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HomeMy WebLinkAbout1624 - ORDINANCES - 2/19/2003 ORDINANCE NO. 1624 AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE MERGED REDEVELOPMENT PLAN FOR THE MERGED REDEVELOPMENT (PROJECT NO, 2 WHEREAS, the Redevelopment Plans for the Tahquitz-Andreas Project, the Baristo- Farrell Project, and the Canyon Project were amended by Ordinance 1583 adopted on May 31, 2000 resulting in the Merged Redevelopment Plan for Merged Redevelopment Project No. 2 (the "Project"); and WHEREAS, the Redevelopment Agency of the City of Palm Springs (the"Agency") has and continues to conduct redevelopment activities in the Project, pursuant to Community Redevelopment Law, Health &Safety Code section 33000, et Se4. ("Community Redevelopment Law"); and WHEREAS, this Ordinance amends the Merged Redevelopment Plan for the Project to: 1. Reestablish the ability to use eminent domain to acquire property within the Baristo-Farrell and Canyon constituent project areas of the Project; 2. Add new restrictions on the; use of eminent domain, including prohibition on condemning residential property as defined in the Amended and Restated Redevelopment Plan for Project No. 2 ("Amended and Restated Plan"), property in the TahOuitz-Andreas Constituent Area and property that is held in Trust by the United States on behalf of any Indian or the Agua Caliente Band; 3. Permit the use of eminent domain to condemn a leasehold or other interest ' from a lessee or holder (but not the fee interest of the allottee)which is on land held in Trust by the United States, but only with the written consent of the Tribal Council of the Agua Caliente Band; and 4. Amend and restate other provisions of the constituent redevelopment plans to achieve consistent redevelopment practices and policies for the Merged Redevelopment Plan for Merged Project No. 2; and WHEREAS, after providing notice in accordance with all applicable laws, the City Council and the Agency held a joint public hearing on January 15, 2003 (the"Public Hearing") to consider the adoption of this Ordinance and prepared and made available to the public all the reports and information required by Health and Safety Code section 33367 prior to the Public Hearing; and WHEREAS, at the Public Hearing, the City Council and the Agency received oral testimony from all persons wishing to be heard, and in addition incorporated into the record of the Public Hearing the following documents, each of which is incorporated by reference into this Ordinance as though set forth fully herein, as are the minutes of the Public Hearing: A. The affidavit of publication of Notice of the Public Hearing; B. The certificate of mailing of Notice of Public Hearing to each property owner and tenant in the Project to persons, firms or corporations which ' have acquired property within the Project; C. The certificate of mailing of Notice of Public Hearing to the governing bodies of each taxing agency within the Project; 16 15 Ordinance 1624 Page 2 D. The Agency Report to the City Council; ' E. The CEQA Review; F. The proposed First Amendment to the Redevelopment Plan for the Project; and G. Public communications concerning the Amendment; and WHEREAS, the adoption of this Ordinance is in compliance with the requirements of the California Environmental Quality Act, Public Recourse Code, section 21000, et seq.; NOW THEREFORE, pursuant to Section 33457.1 of the Health and Safety Code, which indicates that this Ordinance must contain the findings required by section 33307 of said Code, to the extent warranted, the City Council makes the following findings: 1) It has been determined previously the constituent areas of the Project are blighted and that the redevelopment of said Project is necessary to effectuate the public purposes of Community Redevelopment Law, such conditions continue to exist in the Project. This finding is based upon the following conditions which characterize the Project : a. The existence of unfit or unsafe buildings and structures due to age, obsolescence, or mixed character. ' b. The existence of properties which suffer from economic dislocation, deterioration and disuse resulting from faulty planning. C. The existence of inadequate public improvements, public facilities, open spaces and utilities which cannot be remedied by private or governmental action without redevelopment. d. The subdividing and sale of lots of irregular form and shape and inadequate size for proper usefulness and development. e. The prevalence of depreciated values, impaired investments and social and economic maladjustment. f. A lack of proper utilization of property, resulting in a stagnant and unproductive condition of land potentially useful and valuable. It is further found and determined that such conditions are causing and will increasingly cause a reduction and lack of proper utilization of the area to such an extent that it constitutes a Serious physical, social and economic burden on the City, which cannot reasonably be expected to be reversed or alleviated by private enterprise acting alone requiring redevelopment in the interest of the health, safety and general welfare of the people of the City and the State. This finding is based on the fact that govemmental action available ' to the City without redevelopment would be insufficient to cause any significant correction of the blighting conditions, and that the nature and costs of the public improvements and facilities required to correct the blighting conditions are beyond the capacity of the City and cannot be undertaken or borne by private enterprise, acting alone or in concert with available governmental action, I(e Ordinance 1624 Page 3 2) The Amended and Restated Plan, as described above, will continue to cause redevelopment in the area in conformity with California Redevelopment Law, and is in the interests of the public peace, health, safety and welfare by aiding in the elimination and correction of the conditions of blight, providing for planning, development, redesign, clearance, reconstruction or rehabilitation of properties which need improvement, and providing for higher economic utilization of potentially useful land. 3) The adoption and carrying out of the Amended and Restated Plan is economically sound and feasible as no public redevelopment activity will be undertaken unless the Agency can demonstrate that it has adequate revenue to finance the activity and the Agency s Report to Council pursuant to Health &Safety Code section 33352 further demonstrates the economic soundness and feasibility of the Plan. 4) The Amended and Restated Plan conforms to the General Plan of the City of Palm Springs, including, but not limited to, the City s Housing dement, which substantially 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 is based upon the Planning Commission's original findings that the constituent redevelopment plans conform to the General Plan for the City of Palm Springs. 5) The carrying out of the Amended and Restated Plan will continue to promote the public peace, health, safety and welfare of the City, and will ' continue to effectuate the purposes and policy of California Redevelopment Law by correcting conditions of blight and by coordinating public and private actions to stimulate development and improve the economic, social and physical conditions of the Project . 6) The condemnation of read property, as provided for in the Amended and Restated Plan, is necessary to the execution of the Plan to ensure that the provisions of the Plan will be carried out and to prevent the recurrence of blight, and adequate provisions have been made for the payment for property to be acquired as provided by law. 7) The Agency has a feasible method and plan for the relocation of families and persons who might be displaced, temporarily or permanently, from housing facilities in the Project as the Amended and Restated Plan provides for relocation assistance according to State law. 8) There are, or will be provided, within the Project or 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 who might be displaced from the Project, 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 and no person or family will be required to move from any dwelling unit until suitable replacement housing ' is available. 9) Families and persons shall not be displaced prior to the adoption of a relocation plan pursuant to Sections 33411 and 33411.1 of the Health & Safety Code, and dwelling units housing persons and families of low or 162 R it ' Ordinance 1624 Page 4 moderate income shall not be removed or destroyed prior to the adoption ' of a replacement housing plan pursuant to sections 33334.5, 33413 and 33413.5 of said Code. This finding is based upon the fact that the Amended and Restated Plan does not contemplate the imminent relocation of any households or businesses to accomplish its goals, a comprehensive and detailed relocation plan will be developed when relocation is imminent, and relocation of displaced persons, families and businesses within the Project will be accomplished in full compliance with State guidelines as they currently exist or as they may be amended from time to time. 10) All noncontiguous areas of the Project are either blighted or are necessary for redevelopment, and are not included in this Ordinance for the purpose of obtaining the allocation of taxes from those areas pursuant to Section 33670 of the Health &Safety Code without substantial justification for their inclusion. This finding is based upon the fact that the boundaries of the Project were chosen to include lands that were underutilized because of blighting influences, or affected by the existence of blighting influences, and land uses significantly contributing to the conditions of blight, whose inclusion is necessary to accomplish the objectives and benefits of the Plan. 11) It has been determined previously that the inclusion of any lands, building, 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, and that all areas included are necessary for effective redevelopment and are not included for the purpose of obtaining the allocation of tax increment revenues from such areas pursuant to Section 33670 of the Health &Safety Code without substantial justification for their inclusion; such determination continues to be correct in the Project. This finding is based upon the fact that the boundaries of the Project were chosen to include lands that were underutilized because of blighting influences, or affected by the existence of blighting influences, and land uses significantly contributing to the conditions of blight, whose inclusion is necessary to accomplish the objectives and benefits of the Plan. 12) The elimination of blight and the redevelopment of the Project could not reasonably be expected to be accomplished by private enterprise acting alone without the aid and assistance of the Agency: This finding is based upon the existence of blighting influences, including the lack of adequate public improvements and facilities, the inability of individual developers to economically remove these blighting influences without substantial public assistance in providing adequate public improvements and facilities, the inability of low- and moderate-income persons are to finance needed improvements, and the inadequacy of other governmental programs and financing mechanisms to eliminate the blight including the provision of necessary public improvements and facilities. ' 131 The Project is predominately urbanized, as defined by subdivision (b) of Section 33320.1 of the Health and Safety Code. This finding is based upon the fact that not less than 80 percent of the land in the Project a. has been or is developed for urban uses; or 1 (0111on V Ordinance '1624 Page 5 b. is characterized by the existence of subdivided lots of irregular form and shape and inadequate size for proper usefulness and development that are in multiple ownership; or c. is an integral part of one or more areas developed for urban uses. 14) The time limitation and the limitation on the number of dollars to be allocated to the Agency that are contained in the Amended and Restated Plan are reasonably related to the proposed projects to be implemented in the Project and to the ability of the Agency to eliminate blight within the Project. This finding is based upon the fact that the Plan contains the goals for each of the constituent redevelopment areas in the Project, the methods for financing projects in the Project, the public improvement projects that may be undertaken by the Agency pursuant to the Plan and the financial and time limitations that shall apply to the Plan. 15) The City Council is satisfied that permanent housing facilities will be available within three years from the time occupants of the Project are displaced and that, pending the development of the facilities, there will be available to the displaced occupants adequate temporary housing facilities at rents comparable to those in the community at the time of their displacements. This finding is based upon the fact that the Amended and Restated Plan does not contemplate the imminent relocation of any households or businesses to accomplish its goals and relocation of displaced persons, families and businesses within the Project will be accomplished in full compliance with State guidelines as they currently ' exist or as they may be amended from time to time. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES FURTHER ORDAIN AS FOLLOWS: Section 1: The City Council finds that all the facts and conclusions as set forth above in this Ordinance are true and correct. Section 2: Any and all written and oral objections filed with or presented to the City Council in regard to the adoption of this Ordinance are hereby overruled. The written responses to those written objections acre hereby adopted by the City Council, which responses are incorporated by reference as though set forth fully herein. Section 3: The City Council hereby approves and adopts the First Amendment to the Merged Redevelopment Plan for Merged Redevelopment Project No. 2, as on file with the City Clerk, which is incorporated by reference as though set forth fully herein. Section 4: The Amended and Restated Plan is hereby designated as the official Redevelopment Plan for Merged Redevelopment Project No, 2. Section 5: If any section, subsection, sentence, clause, phrase, or portion of this Ordinance or the application thereof to any person, firm, corporation, or circumstance 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 remaining portions thereof. The ' City Council of the City of Palm Springs hereby declares that it would have adopted the Ordinance and each section, subsections, sentences, clauses, phrases, or portion thereof, irrespective of the fact that any one or more section, subsection, sentence, clause, phrase, or portions be declared invalid our unconstitutional. I (P B s- Ordinance 1624 Page 6 Section 6: The City Clerk is hereby directed to transmit a copy of this Ordinance to the Agency, which shall be responsible for carrying out the Amended and Restated ' Redevelopment Plan. Section 7: This Ordinance shall be in full force and effect thirty(30) days after passage. Section 8: The City Clerk is hereby ordered and directed to certify to the passage of this Ordinance, and to cause the same or summary thereof, or a display advertisement, duly prepared according to law, to be published in accordance with law. ADOPTED this 19th day of February , 2003_ AYES: Members Hodges, Oden, and Mayor Kleiridienst NOES: None ABSENT: Members Mills and Reller-Spurgin A ST: ITY OF PALM SPRINGS, CALIFORNIA �i � City Clerk Mayor REVIEWED &APPROVED HEREBY CERTIFY that the foregoing Ordinance 1624 was duly adopted by the City Council of the City of Palm Springs, California, in a meeting held on the 19th day of February 2003, and that a summary of same was published in the DESERT SUN, a newspaper of general circulation on February 14, 2003 an ebruary 28, 2003. PATRICIA A. SANDERS City Clerk i�ac�