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HomeMy WebLinkAboutORD 724ORDINANCE NO. 724 AN ORDINANCE OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING AND ADOPTING A REDEVELOPMENT PLAN FOR PROJECT AREA NO. 4 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 (the "Agency") has recommended the approval and adoption of the Redevelopment Plan (the "Redevelopment Plan") for Project Area No. 4 (the "Project Area") of the Agency by the City Council. Section 2. The Redevelopment Plan for the Project Area entitled "Redevelopment Plan for the Palm Desert Redevelopment Agency's Project Area No. 4" dated June 16, 1993, 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 accomplish the elimination of and the prevention of the reoccurrence of the conditions of blight existing in the Project Area by undertaking all appropriate redevelopment projects pursuant to the Community Redevelopment Law, California Health and Safety Code, Section 33000, et. secr. (the "Community Redevelopment Law") including, but not limited to, the correction of infrastructure and facilities deficiencies, the conservation, rehabilitation and redevelopment of the Project Area, the stimulation of investment by the private sector in the Project Area, and the provision of, improvement of or preservation of low and moderate income housing. 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 to such purposes and are conducive to ill health, transmission of disease, infant mortality, juvenile delinquency or crime because of any one or a combination of factors set forth in ORDINANCE NO. 724 Section 33031 of the Community Redevelopment Law. In addition, the Project Area is characterized by properties which suffer from economic dislocation, deterioration, or 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 blight in the Project Area include, but are not limited to, the following described conditions: The Project Area is characterized by properties suffering from age and physical obsolescence; many of the structures were built in the 1960's and reflect design characteristics no longer compatible with contemporary uses. In portions of the Project Area, development has occurred in a seemingly unrestricted and unplanned manner. Streets are unpaved and residential dwellings have been developed without regard to standard design and set -back requirements. Structures exhibit deteriorated facades and foundations, peeling paint and overall lack of maintenance, including overgrown and unkempt yards and cracked stucco. This neglect may be attributed, in part, to less than 40 percent of the residential units being owner -occupied. Numerous older multifamily dwelling units are of substandard size, are constructed of cinder blocks and show signs of age, obsolescence and deterioration. Residences in various portions of the Project Area lack consistent design on perimeter walls which were built to reduce noise emitted by heavy traffic on adjacent streets. Property owners have constructed their own variation of a permanent wall, from masonry and grouted block or wooden fence. Graffiti is present on some of the walls while other walls are badly damaged. Several garages or other structures, or portions thereof, have been converted to residential use. Each residence with a converted garage has a carport which adds to the excessive lot coverage on these parcels. Some parcels exhibit characteristics of overcrowding. 14.3 percent of the households in the Project Area have incomes below 50 percent of the County of Riverside median income. 455 of Project Area residents are no longer in the workforce and presumably are on fixed incomes. The largest age concentration in the Project Area is over 65, which results in a Project Area population that has limited financial resources to devote to property renovation and maintenance. Additionally, this age group often places higher demands on fire and police service. Public recreational facilities and open space are lacking within the Project Area. The only available recreational facilities are inaccessible to the majority of the Project Area residents. E ORDINANCE NO. 724 There are several key intersections in the Project Area that operate at an unacceptable level of service at either the morning or afternoon peak hours. A number of locations in and around the Project Area require new or upgraded traffic signals to improve traffic safety and eliminate traffic congestion. The traffic flow on the major arterials of the Project Area needs to be upgraded and improved. Congestion on these roads impedes access of emergency vehicles, increasing access time to Project Area residents. Major arterials in the Project Area seriously lack sufficient traffic control devices, which creates situations conducive to traffic accidents. The need exists to extend 42nd Avenue westward to meet E1 Dorado Road to increase access to the Project Area and to improve circulation and reduce traffic along Fred Waring and Country Club Drives. Necessary circulation improvements also include building medians along Country Club Drive, Washington Street and 42nd Avenue. Street widening and the installation of traffic signals are also required along the undeveloped sections of Washington Street, Country Club Drive, Fred Waring Drive and 42nd Avenue. Within the Palm Desert Country Club, almost all of the streets have deteriorated and need rehabilitation or reconstruction. All of these streets also require the construction of curbs and gutters. Currently all of the streets have rounded gutters which allow for the ponding of water, creating a hazard to the health, safety and welfare of residents in the area. The majority of these streets lack sufficient sidewalks for pedestrian use. Sidewalks are also lacking along 42nd Avenue, Washington Street, Fred Waring Drive, County Club Drive, Oasis Club Drive, E1 Dorado Drive and Warner Trail, which makes fbot travel along these roads hazardous to area residents. Utilities in various portions of the Project Area require undergrounding to negate a safety hazard, improve visual blight, minimize service interruptions, and improve overall utility service to the area. Residences in a portion of the Project Area are currently utilizing septic tanks. Sewer lines need to be extended and improved to service this area thereby minimizing health and safety risks to area residents. Older residential sections of the Project Area also need sewer improvements. The Project Area has areas of localized flooding that need storm drain improvements to reduce the nuisance flooding conditions that occur periodically. Additional improvements are likely needed as standing water is evident throughout the Project Area, even during dry periods. 3 ORDINANCE NO. 724 Traffic congestion at the I-10/Washington Street Interchange is heavy throughout many periods of the day. The existing two lane freeway overpass does not meet existing traffic needs. There is a need to widen the bridge and improve signalization to improve access and traffic flow for Project Area residents and decrease access time for emergency service vehicles to reach 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. This finding and determination is based upon the fact that the implementation of the Redevelopment Plan will eliminate conditions of blight within the Project Area and prevent their reoccurrence, thereby attaining the purposes of the Community Redevelopment Law. The Redevelopment Plan provides for the installation and construction of public improvements and 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. This finding and determination is based on the fact that under the Redevelopment Plan, the Agency will be authorized to seek and utilize a variety of potential financing resources, including property tax increment revenues; that the nature and timing of redevelopment will depend on the amount and availability of such financing resources, including tax increment revenue generated by new investment in the Project Area; that no redevelopment activity will be undertaken unless the Agency can demonstrate that it has adequate revenue tc finance the activity; and that sufficient public and private financial resources, when taken together with tax increment revenue, will be available to carry out the proposed redevelopment activities of the Agency. The Agency will issue its tax increment bonds or other obligations payable from tax increment revenues only when such revenues are projected to be available to the Agency from the Project Area in amounts sufficient to pay for the principal of and interest on such bonds. 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, Comunity Development Block Grant funds. 4 ORDINANCE NO. 724 D. The Redevelopment Plan conforms to the General Plan of the City of Palm Desert, including, but not limited to the General Plan's Housing Element, which substantialy complies with the requirements of Article 10.6 (commencing with Section 65580) of Chapter 3 of Division 1 of Title 7 of the Government Code. This finding and determination is based on the findings of the Planning Commission of the City of Palm Desert set forth in the Planning Commission's Resolution No. 1622. 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. This finding and determination is based on the fact that implementation of the Redevelopment Plan will eliminate conditions of blight within the Project Area and prevent their reoccurrence. Redevelopment will correct infrastructure deficiencies, including traffic circulation deficiencies, and promote property rehabilitation. The Redevelopment Plan provides for the installation and construction of public improvements and the rehabilitation of public and private structures. The improvement of the traffic circulation system and sewer and storm drainage systems will correct existing deficiencies and meet the needs of the Project Area. In addition, 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 for property to be acquired as provided by law. This finding and determination is based upon the need to ensure that the provisions of the Redevelopment Plan will be carried out to eliminate and prevent the reoccurrence of blight and the fact that no real property will be condemned until adequate funds are available to make the payment of compensation required by law. The completion of the proposed public improvements may involve real property acquisition. 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 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. This finding and determination is based on the fact that the Agency has adopted a method of relocation for the Project Area which incorporates the California Relocation Assistance and Real Property Acquisition ORDINANCE NO. 724 Guidelines. H. If any displacement occurs as the result of implementation of the Redevelopment Plan, there are, or are being provided, and there will be 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 familities and persons and reasonably accessible to their places of employment. This finding and determination is based on the fact that no person or family will be required to move from any dwelling unit until suitable replacement housing is available for occupancy and that such housing must meet the standards established in State law regulations. I. Families and persons shall not be displaced prior to the adoption of a relocation plan pursuant to Section 33411 and 33411.1 of the Community Redevelopment Law. Dwelling units housing persons and families of low or moderate income shall not be removed or destroyed prior to adoption of a replacement housing plan pursuant to Sections 33334.5, 33413 and 33413.5 of the Community Redevelopment Law. This finding and determination is based upon the fact that the Agency has adopted a method of relocation for the Project Area which incorporates the California Relocation Assistance and Real Property Acquisition Guidelines. The method provides that no persons or families of low and moderate income shall be displaced unless and until there is a suitable housing unit available and ready for occupancy by such displaced person or family at rents comparable to those at the time of their displacement. Section 533 of the Redevelopment Plan provides that whenever dwelling units housing persons and families of low or moderate income are destroyed or removed from the low and moderate income housing market as part of a redevelopment project which is subject to a written agreement with the Agency or where financial assistance has been provided by the Agency, 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 to persons and families of low or moderate income, an equal number of replacement dwelling units at affordable housing costs within the territorial jurisdiction of the Agency. 75 percent of the replacement dwelling units shall replace dwelling units available at affordable housing cost in the same income level of very low income households, lower income households, and persons and families of low and moderate income, as the persons displace from those destroyed or removed units. The Agency will comply with the provisions of Section 33413.5 of the Community Redevelopment Law with respect to adopting, by resolution, a replacement housing plan. ORDINANCE NO. 724 J. There are no noncontiguous areas of the Project Area. K. 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. This finding and determination is based on the fact that 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. L. 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. This finding and determination is based on the fact that 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. Further, combined effects of the conditions of blight in the Project Area, such as the 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. M. 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. This finding and determination is based on the fact that 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 to such taxing ORDINANCE NO. 724 agencies in accordance with Health and Safety Code Section 33401(b) which will alleviate any such financial burden or detriment. N. The Project Area is predominantly urbanized, as defined by subdivision (b) of Section 33320.1 of the Community Redevelopment Law. This finding and determination if based on the fact that all of the property in the Project Area has been or is developed for urban uses or is an integral part of one or more areas developed for urban uses which are surrounded or substantially surrounded by parcels which have been or are developed for urban uses. 0. The time limitation and the limitation on the number of dollars to be allocated to the Agency that are contained in the Redevelopment Plan are reasonably related to the proposed projects to be implemented in the Project Area and to the ability of the Agency to eliminate blight within the Project Area. This finding and determination is based upon the fact, as set forth in the Agency's Report to the City Council on the Redevelopment Plan, the total estimated cost of the public projects and improvements needed to redevelop the Project Area, including financing costs and costs for low and moderate income housing, is approximately $262 million. The Redevelopment Plan provides for a limitation of $600,000,000 on the number of dollars that may be allocated to the Agency pursuant to 33670 of the Community Redevelopment Law. The Redevelopment Plan also provides for a limitation of $200,000,000 on the number of dollars that may be allocated to the Agency pursuant to 33670 of the Community Redevelopment Law exclusive of any amounts required to be deposited into the low and moderate income housing fund or any amounts required to be paid to taxing entities to alleviate financial burden or detriment. It is estimated that over the 40 year life of the Redevelopment Plan, approximately $172 million will be available to the Agency for implementation of the Redevelopment Plan. 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 comparable to those in 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 the Project Area No. 4. 8 ORDINANCE NO. 724 Section 7. If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of 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 19th day of July, 1993 by the following vote, to wit: AYES: KELLY, SNYDER, WILSON, BENSON NOES: NONE ABSENT: CRITES ABSTAIN: NONE n M. Benson, Mayor ATTEST: / Sheila R. Gilligan, C ty Clerk 01