HomeMy WebLinkAbout6/16/2004 - STAFF REPORTS (15) Proof of Publication
In Newspaper t ca sty ?fjr�ill
STATE OF CALIFORNIA
County of Riverside �-
"O"915-tINANCE NO.1656
AN ORDINANCE OF THE CITY OF PALM SPRINGS,CALI-
J. Tracy Hermann says. FORNIA,AMENDING THE MERGED REDEVELOPMENT
PLAN FOR THE MERGED REDEVELOPMENT
PROJECT NO.2
1. 1 am a citizen of the United States, a (TAHODITZ-ANDREAS EMINENT DOMAIN AMENDMENT)
resident of the City of Palm Springs, County WHEREAS,the Redevelopment Plan for the Tahgwlz-Andreas
of Riverside State of California, and over the Constituent Area was amended by Ordinance 1563 adopted on
i May 31, 2000 resulting in the Merged Redevelopment Plan
age of 18 years. ("Plan") for Merged Redevelopment Project No 2 ("Project
Area"),and
2. 1 am the Research & Production Assistant WHEREAS,the Community Redevelopment Agency ofthe City
of The Public Record a newspaper of of Psalm Springs("Agency")has and continues to conduct rede-
i velo ment activities in the Project Area,pursuant 10 Community
general circulation printed and published in the Redevelopment Law,Health 6 Safety Code Section 33000,et
_ seq ("Community Redevelopment Law');and-
City of Palm Springs, County of Riverside, WHEREAS,this Ordinance amends the Plan to extend the abll-
ily 10 use eminent domain to acquire certain property within the
State of California. Said The Public Record Tehgnitz-Andreas Constituent Area("Area"),except for proper-
is a newspaper of general circulation as that ties legally devoted to aresidential use;and
WHEREAS,after providing notice in accordance with all applic-
term is defined in Government Code section able laws,the City Council of the City of Palms Springs("City
6000, its status as such havinry been Council")and the Agency held a joint public hearing on May 5,
y 2004 and May 19, 2004 ("Public Hearing") to consider the
established by judicial decree of the Superior adoption of this Ordinance and prepared and made available to
the public all the reports and information required by Section
Court of the State of California in and for the 33349 Of the Community Redevelopment Law prier to the
County of Riverside in Proceeding No. Indio Public Hearing,antlWHEREAS, at the Public Hearing, the City Council and the
49271, dated March 31, 1987, entered in Agency received oral testimony from all persons wishing to be
heard,and in addition incorporated into the record of the Public
Judgment Book No. 129, page 355, on Hearing the following documents,each of which is mcerporet-
March 31,1 987. ad by reference into this Ordinance as though set forth fully
herein,as are the minutes of the Public Hearing
3. The Public Record is a newspaper of The affidavit 0t publication of Notice of the Public Hearing,
The certificate of mailing of Notice of Public Hearing to each
general circulation ascertained and established business owner, property owner and resident in the Project
in the City of Palm Springs in the County of Area to persons, and to firms or corporations which have
acquired property within the Project Area,
Riverside, State of California, Case No. RIC The certificate of mailing of Notice of Public Hearing to the gov-
ermng bodies of each taxing agency within the Project Area,
358286, Filed June 8, 2001. The Agency's Reportto the City Council dated April 21,2004,
4. The notice, of which the annexed is a true The Negative Declaration
The proposed Amendment to the Redevelopment Plan for the
printed copy, was published in the Project Area;and
Public communications concerning the Amendment,and
newspaper on the following publication dates WHEREAS, the adoption of this Ordinance is in compliance
to wit. with the requirements of the California Environmental Quality
Act,Public Recourse Code,Section 21000,at sag,
NOW THEREFORE, pursuant to Section 334571 of the
June 22 2004 Community Redevelopment Law, which indicates that this
Ordinance must contain the findings required by Section 33367
1 certify under penalty of perjury that the of the Community Redevelopment Law Code,to the eodent_
warranted,the City Council makes the following 6ndingsi
above is true and correct. It has been determined previously the Tacluns-Andreas
Constituent Area is blighted and that the redevelopment of said
Dated at Palm Springs, California, this 22nd Area is necessary to effectuate the public purposes of
day of June, 2004. Community Redevelopment Law,such conditions continue to (,exist In the Area This finding is based upon the following con-
ditions which characterize the Project Area.
The subdividing and sale of lots of irregular form and shape ! -
and inadequate size for proper usefulness and development. t �"
Several obsolete commercial buildings with limited
/ caste perking and small infill lots have remained undeveloped
�' for decades.
Assembly el multiple parcels to create economically J. devel-
Tracy He mann opable lots is difficult due small lot sizes and the diverse
Research & Production Assistant ownership patterns.
A lack of proper utilization of property,resulting in a slag-
nanl 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 lac](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 allem-
ated 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 rede-
velopment would be insufficient to cause any significant cor-
rection of the blighting conditions,and that the nature and casts
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.
- - The Amendment,as described above,will permit the continua-
tion of redevelopment in the area in conformity with Community
Redevelopment Law,and is in the interests of the publmlinace,
health,safety and welfare by aiding in the elimination and cor-
rection of the conditions of blight,providing for planning,devel-
opment,redesign,clearance,reconstruction or rehabilitation of
properties which need Improvement,and providing for higher
economic utilization of potentially useful land
The adoption and carrying out of the Amendment is economi-
cally 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 NOES: None
Community Redevelopment Law, further demonstrates the 'ABSENT: None
economic soundness and feasibility of the Plan. ATTEST: CITY OF PALM SPRINGS,CALIFORNIA
The Amendment conforms to the Geneml Plan of the City of By:/s/Patricia A Sanders /s/Ron Code
Palm Springs,including,but not limited to,the City's Housing City Clerk May
Element,which substantially complies with the requirements of REVIEWED E APPROVED
Article 10.6(commencing with Section 65500)of Chapter 3 of June 22,2004
Division 1 of Title T al the Government Code This finding is
based upon the Planning Commission's original findings[hat —- - -
the constituent redevelopment plans conform to the General
Plan for the City of Palm Sprigs.
The carrying out of the Amendment will continue to promote the
public peace,health,safety and welfare of the City,and will
offhand to effectuate the purposes and policy of Community
Redevelopment Law by connecting conditions of blight and by
coordinating public and private actions to stimulate develop-
ment and improve the economic,social and physical conditions
of the Tahquitz-Andreas Constituent Area.
Eminent Domain,as provided in the Amendment,is necessary
to the execution of the Plan with respect to the Tahqullz-
Andreas Constituent Area to ensure[hat 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.
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 Tahgmtz-AndreaS
Constituent Area as the Merged Redevelopment Plan for
Merged Project Area No 2 provides for relocation assistance
according to State law.
There are, or will be provided, within the Tohquite-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 me-
sonably accessible to their places Of employment and no per-
son or family will be required to move from any dwelling unit
until suitable replacement housing is available.
Families and persons shall not be displaced prior to the adop-
Lon of a relocation plan pursuant to Sections 33411 and
034111 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 i f 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 dis-
placed persons, families and businesses within[he Tahquilz-
Andreas Cmaliluenl Area will be accomplished in full compli-
ance with State guidelines as they currently exist or as they
may be amended from time to time.
It has been determined previously that the inclusion of any
lands,building,or improvements which are net detrimental to
the public health,safety,or welfare is necessary for the effec-
tive redevelopment of the area of which they are a part,and
that all areas included are necessary for effective redevelop-
ment and are not included for the purpose of obtaining the allo-
cation 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 Tahgditz-Andreas Constituent
Area This finding is based upon the fact that the boundaries
of the Area were chosen to include lands that were underuti-
lized because of blighting influences,or affected by the exis-
tence of blighting influences,and land uses significantly con-
tributing to the conditions of blight,whose inclusion is neces-
sary to accomplish the objectives and benefits of the Plan.
The elimination of blight and the redevelopment of the
Tahguitz-Andreas Constituent Area could not reasonably be
expected to be accomplished by private entemnse acting alone
without the aid and assistance of the Agency This finding is
based upon[he emstence of blighting influences,including the
inability of individual developers to economically remove these
blighting influences without substantial public assistance in pro-
viding adequate public improvements and facilities, and the
inadequacy of other governmental programs and 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 conclu-
sions 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 [he Merged Redevelopment Plan for Merged
Redevelopment Project No 2, TahquiU-Andreas Eminent
Domain Time Limit Extension,as on hie with the City Clerk,which
isTncorporame byi efesence 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 parson,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 adapted the
Ordinance and each sectlom subsections,sentences,clauses,
phrases,or portion thereof,Irrespective of the fact that any one
or more section,subsection,sentence,clause,phrase,or por.
[ions 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
Stirling T:This Ordinance shall be In lull force and effect thit-
ly(30)days after passage.
Section 0: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[his 161h day of June,2004.
AYES: Members Fast,McCulloch,Mills,
Pcugue[and Mayor Oden
ORDINANCE NO.
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 abilityto use eminent domain to
acquire certain propertywithin the Tahquitz-Andreas Constituent Area("Area"), exceptfor
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.;
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
rah}
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 conformitywith 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.
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
j1 QV> -
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, orwill 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, 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 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
1 (-11t3
inadequacy of other governmental programs and 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 day of 2004.
AYES:
NOES:
ABSENT:
ATTEST: CITY OF PALM SPRINGS, CALIFORNIA
By
City Clerk Mayor
REVIEWED &APPROVED
pAq