Area do not meet modern code standards. Properties which demonstrate conditions of faulty interior arrangement and exterior spacing are prevalent throughout the Project Area. Numerous parcels are characterized by excessive lot coverage, lack of or inadequate off-street parking and loading docks and overall poor site planning. Lack of or insufficient indoor storage leads to dangerous stockpiles located outdoors which also exacerbate an adverse parking situation. The majority of parcels in the industrial/business parks within the Project Area have no access to adjoining parcels, creating the need to utilize surface streets to access adjoining businesses. This has led to site circulation problems. The Project Area is characterized by the existence of inadequate public improvements and facilities, open spaces and utilities which cannot be remedied by private or governmental action without redevelopment. Limited or nonexistent public infrastructure improvements adversely impact much of the Project Area. There are no sewers in the older residential area and residents rely on antiquated septic tank systems which pose health and safety risks. Utilities need to be underground to minimize service interruptions and improve service. Inadequate drainage improvements cause uncontrolled runoff and standing ORDINANCE NO. 652 water which creates breeding area for mosquitoes, thereby adversely impacting the health of the Project Area residents. During heavy rains, Cook Street at the Whitewater Channel is flooded, creating traffic congestion and health and safety Problems. The lack of curbs and gutters in the residential area west of Cook Street also causes drainage problems. A storm drain main along Cook Street and other storm drain improvements are needed. Water pressure and flow to the Project Area must be increased to improve fire safety. There are numerous haphazardly and inconsistently designed streets in the Project Area. In the residential area, the streets lack curbs, gutters and sidewalks. Limited access to the Project Area causes congestion on Cook Street, the major north -south arterial traversing the Project Area. This also leads to increased response time for fire and rescue vehicles serving the Project Area, thereby adversely impacting the health, safety and welfare of Project Area residents. The lack of signalized intersections along Cook Street leads to further congestion, inefficient traffic patterns and higher instances of traffic accidents. There is the need to provide additional east/west access to the Project Area and an additional north - south arterial through the Project Area to remedy the unsafe conditions and the resulting traffic circulation problems. Public recreational facilities are lacking within the Project Area. The only available recreational facilities are Inaccessible to the majority of the Project Area residents. There is the need to provide a park and a library for Project Area residents. In addition, other community facilities are inadequate. For example, there is the need for a sheriff station and City corporation yard to better serve the needs of the Project Area. B. The Redevelopment Plan 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 will eliminate conditions of blight within the Project Area and prevent their reoccurrence. The Redevelopment Plan provides for the installation and construction of public improvements. The Redevelopment Plan 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. 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 3 ORDINANCE NO. 652 Redevelopment Agency from the Project Area will be sufficient to pay for the principal of and interest on the bonds or other obligations issued by the Agency to finance its redevelopment activities in the Project Area. In addition, there are available to the Agency other methods of financing its redevelopment activities, including but not limited to bonds issued pursuant to Health and Safety Code Section 33750 or Section 33641(d). The Agency may receive financial assistance from the County of Riverside, State of California, federal government, and any other public agency. As available, other funds also may be used to pay the costs of the Agency's redevelopment activities, including but not limited to 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 No. 1514. The Redevelopment Plan proposes land uses and public improvements contemplated by the General Plan and the goals and objectives of such Plan. 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 policy of the Community Redevelopment law. The implementation of the Redevelopment Plan will eliminate conditions of blight within the Project Area. Redevelopment will correct infrastructure and traffic circulation deficiencies, underutilization of parcels, and defective design of structures. The Redevelopment Plan provides for the installation and construction of public improvements. The Redevelopment Plan also provides for the rehabilitation of public and private structures. The improvement of the traffic circulation, sewage and drainage systems will correct the existing deficiencies and meet the needs of the Project Area. Under the Redevelopment Plan, recreational and open space opportunities in the Project Area 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 acquired as provided by law. The completion of the proposed public improvements may involve real property acquisition. No real property will be condemned without the payment of compensation required by law. Further, adequate moneys will be budgeted by the Agency for the acquisition of real property required by the implementation of the Redevelopment Plan. G. Although the Agency intends to accomplish all redevelopment pursuant to the Redevelopment Plan with as little displacement of families and persons as possible, the Agency has 4 ORDINANCE No. 652 a feasible method or plan for the relocation of fami 1 i es 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. The Agency has adopted a method of relocation for the Project Area which Incorporates the California Relocation Assistance and Real Property Acquisition Guidelines. H. If any displacement occurs as the result of implementation of the Redevelopment Plan, 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. I. Inclusion within 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 not included for the purpose of obtaining the allocation of tax increment revenues from such area pursuant to Health and Safety Code Section 33670 without other substantial justification for its inclusion. Any such lands, buildings or improvements 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. J. The elimination of blight and the redevelopment of the Project Area could not reasonably be expected to be accomplished by private enterprise acting alone without the aid and assistance of the Agency. Substantial public improvements must be constructed to assist In the elimination of conditions of blight in the Project Area. The extent of the required public improvements cannot be accomplished by private enterprise acting alone. The detrimental condition of inadequate infrastructure greatly impedes the Project Area's proper utilization and its ability to develop and address conditions of blight. The combined effects of the conditions of blight in the Project Area, such as the substantial percentage of deficient buildings, inadequate infrastructure and the lack of private resources of the Palm Desert residents all contribute to the conclusion that conditions of blight will not be eliminated in the Project Area by private enterprise acting alone. 61 ORDINANCE NO. 652 K. Based upon the record of the joint public hearing on the Redevelopment Plan and the various reports and other information provided to the City Council, and the consultations of the Staff of the Agency with the 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. Only a minuscule portion of the revenues of the affected taxing agencies are attributable to property tax revenues to be derived from the increment of assessed valuation above the base year. The current assessed value of the property in the Project Area is $152,824,265. The current assessed value of the taxable property in the County of Riverside is in excess of $58 billion. The current assessed value of the taxable property in the County Free Library District is in excess of $37 billion. The current assessed value of the taxable property in the County Structure Fire District is in excess of $28 billion. The current assessed value of taxable property in the College of the Desert Community College is in excess of $18 billion. The current assessed value of the taxable property in the Coachella Valley Water District is In excess of $13 billion. The current assessed value of the taxable property in the Coachella Valley Resource Conservation District is in excess of $3 billion. The current assessed value of the taxable property in the Coachella Valley Recreation and Parks District is in excess of $9 billion. The current assessed value of the taxable property in the Coachella Valley Mosquito Abatement District is in excess of $18 billion. The current assessed value of the taxable property in the Riverside County Office of Education is in excess of $103 billion. The current assessed value of the taxable property in the Coachella Valley Cemetery District is In excess of $9 billion. The current assessed value of the taxable property In the Desert Sands Unified School District is in excess of $8 billion. The current assessed value of the taxable property in the Desert Hospital is in excess of $11 billion. Therefore, the assessed value of the Project Area, and particularly the assessed value of the increment of the taxable property above the base year, is an insignificant portion of the assessed value of the taxable property within the territorial limits of the respective taxing agencies. In addition, school districts are reimbursed dollar for dollar under State law for property tax revenues allocated to a redevelopment agency. The Agency Is authorized by the Community Redevelopment Law to pay to any taxing agency any amounts of money which the Agency has found are necessary and appropriate to alleviate financial burden or detriment upon presentation of substantial evidence of such financial burden or detriment by the taxing agencies. The staff of the Agency has consulted with each of the affected taxing agencies and has offered an annual payment of tax revenues In accordance with R ORDINANCE NO. 652 Health and Safety Code Section 33401(b) which will alleviate any such financial burden or detriment. Section 5. 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 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 displaced adequate temporary housing facilities at rents compa rab I e to those i n the City of Palm Desert at the time of their displacement. Section 6. The Redevelopment Plan is hereby approved and adopted and is hereby designated and shall constitute the official Redevelopment Plan for Project Area No. 3. Section 7. If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be i nva 1 i d or unconstitutional by the decision of any court of competent 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, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional. PASSED, APPROVED AND ADOPTED this 17th day of July , 1991 by the following vote, to wit: AYES : BENSON, KELLY, TMSON, SIMEt NOES: MNE ABSENT: C=S ABSTAIN: NONE XTTEST: - Sheila R. Gilligan, Cl i: Clerk 7 Mayor