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HomeMy WebLinkAbout1388 - ORDINANCES - 7/19/1991 ORDINANCE 110. 1388 AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING AND ADOPTING THE REDEVELOPMENT PLAN FOR THE CANYON REDEVELOPMENT PROJECT AREA WHEREAS, the Community Redevelopment Agency of the City of Palm Springs "Agency", has formulated and prepared the proposed Redevelopment Plan for the Canyon Redevelopment Project Area (the "Redevelopment Plan") ; and WHEREAS, the Planning Commission of the City of Palm Springs submitted its report and recommendation finding the Redevelopment Plan to be in conformity with the General Plan and recommending approval of the Redevelopment Plan„ and WHEREAS, the Agency has adopted rules governing the participation of property owners and business operators in the Project Area; and WHEREAS, The Agency has adopted a Relocation Method as required by law; and WHEREAS, the Agency has submitted the Redevelopment Plan to the City Council of the City of Palm Springs, ( "City Council") ; and WHEREAS, Agency has submitted to City Council the report required by Health and Safety Code Section 33352 (the "Report") accompany submission of the Redevelopment;. Plan to the City Council; and WHEREAS, that. Report describes conditions of blight existing within the Project Area; and WHEREAS, after notice given in accordance with applicable: law, a Joint Public Hearing has been held by the Agency and the: City Council; and WHEREAS, following the Joint Public Hearing, the Agency approved the Redevelopment plan and recommended adoption of the Redevelopment Plan by the City Council pursuant to Health and[ Safety Code Section 33365 . e-R,4 - I- L Ord 1388 Page 2 NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, DOES ORDAIN AS FOLLOWS: SECTION L. The purposes and intent of the City Council with respect to the Canyon Redevelopment Project Area (the "Project Area") are: (a) The elimination of existing blighted conditions, be they properties or structures, and the prevention of recurring blight in the Project Area. (b) The development and redevelopment of property within a coordinated land use pattern of commercial, residential, resort, recreation, and public facilities in the Project Area consistent with the goals, policies, objectives, Programs, standards, guidelines, and requirements as set forth in the City's adopted General Plan. (c) The development of public services and facilities including, but not limited to, emergency, cultural , recreational, maintenance, and operational services and facilities as are necessary and required for the redevelopment of the Project Area. (d) The elimination of environmental deficiencies including inadequate street improvements, inadequate utility systems, and inadequate public services; and mitigation of the potential social, physical, and environmental characteristics of blight. (e) The development of a more efficient and effective circulation corridor system free from hazardous vehicular, pedestrian, equestrian, and bicycle interfaces designed to their ultimate circulation flow. (f) Beautification activities to eliminate all forms of blight including, but not limited to, visual blight, in order to encourage community identity. (g) The encouragement, promotion, and assistance in the development and expansion of local commerce and needed commercial and resort facilities, increasing local employment and improving the economic climate within the Project Area. (h) The acquisition, assemblage, and/or disposition of sites of usable and marketable sizes and shapes for commercial, resort, recreation, residential and public facility development within the Project Area. Ord 1388 Page 3 (i) The creation of a more cohesive and unified community by strengthening the physical, social, and economic ties between the downtown and resort, residential, commercial , and recreational land uses within and adjacent to the Project Area. ( j) To provide for very low-, low- and moderate-income housing availability as required by County, Region, or State law, as necessary, desirable, and consistent with the goals and objectives of the community. (k) To encourage the coordination, cooperation, and assistance of other local agencies, as may be deemed necessary, to ensure that projects undertaken by this Agency are implemented to their fullest and practical extent. ( 1) The achievement of a physical environment reflecting a high level of concern for architectural and urban design principles deemed important by the community and property owners. (m) To encourage participation in the redevelopment of the Project Area by owners of real property in the Project Area and by operators of businesses in the Project Area consistent with the objectives, goals, and requirements of the Redevelopment Plan and General Plan. (n) To provide a procedural and financial mechanism by which the Agency can assist, complement, and coordinate public and private development, redevelopment, revitalization, and enhancement of the community. (o) To ensure that the community maintains a competitive position with surrounding communities, so as to enhance the economic climate and stability of the Project Area and the community. (p) To provide relocation assistance opportunities to persons and businesses temporarily or permanently displaced by redevelopment activities in the Project Area. SECTION 2. The: Redevelopment Plan for the Canyon Redevelopment Project Area on file with the City Clerk's office, is hereby approved and adopted and designated as the official Redevelopment Plan for the Canyon Redevelopment Project Area, and is incorporated herein by reference. SECTION 3. The City Council hereby finds and determines that: c�� -� - - 3 Ord 1388 Page 4 (a) The Project Area is a blighted area for the reasons described in the Report which is incorporated herein by reference. The redevelopment of the Project Area is necessary to effectuate the public purposes declared in the California Health and Safety Code, Section 33000 et. seq. ; (b) The Redevelopment Plan will redevelop the Project Area in conformity with the California Health and Safety Code, Section 33000 et. seq. in the interests of the public peace, health, safety, and welfare; (c) The adoption and carrying out of the Redevelopment Plan is economically sound and feasible for the reasons set forth in the Report; (d) The Redevelopment Plan conforms to the City's General Plan as determined by the City Council upon the report of the Planning Commission as set forth in the Report; (e) The carrying out of the Redevelopment Plan will promote the public peace, health, safety, and welfare of the City of Palm Springs and will effectuate the purposes and policies of the California Health and Safety Code, Section 33000 et. seq. ; (f) The condemnation of real property, as provided for in the Redevelopment Plan, is necessary to the execution of the Redevelopment Plan and adequate provisions have been made for payment for property to be acquired as required by law; (g) The Agency has adopted a feasible method for the relocation of families and persons who are temporarily or permanently displaced from facilities in the Project Area; (h) 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 displaced from the Project Area, decent, safe, and sanitary dwellings equal in number to the number of and available to the displaced families and persons and .reasonably accessible to their places of employment; (i) The inclusion of any land, buildings, or improvements which are not detrimental to the public health, safety, or welfare are necessary for the effective redevelopment of the area of which they are a part and any such area included is necessary for effective redevelopment and is not included for the purposes 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; Ord 1388 Page 5 (J) The elimination of blight and the Redevelopment of the Project Area cannot be :reasonably expected to be accomplished by private enterprise acting alone without the aid and assistance of the Agency. (k) The effect of tax increment- financing will not cause a significant burden or detriment on any taxiing agency deriving revenues from the Project Area. SECTION 4 . The City Council is satisfied permanent housing facilities will be available within three years from the time occupants of the Project: Area are displaced and that pending the development of such facilities, there will be available to such displaced occupants adequate temporary housing facilities at rents comparable to those: in the City of Palm. Springs at the time of their displacement. No persons or families of low and moderate income shall be displaced from residences unless and until there is a suitable housing unit available and ready at the time of their displacement. Such housing units shall be suitable to the needs of such displaced persons or families and must be decent, safe, sanitary, and otherwise standard dwellings. The Agency shall not displace such person or family until such housing units are available and ready for occupancy. SECTION 5. The Redevelopment Plan for the Canyon Redevelopment Project Area provides for the expenditure of money by the City of Palm Springs in carrying out the Redevelopment Plan, and authorizes the City to financially assist the Agency by way of loans, grants, or other financial assistance. The City Council hereby provides that such financial assistance to the Agency shall be made from time to time as the City Council shall determine to be necessary, and that all terms to be established by an agreement between the City and Agency, unless the City Council shall provide in specific cases that such assistance shall be treated other than as a loan. SECTION 6._ To facilitate the implementation of the Redevelopment Plan hereby approved and adopted, it is found and determined that certain official actions must be taken by the City Council with reference, among other things , to development approvals, the location and relocation of sewer and water facilities, and other public actions, and accordingly, the City Council hereby: (a) Declares its intention to undertake and complete any proceedings necessary to be carried out by the City of Palm Springs under the provisions of the Redevelopment Plan; and Ord 1388 Page 6 (b) Request the various officials , departments, boards, and agencies of the City of Palm Springs having administrative responsibilities for the City likewise to cooperate to such end and to exercise their respective functions and powers in a manner consistent with the Redevelopment Plan. SECTION 7. The City Council has heard, reviewed, and considered all oral and written objections to the Redevelopment Plan and has adopted written responses to all written objections received, (if any) in accordance with the provisions of the Community Redevelopment. Law. All written and oral objections to the Redevelopment Plan hereby are overruled. SECTION S. The City Clerk hereby is directed to send a certified copy of this Ordinance to the Agency, and the Agency is hereby vested with the responsibility for carrying out the Redevelopment Plan. SECTION 9. The City Clerk hereby is directed to record with the County Recorder of Riverside County a description of the land within the Project Area and a statement that the proceedings for the redevelopment of the Project Area have been instituted under the California Health and Safety Code, Section 33000 et. seq. The Agency hereby is directed to effectuate recordation in compliance with the provisions of Section 27295 of the Government Code to the extent applicable. SECTION 10 . The Community Development Department is hereby directed for a period of two years after the effective date of this ordinance to advise all applicants for building permits within the Project Area that the site for which a building permit is sought for the construction of buildings or for other improvements is within the Redevelopment Project Area. SECTION 11. The City Clerk is hereby directed to transmit a copy of the description and statement recorded pursuant to Section 33373 of the Health and Safety Code of the State of California, a copy of this Ordinance, and a map or plan indicating the boundaries of the Canyon Redevelopment Project to the Auditor and Tax Assessor of the County of Riverside; to the officer of officers performing the functions of auditor or assessor for any taxing agencies which, in levying or collecting its taxes, do not use the County Assessment Roll or do not collect their taxes through the County; to the governing body of each of the taxing agencies which levies taxes upon any property in the Canyon Redevelopment Project Area; and to the State Board of Equalization. Such documents shall be transmitted as promptly as practicable following the adoption of this Ordinance, but in any event, such documents shall be transmitted within 30 days following the adoption of the Redevelopment Plan. Ord 1388 Page 7 SECTION 12 _ Should any provision, portion, part, or section of this Ordinance be held invalid by a court of competent jurisdiction, the invalid provision, portions, part, or section shall be stricken and the remainder shall be severable from such invalid provision, portion, part, or sentence and such remainder shall remain in full force and effect.. SECTION 13 . Effecti�ie Date This Ordinance shall be in full force and effect thirty (30) days after 'passage. SECTION 14 . The Mayor shall sign this Ordinance and the City Clerk shall cause the same 'to be published or posted as required by law within fifteen (15) days after its passage. ADOPTED this 19th _ day of July 1991. AYES: Councilmembers Bro'ich, Murawski , Neel and Flayro Bono NOES: Councilmember Hodges ABSENT: None ATTEST: CITY OF PALE; SPRINGS, CALIFORNIA BY City Clerk Mayor REVIEWED AND APPROVED:_ I HEREBY CERTIFY that the foregoing Ordinance 1388 was duly adopted by the City Council of the City of Palm Springs, California, in a meeting held on the 19th day of July, 1991, and that same was duly published in the DESERT SUN, a. newspaper of general circulation on duly 27, 1991. TH SUMICH sty Clerk