Loading...
HomeMy WebLinkAbout1656 - ORDINANCES - 6/22/2004 ORDINANCE NO. 1656 AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE MERGED REDEVELOPMENT PLAN FOR THE MERGED REDEVELOPMENT PROJECT NO. 2 (TAHQUITZ-ANDREAS EMINENT DOMAIN AMENDMENT) WHEREAS,the Redevelopment Plan for the Tahquitz-Andreas Constituent Area was amended by Ordinance 1583 adopted on May 31, 2000 resulting in the Merged Redevelopment Plan ("Plan") for Merged Redevelopment Project No. 2 ("Project Area"); and WHEREAS, the Community Redevelopment Agency of the City of Palm Springs ("Agency') has and continues to conduct redevelopment activities in the Project Area, pursuant to Community Redevelopment Law, Health &Safety Code Section 33000,et sea. ("Community Redevelopment Law"); and WHEREAS, this Ordinance amends the Plan to extend the ability to use eminent domain to acquire certain property within the Tahquitz-Andreas Constituent Area ("Area"), except for properties legally devoted to a residential use; and WHEREAS, after providing notice in accordance with all applicable laws, the City Council of the City of Palms Springs ("City Council") and the Agency held a joint public hearing on May 5, 2004 and May 19,2004 ("Public Hearing")to consider the adoption of this Ordinance and prepared and made available to the public all the reports and information required by Section 33349 of the Community Redevelopment Law 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: 1. The affidavit of publication of Notice of the Public Hearing; 2. The certificate of mailing of Notice of Public Hearing to each business owner, property owner and resident in the Project Area to persons, and to firms or corporations which have acquired property within the Project Area; 3. The certificate of mailing of Notice of Public Hearing to the governing bodies of each taxing agency within the Project Area; 4. The Agency's Report to the City Council dated April 21, 2004; 5. The Negative Declaration; 6. The proposed Amendment to the Redevelopment Plan for the Project Area; and 7. 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.; Ordinance 1656 Page 2 NOW THEREFORE, pursuant to Section 33457.1 of the Community Redevelopment Law, which indicates that this Ordinance must contain the findings required by Section 33367 of the Community Redevelopment Law Code, to the extent warranted, the City Council makes the following findings: 1) It has been determined previously the Tahquitz-Andreas Constituent Area is blighted and that the redevelopment of said Area is necessary to effectuate the public purposes of Community Redevelopment Law,such conditions continue to exist in the Area. This finding is based upon the following conditions which characterize the Project Area: The subdividing and sale of lots of irregular form and shape and inadequate size for proper usefulness and development. Several obsolete commercial buildings with limited onsite parking and small infill lots have remained undeveloped for decades. Assembly of multiple parcels to create economically developable lots is difficult due to small lot sizes and the diverse ownership patterns. 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 governmental 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. 2) The Amendment, as described above, will permit the continuation of redevelopment in the area in conformity with Community 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 Amendment 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 City Council pursuant to Section 33352 of the Community Redevelopment Law,further demonstrates the economic soundness and feasibility of the Plan. 4) The Amendment conforms to the General Plan of the City of Palm Springs, including, but not ' limited to,the City's Housing Element,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. Ordinance 1656 Page 3 5) The carrying out of the Amendment will continue to promote the public peace, health,safety and welfare of the City,and will continue to effectuate the purposes and policy of Community 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 Tahquitz-Andreas Constituent Area. 6) Eminent Domain, as provided in the Amendment, is necessary to the execution of the Plan with respect to the Tahquitz-Andreas Constituent Area 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 Tahquitz- Andreas Constituent Area as the Merged Redevelopment Plan for Merged Project Area No. 2 provides for relocation assistance according to State law. 8) There are, or will be provided,within the Tahquitz-Andreas Constituent Area 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 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 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 Community Redevelopment Law, and dwelling units housing persons and families of low or 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 Law. This finding is based upon the fact that the Amendment 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 Tahquitz-Andreas Constituent Area will be accomplished in full compliance with State guidelines as they currently exist or as they may be amended from time to time. 10)It has been determined previously that the inclusion of any lands, building,or improvements which are not detrimental to the public health, safety,orwelfare 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 Community Redevelopment Law without substantial justification for their inclusion; such determination continues to be correct in the Tahquitz-Andreas Constituent Area. This finding is based upon the fact that the boundaries of the Area 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)The elimination of blight and the redevelopment of the Tahquitz-Andreas Constituent Area 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 inability of individual developers to economically remove these blighting influences without substantial public assistance in providing adequate public improvements and facilities, and the inadequacy of other governmental programs and Ordinance 1656 Page 4 financing mechanisms to eliminate the blight including the provision of necessary public improvements and facilities. 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 are 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 Amendment to the Merged Redevelopment Plan for Merged Redevelopment Project No.2,Tahquitz-Andreas Eminent Domain Time Limit Extension, as on file with the City Clerk,which is incorporated by reference as though set forth fully herein. 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. 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 Amendment. 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 16th day of June, 2004. AYES: Members Foat, McCulloch, Mills, Pougnet and Mayor Oden NOES: None ABSENT: None CITY OF PALM SPRINGS, CALIFORNIA City Clerk Mayor REVIEWED & APPROVED ' Ordinance 1656 Page 5 ' 1 HEREBY CERTIFY THAT THE FOREGOING Ordinance 1656 was duly adopted by the City Council of the City of Palm Springs, California, in a meeting held on the 16Lh day of June, 2004, and that same was published in the Public Record, a newspaper of general circulation on June 22, 2004. PATRICIA A. SANDERS City Clerk