HomeMy WebLinkAbout2/19/2003 - STAFF REPORTS (15) ORDINANCE NO. 1623
AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA,
AMENDING THE MERGED REDEVELOPMENT PLAN FOR THE
MERGED REDEVELOPMENT PROJECT NO. 1
WHEREAS, the Redevelopment Plans for the Central Business District, the South Palm
Canyon Project,the Ramon-Bogie Project, the Oasis Project, the North Palm Canyon
Project, the Highland-Gateway Project, and Project Area No. 9 were amended by
Ordinance 1584 adopted on May 31, 2000 resulting in the Merged Redevelopment Plan
for Merged Redevelopment Project No. 1 (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 s . ("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
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. 1 ("Amended and Restated Plan") and
property that is held in Trust by the United States on behalf of any Indian or
the Aqua 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. 1; and
WHEREAS, after providing notice in accordance with all applicable laws,the City Council
and the Agency held a joint public hearing on January 16, 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 33307 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;
urainance 1623
-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 33367 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 deterioration and
disuse because of: inadequate public improvements, facilities and
utilities, including inadequate and insufficient traffic circulation,
parking, drainage, sidewalks, curbs and gutters, which cannot be
remedied with private or governmental action without
redevelopment.
c. The existence of properties which suffer from economic dislocation,
deterioration and disuse resulting from faulty planning.
d. 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.
e. The lack of drainage facilities pursuant to the Riverside County
Flood Control District Master Plan of Drainage results in a condition
by which the Project is prone to flooding from storm water runoff.
Ordinance 1623
Page 3
This condition cannot be remedied with private or governmental
action without redevelopment, resulting in the disuse and
underutilization of property in the Project .
2) The Amended and Restated Plan, as described above, will continue to
cause redevelopment in the area in conformity with Calffomia
Redevelopment Law, and is in the interests of the public peace, health,
safety and welfare by Biding 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
economicalty,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 $3352 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 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 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 real 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.
Ordinance 1623
Page 4
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
moderate income shall not be removed or destroyed prior to the adoption
of a replacement housing plan pursuant to sections 83334.5, 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 thosb 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, including
the lack of adequate public improvements and facilities, 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.
Ordinance 1623
Page 5
13) 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 $0 percent of the land in the Project :
a. has been or is developed for urban uses; or
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
. 0. 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 shalt 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 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 First Amendment to
the Merged Redevelopment Plan for Merged Redevelopment Project No. 1, 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. 1.
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
Ordinance 1623
Page 6
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 8: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.
SW ion 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.
ADOPTEDthis 19th dayof February 2003.
AYES: Members Hodges, Oden, and Mayor Kleindienst
NOES: None
ABSENT: Members Mills and Reller-Spurgin
ATTEST: CITY OF PALM SPRINGS, C41FORNIA
13y /;5/ Patricia A. Sanders Williams KI indi .nct
City Clerk Mayor
REVIEWED&APPROVED
IiL.REBY l.=KTIFY 71i6I 'iota FUR6UU[N4 A T'RUL CZA'Y oA
ORDINANCE No. _J%V3 — DULY ADOPTED BY THE
CITY COUNCIL OF THE CITY. pF PALM SPRI GS IN A MEETING
THEREOF HELD ON THE I ` - DAY OFt7t:t��' .3
DATED�AT PALM SPRINGS CALIFORNIA
THIS DAY OF�OD3
DEPUTY CITY CLERK
'�7"OF PRrlf S75RrNM [yI
First Amendment to the Merged Redevelopment Plan
for Merged Redevelopment Project No. 1
(Eminent Domain Time Limit Extension)
Amended and Restated
Redevelopment Plan
Merged Redevelopment Project No. 1
Adopted February 19, 2003 (Ordinance No. 1623)
Community Redevelopment Agency
of the City of Palm Springs
3200 E. Tahquitz Canyon Way
Palm Springs, Califomia 92262
RIO T
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Rosenow Spevacek Group, Inc.
217 N. Main Street, Suite 300
Santa Ana, California 92701-4822
Phone: (714)541-4585
Fax: (714)836-1748
E-Mail: info@webrsg.com
IN
Amended and Restated Redevelopment Plan
Merged Redevelopment Project No. I
Table of Contents
SECTION 1 (100) INTRODUCTION ...........................................1
SECTION II (200) GENERAL DEFINITIONS..............................2
SECTION III (300) PROJECT AREA BOUNDARIES................4
SECTION IV (400) REDEVELOPMENT PLAN GOALS................4
Central Business District Constituent Area....:........................................... 4
South Palm Canyon Constituent Area......................................................... 5
Ramon-Bogie Constituent Area................................................................... 5
Oasis Constituent Area................................................................................. 6
North Palm Canyon Constituent Area......................................................... 6
Highland-Gateway Constituent Area........................................................... 7
Project Area No. 9 Constituent Area............................................................ 8
SECTION V (500) REDEVELOPMENT PLAN ACTIONS .............9
(501) General......................................................................................... 9
(502) Property Acquisition................................................................. 10
(505) Participation by Owners and Persons Engaged in
Business.................................................................................... 11
(509) Implementing Rules.................................................................. 12
(510) Cooperation with Public Bodies.............................................. 12
(511) Property Management.............................................................. 12
(512) Payments to Taxing Agencies................................................. 12
(513) Relocation of Persons Displaced by a Project...................... 13
(516) Demolition, Clearance, Public Improvements, Site
Preparation and Removal of Hazardous Waste..................... 14
(521) Rehabilitation, Moving of Structures by the Agency and
SeismicRepairs......................................................................... 15
(526) Property Disposition and Development................................. 16
(534) Low-and Moderate-Income Housing...................................... 19
SECTION VI (600) USES PERMITTED IN THE PROJECT
AREA.................................................................... 19
(601) Maps and Uses Permitted........................................................ 19
HAUSERS\CURTISIMCRA EMINENT DOMAIN AMENDMENTSTEFORMATTED 02-19M REDEVELOPMENT PLAN-NO 1AOC
AMENDED AND RESTATED REDEVELOPMENT PLAN
MERGED REDEVELOPMENT PROJECT NO. 1
(602) Public Uses................................................................................ 20
(605) Nonconforming Uses................................................................20
(606) Interim Uses...............................................................................20
(607) General Control and Limitations.............................................21
(617) Design for Development...........................................................23
(618) Building Permits........................................................................23
SECTION VII (700) METHODS FOR FINANCING THE
PROJECT................................................................ 23
(701) General Description of the Proposed Financing Methods...23
(702) Tax Increment Revenue............................................................24
(703) Agency Bonds...........................................................................25
(704) Other Loans and Grants...........................................................26
(705) Rehabilitation Loans, Grants,and Rebates............................26
SECTION Vill (800) ACTIONS BY THE CITY ........................... 26
SECTION IX (900) ADMINISTRATION AND ENFORCEMENT .. 27
SECTIONX (1000) PLAN LIMITATIONS................................... 27
(1001) Amount of Cumulative Tax Increment Revenue....................27
(1002) Amount of Bonded Indebtedness Outstanding At Any One
Time............................................................................................28
(1003) Time Frame to Incur Indebtedness.........................................28
(1004) Duration of This Plan................................................ ...............28
(1005) Time Frame to Collect Tax Increment Revenue.....................28
SECTION XI (1100) PROCEDURE OF AMENDMENT................ 28
Exhibit A- Project Area Map.................................................... 29
Exhibit B - Legal Description ................................................... 31
Exhibit C- Listing of the Proposed Public Improvement
Projects, Public, Facilities, and Infrastructure
Improvements.................................I.......0.............. 55
Exhibit D - Diagram of Permitted and Prohibited Land Uses. 58
R08ENOW SPEVACEK GROUP,INC.
Amended and Restated Redevelopment Plan
Merged Redevelopment Project No. 1
SECTION 1 (100) INTRODUCTION
(101) This is the amended and restated Redevelopment Plan for the Merged
Redevelopment Project No. 1 ("Plan"), located in the City of Palm Springs, California.
It consists of the text (Sections 100 through 1100); the Project Area Map of the
Merged Redevelopment Project Area No. 1 ("Project Area") (Exhibit A), the legal
description of the Project Area boundaries (Exhibit B), a listing of the proposed
projects, public facilities, and infrastructure improvement projects (Exhibit C), and a
diagram of current permitted land uses (Exhibit D).
The Project Area consists of seven constituent redevelopment project areas, which
were merged on May 26, 2000 by Ordinance No. 1584. The seven constituent
project areas are:
• Central Business District Redevelopment Project
• South Palm Canyon Redevelopment Project
• Ramon-Bogie Redevelopment Project
• Oasis Redevelopment Project
• North Palm Canyon Redevelopment Project
• Highland-Gateway Redevelopment Project
• Redevelopment Project Area No. 9
This Plan has been prepared by the Community Redevelopment Agency of the City
of Palm Springs, California ("Agency") pursuant to the California Community
Redevelopment Law (Health and Safety Code Section 33000, et seq.), the California
Constitution and all applicable laws and ordinances.
This Plan provides the Agency with powers, duties and obligations to implement the
program generally formulated in this Plan for the redevelopment, rehabilitation, and
revitalization of the Project Area. This Plan does not present a specific plan or
establish priorities for specific projects for the redevelopment, rehabilitation, and
revitalization of any particular area within the Project Area. Instead, this Plan
presents a process and a basic framework within which specific development plans
will be presented, priorities for specific projects will be established, and specific
solutions will be proposed, and by which tools are provided to the Agency to fashion,
develop, and proceed with such specific plans, projects, and solutions.
Many of the requirements contained in this Plan are necessitated by and in
accordance with statutory provisions in effect at the time of adoption of this Plan.
Such statutory provisions may be changed from time to time. In the event that any
such statutory changes affect this Plan's terms, and would be applicable to the
Agency, the Project Area, or this Plan, the terms of this Plan that are so affected shall
be automatically superseded by such statutory changes, to the extent necessary to
be in conformity with such statutory changes (and all other terms of the Plan shall
remain in full force and effect).
ROSENOW SPEVACEK GROUP, INC. PAGE 1
AMENDED AND RESTATED REDEVELOPMENT PLAN
MERGED REDEVELOPMENT PROJECT NO. 1
SECTION If (200) GENERAL DEFINITIONS
The following definitions will be used generally in the context of this Plan unless
otherwise specified herein:
A. "Agency" means the Community Redevelopment Agency of the City of Palm
Springs, California.
B. "Annual Work Program" means that portion of the Agency's annual budget
that sets forth programs and goals to be accomplished by the Agency during
the fiscal year.
C. "City" means the City of Palm Springs, California.
D. "City Council" means the legislative body of the City.
E. "County" means the County of Riverside, California.
F. "Disposition and Development Agreement" means an agreement between a
developer and the Agency that sets forth terms and conditions for
improvement and redevelopment.
G. "General Plan" means the General Plan of the City, the comprehensive and
long-term general plan for the physical development of the City, as it exists
today or is hereafter amended.
H. "Legal Description" means the metes and bounds legal description of the
Project Area attached hereto as Exhibit B.
I. "Map" means the map of the Project Area attached hereto as Exhibit A.
J. "Method of Relocation" means the methods or plans adopted by the Agency
pursuant to Sections 33352(f) and 33411 of the Redevelopment Law for the
relocation of families, persons and businesses to be temporarily or
permanently displaced by actions of the Agency.
K. "Ordinance" means City Council Ordinance No. 1623 adopted on February
19, 2003 adopting this Plan.
L. "Owner" means any person owning fee title to, or a long-term leasehold
interest in real property within the Project Area.
M. "Owner Participation Agreement" means an agreement between the Agency
and an Owner, which sets forth terms and conditions for use of property,
and/or its improvement and/or its redevelopment as to a specific property.
N. "Person" means an individual(s), or any public or private entities.
O. "Plan" means this amended and restated Redevelopment Plan for the
Merged Redevelopment Project No. 1, as amended by Ordinance No. 1623
on February 19, 2003.
P. "Project" means the Merged Redevelopment Project No. 1.
Q. "Project Area" means the Merged Redevelopment Project No. 1 Area, which
is the territory this Plan applies to, as shown on Exhibit A.
R. "Central Business District Constituent Area" means the Central Business
District Redevelopment Project established on July 11, 1973 by Ordinance
No. 952 and amended by Ordinance No. 1276 on November 5, 1986,
ROSENOW SPEVACEK GROUP, INC. PAGE 2
AMENDED AND RESTATED REDEVELOPMENT PLAN
MERGED REDEVELOPMENT PROJECT NO. 1
Ordinance No. 1497 on December 21, 1994, Ordinance 1576 on December
15, 1999, and Ordinance 1584 on May 31, 2000.
S. "South Palm Canyon Constituent Area" means the South Palm Canyon
Redevelopment Project established on November 30, 1983 by Ordinance No.
1203 and amended by Ordinance No. 1494 on December 21, 1994,
Ordinance 1576 on December 15, 1999, and Ordinance 1584 on May 31,
2000.
T. 'Ramon-Bogie Constituent Area" means the Ramon-Bogie Redevelopment
Project established on November 30, 1983 by Ordinance No. 1202 and
amended by Ordinance No. 1490 on December 21, 1994, Ordinance 1576 on
December 15, 1999, and Ordinance 1584 on May 31, 2000.
U. "Oasis Constituent Area' means the Oasis Redevelopment Project
established on July 10, 1984 by Ordinance No. 1224 and amended by
Ordinance No. 1495 on December 21, 1994, Ordinance 1576 on December
15, 1999, and Ordinance 1584 on May 31, 2000.
V. "North Palm Canyon Constituent Area' means the North Palm Canyon
Redevelopment Project established on September 19, 1984 by Ordinance
No. 1227 and amended by Ordinance No. 1498 on December 21, 1994,
Ordinance 1576 on December 15, 1999, and Ordinance 1584 on May 31,
2000.
W. "Highland-Gateway Constituent Area" means the Highland-Gateway
Redevelopment Project established on November 20, 1984 by Ordinance No.
1231 and amended by Ordinance No. 1255 on January 8, 1986, Ordinance
No. 1491 on December 21, 1994, Ordinance 1576 on December 15, 1999,
and Ordinance 1584 on May 31, 2000.
X. "Project Area No. 9 Constituent Area" means Redevelopment Project Area
No. 9 established on December 29, 1988 by Ordinance No. 1321 amended
by Ordinance No. 1496 on December 21, 1994, and Ordinance 1584 on May
31, 2000.
Y. 'Redevelopment Law" means the California Community %development Law
(Health and Safety Code, Sections 33000,et sue.) as it now exists or may be
hereafter amended.
Z. 'Residence" means a building used, designed or intended to be used as a
home or dwelling place for one (1) or more families. `Residence" does not
mean a hotel which is any building or portion thereof containing six (6) or
more guest rooms used by six (6) or more guests, for compensation
(excepting jails and hospitals) where provision for cooking may be made in a
limited number of individual suites, and which rooms are designed and
intended as temporary or overnight accommodations.
AA. "State' means the State of California,
BB. "State Law" means an enactment of State of California, and includes such
regulations as have the force of law.
ROSENOW SPEVACEK GROUP, INC. PAGE 3
AMENDED AND RESTATED REDEVELOPMENT PLAN
MERGED REDEVELOPMENT PROJECT NO. 1
PROJECT •
The boundaries of the Project Area are illustrated on the map attached hereto and
incorporated herein as Exhibit A. The legal description of the boundaries of the
Project Area is as described in Exhibit B attached hereto and incorporated herein.
SECTION IV (400) REDEVELOPMENT PLAN GOALS
This Plan is intended to achieve the following goals:
Central Business District Constituent Area
• Assure Commercial Vitality. The restoration, preservation, and enhancement of
Palm Springs downtown so that it may continue to be the attractive business,
financial, entertainment, cultural, and shopping "heart" of Palm Springs and of the
Palm Springs resort image.
• Coordinate Future Development. Guide the redevelopment and aesthetic
improvement of downtown in a village atmosphere.
• Eliminate Physical, Social, and Environmental Deficiencies. Eliminate
deteriorating buildings, incompatible and uneconomic land uses, inadequate
parking, obsolete structures, and other environmental, economic and social
deficiencies; improve the overall appearance of downtown buildings, streets,
parking areas and other facilities, public and private; and assure that all buildings,
new and old, are safe for people and businesses to occupy.
• Expand Developable Land Supply. Guide and secure the availability of property
to attract major investors and developers.
• Protect Unique Character of Community. Preserve artistically, architecturally, and
historically worthwhile structures and sites.
• Provide Additional Parking Spaces. Increase the number of parking areas,
assure effective utilization through easy accessibility and adequate signing and
create a safe and pleasant pedestrian circulation system that will provide easy
access to and from shopping areas with minimal conflict with automotive traffic.
• Improve Traffic Circulation. Reduce the present excessive flow of automotive
traffic through downtown Palm Springs by (1) providing acceptable alternate
routes for vehicles with beyond Palm Springs destinations and (2) by providing for
alternate modes of transportation through downtown such as park and ride
inducements, and bike and golf cart routes and (3) by other imaginative methods
as may be devised; but without interrupting the desirable flow of traffic to
downtown Palm Springs parking and business establishments.
• Upgrade Urban Design Standards. Establish and implement performance criteria
which assure the highest site design standards and environmental quality and
other design elements which provide unity and integrity to the entire project.
• Stimulate Economic Development. Encourage the development of hotel,
residential, and commercial use in the downtown area and peripheral to
downtown, to ensure the economic and social vitality of the downtown area.
Such use to be in accordance with the General Plan.
ROSENOW SPEVACEK GROUP, INC. PAGE 4
AMENDED AND RESTATED REDEVELOPMENT PLAN
MERGED REDEVELOPMENT PROJECT NO. 1
South Palm Canyon Constituent Area
• Eliminate Physical, Social, and Environmental Deficiencies The elimination of
environmental deficiencies in the Project Area, including, among others, small
and irregular lots, obsolete and aged building types, and deteriorated public
improvements.
• Assemble and Consolidate Land. The assembly of land into parcels suitable for
modern, integrated development with improved pedestrian and vehicular
circulation in the Project Area.
• Coordinate Future Development. The replanning, redesign, and development of
undeveloped areas, which are stagnant or improperly utilized.
• Assure Commercial Vitality. The strengthening of retail and other commercial
functions in the area.
• Stimulate Economic Development The strengthening of the economic base of
the Project Area and the community by the installation of needed site
improvements to stimulate new commercial expansion, employment, and
economic growth.
• Provide Additional Parking Spaces. The provision of adequate land for parking
and open spaces.
• Upgrade Urban Design Standards. The establishment and implementation of
performance criteria to assure high site design standards and environmental
quality and other design elements which provide unity and integrity to tie entire
Project.
• Improve Traffic Circulation. The alleviation of traffic hazards and congestion
through the widening of Palm Canyon Drive (Highway 111) in conjunction with
other agencies.
• Promote Hotel Development The establishment of financial mechanisms to
assist in the development of key hotels and resort properties.
• Correct Flood Control Deficiencies. The provisions of necessary public
improvements, including but not limited to flood control facilities, to correct existing
deficiencies.
Ramon-Bogie Constituent Area
• Eliminate Physical, Social and Environmental Deficiencies The elimination of
environmental deficiencies in the Project Area, including, among others, small
and irregular lots, obsolete and aged building types, and deteriorated public
improvements.
• Assemble and Consolidate Underutilized Land. The assembly of land into
parcels suitable for modern, integrated development with improved pedestrian
and vehicular circulation in the Project Area.
• Coordinate Future Development The replanning, redesign, and development of
undeveloped areas which are stagnant or improperly utilized.
• Assure Commercial Vitality. The strengthening of commercial and industrial
functions in the area.
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• Stimulate Economic Development The strengthening of the economic base of
the Project Area and the community by the installation of needed site
improvements to stimulate new commercial and industrial expansion,
employment, and economic growth.
• Provide Additional Parking Spaces. The provision of adequate land for parkng
and open spaces.
• Upgrade Urban Design Standards. The establishment and implementation of
performance criteria to assure high site design standards and environmental
quality and other design elements which provide unity and integrity to the entire
Project.
• Invest in Commercial Development Opportunities The establishment of financial
mechanisms to assist and encourage the development of light industrial and
commercial development.
Oasis Constituent Area
• Eliminate Blight. The elimination of environmental deficiencies in the Project
Area, including, among others, small and irregular lots, obsolete and aged
building types, and deteriorated public improvements.
• Assemble and Consolidate Land. The assembly of land into parcels suitable for
modern, integrated development with improved pedestrian and vehicular
circulation in the Project Area.
• Coordinate Future Development The replanning, redesign, and development of
undeveloped areas which are stagnant or improperly utilized.
• Assure Commercial Vitality. The strengthening of retail and other commercial
functions in the area.
• Stimulate Economic Development The strengthening of the economic base of
the Project Area and the community by the installation of needed site
improvements to stimulate new commercial elpansion, employment, and
economic growth.
• Provide Additional Parking Spaces. The provision of adequate land for parking
and open spaces.
• Upgrade Urban Design Standards. The establishment and implementation of
performance criteria to assure high site design standards and environmental
quality and other design elements, which provide unity and integrity to the entire
Project.
• Invest in Commercial Development The establishment of financial mechanisms
to assist in the development of new commercial facilities,
• Improve Public Infrastructure. The provisions of necessary public improvements,
including but not limited to flood control facilities, and street improvements to
correct existing deficiencies.
North Palm Canyon Constituent Area
• Eliminate Physical, Social, and Environmental Deficiencies. The elimination of
environmental deficiencies in the Project Area, including, among others, small
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and irregular lots, obsolete and aged building types, and deteriorated public
improvements.
• Assemble and Consolidate Land. The assembly of land into parcels suitable for
modern, integrated development with improved pedestrian and vehicular
circulation in the Project Area.
• Coordinate Future Development The replanning, redesign, and development of
undeveloped areas which are stagnant or improperly utilized.
• Assure Commercial Vitality. The strengthening of retail and other commercial
functions in the area.
• Stimulate Economic Development The strengthening of the economic base of
the Project Area and the community by the installation of needed site
improvements to stimulate new commercial expansion, employment, and
economic growth.
• Provide Additional Parking Spaces. The provision of adequate land for parking
and open spaces.
• Upgrade Urban Design Standards. The establishment and implementation of
performance criteria to assure high site design standards and environmental
quality and other design elements which provide unity and integrity to the entire
Project.
• Improve Traffic Circulation. The alleviation of traffic hazards aid congestion on
Palm Canyon Drive (Highway 111) and Indian Avenue.
• Invest in Development The establishment of financial mechanisms to assist in
the upgrading and/or redevelopment of properties in the Project Area.
• Improve Public Infrastructure. The provisions of necessary public improvements,
including but not limited to flood control facilities, sidewalks, streets, curb and
gutters, to correct existing deficiencies.
• Redevelop Hotel Properties. The establishment of programs to assist in the
upgrading and/or adaptive reuse of the older hotel structures in the Project Area.
Highland-Gateway Constituent Area
• Eliminate Physical, Social, and Environmental Deficiencies The elimination of
environmental deficiencies in the Project Area, including, among others, small
and irregular lots, obsolete and aged building types, and deteriorated public
improvements.
• Assemble and Consolidate Land. The assembly of land into parcels suitable for
modern, integrated development with improved pedestrian and vehicular
circulation in the Project Area.
• Coordinate Future Development The replanning, redesign, and development of
undeveloped areas which are stagnant or improperly utilized.
• Assure Commercial Vitality. The strengthening of retail and other commercial
and industrial functions in the area.
• Stimulate Economic Development The strengthening of the economic base of
the Project Area and the community by the installation of needed site
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improvements to stimulate new and existing commercial, industrial and residential
expansion, employment, and economic growth.
• Increase Recreational Areas. The provision of adequate land for parks and open
spaces.
• Upgrade Urban Design Standards. The establishment and implementation of
performance criteria to assure high site design standards and environmental
quality and other design elements which provide unity and integrity to the entire
Project.
• Promote Development. The establishment of financial mechanisms to assist in
the upgrading and/or redevelopment of new and existing commercial,industrial,
and residential facilities.
• Improve Public Infrastructure. The provisions of necessary public improvements,
including but not limited to flood control facilities, and street improvements to
correct existing deficiencies.
Project Area No.9 Constituent Area
• Assemble and Consolidate Land. The acquisition of real property, either through
negotiated purchase or, in rare instances, through the process of eminent
domain. Property acquired by the Agency would be disposed of for use in
accordance with this Plan.
• Redevelop Dilapidated Buildings. The demolition or removal of certain buildings
and/or improvements and the preparation of sites for reuse by private developers
or government agencies.
• Provide Relocation Opportunities. Providing relocation assistance to displaced
residential and nonresidential owners and tenants. This assistance would include
finding a suitable replacement home or business location and relocation
payments as required by law.
• Improve Public Infrastructure/Facilities Providing public improvements such as
the installation, construction, or reconstruction of streets, utilities, and other public
improvements which are necessary for successful redevelopment and which are
necessary to ensure the public health, safety, and welfare. These improvements
may include streets, alleys, sidewalks and walkways, curbs, gutters, street lights,
sewers, storm drains, water and sewer facilities, or parks.
• Rehabilitate Structures. Encouraging the rehabilitation or modernization of
deteriorating or substandard residential and commercial structures.
• Protect Unique Character of Community. Restoring architecturally or historically
significant structures.
• Coordinating Future Development Conducting planning and engineering studies
to redesign areas suffering from faulty past planning practices.
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SECTION V(500) REDEVELOPMENT PLAN ACTIONS
(501) General
The Agency proposes to alleviate and prevent the spread of blight and deterioration
in the Project Area through:
1. The acquisition, installation, construction, reconstruction, redesign, or reuse of
streets, utilities, curbs, gutters, sidewalks, traffic control devices, flood control
facilities, buildings, structures, parks, playgrounds, and other public
improvements.
2. The rehabilitation, remodeling, demolition, or removal of buildings, structures, and
improvements.
3. The rehabilitation, development, preservation, provision, or construction of
affordable housing in compliance with State Law.
4. Providing the opportunity for participation by owners and tenants presently
located in the Project Area and the extension of preferences to persons engaged
in business desiring to remain or relocate within the redeveloped Project Area.
5. Providing relocation assistance to displaced occupants in accordance with
applicable State Law.
6. The development or redevelopment of land by private enterprise or public
agencies for purposes and uses consistent with the objectives of this Plan.
7. The acquisition of real property, personal property, any interest in property, and
improvements on the property by purchase, lease, option, grant, bequest, gift,
devise, or any other lawful means, or, where it is deemed necessary, by
exercising the power of eminent domain, as permitted by Section 503 of this Plan,
after conducting appropriate public hearings and making appropriate findings.
8. Site preparation and development and construction of necessary off-site
improvements.
9. Improving open space.
10. Managing property acquired by the Agency.
11. Providing financing for the assistance of commercial and industrial development
that increases the economic base of both the Project Area and the City, and the
number of temporary and permanent jobs.
12. The disposition of real property, personal property, any interest in property, and
improvements on the property through methods such as sale, lease, exchange,
subdivision, transfer, assignment, pledge, encumbrance or any other lawful
means of disposition.
13. Recommending standards to ensure that property will continue to be used in
accordance with this Plan.
14. The closure or vacation of certain streets and the dedication of other areas for
public purposes.
15. Providing replacement housing, as required.
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16. Applying for, receiving and utilizing grants and loans from federal or state
governments or any other source.
17. Clearing or moving buildings, structures or other improvements from any real
property acquired by the Agency.
To accomplish these actions and to implement this Plan, the Agency is authorized to
use the powers provided in this Plan, and the powers now or hereafter permitted by
the Redevelopment Law and any other State law.
(502) Properly Acquisition
1. (503) Acquisition of Real Property
The Agency may acquire real property by any means authorized by law, including
by purchase, lease, obtain option upon, acquire by gift, grant, bequest devise,
exchange, cooperative negotiations, or eminent domain.
The following limitations shall apply to the Agency's eminent domain authority in
the Project Area:
a. Eminent domain may be used to acquire any real property in the Project
Area, except for properties legally devoted to a residential use. A parcel is
devoted to a residential use if a residential structure has been legally
constructed on such parcel, and such structure continues to be legally
occupiable for a Residence.
b. The power of eminent domain may not be used to acquire any parcels or
interests in lands held in Trust by the United States for any individual Indian or
for the Aqua Caliente Band itself. However, the power of eminent domain
may be used to acquire a leasehold or other interestfrom the lessee or holder
(but not the fee interest of the allottee) which is own land held in Trust by the
United States, but only with the written consent of the Tribal Council of the
Agua Caliente Band.
c. Eminent domain may not be used to acquire properly owned by a public body
without the consent of that public body.
d. To the extent required by law, the Agency shall not acquire real property on
which an existing building is to be continued on its present site and in its
present form and use without the consent of the owner, unless: (1) such
building requires structural alteration, improvement, modernization or
rehabilitation; or (2) the site or lot on which the building is situated requires
modification in size, shape or use; or (3) it is necessary to inpose upon such
property any of the standards, restrictions and controls of this Plan and the
owner fails or refuses to participate in the Plan pursuant to Sections 506
through 509 of this Plan and applicable provisions of the Redevelopment
Law.
e. Except as otherwise provided by law, no eminent domain proceeding to
acquire property within the Project Area shall be commenced after twelve (12)
years following the date of adoption of this amended and restated Plan by
Ordinance No. 1623). Such time limitation may be extended only by
amendment of this Plan. -
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2. (504) Acquisition of Personal Property Anv Other Interest in Real Property or
Any Improvements in Real Propertv
Where necessary in the implementation of this Plan, the Agency is authorized to
acquire personal property, any other interest in real property and any
improvements on real property including repurchase of developed property
previously owned by the Agency by any lawful means.
(505) Participation by Owners and Persons Engaged in Business
1. (506) Owner Participation
This Plan provides for opportunities for participation in the redevelopment of
property in the Project Area by the owners of all or part of such property if the
owners agree to participate in the redevelopment in conformity with this Plan.
Opportunities to participate in the redevelopment of property in the Project Area
may include without limitation the rehabilitation of property or structures; the
retention of improvements; the development of all or a portion of the participant's
property; the acquisition of adjacent or other properties from the Agency;
purchasing or leasing properties in the Project Area; participating with developers
in the improvement of all or a portion of a participant's properties; or other suitable
means consistent with objectives and proposals of this Plan and with the
Agency's rules governing owner participation and re-entry.
In addition to opportunities for participation by individual persons and firms,
participation, to the extent it is feasible, shall be availatle for two or more persons,
firms or institutions, to join together in partnerships, corporations, or other joint
entities.
The Agency desires participation in redevelopment activities by as many owners
and business tenants as possible. However, participation opportunities shall
necessarily be subject to and limited by such factors as the provision or
expansion of public improvements and/or public utilities facilities; elimination and
changing of land uses; realignment of streets; the ability of owners andbusiness
tenants to finance acquisition and development activities in accordance with this
Plan; development experience, where applicable, availability of franchises,
whether the proposed activities conform to and further the goals and objectives of
this Plan; and any change in the total number of individual parcels in the Project
Area.
2. (507) Reentry Preferences for Persons Engaged in Business in the Proiect
Area
The Agency shall extend reasonable preferences to persons who are engaged in
business in the Project Area to relocate and reenter in business in the
redeveloped area, if they otherwise meet the requirements prescribed by this
Plan and the Agency's rules governing owner participation and reentry.
& (508) Owner Participation Agreements
Under an Owner Participation Agreement, the participant shall agree to
rehabilitate, develop, or use the property in conformance with this Plan and be
subject to the provisions hereof. In the Owner Participation Agreement,
participants who retain real property shall be required to join in the recordation of
such documents as are necessary to make the provisions of this Plan applicable
to their properties.
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Owner Participation Agreements shall include appropriate remedies such as the
ability of the Agency to declare the Owner Participation Agreement terminated
and acquire the real property or any interest therein, and sell or lease such real
property or interest therein for rehabilitation or development in accordance with
this Plan in the event a participant breaches the terms of such Owner
Participation Agreement.
If conflicts develop between the desires of participants for particular sites or land
uses, the Agency is authorized to establish reasonable priorities and preferences
to persons who are engaged in business in the Project Area re-entering in
business within the redeveloped area if they otherwise meet the requirements
prescribed by the Plan.
Where the Agency determines that a proposal for participation is not feasible, is
not in the best interests of the Agency or City or that redevelopment can best be
accomplished without affording a participant an opportunity to execute an Owner
Participation Agreement, the Agency shall not be required to execute an Owner
Participation Agreement.
(509) Implementing Rules
The provisions of Sections 505 through 508 of this Plan shall be implemented
according to the rules adopted by the Agency prior to the approval of the Ordinance,
which may be amended from time to time by the Agency. Such rules allow for Owner
Participation Agreements with the Agency.
(510) Cooperation with Public Bodies
Certain public bodies are authorized by State Law to aid and cooperate, with or
without consideration, in the planning and implementation of activities authorized by
this Plan. The Agency shall seek the aid and cooperation of such public bodies and
shall attempt to coordinate the implementation of this Plan with the activities of such
public bodies in order to accomplish the purposes of redevelopment and to achieve
the highest public good.
Property of a public body shall not be acquired without its consent in accordance with
State Law. The Agency shall seek the cooperation of all public bodies, which own or
intend to acquire property in the Project Area.
The Agency may impose on all public bodies the planning and design controls
contained in and authorized by this Plan to ensure that present uses and any future
development by public bodies will conform to the requirements of this Plan. The
Agency is authorized, to the extent permissible by law, to financially (and otherwise)
assist public bodies in the cost of public land, buildings, facilities, structures or other
improvements (within or outside the Project Area) where such land, buildings,
facilities, structures, or other improvements are d benefit to the Project Area.
(511) Property Management
During such time as property, if any, in the Project Area is owned by the Agency,
such property shall be under the management and control of the Agency. Such
properties may be rented or leased by the Agency pending their disposition.
(512) Payments to Taxing Agencies
The Agency may pay, but is not required to pay, in any year during which it owns
property in the Project Area directly to any City, County or district, including, but not
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limited to, a school district, or other public corporation for whose benefit a tax would
have been levied upon such property had it not been tax exempt, an amount of
money in lieu of taxes.
In addition, to the extent required by State Law, the Agency shall remit paymeris to
the affected taxing agencies in a manner consistent with Section 33607.5, Section
33676(b), and any other pertinent and applicable sections of the Redevelopment
Law.
All such amounts shall be calculated after the amount required to be deposited in tte
Low and Moderate Income Housing Fund has been deducted from the total amount
of tax increment funds received by the Agency in the applicable fiscal year. Such
payments shall be reduced in accordance with the provisions of Section 33607.5 of
the Redevelopment Law or any other applicable statute. Such payments shall be the
exclusive payments that are required to be made by the Agency to affected taxing
entities for the duration of this Plan. Such payments may be subordinated to loans,
bonds, or other Agency indebtedness as provided by the Redevelopment Law.
The Agency may also pay to any taxing agency provided that the affected taxing
entity has approved these subordinate with territory located within the Project Area,
other than the City, any amounts of money which the Agency has found are
necessary and appropriate to alleviate financial burden or detriment caused by the
Project pursuant to an agreement executed prior to January 1, 1994. The payments
to a taxing agency pursuant to such an agreement in any single year shall not exceed
the amount of property tax revenues which would have been received by that taxing
agency if all the property tax revenues from the Project Area had been allocated to all
the affected taxing agencies without regard to the diusion of taxes required by
Section 33670 of the Redevelopment Law, except that a greater payment has been
established by agreement between the Agency and one or more taxing agencies,
except a school district, if the other taxing agencies agreed to defer peyments for one
or more years in order to accomplish the purposes of the Project at an earlier time
than would otherwise be the case. The amount of any greater payments shall not
exceed the amount of payment deferred. The payments shall have been approved
by a resolution, adopted by the Agency, contained findings, supported by substantial
evidence, that the Project will cause or has caused a financial burden or detriment to
the taxing agency and that the payments are necessary to alleviate the financial
burden or detriment.
(513) Relocation of Persons Displaced by a Project
1. (514) Relocation Program
In accordance with the provisions of the California Relocation Assistance Law
(Government Code Section 7260, et seq.) ("Relocation Assistance Act'), the
guidelines adopted and promulgated by the California Department of Housing
and Community Development ('Relocation Guidelines") and the Rules and
Regulations for Implementation of the California Relocation Assistance Law
('Relocation Rules") adopted by the Agency,the Agency shall provide relocation
benefits and assistance to all "displaced" persons (including families, business
concerns, and others) as may be required by law. Such relocation assistance
shall be provided in the manner required by the Relocation Rubs. The Agency
shall make a reasonable effort to relocate displaced individuals, families, and
commercial and professional establishments within the Project Area. The Agency
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is also authorized to relocate displaced persons to locations outside the Projed
Area.
2. (515) Relocation Benefits and Assistance
The Agency shall provide all relocation benefits required by law and in
conformance with the Relocation Rules, Relocation Guidelines, Relocation
Assistance Act, the Redevelopment Law, and any other applicabb rules and
regulations.
(516) Demolition,Clearance, Public Improvements,Site Preparation and
Removal of Hazardous Waste
1. (517) Demolition and Clearance
The Agency is authorized, for property acquired by the Agency or pursuant to an
agreement with the owner of property, to demolish, clear or move buildings,
structures, or other improvements from any real property as necessary to carry
out the purposes of this Plan.
2. (518) Public Improvements
To the greatest extent permitted by law, the Agency is authorized to install and
construct, or to cause to be installed and constructed, the public improvements
and public utilities (within or outside the Project Area) necessary to carry out the
purposes of this Plan. Specifically, the Agency may pay for, install, or crostruct
the buildings, facilities, structures, and other improvements identified in Exhibit C,
attached hereto, and may acquire or pay for land required therefore. Additionally,
the Agency is authorized to install and construct, or to cause to be installal and
constructed, within or without the Project Area, for itself or for any public body or
entity for the benefit of the Project Area, public improvements and public facilities,
including, but not limited to: over or underpasses; bridges; streets; bikewq+s;
curbs; gutters; sidewalks; street lights; sewers; storm drains; traffic signals;
electrical distribution systems; natural gas distribution systems; wastewater
treatment facilities; cable TV and fiber optic communication systems; water
distribution systems; parks; windbreaks; trails; plazas; playgrounds; motor vehicle
parking facilities; landscaped areas; schools; civic, cultural and recreational
facilities; camping facilities; and pedestrian improvements. The public facilities
and infrastructure improvement projects that may be undertaken by the Agency
pursuant to this Plan are identified in the General Plan, and capital improvement
program, incorporated herein by reference.
The Agency, as it deems necessary to carry out the Plan and subject to the
consent of the City Council, as may be required by the Redevelopment Law, may
pay all or part of the value of the land for and the cost of the installation and
construction of any building, facility, structure or other improvement which is
publicly owned either within or outside the Project Area, upon both the Agency
and the City Council making the applicable determinations required pursuant to
the Redevelopment Law.
When the value of such land or the cost of the installation and construction of
such building, facility, structure or other improvement, or both, has been, or will
be, paid or provided for initially by the City or other public corporation, the Agency
may enter into a contract with the City or other public corporation under which it
agrees to reimburse the City or other public corporation for all or part of the value
of such land or all or part of the cost of such building, facility, structure or other
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improvements, or both, by periodic payments over a period of years. Any
obligation of the Agency under such contract shall constitute an indebtedness of
the Agency for the purposes of carrying out this Plan.
3. (519) Preparation of Building Sites
Any real property owned or acquired by the Agency may be developed as a
building site. In connection with such development it may cause, provide, or
undertake or make provisions with other agencies for the installation, or
construction of streets, utilities, parks, playgrounds and other public
improvements necessary for carrying out this Plan.
4. (520) Removal of Hazardous Waste
To the extent legally allowable, the Agency may, in its sole discretion, take any
actions, which the Agency determines are necessary, and which are consistent
with other State and federal laws, to remedy or remove a release of hazardous
substances on, under, or from property within the Project Area.
(521) Rehabilitation, Moving of Structures by the Agency and Seismic Repairs
1. (522) Rehabilitation and Conservation
The Agency is authorized to rehabilitate and conserve, or to cause to be
rehabilitated and conserved, any property, building or structure owned by the
Agency. The Agency is also authorized to advise, encourage, and assist
(through a loan program or otherwise) in the rehabilitation and conservation of
property, buildings or structures in the Project Area not owned by the Agency to
the extent permitted by the Redevelopment Law. The Agency is authorized to
acquire, restore, rehabilitate, move and conserve buildings of historic or
architectural significance.
The Agency is authorized to conduct a program of assistance and enforcement to
encourage owners of property within the Project Area to upgrade and maintain
their property consistent with this Plan and such standards as may be developed
for the Project Area.
The extent of rehabilitation h the Project Area shall be subject to the discretion of
the Agency based upon such objective factors as:
a. Compatibility of rehabilitation with land uses as provided for in this Plan.
b. Economic feasibility of proposed rehabilitation and conservation activity.
c. Structural feasibility of proposed rehabilitation and conservational activity.
d. The undertaking of rehabilitation and conservation activities in an expeditious
manner and in conformance with the requirements of this Plan and such
property rehabilitation standards as may be adopted by the Agency.
e. The need for expansion of public improvements, facilities and utilities.
f. The assembly and development of properties in accordance with this Plan.
The Agency may adopt property rehabilitation standards for the rehakilitation of
properties in the Project Area,
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2. (523) Clearing or Movinq Structures
As necessary in carrying out this Plan, the Agency is authorized to move, or to
cause to be moved, any building structures or other improvements from any real
property acquired.
3. (524) Seismic Repairs
For any project undertaken by the Agency within the Project Area for building
rehabilitation or alteration in construction, the Agency may, by following all
applicable procedures which are consistent with local, State, and federal law, take
those actions which the Agency determines are necessary to provide for seismic
retrofits.
4. (525) Graffiti Removal
Within the Project Area, the Agency after making the required findings may take
any actions that it determines are necessary to renove graffiti from public or
private property.
(526) Property Disposition and Development
1. (527) Real Property Disposition and Development
a. (528) General
For the purposes of this Plan, the Agency is authorized to sell, lease for a
period not to exceed 99 years, exchange, subdivide, transfer, assign, pledge,
encumber by mortgagb, deed of trust, or otherwise dispose of any interest in
real property. To the extent permitted by law, the Agency is authorized to
dispose of real property by negotiated lease or sale without public bidding
after a noticed public hearing. Except as otherwise permitted by law, before
any interest in property of the Agency acquired in whole or in part, directly or
indirectly, with tax increment moneys is sold or leased for developmelt
pursuant to this Plan, such sale or lease shall be first approved by the City
Council by resolution after a noticed public hearing, together with such
findings as may then be required by State Law.
The real property acquired by the Agency in the ProjectArea, except property
conveyed by it to the City or any other public body, shall be sold or leased to
public or private persons or entities for improvement and use of the property
in conformance with this Plan. Real property may be conveyed by the
Agency to the City, and where beneficial to the Project Area, to any other
public body without charge or for an amount less than fair market value.
All purchasers or lessees of property from the Agency shall be obligated to
use the property for the purposes designated in this Plan, to begin and
complete improvement of such property within a period of time which the
Agency fixes as reasonable, and to comply with other covenants, conditions,
or restrictions to prevent speculation or excess profit taking in undevelcped
land, including right of reverter to the Agency and to comply with other
conditions which the Agency deems necessary to carry out the purposes of
this Plan.
During the period of redevelopment in the Project Area, the Agency shall
ensure that all provisions of this Plan, and other documents formulated
pursuant to this Plan, are being observed, and that development of the
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Project Area is proceeding in accordance with applicable development
documents and time schedules.
All development, whether public or private, must conform to this Plan and all
applicable federal, State, and local laws, including without limitation the
General Plan and zoning ordinance, and all other state and local building
codes, guidelines, or specific plans as they now exist or are hereafter
amended. Such development must receive the approval of all appropriate
public agencies.
b. (529) Purchase and Development Documents
To provide adequate safeguards to ensure that the provisions of this Plan will
be carried out and to prevent the recurrence of blight, all real property sold,
leased, or otherwise disposed of by the Agency, as well as all property
subject to Owner Participation Agreements and Disposition and Development
Agreements, shall be made subject to the provisions of this Plan by leases,
deeds, contracts, agreements, declarations of restrictions, provisions of the
General Plan and zoning ordinance, and all other state and local building
codes, guidelines, or master or specific plans as they now exist or are
hereafter amended, conditional use permits, or other means. Where
appropriate, as determined by the Agency, such documents or portions
thereof shall be recorded in the office of the Recorder of the County.
Leases, deeds, contracts, agreements, and declarations of restrictionsof the
Agency may contain restrictions, covenants, covenants running with the land,
rights of reverter, conditions subsequent, equitable servitudes, or any other
provisions necessary to carry out this Plan.
The Agency shall reserve such powers and controls in Disposition and
Development Agreements or similar agreements as may be necessary to
prevent transfer, retention, or use of property for speculative purposes and to
ensure that redevelopment is carried out pursuant to this Plan.
The Agency shall obligate lessees and purchasers of real property acquired in
the Project Area and owners of property improved as part of a redevelopment
project to refrain from restricting the rental, sale or lease of the property on the
basis of race, color, religion, sex, martal status, ancestry, or national origin of
any person. All deeds, leases, or contracts for the sale, lease, sublease or
other transfer of land in the Project Area shall contain or be subject to such
nondiscrimination and non-segregation clauses as are required by
Redevelopment Law.
2. (530) Personal Property Disposition
For the purposes of this Plan, the Agency is authorized to sell, lease for a period
not to exceed 99 years, exchange, subdivide, transfer, assign, pledge, encumber,
or otherwise dispose of personal property or any other interest in property by any
lawful means.
3. (531) Prevention of Discrimination
a. (532) Redevelopment
The redeveloper shall comply with all state and local laws, in effect from time
to time, prohibiting discrimination or segregaton by reason of race, color,
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creed, religion, sex, marital status, national origin or ancestry, in the sale,
lease or occupancy of the property.
Pursuant to the Redevelopment Law (Sections 33337 and 3343533436),
contracts entered into by the Agency relaing to the sale, transfer or leasing of
land, or any interest therein acquired by the Agency within any survey area or
redevelopment project, shall comply with the provisions of said sections in
substantially the form set forth therein. All such contractsshall further provide
that the provisions of said sections shall be binding upon and shall obligate
the contracting party or parties and any subcontracting party or parties, or
other transferees under the instrument.
b. (633) Deeds, Leases, and Contracts
All deeds, leases, and contracts which the Agency proposes to enter into with
respect to the sale, lease, sublease, transfer, use, occupancy, tenure or
enjoyment of any land in the Project Area shall contain the following
nondiscrimination and non-segregation clauses as prescribed by
Redevelopment Law, Section 33436: In deeds the following language shall
appear:
"The grantee herein covenants by and for himself or herself, his or her
heirs, executors, administrators and assigns, and all persons claiming
under or through them, that there shall be no discrimination against or
segregation of, any person or group of persons on account of race, color,
creed, religion, sex, marital status, national origin, or ancestry in the sale,
lease, sublease, transfer, use, occupancy, tenure, or enjoyment of the
premises herein conveyed, nor shall the grantee or any person claiming
under or through him or her, establish or permit any such practice or
practices of discrimination or segregation with reference to the selection,
location, number, use or occupancy of tenants, lessees, subtenants,
sublessees, or vendees in the premises herein conveyed. The foregoing
covenants shall run with the land."
In leases, the following language shall appear:
"The lessee herein covenants by and for himself or herself, his or her
heirs, executors, administrators, and assigns, and all persons claiming
under or through him or her, and this lease is made and accepted upon
and subject to the following conditions:
"That there shall be no discrimination against or segregation of any
person or group of persons, on account of race, color, creed, religion, sex,
marital status, national origin, or ancestry, in the leasing, subleasing,
transferring, use, occupancy, tenure, or enjoyment of the premises hereh
leased nor shall the lessee himself, or any person claiming under or
through him or her, establish or permit any such practice or practices of
discrimination or segregation with reference to the selection, location,
number, use, or occupancy, of tenants,lessees, sublessees, subtenants,
or vendees in the premises herein leased."
In contracts, the following language shall appear:
"There shall be no discrimination against or segregation of any person or
group of persons on account of race, color, creed, relgion, sex, marital
status, national origin or ancestry in the sale, lease, sublease, transfer,
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use, occupancy, tenure or enjoyment of the land, nor shall the transferee
itself or any person claiming under or through it, establish or permit any
such practice or practices of discrimination or segregation with reference
to the selection, location, number, use or occupancy of tenants, lessees,
subtenants, sublessees or vendees of the land. The foregoing provision
shall be binding upon and shall obligate the contracting party or parties
and any subcontracting party or parties, or other transferees under the
instrument."
(534) Loves and Moderate-Income Housing
The Agency shall comply with all of the low- and moderate-income housing
requirements of the Redevelopment Law which are applicable to this Plan, including
applicable expenditure, replacement and inclusionary housing requirements,
including but not limited to the following:
No less than twenty percent of all tax increment funds allocated to the Agency shall
be used for the purposes of increasing, improving, and preserving the supply of low-
and moderate-income housing available at affordable housing costs to persons and
families of low or moderate income and very low income households that is occupied
by these persons and families, unless the Agency makes annual findings by
resolution as required under Redevelopment Law.
The tax increment funds that are required to be used for increasing and improving the
supply of low- and moderate-income housing shall be held in a separate Low and
Moderate-Income Housing Fund until used. The moneys in the Low and Moderate-
Income Housing Fund shall be used to increase, improve, and preserve the supply of
low-and moderate-income housing.
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, 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 Project Area or within the jurisdiction of the Agency in
accordance with Redevelopment Law."
SECTION VI (600) USES PERMITTED IN THE PROJECT AREA
(601) Maps and Uses Permitted
The Map attached hereto as Exhibit A and incorporated herein illustrates the location
of the Project Area boundaries. The land uses permitted by this Plan shall be those
permitted by the General Plan and zoning ordinance, and all other state and local
building codes, guidelines, or specific plans as they now exist or are hereafter
amended. A diagram of current permitted uses is presented on Exhibit D.
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(602) Public Uses
1. (603) Public Street Layout, Rights of Way and Easements
The public street system and street layout for the Project Area is illustrated on the
Map identified as Exhibit A. The street system in the Project Araq shall be
developed in accordance with the General Plan, and all other state and local
codes, guidelines, or master or specific plans as they now exist or are hereafter
amended.
Certain streets and rights-of-way may be widened, altered, realigned, abandoned,
vacated, or closed by the City as necessary for proper development of the Project
Area. Additional easements may be created by the Agency and City in the
Project Area as needed for proper development and circulation.
The public rights-of-way shall be used for vehicular, bicycle and/or pedestrian
traffic as well as for public improvements, public and private utilities and activities
typically found in public rights-of-way. In addition, all necessary easements for
public uses, public facilities, and public utilities may be retained or created.
2. (604) Other Public and Open Space Uses
Both within and, where an appropriate finding has been determined, outside of
the Project Area, the Agency may take actions to establish, or enlarge public,
institutional, or non-profit uses, including, but not limited to, schools, community
centers, auditorium and civic center facilities, theatres and cultural facilities,
criminal justice facilities, park and recreational facilities, parking facilities, transit
facilities, libraries, hospitals, educational, fraternal, philanthropic and charitable
institutions or other similar associations or organizations. All such uses shall be
deemed to conform to the provisions of this Plan provided that such uses conform
to all other applicable laws and ordinances and that such uses are approved by
the City. The Agency may impose such other reasonable restrictions as are
necessary to protect development and uses in the Project Area.
(605) Nonconforming Uses
The Agency is authorized but not required to permit an existing use to remain in an
existing building in good condition if the use does not conform to the provisions of this
Plan, provided that such use is generally compatible with existing and proposed
developments and uses in the Project Area.
The Agency may take actions to, but is not required to, authorize additions,
alterations, repairs or other improvements in the Project Area for buildings which do
not conform to the provisions of this Plan where, in the determination of the Agency,
such improvements would be compatible with surrounding Project Area uses and,
proposed development.
(606) Interim Uses
Pending the ultimate development of land by developers and participants, the Agency
is authorized to use or permit the use of any bnd in the Project Area for interim uses.
Such interim use, however, shall conform to General Plan and zoning ordinance, and
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all other state and local building codes, guidelines, or specific plans as they now exist
or are hereafter amended.
(607) General Control and Limitations
All real property in the Project Area is hereby made subject to the controls and
requirements of this Plan. No real property shall be subdivided, developed,
redeveloped, rehabilitated, or otherwise changed after the date of the adoption of this
Plan except in conformance with the goals and provisions of this Plan and the
regulations and requirements of the General Plan and zoning ordinance, and all other
state and local building codes, guidelines, or master or specific plans as they now
exist or are hereafter amended. The land use controls of this Plan shall apply for the
periods set forth in Section 1000 below. The type, size, height, number and use of
buildings within the Project Area will be controlled by the General Plan and ap)licable
zoning ordinance, and all other state and local building codes, guidelines, or master
or specific plans as they now exist or are hereafter amended,
1. (608) New Construction
All construction in the Project Area shall comply with all applicable Sbte and local
laws in effect from time to time. In addition to the City land use regulations and
requirements in the Project Area, additional specific performance and
development standards may be adopted by the Agency to control and direct
improvement activities in the Project Area.
2. (609) Rehabilitation
Any existing structure within the Project Area which the Agency enters into an
agreement for retention and rehabilitation shall be repaired, altered,
reconstructed, or rehabilitated in accordance with the applicable law and in such a
manner that it will meet the following requirements: be safe and sound in all
physical respects, be attractive in appearance and not detrimental to the
surrounding uses.
3. (610) Number of Dwellinq Units
The General Plan shall regulate the total number of dwelling units in the Project
Area. As of the date of adoption of this Plan, there are approximately nine
hundred (900) dwelling units in the Project Area.
G. (611) Open Space and Landscaping
The approximate amount of open space to be provided in the Project Area is the
total of all areas so designated in the General Plan and zoning ordinance, and all
other state and local building codes, guidelines, or specific plans as they now
exist or are hereafter amended, and those arms in the public rights-of-way or
provided through site coverage limitations on new development as established by
the City and this Plan. Landscaping shall be developed in the Project Area to
ensure optimum use of living plant material in conformance withthe standards of
the City.
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5. (612) Limitations on Type, Size, Height Num berand Proposed Use of Buildings
The limits on building intensity, type, size, height, number and proposed use shall
be established in accordance with the provisions of the General Plan and zoning
ordinance, and all other state and local building codes, guidelines, or master or
specific plans as they now exist or are hereafter amended.
6. (613) Signs
All signs shall conform to the requirements of the City. Design of all proposed
new signs shall be subject to the review of the City and the procedures of this
Plan.
7. (614) Utilities
The Agency, in conformity with the City municipal code, and City policies, shall
require that all utilities be placed underground whenever physically possible and
economically feasible on projects funded in whole or in part by the Agency or
subject to a Disposition and Development Agreement or an Owner Participation
Agreement.
If the Agency determines that placing all utilities underground is not economicdly
feasible, the Agency may petition the City Council on behalf of a participant to
waive the requirement to place all utilities underground.
8. (615) Subdivision of Parcels
No parcels in the Project Area, including any parcel retained by a participant, Ehall
be consolidated, subdivided or re-subdivided without the approval of the City.
9. (616) Variations
The Agency is authorized to permit variations from the limits, restrictions and
controls established by this Plan. In order to permit any such variaton, the
Agency must determine all of the following:
a. The application of certain provisions of this Plan would result in practical
difficulties or unnecessary hardships inconsistent with the general purposes
and intent of this Plan.
b. There are exceptional circumstances or conditions applicable to the property
or to the intended development of the property, which do not apply generally
to other properties having the same standards, restrictions, and controls.
c. Permitting a variation will not be materially detrimental to the public welfare or
injurious to property or improvements in the area.
d. Permitting a variation will not be contrary to the objectives of this Plan.
No such variation shall be granted other than a minor departure from the
provisions of this Plan. In permitting any such variation, the Agency shall impose
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such conditions as are necessary to protect the public health, safety, and welfare,
and to assure compliance with the purposes of this Plan.
(617) Design for Development
Within the limits, restrictions, and controls established in this Plan, and subject to the
provisions of Sections 601 and 607 herein, the Agency is authorized to establish land
use, heights of buildings, land coverage, setback requirements, design criteria, traffic
circulation, traffic access, and other development and design controls necessary for
proper development of both private and public areas within the Project Area.
No new improvement shall be constructed, and no existing improvement shall be
substantially modified, altered, repaired, or rehabilitated except in accordance with
this Plan and any such controls approved by the Agency. In the case of property,
which is the subject of a Disposition and Development Agreement or an Owner
Participation Agreement with the Agency, such property shall be developed in
accordance with the provisions of such Agreement. One of the objectives of this Plan
is to create an attractive and pleasant environment in the Project Area. Therefore,
such plans shall give consideration to good design, open space and other amenities
to enhance the aesthetic quality of the Project Area. The Agency shall not approve
any plans that do not comply with this Plan except as permitted by Section 616 of this
Plan.
(618) Building Permits
Any building permit that is issued for the rehabilitation or construction of any new
building or any addition, construction, moving, conversion or alteration to an existing
building in the Project Area from the date of adoption of this Plan must be in
conformance with the provisions of this Plan, any design for development adopted by
the Agency, any restrictions or controls established by resolution of the Agency, and
any applicable participation or other agreements.
SECTIONi0METHODS
(701) General Description of the Proposed Financing Methods
Upon adoption of this Plan by the City Council, the Agency is authorized to finance
implementation of this Plan with assistance from local sources, the State and/or the
federal government, property tax increment, interest income, Agency bonds,
donations, loans from private financial institutions or any other legally available
source.
The Agency is also authorized to obtain advances, borrow funds, issue bonds or
other obligations, and create indebtedness in carrying out this Plan. The principal
and interest on such indebtedness may be paid from tax increment revenue or any
other funds available to the Agency. Advances and loans for survey and planning
and for the operating capital for administration of this Plan may be provided by the
City until adequate tax increment revenue or other funds are available to repay the
advances and loans. The City or other public agency, as it is able, may also supply
additional assistance through issuance of bonds, loans and grants and in-kind
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assistance, Any assistance shall be subject to terms established by an agreement
between the Agency, City and/or other public agency providing such assistance.
The Agency may issue bonds or other obligations and expend their proceeds to carry
out this Plan. The Agency is authorized to issue bonds or other obligations as
appropriate and feasible in an amount sufficient to finance all or any part of Plan
implementation activities. The Agency shall pay the principal and interest on bords
or other obligations of the Agency as they become due and payable.
(702) Tax Increment Revenue
For the purposes of the collection of property tax revenue pursuant to this Plan, the
effective date of the ordinance shall mean and refer to:
• For Central Business District Constituent Area adopted by Ordinance No. 952:
July 11, 1973.
• For South Palm Canyon Constituent Area adopted by Ordinance No. 1203:
November 30, 1983.
• For Ramon-Bogie Constituent Area adopted by Ordinance No. 1202: November
30, 1983.
• For Oasis Constituent Area adopted by Ordinance No. 1224: July 10, 1984.
• For North Palm Canyon Constituent Area adopted by Ordinance No. 1227:
September 19, 1984.
• For Highland-Gateway Constituent Area adopted by Ordinance No. 1231:
November 20, 1984.
• For Project Area No. 9 Constituent Area adopted by Ordinance No. 1321:
December 29, 1988.
All taxes levied upon taxable property within the Project Area each year by or for the
benefit of the State, County, City, district, or other public corporation (hereinafer
called "Taxing Agency" or'Taxing Agencies") after the effective date of the ordinance,
shall be divided as follows:
1. That portion of the taxes which would be produced by the rate upon which the tax
is levied each year by or for each of said Taxing Agencies upon the total sum of
the assessed value of the taxable property in the Project Area as shown upon the
assessment roll used in connection with the taxation of such property by such
Taxing Agency, last equalized prior to the effective date of the odinance, shall be
allocated to and when collected shall be paid to the respective Taxing Agencies
as taxes by or for said Taxing Agencies on all other property are paid (for the
purpose of allocating taxes levied by or for any Taxing Agency or Agencies whbh
did not include the territory in the Project Area on the effective date of the
ordinance but to which such territory has been annexed or otherwise included
after such effective date, the assessment roll of the County last equalized on the
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effective date of the Ordinance shall be used in determining the assessed
valuation of the taxable property in the Project Area on said effective date).
2. That portion of said levied taxes each year in excess of such amount shall be
allocated to and when collected shall be paid into a special fund of the Agency to
pay the principal of and interest on loans, monies advanced to, or indebtedness
(whether funded, refunded, assumed, or otherwise) incurred by the Agency to
finance or refinance, in whole or in part, the Project and this Plan. Unless and
until the total assessed valuation of the taxable property in the Project Area
exceeds the total assessed value of the taxable property in the Project Area as
shown by the last equalized assessment roll referred to in paragraph (1.) hereof,
all of the taxes levied and collected upon the taxable property in the Project Area
shall be paid to the respective Taxing Agencies. When said loans, advances,
and indebtedness, if any, and interest thereon, have been paid, all monies
thereafter received from taxes upon the taxable property in the Project Area shall
be paid to the respective Taxing Agencies as taxes on all other property are paid.
3. That portion of the taxes in excess of the amount identified in paragraph (1.)
above which is attributable to a tax rate levied by a Taxing Agency for the
purpose of producing revenues in an amount sufficient to make annual
repayments of the principal of and interest on any bonded indebtedness for the
acquisition or improvement of real property shall be allocated to, and when
collected shall be paid into, the fund of that Taxing Agency. This paragraph (3.)
shall only apply to taxes levied to repay bonded indebtedness approved by the
voters on or after January 1, 1989.
The Agency is authorized to make pledges as to specific advances, loans and
indebtedness as appropriate in carrying out the Project. The portion of taxes
allocated and paid to the Agency pursuant to subparagraph (2.) above is irrevocably
pledged to pay the principal of and interest on loans, monies advanced to, or
indebtedness (whether funded, refunded, assumed, or otherwise) incurred by the
Agency to finance or refinance, in whole or in part, the redevelopment program for the
Project Area.
(703) Agency Bonds
The Agency is authorized to issue bonds and other obligations from time to time, if it
deems it appropriate to do so, in order to finance all or any part of Plan
implementation activities.
Neither the members of the Agency nor any persons executing the bonds are liable
personally on the bonds or other obligations by reason of their issuance.
The bonds and other obligations of the Agency are not a debt of the City, County, or
the State; nor are any of its political subdivisions liable for them; nor in any event shall
the bonds or obligations be payable out of any funds or properties other than those of
the Agency; and such bonds and other obligations shall so state on their face. The
bonds and other obligations do not constitute an indebtedness within the meaning of
any constitutional or statutory debt limitation or restriction.
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(704) Other Loans and Grants
Any other loans, grants, guarantees or financial assistance from the federal
government, the State, or any other public or private source will be utilized, if
available, as appropriate in carrying out this Plan. In addition, the Agency may make
loans as permitted by law to public or private entities for any of its redevelopment
purposes.
(705) Rehabilitation Loans, Grants,and Rebates
To the greatest extent allowed by State Law, the Agency and the City may commit
funds from any source to rehabilitation programs for the purposes of loans, grants, or
rebate payments for self-financed rehabilitation work. The rules and regulations for
such programs shall be those which may already exist or which may be developed in
the future. The Agency and the City shall seek to acquire grant funds and direct loan
allocations from State and federal sources, as they may be available from time to
time, for the carrying out of such programs.
SECTION Vill (800) ACTIONS BY THE CITY
The City shall aid and cooperate with the Agency in carrying out this Plan and shall take all
reasonable actions necessary to ensure the continued fulfillment of the purposes of this Plan
and to prevent the recurrence or spread in the Project Area of conditions of blight. Actions by
the City may include, but shall not be limited to, the following:
1. Institution and completion of proceedings for opening, closing, vacating, widening, or
changing the grades of streets, alleys, and other public rights-of-way, and for other
necessary modifications of the streets, the street layout, and other public rights-of-way in
the Project Area. Such action by the City shall include the requirement of abandonment
and relocation by the utility companies of their operations in public rights-of-way as
appropriate to carry out this Plan, provided that nothing in this Plan shall be deemed to
require the cost of such abandonment, removal, and relocation to be borne by others
than those legally required to bear such costs.
2. Institution and completion of proceedings necessary for changes and improvements to
publicly-owned parcels and utilities in the Project Area.
3. Performance of the above and of all other functions and services relating to public health,
safety, and physical development normally rendered in accordance with a schedule
which will permit the redevelopment of the Project Area to be commenced and carried to
completion without unnecessary delays.
4. Imposition, whenever necessary and applicable, of appropriate design controls within the
limits of this Plan in the Project Area to ensure proper development and use of land.
5. Provisions for administration/enforcement of this Plan by the City after completion of
development.
6. The undertaking and completion of any other proceedings necessary to carry out the
Project.
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7. The expenditure of any City funds in connection with redevelopment of the Project Area
pursuant to this Plan.
8. Revision of the City zoning ordinance, adoption of master or specific plans or execution of
statutory development agreements to permit the land uses and facilitate the development
authorized by this Plan.
SECTION IX(900) ADMINISTRATION AND ENFORCEMENT
Upon adoption, the administration and enforcement of this Plan or other documents
implementing this Plan shall be performed by the City and/or the Agency, as appropriate.
The provisions of this Plan or other documents entered into pursuant to this Plan may also be
enforced by litigation or similar proceedings by either the Agency or the City. Such remedies
may include, but are not limited to, specific performance, damages, re-entry onto property,
power of termination, or injunctions. In addition, any recorded provisions, which are
expressly for the benefit of owners of property in the Project Area, may be enforced by such
owners.
SECTION X (1000) PLAN LIMITATIONS
The following financial and time limitations shall apply to this Plan:
(1001)Amount of Cumulative Tax Increment Revenue
The number of dollars of taxes which may be divided and allocated to the Agency
pursuant to Section 33670 of the Redevelopment Law, inclusive of payments to
taxing agencies, shall not exceed the following as listed on Table A:
MERGED REDEVELOPMENT PROJECT NO. 1 TABLE A
REDEVELOPMENT PLAN LIMITS
Amount of Bonded Limit of
Indebtedness Cumulative Final Date of Termination
Outstanding at Tax Increment Date to Plan Date
Constituent Area Any One Time Revenue 2/ Incur Debt Termination of Revenue
Central Business District Not required 1/$ 150,000,000 3/ 1/1/2004 7/11/2013 7/11/2023
South Palm Canyon $ 80,000,000 80,000,000 1/1/2004 11/30/2023 11/30/2033
Ramon-Bogie 100,000,000 100,000,000 1/1/2004 11/30/2023 11/30/2033
Oasis 30,000,000 30,000,0004/ 7/10/2004 7/10/2024 7/10/2034
North Palm Canyon 64,000,000 65,000,0004/ 9/19/2004 9/19/2024 9/19/2034
Highland-Gateway 50,000,000 50,000,0004/ 11/20/2004 11/20/2024 11/20/2034
Project No.9 60,000,000 6,000,000 annually 12/29/2008 12/29/2028 12/29/2038
1/Pursuant to Section 33334.1 of Redevelopment Law
2/From the original date of redevelopment plan adoption for each constituent area
3/Constant 1986 Dollars
4/Constant 1984 Dollars
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(1002)Amount of Bonded Indebtedness Outstanding At Any One Time
The amount of bonded indebtedness, to be repaid in whole or in part from the
allocation of taxes pursuant to Section 33670 of the Redevelopment Law, which can
be outstanding at one time, shall not exceed the limits as listed on Table A.
(1003)Time Frame to Incur Indebtedness
The time limit on the establishing of loans, advances, and indebtedness to be paid
with the proceeds of property taxes received pursuant to Section 33670 of the
Redevelopment Law to finance in whole or in part the redevelopment project shall be
the time period as provided on Table A. These limits, however, shall not prevent the
Agency from incurring debt to be paid from the low and moderate income housing
fund or establishing more debt in order to fulfill the Agency's housing obligations
under Section 33333.8 of the Redevelopment Law. The loans, advances, or
indebtedness may be repaid over a period of time longer than this time limit as
provided herein. No loans, advances, or indebtedness to be repaid from the
allocation of taxes shall be established or incurred by the Agency beyond this time
limitation. This limit shall not prevent the Agency from financing, refunding, or
restructuring indebtedness after the time limit if the indebtedness is not increased and
the time during which the indebtedness is to be repaid is not extended beyond the
time limit to repay indebtedness required by this section.
Provided, however, that the time limits established in this Section 1003 may be
extended in the manner provided by applicable law.
(1004)Duration of This Plan
Except for the nondiscrimination and nonsegregation provisions of this Plan, and
recorded covenants implementing the same, which shall remain in effect in
perpetuity, and except as otherwise expressly provided herein, the provisions of this
Plan shall be effective, and the provisions of other documents formulated pursuant to
this Plan shall be effective until the termination date as shown on Table A.
After the expiration of the effective term of the Plan, the Agency shall have no
authority to act pursuant to the Plan except to pay previously incurred indebtedness
and to enforce existing covenants or contracts. However, if the Agency has not
completed its housing obligations pursuant to Section 33333.8 of the Redevelopment
Law, the Agency shall retain its authority to implement requirements under 33333.8,
including the ability to incur and pay indebtedness for this purpose, and shall use this
authority to complete these housing obligations as soon as is reasonably possible.
(1005)Time Frame to Collect Tax Increment Revenue
Except as otherwise provided herein or by Redevelopment Law, the time limitation for
the receipt of tax increment and the payment of indebtedness with the tax increment
pursuant to Section 33670 of the Redevelopment Law the termination date of
revenue, as represented on Table A.
SECTION XI (1100) PROCEDURE OF AMENDMENT
This Plan may be amended by means of the procedure established in Sections
33450-33458 of the Redevelopment Law or by any other procedure hereafter
established by law.
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Merged Redevelopment Project No. 1
Exhibit A-Project Area Map
ROSENOW SPEVACEK GROUP,INC. PAGE 29
AMENDED AND RESTATED REDEVELOPMENT PLAN
MERGED REDEVELOPMENT PROJECT NO.1
HIGHLAND-' GATEWAY
CITYWIDE PROJECT AREA NO. 9
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PROJECT AREA MAP
MERGED PROJECT AREA NO.1
COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS
ROSENOW SPEVACEK GROUP, INC. PAGE 30
Amended and Restated Redevelopment Plan
Merged Redevelopment Project No. 1
Exhibit B-Legal Description
ROSENOW SPEVACEK GROUP,INC. PAGE 31
AMENDED AND RESTATED REDEVELOPMENT PLAN
MERGED REDEVELOPMENT PROJECT NO. 1
CENTRAL BUSINESS DISTRICT REDEVELOPMENT PROJECT AREA
LEGAL DESCRIPTION
In the City of Palm Springs, County of Riverside, and the State of California, beginning at the
point of intersection of the Southerly prolongation of the Westerly line of Belardo Road with
the Southerly line of Ramon Road;
Thence, Easterly along the Southerly line of Ramon Road to the Easterly line of Indian
Avenue;
Thence, Northerly along the Easterly ine of Indian Avenue to the Northerly line of Granvia
Valmonte;
Thence, Westerly along the Northerly line of Granvia Valmonte to the Easterly line of Palm
Canyon Drive;
Thence, Northerly along the Easterly line of Palm Canyon Drive to the Easterly prolorgation
of the Northerly line of lot 125 of Merito Vista Tract;
Thence, Westerly along said Easterly prolongation and said Northerly line to the Westerly line
of said Lot 125;
Thence, Southerly along said Westerly line to the Southerly line of Lot 122 ofMerito Vista
Tract;
Thence, Westerly along said Southerly line and its Westerly prolongation to the Westerly line
of Belardo Road;
Thence, Southerly along the Westerly line of Belardo Road to the Southerly line of Alejo
Road, being the Northerly line of the O'Donnell Golf Course;
Thence, Easterly along the Southerly line of Alejo Road to the Westerly line of Belardo Road;
Thence, Southerly along the Westerly line of Belardo Road and the Easterly line of the
O'Donnell Golf Course to the Southeast cornerof said Golf Course;
Thence, Westerly along the Southerly line of the O'Donnell Golf Course to the toe of the San
Jacinto Mountains;
Thence, in a Southerly direction along the toe of said Mountains to a point of intersection with
the Westerly prolongation of the Southerly line of Tahquitz McCallum Way;
Thence Easterly along said Western prolongation and along the Southerly line of Tahquita
McCallum Way to the Westerly line of Belardo Road;
Thence, Southerly along the Westerly line of Belardo Road to thepoint of beginning.
ROSENOW SPEVACEK GROUP, INC. PAGE 32
AMENDED AND RESTATED REDEVELOPMENT PLAN
MERGED REDEVELOPMENT PROJECT NO. 1
SOUTH PALM CANYON REDEVELOPMENT PROJECT AREA
LEGAL DESCRIPTION
Those portions of Sections 3, 22 and 23 of Township 4 South, Range 4 East, San Bernardino
base and meridian, in the City of Palm Springs, County of Riverside, State of California,
described as follows:
Beginning at the intersection of the centerline of East Palm Canyon Drive and the centerline
of Via Salida, which point is on the South line of said Section 23;
Thence North 0003'00" East, along said centerline of Via Salida, a distance of 659.48 feet to
the intersection of the centerline of Avenida Olancha;
Thence South 89034'00" West, along said centerline of Avenida Olancha, a distance of
270.00 feet to the intersection of the centerline of Via Soledad;
Thence North 0003'00" East, along said centerline of Via Soledad, a distance of 660 feet, to
the intersection of the centerline of Sonora Road;
Thence South 89034'00" West, along said centerline of Sonora Road, a distance of 201.43
feet to the intersection of the Southerly prolongation of the common lot line between Lots 56
and 57 of Palos Verdes Tract No. 3, recorded in Book 17, Page 86 of Maps, Records of
Riverside County, California;
Thence North along said common lot line between Lots 56 and 57, Lots 21 and 22 Lds 14
and 15 of said Palos Verdes Tract No. 3 and their prolongations, a distance of 656.87 feet to
the centerline Ocotillo Avenue;
Thence East along said centerline, a distance of 10 feet to the Southerly prolongation of the
common lot line between Lots 21 and 22 of Palos Verdes Tract No. 2, recorded in Book 17,
Page 54 of Maps, Records of Riverside County, California;
Thence North along said common lot line to the North line of said Lot 21;
Thence West along said Northerly line, 10 feet to the common bt line between Lots 14 and
15 of said Palos Verdes Tract No. 2;
Thence along said common lot line and its Northerly prolongation to the centerline of Palo
Verde Avenue;
Thence West 20 feet, along said centerline to the Southerly prolongation of the common lot
line between Lots 25 and 26 of said Palos Verdes Tract recorded in Book 17, Page 14 of
Maps, Records of Riverside County;
Thence North along said common lot line to the North lot line of said Lot 25;
Thence West 15 feet, along said North lot lineto the common lot line between Lots 18 and 19
of said Palos Verdes Tract;
ROSENOW SPEVACEK GROUP, INC. PAGE 33
AMENDED AND RESTATED REDEVELOPMENT PLAN
MERGED REDEVELOPMENT PROJECT NO. 1
Thence Northerly along said common lot line to the intersection of Mesquite Avenue;
Thence North 89130'00" East, a distance of 535.87 feet to the intersection of the centerline of
Random Road;
Thence North 15156'30" East, along said centerline, a distance of 570.57 feet to the
beginning of a tangent curve, concave Southeasterly, having a radius of 159.51 feet;
Thence Northerly and Easterly along the arc of said curve, through a central angle of
90007'30", a distance of 250.90 feet to the beginning of a reverse curve concave Northerly,
having a radius of 2,999.85 feet, a radial line through said point bears South 1 @02'30"West;
Thence Easterly along the are of said curve to the intersection of the Southerly prolongation
of the centerline of Calle Palo Fierro;
Thence North 0026'00" West, along said centerline of Calle Palo Fierro, a distance of 735
feet, more or less, to the intersection of the centerline of Sunny Dunes Road;
Thence North 0030' 00" East, along said centerline of said Calle Palo Fierro, a distance of
402.50 feet to the intersection of the centerline of Calle Roca;
Thence South 89°38'30"West, along said centerline of Calle Roca, a distance of 667.68 feet
to a point on the Westerly right-of-way line of Calle Chia;
Thence North 0128'00" East, along said Westerly right-of-way line of Calle Chia to the
intersection of the centerline of Camino Parocela;
Thence South 89038'30" West, along said centerline of Camino Parocela, a distance of
121.23 feet, to the intersection of the centerline of Calle Encilia;
Thence North 0°26'00" East, along said centerline, a distance of 660.93 feet to the
intersection of the centerline of Ramon Road, which line is also the North line ofsaid Section
23;
Thence South 89036'00" West, along said centerline, a distance of 526.60 feet to the
intersection of the centerline of Indian Avenue, which point is also the Northwest corner of
said Section 23 and the Northeast corner of said Section 22;
Thence continuing along the centerline of Ramon Road, North 89'40'40"West, a distance of
699.97 feet to the intersection of Belardo Road;
Thence South 0015'35"West, along said centerline of Belardo Road a distance of 150.00 feet
to the beginning of a tangent curve, concave Easterly having a radius of 500.00 feet;
Thence Southerly along the arc of said curve, through a central angle of 15'30'00", a
distance of 135.26 feet;
Thence tangent to said curve South 15'15'25" East, a distance of 13.58 feet to the beginning
of a tangent curve concave Westerly, having a radius of 500.00 feet;
ROSENOW SPEVACEK GROUP,INC. PAGE 34
AMENDED AND RESTATED REDEVELOPMENT PLAN
MERGED REDEVELOPMENT PROJECT NO. 1
Thence Southerly along the arc of said curve, through a central angle of 1630'00", a
distance of 135.26 feet;
Thence tangent to said curve South O'15'35" West, a distance of 890.69 feet to a point of
intersection with the centerline of Sunny Dunes Road;
Thence South 0113'44" West, along the Southerly prolongation of the centerline of Belardo
Road, a distance of 1322.81 feet to a point of intersection with the centerline 6 Mesquite
Avenue;
Thence South 0014' 06" West, along said centerline of Selardo Road, a distance of 989.49
feet to a point of intersection with the centerline of Morongo Road;
Thence South 0022'06"West, a distance of 329.79 feet;
Thence South 0038'02"West, a distance of 986.75 feet;
Thence continuing South 0038'02" West, a distance of 330 feet to the South line of said
Section 22; which is also the Westerly prolongation of the centerline of East Palm Canyon
Drive;
Thence along said prolongated centerline, a distance of 1,387.68 feet to the point of
beginning.
ROSENOW SPEVACEK GROUP, INC. PAGE 35
AMENDED AND RESTATED REDEVELOPMENT PLAN
MERGED REDEVELOPMENT PROJECT NO. 1
RAMON-BOGIE REDEVELOPMENT PROJECT AREA
LEGAL DESCRIPTION
Those portions of Sections 17, 18, 19 and 20 in Township 4 South, Range 5 East, San
Bernardino base and meridian in the City of Palm Springs, County of Riverside, State of
California, described as follows:
Beginning at the corner common to said Section 17, 18, 19 and 20, said point being the
intersection of the centerline of Ramon Road and Bogie Road;
Thence North 89041'00" West, along the centerline of said Ramon Road and the common
Section Line between said Section 18 and 19, a distance of 1342.34 feet to a point of
intersection with the centerline of Vella Road;
Thence South 0010'30" East, along the centerline of said Vella Road,a distance of 1315,67
feet to a point of intersection with the centerline of Sunny Dunes Road;
Thence continuing South 0°10'30" East, along said centerline of Vella Road, a distance of
1315.67 feet to a point of intersection with the centerline of Mesqute Avenue, said centerline
of Mesquite Avenue being the East-West centerline of said Section 19;
Thence South 89053'52" East, along said East-West centerline and said centerline of
Mesquite Avenue, a distance of 1347.56 feet to the East 1/4 corner of saidSectionl9, being
a point of intersection with the centerline of Bogie Road, said point also being the Westerly
1/4 corner of said Section 20.
Thence South 89030'30" East, along the East-West centerline of said Section 20, a distance
of 2607.60 feet to the center 1/4 corner of said Section 20;
Thence North 89056'00" East, along said East-West centerline, a distance of 2641.94 feet to
the East 1/4 corner of said Section 20, being on the Easterly boundary line of said City of
Palm Springs;
Thence North 0012'40" East, along the East line of said Section 20 and the Easterly boundary
of said City, a distance of 2648.63 feet to the Northeast corner of said Section which point is
also the centerline of Ramon Road;
Thence South 89048'20"West, along the North Ine of said Section 20, being the centerline of
Ramon Road, a distance of 2638.18 feet to the North 1/4 corner of said Section 20;
Thence South 89048'26" West, along said Northerly line of Section 20 and the centerline of
Ramon Road, a distance of 1319.04 feet to the Northeast corner of the West '/ of the
Northwest 1/4 of Section 20, being a point on the centerline of Ramon Road, said point also
being the Southeast corner of the Southwest 1/4 of the Southwest 1/4 of said Section 17;
Thence North 0012'40"West, along the East line of said Southwest 1/4 of the Southwest 1/4
of Section 17, a distance of 1321.37 feet to the Northeast corner of said Southwest 1/4 of the
Southwest 1/4;
ROSENOW SPEVACEK GROUP, INC. PAGE 36
AMENDED AND RESTATED REDEVELOPMENT PLAN
MERGED REDEVELOPMENT PROJECT NO.1
Thence South 89030'30" West, along the North line of said'Southwest 1/4 of the Southwest
1/4 of Section 17, a distance of 1320.96 feet to the Northwest corner of said Southwest 1/4 of
the Southwest 1/4 being a point on the common Section Line between said Sections 17 and
18;
Thence North 0°18'00" West, along said common Section Lire, a distance of 249.54 feet,
said point being a point of intersection with the centerline of Mission Drive;
Thence South 89040'30" West, along the Westerly extension of the centerline of Mission
Drive, a distance of 53.62 feet to the beginning of a tangent curve concave Southerly, having
a radius of 300.00 feet;
Thence Westerly along the arc of said cure, through a central angle of 1 P34'40", a distance
of 92,04 feet;
Thence tangent to said cure South 72005'50" West, a distance of 86.96 feet to a poirt of
intersection with the centerline of Bogie Road, said point being a point on the arc of a nor}
tangent curve concave Westerly, having a radius of 4850 feet, a radial line passing through
said point bears North 72005'50" East;
Thence Southerly along the arc of said curve through a central angle of 1P3610", a distance
of 1490.05 feet to a point on the East line of said Section 18;
Thence South 0018'00" East, along said Easterly Section Line, a distance of 62.90 feet to the
point of beginning.
ROSENOW SPEVACEK GROUP,INC. PAGE 37
AMENDED AND RESTATED REDEVELOPMENT PLAN
MERGED REDEVELOPMENT PROJECT NO. 1
OASIS REDEVELOPMENT PROJECT AREA
LEGAL DESCRIPTION
That portion of Section 15, Township 4 South, Range 4 East, San Bernardino base and
meridian in the City of Palm Springs, County of Riverside, described as follows;
Beginning at the point of intersection of fie Southerly right-of-way line of Tahquitz-McCallum
Way and the Westerly right-of-way line of Belardo Road;
Thence South 89151'00" West, along said Southerly right-of-way line of Tahquitz-McCallum
Way, a distance of 282.50 feet;
Thence continuing along said Southerly right-of-way line of Tahquitz-McCallum Way South
89048'42"West, a distance of 356.56 feet;
Thence continuing further along said Southerly right-of-way line of Tahquitz McCallum Way,
South 89°47'22"West, a distance of 548.02 feet;
Thence South 52100'02" West; a distance of 36.10 feet to the beginning of a tangent curve
concave Easterly having a radius of 25.0 feet;
Thence Southwesterly, Southerly and Southeasterly along the are of said curve, through a
central angle of 79°22'00", a distance of 34.63 feet;
Thence tangent to said curve South 2721'58" East, a distance of 34.88 feet;
Thence South, 77°38'45"West, a distance of 318.03 feet;
Thence South, 44124'30"West, a distance of 94.63 feet;
Thence South, 45035'22" East, a distance of 12.74 feet;
Thence South, 68°25"15" East, a distance of 98.09 feet;
Thence South, 62'11'15" East, a distance of 19.32 feet to the beginning of a tangent curve,
concave Southwesterly, having a radius of 14.48 feet;
Thence Southeasterly along the arc of sad curve, through a central angle of 16130'00", a
distance of 4.17 feet to the beginning of a reverse curve concave Northeasterly having a
radius of 54.48 feet, a radial line passing through said point bears South 44118'45"West;
Thence Southeasterly along the arc of said curve, through a central angle of 16130'00", a
distance of 15.69 feet;
Thence tangent to said curve South 62'11'15" East, a distance of 14.10 feet to a point on the
Northerly right-of-way line of Tahquitz Drive, said point on the arc of a curve concave
ROSENOW SPEVACEK GROUP, INC. PAGE 38
AMENDED AND RESTATED REDEVELOPMENT PLAN
MERGED REDEVELOPMENT PROJECT NO.1
Southeasterly, having a radius of 100.00 feet, a radial line passing through said point bears
North 2705113"West;
Thence Easterly along the arc of said curve, through a central angle of 1�29'58", a distance
of 27.05 feet;
Thence tangent to said curve North 7738'45" East, a distance of 13.98 feet;
Thence South 18005'28"West, a distance of 49.58 feet;
Thence South 44024'34" West, a distance of 27.09 feet to the beginning of a tangent curve,
concave Southeasterly, having a radius of 18.0 feet;
Thence Southwesterly along the arc of said curve, through a central angle of 3956"33", a
distance of 12.23 feet to a point on the Southeasterly rightof-way line of said Tahquitz Drive,
a radial line passing through said point bears North 84131'55"West;
Thence South 44°24'38"West, along said right-of-way line, a distance of 137.55 feet;
Thence North 89°47'00" East, a distance of 1026.04 feet;
Thence South 0109'43" East, a distance of 50.00 feet,
Thence North 89047'00" East, a distance of 225.7 feet to a point on the centerline of Cahuilla
Road;
Thence South 0°09'43" East, along said centerline of Cahuilla Road, a distance of 125.00
feet to a point of intersection with the centerline of Arenas Road;
Thence North 89°47'00" East, along said oenterline of Arenas Road, a distance of 282.50 feet
to a point of intersection with the Westerly right-of-way line of Belardo Road as said Westerly
right-of-way line is shown on the map of the Township of Palm Springs, according to map
thereof recorded in Book 9, Page 432 of Maps, Records of San Diego County, California.
Thence North 0008'00" West, along said Westerly right-of way line of Belardo Road, a
distance of 628.85 feet to a point of beginning.
ROSENOW SPEVACEK GROUP,INC. PAGE 39
AMENDED AND RESTATED REDEVELOPMENT PLAN
MERGED REDEVELOPMENT PROJECT NO. 1
NORTH PALM CANYON REDEVELOPMENT PROJECT AREA
LEGAL DESCRIPTION
That portion of Section 10 and 11 in Township 4 South, Range 4 East, San Bernardino
base and meridian, in the City of Palm Springs, County of Riverside, State of California,
described as follows:
Beginning at the intersection of the centerline of East Vista Chino and that of Indian Avenue
which point is also the Northeast corner of said Section 10, thence South 8953'00" West,
along the Northerly line of said Section 10, being also the centerline of Vista Chino, a
distance of 636.92 feet to a point of intersection with the centerline of Wawona Road;
Thence South 0°03'00" East, along said centerline of Wawona Road, a distance of
660.36 feet to a point of intersection with the centerline of Stevens Road;
Thence North 89050'00" East, along the centerline of said Stevens Road, a distance of
44.74 feet to a point of intersection with the Northerly prolongation of the Westerly
boundary line of Tract No. 3630, according to map thereof recorded in Book 62, Page 14
of Maps, Records of Riverside County, California;
Thence South 0010'00" East, along said Northerly prolongation and along said Westerly
boundary line, a distance of 251.88 feet to an angle point therein;
Thence South 49030'58" West, a distance of 147.53 feet to the most Southerly corner of
said Tract No. 3630;
Thence South 57016'06" West, a distance of 25.00 feet to a point in the centerline of
Camino Norte, said point being a point on the arc of a non-tangent curve concave
Southwesterly, having a radius of 91.04 feet, a radial line passing through said point
bears North 57016'06" East;
Thence Southerly along the arc of said curve, through a central angle of 32°33'54", a
distance of 51.74 feet;
Thence tangent to said curve South 0010'00" East, along said centerline of Camino
Norte, a distance of 100.00 feet; .
Thence North 89050'00" East, a distance of 25.00 feet;
Thence South 80054'00" East, a distance of 131.72 feet;
Thence South 0010'00" East, a distance of 0.07 feet;
Thence North 89050'00" East, a distance of 151.53 feet to a point on a line, that is parallel
with and 50.00 feet Westerly of the centerline of North Palm Canyon Drive;
Thence South, along said parallel line, a distance of 1209.79 feet;
Thence South 84052'00" West, a distance of 293.68 feet;
Thence South 89050'00" West, a distance of 25.00 feet to a point in the centerline of Camino
Del Corto;
ROSENOW SPEVACEK GROUP, INC. PAGE 40
AMENDED AND RESTATED REDEVELOPMENT PLAN
MERGED REDEVELOPMENT PROJECT NO. 1
Thence South 0010'00" East, along the centerline of said Camino Del Corto, a distance
of 329.58 feet to a point of intersection with the centerline of Via Lola;
Thence North 89036'00" East, along the centerline of said Via Lola, a distance of 136.48
feet;
Thence South 0009'00" East, a distance of 378.80 feet to a point on the Northerly right-
of-way line of Hermosa Place, said point being a point on the arc of a non-tangent curve
concave Southerly, having a radius of 160.00 feet, a radial line passing through said
point bears North 13054'06"West;
Thence Easterly along said Northerly right-of-way line and along said arc, through a
central angle of 13030'06", a distance of 36.27 feet to a point in the arc of said curve, a
radial line passing through said point bears North 0024'00"West;
Thence South 0024'00" East, along said radial line, a distance of 60.00 feet to the
Southerly right-of-way line of said Hermosa Place said point being the beginning of a
non-tangent curve concave Southeasterly having a radius of 100.00 feet, a radial line
passing through said point bears North 0°24'00"West;
Thence Westerly, Southwesterly and Southerly along the arc of said curve, through a
central angle of 90015'00", a distance of 157.52 feet;.
Thence South 0009'00" East, a distance of 186.45 feet;
Thence North 89036'00" East, a distance of 132.30 feet;
Thence South 0009'00" East, a distance of 253.55 feet;
Thence South 89036'00"West, a distance of 131.83 feet;
Thence South 0009'00" East, a distance of 400.00 feet to a point on the Easterly right-of-
way line of Prescott Drive;
Thence continuing South 0009'00" East, a distance of 40.00 feet to the beginning of a
tangent curve concave Northeasterly, having a radius of 100.00 feet;
Thence Southerly, Southeasterly and Easterly along the arc of said curve, a distance of
156.64 feet to a point on the Northerly right-of-way line of Merito Place, a radial line
passing through said point bears South 0024'00" East;
Thence South 0024'00" East, along the Southerly prolongation of said radial line, a
distance of 60.00 feet to the Southerly right-of-way line of said Merito Place, said point
being the beginning of a non-tangent curve concave Northeasterly, having a radius of
160.00 feet, a radial line passing through said point bears South 0024'00" East;
Thence Westerly along the arc of said curve, through a central angle of 1 T47'27" (record
11045'59"), a distance of 45.27 feet to a point on the arc of saidcurve, a radial line passing
through said point bears South 11023'27"West;
ROSENOW SPEVACEK GROUP, INC. PAGE 41
AMENDED AND RESTATED REDEVELOPMENT PLAN
MERGED REDEVELOPMENT PROJECT NO. 1
Thence South 0009'00" East, a distance of 166.35 feet;
Thence South 89036'00" West, a distance of 290.00 feet to a point on the centerline of
Belardo Road;
Thence South 0°09'00" East, along said centerline of Belardo Road, a distance-of
221.05 feet;
Thence North 89045'00" East, a distance of 265.00 feet;
Thence North 0°09'00" West, a distance of 111.70 feet;
Thence North 89036'00" East, a distance of 234.78 feet to a point in the centerline of
North Palm Canyon Drive;
Thence South, along said centerline of Palm Canyon Drive, a distance of 97.50 feet to a
point of intersection with the centerline of Granvia Valmonte;
Thence North 89040'00" East, along the centerline of said Granvia Valmonte, a distance
of 356.47 feet to a point of intersection with the centerline of Indian Avenue, being a
point on the common section line between said Sections 10 and 11;
Thence South 0°03'00" East, along the centerline of said Indian Avenue and said
common section line, a distance of 532.90 feet to a point on a line that is parallel with
and 50.00 feet Northerly of the Southerly line of said Section 10, which line is also the
centerline of Via Alejo;
Thence South 89159'00" East, along said parallel line, a distance of 390.20 feet to a
point on the west line of Lot 5 of Palm Springs Estates, according to map thereof
recorded in Book 15, Page 43 of Maps, records of Riverside County, California;
Thence North 0001'00" East, along said Westerly lot line, a distance of 82.95 feet to the
Northwest corner of said Lot 5;
Thence South 89057'00" East, along the Northerly line of said Lot 5, a distance of 55.00
feet;
Thence North 0003'00" East, a distance of 25.00 feet to a point in the centerline of Via
Colusa, said point being the beginning of a non-tangent curve concave Northeasterly,
having a radius of 125.00 feet, a radial line passing through said point bears South
0003'00"West;
Thence Westerly, Northwesterly and Northerly along the arc of said cure, through a
central angle of 89°58'00", a distance of 196.28 feet to a point in the centerline of Via
Chica;
Thence North 0001'00" East, along the centerline of said Via Chica, a distance of 600.00
feet to the beginning of a tangent cure concave Southeasterly, having a radius of
125.00 feet;
ROSENOW SPEVACEK GROUP, INC. PAGE 42
AMENDED AND RESTATED REDEVELOPMENT PLAN
MERGED REDEVELOPMENT PROJECT NO.1
Thence Northerly, Northeasterly and Easterly along the arc of said curve, through a
central angle of 90002'00", a distance of 196.42 feet to a point in the centerline of Via
Altamira, a radial line passing through said point bears North 0003'00" East;
Thence North 8905700" West, along said centerline of Via Altamira, a distance of 170.00
feet;
Thence North 0003'00" East, a distance of 311.61 feet to a point in the centerline of Tamarisk
Road;
Thence South 89056'00" East, along the centerline of said Tamarisk Road, a distance of
53.60 feet to a point of intersection with the centerline of Avenida Olivos;
Thence North 0002'45" West, along the centerline of said Avenida Olivos, a distance of
645.15 feet;
Thence West, a distance of 137.50 feet;
Thence North 0002'45"West, a distance of 545.00 feet;
Thence West, a distance of 117.50 feet to a point on a line that is parallel with and 50.00
feet Easterly of the West line of said Section 11, being the centerline of Indian Avenue;
Thence North 0102'45" West, along said parallel line, a distance of 699.46 feet to a point
of intersection with the centerline of Paseo El Mirador;
Thence North 89055'00" East, along the centerline of said Paseo El Mirador, a distance
of 610.15 feet to a point on intersection with the centerline of Avenida Palos Verdes,
Thence North, along the centerline of said Avenida Palos Verdes, a distance of 790.33
feet;
Thence North 89058'00" East, a distance of 230.81 feet;
Thence North, a distance of 395.08 feet;
Thence South 89058'00"West, a distance of 229.88 feet;
Thence North, a distance of 129.55 feet to a point in the centerline of Chuckwalla Road;
Thence South 89058'00" West, along said centerline of Chuckwalla Road, a distance of
194.57 feet to a point of intersection with the centerline Chaparral Road;
Thence North, along said centerline of Chaparral Road, a distance of 530.00 feet to a
point of intersection with the centerline of Vista Chino, said point being a point on the
Northerly line of said Section 11;
Thence South 89058'00" West, along said centerline of Vista Chino and the Northerly line of
Section 11, a distance of 468.33feet to the point of beginning.
ROSENOW SPEVACEK GROUP,INC. PAGE 43
AMENDED AND RESTATED REDEVELOPMENT PLAN
MERGED REDEVELOPMENT PROJECT NO. 1
HIGHLAND-GATEWAY REDEVELOPMENT PROJECT AREA
LEGAL DESCRIPTION
That portion of Sections 34 and 35, Township 3 South, Range 4 East, San Bernardino base
and meridian, in the City of Palm Springs, County of Riverside, as shown and delineated on
Record of Survey recorded in Book 56, Pages 29 through 32 of Records of Survey, Ibcords
of Riverside County, described as follows:
BEGINNING at a point of intersection of the centerline of Indian Avenue with the
centerline of San Rafael Drive, being the common section corner between Sections 34
and 35, Township 3 South, Range 4 East and Sections 2 and 3, Township 4 South,
Range 4 East;
Thence South 89046'27.7" East, along the centerline of said San Rafael Road and the South
line of said Section 35, a distance of 700.00 feet;
Thence North 0015'48.2" East, parallel with the West line of said Section 35, a distance of
1320.00 feet;
Thence North 89046'27.7"West, a distance of 700.00 feet to the West line of said Section 35;
Thence North 0015'48.2" East, along said West line, a distance of 1312.18 feet to an angle
point therein;
Thence North 0119'28.6" East, a distance of 1306.12 feet to a point on the South line of the
Whitewater Channel;
Thence South 89045'17" West, along said South line, a distance of 2268.18 feet to the
beginning of a tangent curve concave Southerly having a radius of 10,000.00 feet;
Thence Westerly along the Arc of said curve through a central angle of 1P1600", a distance
of 3010.70 feet;
Thence South 72030'17" West, a distance of 46.78 feet to the West line of said Section 34;
thence South 0°30'09.6" West, along said West line, a distance of 770.37 feet to the East-
West centerline of said Section 34;
Thence South 89021'49.5" East, along said East -West centerline, a distance of 2637.75 feet
to the center of said Section 34;
Thence South 0008'00"West, along the North-South centerline, a distance of 1182.34 feet;
Thence North 89152'00"West, a distance of 151.00 feet;
Thence South 0°08'00"West, a distance of 14.00 feet;
Thence North 89052'00" West, a distance of 600.00 feet; thence North O'08'00" East, a
distance of 17.83 feet; thence North 89 52'00"West, a distance of 602.00 feet;
Thence North 0008'00" East, a distance of 42.72 feet; thence North 8952'00" West, a
distance of 151.00 feet;
ROSENOW SPEVACEK GROUP, INC. PAGE 44
AMENDED AND RESTATED REDEVELOPMENT PLAN
MERGED REDEVELOPMENT PROJECT NO. 1
Thence South 0008'00" West, a distance of 304.26 feet; thence North 89 52'00" West, a
distance of 125.00 feet to a point on the centerline of Pamela Drive;
Thence South 0°08'00" West, along said centerline, a distance of 137.30 feet to a point of
intersection with the centerline of Gateway Drive, said calterline being a curve concave
Southerly, having a radius of 500.00 feet, a radial line passing through said point of
intersection bears North 2054'09"West;
Thence Easterly along the arc of said curve and said centerline of Gateway Drive, through a
central angle of 5010'09", a distance of 45.11 feet;
Thence South 2016'00" East, a distance of 30.00 feet to the beginning of a non-tangent curve
concave Southerly having a radius of 470.00 feet, a radial line passing through said point
bears North 2'16'00"West;
Thence Westerly along the arc of said curve through a central angle of 5132'37", a distance of
45.47 feet to a point on the arc of said curve, a radial line passing through
said point bears North 7048'37"West;
Thence South 56124'23" East, a distance of 456.84 feet;
Thence North 87°47'09" East, a distance of 94.12 feet;
Thence South 82137'51" East, a distance of 198.00 feet;
Thence South 70041'51" East, a distance of 278.00 feet;
Thence South 84031'51" East, a distance of 521.00 feet;
Thence South 74056'51" East, a distance of 181.27 feet;
Thence South 0010'42"West, a distance of 96.17 feet;
Thence South 89045'43" East, a distance of 494.23 feet to a point on the centerline of
McCarthy Road;
Thence North 0008'42" East, a distance of 139.89 feet;
Thence South 89041'53" East, a distance of 494.29 feet;
Thence North 0006'58" East, a distance of 300.00 feet to a point in the South line of Radio
Road;
Thence South 89041'53" East, a distance of 329.46 feet;
Thence South 0008'20"West, a distance of 989.31 feet to the South line of said Section 34;
Thence South 89054'57.5" East, along said South line of said Section 34, a distance of
1317.77 feet to the point of beginning.
ROSENOW SPEVACEK GROUP, INC. PAGE 45
AMENDED AND RESTATED REDEVELOPMENT PLAN
MERGED REDEVELOPMENT PROJECT NO. 1
REDEVELOPMENT PROJECT AREA NO. 9
LEGAL DESCRIPTION
PARCEL A
Commencing at the intersection of the Easterly line of Indian Avenue, 90 feet wide, with
the Southerly line of Vista Chino, 44 feet wide;
Thence Westerly along said Southerly line of Vista Chino 695 feet more or less to the
Southerly prolongation of the Easterly line of the County of Riverside Assessor's Parcel
0504-310-18;
Thence Northerly along last said Easterly line, 330 feet, to the Southerly line of Parcel 1 of
Parcel Map 12937 per map recorded in Book 4, Pages 51 through 53;
Thence South 89045'00" West, 306.45 feet and North 0'16' 07" East, 990 feet along the
Southerly and Westerly lines, and the Northerly prolongation of said Parcel 1 to the
centerline of Via Escuela, 60 feet wide;
Thence Westerly along said centerline of Via Escuela to the Southerly prolongation of the
Westerly line of Junipero Avenue, 60 feet wide;
Thence Northerly along said Westerly line to the Southerly line of San Marcos Way, 60 feet
wide;
Thence Westerly along said Southerly line of San Marcos Way and its Westerly plolongation
to the Northwesterly line of Tramway Road, 100 feet wide;
Thence Northeasterly along said Northwesterly line and its prolongation to the Northeasterly
line of State Highway 111, 82 feet wide;
Thence Southwesterly along said Northeasterly line of State Highway 111 and its
prolongations to the Northwesterly line of Yorba Road, 60 feet wide;
Thence Northeasterly along last said Northwesterly line and its prolongation to the
Northeasterly line of Los Felices Road, 60 feet wide;
Thence Southeasterly along said Northeasterly line of Los Felices Road and its
prolongations to the Northerly line of Alvarado Road, 60 feet wide;
Thence Easterly along said Northerly line of Alvarado Road to the Westerly line of De Anza
Road, 60 feet wide;
Thence Southerly along last said Westerly line and its prolongation to the Northerly line of
Cortez Road, 60 feet wide;
Thence Easterly along said Northerly line of Cortez Road to the Westerly line of Zanjero
Road, 30 feet wide;
Thence Southerly along said Westerly line of Zanjero Road to the Northerly line of Racquet
Club Road, 79 feet wide;
ROSENOW SPEVACEK GROUP, INC. PAGE 46
AMENDED AND RESTATED REDEVELOPMENT PLAN
MERGED REDEVELOPMENT PROJECT NO. 1
Thence Easterly along said Northerly line of Racquet Club Road and its prolongation to its
Northerly prolongation of Easterly line of Parcel 1 of a Parcel Map recorded in Book 1Q Page
93 of Maps;
Thence Southerly 702 feet to the Southeast corner of said Parcel 1;
Thence Westerly 331 feet along the Southerly boundary of said Parcel 1 to said Easterly line
of Indian Avenue;
Thence Southerly along said Easterly line of Indian Avenue to the point of beginning.
Contains 144.75 acres
PARCEL B
Commencing at the intersection of the Northerly line of Vista Chino Road, 60 feet wide
with the Northerly prolongation of the Westerly line of Chaparral Road, 50 feet wide;
Thence Southerly along said Chaparral Road and its Southerly prolongation to the Southerly
line of Chuckwalla Road, 60 feet wide;
Thence Easterly along said Southerly line of Chuckwalla Road to the Northwest corner of Lot
45 of Tract 17110 recorded in Book 140, Pages 37 and 38, of Maps;
Thence South 0003'00" East, 99.65 feet along the Westerly line of said Lot 45 to a line
parallel with and distant Southerly 100 feet, measured at right angles to said Southerly line of
Chuckwalla Road, said parallel line also being the Southerly line of said Lot 45;
Thence Easterly along said parallel line 2020 feet, more or less, to the Westerly line of
Avenida Caballeros, 88 feet wide;
Thence Southerly along said Westerly line of Avenida Caballeros to the Westerly
prolongation of the Southerly line of Riverside County Assessor's Parcel Number 0507-010-
31;
Thence South 89054'00" East, 393 feet, North 8T50'57" East, 712.94 feet and South
89055'30" East, 317.64 feet along last said Southerly line to the Southwest corner of a Parcel
Map recorded in Book 17, Page 7 of Parcel Maps;
Thence Easterly along the Southerly line of said Parcel Map to the Northwest corner of
Riverside County Assessor's Parcel Number 0507-010-26;
Thence Southerly and Easterly along the boundary of last Assessor's Parcel Number to the
Westerly line of Sunrise Way, 88 feet wide;
Thence Northerly along the Westerly line of Sunrise Way and its prolongation to said
Northerly line of Vista Chino;
Thence Westerly along said Northerly line of Vista Chino to the point of beginning.
Contains 85.36 acres
PARCEL C
Commencing at the intersection of the Northerly line of San Rafael Road with the Westerly
ROSENOW SPEVACEK GROUP,INC. PAGE 47
AMENDED AND RESTATED REDEVELOPMENT PLAN
MERGED REDEVELOPMENT PROJECT NO. 1
line of Sunrise Way;
Thence Northerly along said Westerly line of Sunrise Way and its prolongation to the West
114 corner of Section 36 Township 3 South, Range 4 East, SBBM;
Thence Easterly along the Northerly line of the Southwest 1/4 of said Section 36 to the City
Boundary of the City of Palm Springs;
Thence Southerly, Easterly and Southerly along said City Boundary to is intersection with
the Southwesterly line of an easement to the Coachella Valley Water District;
Thence Northwesterly along said Southwesterly line of easement to Coachella Valley Water
District in a direct line to the Southerly line of said Section 36;
Thence Westerly along said Southerly line of Section 36 to the South 1/4 corner of said
Section 36;
Thence Northerly along the Easterly line of the Southwest 1/4 of Section 36 to its intersection
with the Northerly boundary of the Palm Springs Country pub, said intersection being distant
Northerly 420.18 feet from said South 1/4 corner of said Section
36;
Thence South 89049'30" West, 88.54 feet, North 3&31'05" West, 475.46 feet, North
47054'40"West 450 feet, North 61032'15"West, 350.00 feet, North 23011'55"West, 200 feet,
South 80049'30" West 490 feet, South 74°57'25" West, 200 feet, South 57°58'15" West,
386.285 feet, South 05°23'55" East 518.66 feet and South 05009'07" West, 300 feet along
said boundary of Palm Springs Country Club to the Southery line of said Section 36;
Thence Westerly along said Southerly line of Section 36 to the point of beginning.
Contains 89.54 acres
PARCEL D
Commencing at the intersection of the Northerly line of Ramon Road with the Northerly
prolongation of the Westerly line of Calle Encelia;
Thence Southerly along said Westerly line of Calle Encelia and its prolongations to the
Southerly line of Camino Parocela;
Thence Easterly along said Southerly line of Camino Parocela to the Westerly line of Calle
Chia;
Thence Southerly along said Westerly line of Calle Chia to the Southerly line of Calle Roca;
Thence Easterly along said Southerly line of Calle Roca to the Westerly line of Calle Palo
Fierro;
Thence Southerly along said Westerly line of Calle Palo Fierro and is prolongation to the
Southerly line of North Riverside Drive;
Thence Easterly along said Southerly line of North Riverside Drive to the Southerly
prolongation of the Easterly line of Camino Real to the Southerly line of said Camino
Parocela;
ROSENOW SPEVACEK GROUP, INC. PAGE 48
AMENDED AND RESTATED REDEVELOPMENT PLAN
MERGED REDEVELOPMENT PROJECT NO. 1
Thence Easterly along said Southerly line of Camino Parocela and its Easterly prolongation
to its intersection with the Northerly line of Parocela Place;
Thence continuing Northerly and Easterly along the Southerly line of Camino Parocela to the
Westerly line of Warm Sands Drive; thence Southerly along said Westerly line of Warm
Sands Drive to its intersection with the Westerly prolongation of the Southerly line of Camino
Parocela;
Thence Easterly along said Southerly line of Camino Parocela and its Easterly prolorgation
to the Easterly line of Grenfall Road, said Easterly line also being the Westerly line of Grenfall
Tract recorded in Book 27, Page 57 of Maps;
Thence Southerly along said Easterly line of Grenfall Road 6 feet more or less to the
Southwest corner of Lot 18 of said Grenfall Tract;
Thence Easterly along the Southerly line of said Lot 18, 134.58 feet, to the Easterly line of
said Grenfall Tract;
Thence Northerly along said Easterly line of the Grenfall Tract, 646 feet more or less, to the
Southerly line of said Ramon Road;
Thence Easterly along said Southerly line of Ramon Road, 329.19 feet, to the Northeast
corner of Tract 12674;
Thence Southerly along the Easterly line of said Tract 12674, 534.24 feet, to the Southerly
line of Lot 5 of the Thornhill Tract;
Thence Northeasterly in a direct line to the Southerly line of Camino Amapola;
Thence Easterly along said Southerly line of Camino Amapola to the Easterly line of Calle
Amigos;
Thence Northerly along the Easterly line of said Calle Amigos and is Northerly prolongation
to the Northerly line of Ramon Road;
Thence Westerly along said Northerly line of Ramon Road to the point of beginning.
Contains 76.60 acres
PARCEL E
Commencing at the intersection of the Southerly line of East Palm Canyon Dive, 90 feet
wide, with the Southerly prolongation of the Westerly line of Via Salida, 60 feet wide;
Thence Northerly along said Westerly line of Via Salida to the Westerly prolongation of the
Northerly line of Avenida Olancha, 50 feet wide;
Thence Easterly along said Northerly line Avenida Olancha, 394 feet, more or less, to its
Easterly terminus at the Westerly line of Riverside County Assessor's Parcel Number 050&
353-02;
Thence Northerly 50 feet, more or less, and Easterly, 180 feet along the Westery and
Northerly line of said Assessor's Parcel to the Easterly line of Calle Palo Fierro, 60 feet wide;
ROSENOW SPEVACEK GROUP, INC. PAGE 49
AMENDED AND RESTATED REDEVELOPMENT PLAN
MERGED REDEVELOPMENT PROJECT NO. 1
Thence Northerly, 128,61 feet, along said Easterly line of Calle Palo Fierro to the Northerly
line of Lot 7 of the Rancho Royale Tract recorded in Book21, Pages 35 and 36 of Maps;
Thence Easterly, 355 feet along the Northerly line of Lots 7, 18 and 28 of said Tract and their
Easterly prolongations to the Westerly line of Lot 38 of said Rancho Royal Tract;
Thence Northerly 20 feet to the Northwest corner of said Lot 38;
Thence Easterly 200 feet along the Northerly line of said Lot 38 and its Easterly prolongation
to the Easterly line of Lot A of Tract 4441 recorded in Book 77, Pages 99 and 100 of Maps;
Thence South 002333" West, 234 feet along said Easterly line of Lot A to a tangent curve
having a radius of 1964 feet;
Thence Southerly along said tangent curve through a central angle of 5'4224", an are
distance of 196.61 feet to the Southerly line of said Tract 4441;
Thence North 89050'29" East, 417.25 feet, along the Southerly and of said Tract 4441 to the
Southwest corner of said Tract 4441;
Thence North 0036'32" East, 378.23 feet to a tangent curve having a radius of 95.5 feet;
Thence Northerly along last said tangent curve through a central angle of 29128'55", an arc
distance of 49.14 feet to a tangent curve having a radius of 136.5 feet;
Thence Northerly along said tangent curve, through a central angle of 1&08'17", an arc
distance of 31.30 feet;
Thence North 73002'50" West, 19.52 feet to a point of cusp with a curve having a radius of
116.98 feet;
Thence Northerly along last said tangent curve, through a central angle of 4649'47", an arc
distance of 93.57 feet to a tangent curve having a radius of 103.52 feet;
Thence Northerly along last said tangent curve through a central angle of 50102'43", an arc
distance of 90.47 feet to the Northeast corner of said Tract 4441;
Thence North 21 010'00" East, 26.29 feet to the Northerly line of Riverside County Assessor's
Parcel Number 0508-370-06;
Thence South 89024'55" East 270.34 feet, South O'20'00"West, 10.29 feet, South 89'36'34"
West, 36 feet, and South 0122'00" West, 184 feet more or less along the Northerly and
Easterly line of said County Assessor's Parcel to the Northwest corner of Riversicr? County
Assessor's Parcel 0508-431-04;
Thence South 89037'51" East, 25 feet and South O'22'09"West 140 feet along the Northerly
and Easterly line of last said Assessor's Parcel, said Easterly line being a line parallel with
and a distant Westerly 75 feet, measured at right angles from the Easterly line of Deep Well
Road, 75 feet wide;
ROSENOW SPEVACEK GROUP,INC. PAGE 50
AMENDED AND RESTATED REDEVELOPMENT PLAN
MERGED REDEVELOPMENT PROJECT NO. 1
Thence Easterly along a line perpendicular to last said Easterly line 75 feet to said Easterly
line of Deep Well Road;
Thence Southerly along said Easterly line of Deep Well Road and its prolongations to the
Northerly line of said East Palm Canyon Drive;
Thence Easterly along said Northerly line of Palm Canyon Drive 1,851 feet, more or less to
its intersection with the Northerly prolongation of the Westerly line of Tract7639 recorded in
Book 89, Pages 99 and 100 of Maps;
Thence South 0008'18' East, 690.13 feet, along said Westerly line of Tract 7639 and its
prolongations to the Southerly line of Twin Palms Drive, 60 feet wide;
Thence Westerly along said Southerly line of Twin Palms Drive and its prolongations to the
Westerly line of said Calle Palo Fierro;
Thence Northerly 30 feet, more or less, along the Northerly prolongation of the Westerly line
of Calle Palo Fierro to its intersection with the Easterly prolongation of the centerline of said
Twin Palms Drive, 60 feet wide;
Thence Westerly 300 feet more or less along last said Easterly line of prolongation to the
Easterly terminus of said Twin Palms Drive;
Thence Northerly 30 feet to the Northerly line of said Twin Palms Drive;
Thence Westerly 330 feet more or less along said Northerly line of said Twin Palms Drive to
the Southwest corner of Riverside County Assessor's Parcel Number 0511-060-06;
Thence North 0015'56" West, 394.38 feet along the Westerly line of lad said Assessor's
Parcel to said Southerly line of East Palm Canyon Drive;
Thence Easterly along said Southerly line of East Palm Canyon Drive to the point of
beginning.
Contains 76.32 acres
PARCEL F
Commencing at the intersection of the Northerly lire of East Palm Canyon Drive with the
Northerly prolongation of Barona Road, 88 feet wide;
Thence Easterly and Southeasterly along said Northerly line of Palm Canyon Drive and its
prolongations to a line perpendicular to said Northerly line of East Palm Canyon Drive
passing through the Southeast corner of Record of Survey recorded in Book 32, Pages 89
and 90 of Records of Survey, said perpendicular line lies Northerly 283.5 feet, more or less,
from the Northerly line of Palm Canyon Wash;
Thence Southwesterly along said perpendicular line to the Southwest corner of said Record
of Survey said Southwest corner being a point on the Southwesterly right of way of said East
Palm Canyon Drive;
Thence North 89046'12" West, 480.58 feet, to the Southwest corner of Ld 30 of said Record
of Survey;
ROSENOW SPEVACEK GROUP,INC. PAGE 51
AMENDED AND RESTATED REDEVELOPMENT PLAN
MERGED REDEVELOPMENT PROJECT NO. 1
Thence Northerly along the Westerly line of lots 30, 43, and 4 of said Record of Survey
through the following courses: North 1°16'12" West, 7.16 feet; North 51043'48" East, 36.42
feet; North 3°13'48" East, 73.03 feet; North 5101348" East, 53 feet; North 3&46'12" West,
97.66 feet; North 4&46'12" West, 14.57 feet to a point of cusp with a curve having a radius
of 60 feet; Northerly along said curve through a central angle of 20'55'55", an arc distance of
21.92 feet; and North 69042'07" West, 20 feet, to the Southwesterly line of Bridle Trail, a
private street;
Thence Northeasterly along said Southwesterly line of Bridle Trail through the following
courses: along a curve having a radius of 40 feet, an arc distance of 127.40 fret through a
central angle of 182029'13" to a reverse curve having a radius of 25 feet along an arc
distance of 26.18 feet through a central angle of 60, to a tangent line, North 37"12'54"West,
159.32 feet to a tangent curve having a radius of 124.44 fed; Northwesterly along an arc
distance of 110.98 feet, through a central angle of 51105'54"to a tangent line, North 1041'12"
East 68 feet to a tangent curve having a radius of 10 feet; Southwesterly along an arc
distance of 15.71 feet through a central angle of 900 to the Easterly line of Araby Drive, 60
feet wide;
Thence Southerly along said Easterly line of Araby Drive 150 feet more or less to its
intersection with the Easterly prolongation of the Southerly line of Riverside County
Assessor's Parcel Number 0510-030-04;
Thence Westerly along said Southerly line of Assessor's Parcel Number 0510.030-03
636.25 feet to the Southwest corner of said Assessor's Parcel 051 G030-03;
Thence Northerly along the Westerly line of last said Assessor's Parcel 32.2 feat more or
less to the Southeast corner of Tract 20168, recorded in Book 146, Pages 43 and 44 of
Maps;
Thence Westerly along the Southerly line of said Tract 20168 and the Southerly line of Tract
15638 recorded in Book 123, Pages 41 and 42 of Maps and thdr Westerly prolongations,
708.68 feet more or less,to the Westerly line of said Barona Road;
Thence Northerly along said Westerly line of Barona Road and its Northerly prolongation to
the point of beginning.
Contains 31.38 acres
PARCEL G
Commencing at the intersection of the Northerly line of Palm Canyon Drive, 80 feet wide,
with the Easterly line of Gene Autry Trail, 88 feet wide;
Thence Southerly and Southwesterly along said Easterly line of Gene Autry Trail and its
Southerly prolongation 472.6 feet more or less to the Northeast comer of Parcel 10 of Parcel
Map 17656 recorded in Book 107 Page 70 of Parcel Maps;
Thence South 16058'30" East 152.06 feet, South 79'28'30" East 10.91 feet, South 40'31'30"
West 118.00 feet, North 40'58'30" West 234 feet, South 89030'09" West 76feet and South
48000'09"West along the Easterly and Southerly line of said Parcel 10 to the Easterly line of
Parcel 1 of said Parcel Map 17656;
ROSENOW SPEVACEK GROUP, INC. PAGE 52
AMENDED AND RESTATED REDEVELOPMENT PLAN
MERGED REDEVELOPMENT PROJECT NO. 1
Thence South 0059'51" West, 458,94 feet, North 89'21'55" West, 1327.29 feet and North
0004'27"West, 622.7 feet along the Easterly, Southerly and Westerly boundary of said Parcel
1 to the Southerly line of Matthew Drive, 74 feet wide, said Westerly line of Parcel 1 also
being the Southerly prolongation of the centerline of Cherokee Way, 88 get wide;
Thence North 0047'27"West, 360 feet more or less along said centerline of Cherokee Way to
the Easterly prolongation of the Southerly line of a Parcel Map recorded in Book 17, Page 16
of Parcel Maps;
Thence South 89055'00" West, 240 feet along said Southerly boundary of the Parcel Map to
the Southwest corner of said Parcel Map;
Thence North 0104'27" West, 300 feet more or less along the Westerly boundary of said
Parcel Map to the Southerly line of the Northwest 114 of Section 30, Township 4 South,
Range 5 East;
Thence South 89°55'00" West, 1,078.69 feet along last said Southerly line to the Southwest
corner of Riverside County Assessor's Parcel Number 0681-071-16;
Thence North 0007'17' East, 820.72 feet more or less along the Westerly line of said
Assessor's Parcel and its Northerly prolongation to said Northerly line of Palm Canyon Drive;
Thence Southeasterly along said Northerly line of Palm Canyon Drive and its prolongations to
the point of beginning.
Contains 73.66 acres
PARCEL H
Commencing at the intersection of the Northerly line of 34th Avenue with the City
Boundary of the City of Palm Springs, said intersection being a point on .the Easterly line
of Section 20, Township 4 South, Range 5 East, SBBM;
Thence Southerly along said City Boundary and its Southerly prolongation, 1349.25 feet to an
angle point in said City Boundary;
Thence North 89024'30" West, 662.42 feet along said City Boundary to its intersection with
the Southerly prolongation of the most Westerly line of the CrossleyTract;
Thence Northerly along said most Westerly line of the Crossley Tract and its prolongations
1399 feet, more or less, to the Southwest corner of Riverside County Assessor's Parcel 68G
180-02, said Southwest corner being a point on the Northerly lineof said 34th Avenue;
Thence Northerly along the Westerly line of said Assessor's Parcel 618 feet, more or less, to
the Northwest corner of said Assessor's Parcel;
Thence South 89016'50" East, 517 feet, more or less, to the Northeast corner of Riverside
County Assessor's Parcel Number 680-180-03;
Thence North 1204843"West, 634.5 feet, more or less, to the point of beginning
Contains 130.72 acres
ROSENOW SPEVACEK GROUP,INC. PAGE 53
AMENDED AND RESTATED REDEVELOPMENT PLAN
MERGED REDEVELOPMENT PROJECT NO. 1
PARCELI
Commencing at the intersection of the Northerly line of Ramon Road, 90 feet wide, and
the Westerly line of El Cielo Road, 100 feet wide;
Thence Southerly along said Westerly line of El Cielo Road to the Westerly prolongation of
the Southerly line of Camino Parocela, 50 feet wide;
Thence Easterly along said Southerly line of Camino Parocela to the V%Sterly line of Paseo
Dorotea, 75 feet wide;
Thence Southerly along said Westerly line of Paseo Dorotea and its prolongations to the
Westerly prolongation to the Southerly line of Sunny Dunes Road, 75 feet wide;
Thence Easterly along said Southerly line of Sunny Dunes Road to the Easterly line of Calle
Santa Cruz, 60 feet wide;
Thence Northerly along said Easterly line and its prolongation to the Southerly line of Camino
Parocela;
Thence Easterly along said Southerly line of Camino Parocela and its probngation to the
Easterly line of Vella Road, 60 feet wide;
Thence Northerly along said Easterly line of Vella Road and its prolongation to said Northerly
line of Ramon Road;
Thence Westerly along said Northerly line of Ramon Road, 355.11 feet, to the Eaderly line of
Tract 22694;
Thence North 36033'14" West, 933.84 feet, along said boundary of Tract 22694 to the
Southerly line of land of Palm Springs Municipal Airport;
Thence Westerly along said Southerly line of Palm Springs. Airport 1890.36 feet, more or
less, to the Northeast corner of Tract 12455 recorded in Book 121, Pages 45 through 47,
inclusive, of maps;
Thence Southerly along the Easterly boundary of said Tract 12455 to said Northerly line of
Ramon Road;
Thence Westerly along said Northerly line of Ramon Road to the point of beginning.
Contains 28.95 acres
ROSENOW SPEVACEK GROUP,INC. PAGE 54
AMENDED AND RESTATED REDEVELOPMENT PLAN
MERGED REDEVELOPMENT PROJECT NO. 1
ProposedExhibit C—Listing of the
Facilities, and Infrastructure Improvements
South Palm Canyon Constituent Area
1. Drainage Improvements
The City presently has no underground storm drainage system, so when heavy rains
occur much of the street system is flooded. This is true for much of the Constituent
Area, especially Palm Canyon Drive near Sunny Dunes Road and in the area of East
Palm Canyon Drive.
2. Flood Control
Most of the vacant land in the Constituent Area is subject to periodic flooding, and
cannot be developed until flood control improvements are installed. These
improvements include flood control dikes and/or extensive regrading to raise the level
of the parcels above the flood level. These improvements are in addition to those
proposed by the County Flood Control District.
3. Circulation Improvements
The needed circulation improvements relate to correcting the problems of congestion
along Palm Canyon Drive (Highway 111) and hazardous intersections at various
locations in the Constituent Area.
In addition to traffic congestion, circulation in the Constituent Area is hindered by
hazardous intersections. The most serious problems are at the intersection of Palm
Canyon Drive, Indian Avenue and Camino Parocela, and the intersection of Palm
Canyon Drive, Sunny Dunes, and North Riverside Drive. Camino Parocela intersects
with Palm Canyon Drive and Indian Avenue at the point where they meet and change
from one-way streets. Major access to Palm Canyon Financial Plaza and Sun Center
is also at this intersection. North Riverside Drive intersects Sunny Dunes
dangerously close to Palm Canyon Drive. The situation is compounded by the on-
street stall parking arrangement along Sunny Dunes.
North Palm Canyon Constituent Area
The proposed public improvements include addressing the issues of traffic circulation and
pedestrian safety between and along North Palm Canyon Drive and North Indian
Avenue. Palm Canyon is presently a much more traveled road than Indian despite its
narrower right-of-way and more intensive on-street parking. The off-set intersection at
Tachevah Road and Palm Canyon provides a confusing and potentially dangerous
situation. In addition to the potential removal of parking on Palm Canyon to allow for a
center turn lane, improvements in circulation between the two streets are proposed to
divert traffic onto Indian. Pedestrian safety, especially along Indian Avenue and Palm
Canyon Drive is a serious issue in the Constituent Area due to the relatively long distance
between signaled crosswalks, minimal street lighting, and high volume and relatively high
speed of traffic. Potential improvements include Indian Avenue sidewalks, additional stop
lights to slow traffic and allow more pedestrian crossings, additional street lighting to
improve night time visibility, and improvement of the Tachevah/Palm Canyon intersection.
The Agency also proposes to prepare a detailed parking plan for the area.
ROSENOW SPEVACEK GROUP, INC. PAGE 65
AMENDED AND RESTATED REDEVELOPMENT PLAN
MERGED REDEVELOPMENT PROJECT NO. 1
Highland-Gateway Constituent Area
1. Windbreak
The Constituent Area is among the windiest parts of the City, providing a substantial
impediment to development. Many of the existing structures in the Highland
Gateway neighborhood exhibit deterioration caused by the high winds and blowsand.
To protect existing residential neighborhoods and provide desirable conditions for
new residential development, a substantial windbreak will be required. This
windbreak will be located adjacent to the southern levee of the Whiteroater River
Channel.
2. Recreation Improvements
The Desert Highland Park, located at the north side of the existing residential
neighborhood, provides the major recreational opportunities for residents of the
Constituent Area.
3. Landscaping
Indian Avenue, a major thoroughfare, passes along the eastern edge of the
Constituent Area. This street acts as a major access point to both the City and the
Constituent Area, which is the first part of the City seen by persons entering the town
from this direction. A median strip located on the west side of Indian Avenue and
adjacent to the existing residential neighborhood remains undeveloped. This land
although privately owned cannot be developed to its commercial zoning since it lacks
adequate width for the required setbacks. The site, if landscaped, will provide an
inviting gateway into both the City and Constituent Area.
4. Street Improvements
The existing industrial section of the Constituent Area lacks adequate street
improvements, thus contributing to the deteriorded appearance of most of the
adjacent development.
5. Drainage Improvements
The Constituent Area currently has no storm drainage facilities. Although no severe
drainage problems are currently in evidence, the County Flood Control District has
adopted plans showing four drainage lines to handle the water runoff anticipated at
full build-out of this section of the City.
Project Area No. 9 Constituent Area
1. Parking Improvements
Acquire and construct off-street parking facilities to accommodate the demand
created by the new commercial developments on Indian Avenue, Ramon Road, or
Highway 111, as well as to alleviate congestion in the Business areas.
2. Street Construction (Reconstruction)
Reconstruct streets adjacent to and contiguous with the various sites in the
Constituent Area.
3. Sidewalk Repairs
Construct sidewalks adjacent to and contiguous with the sites in the Constituent Area,
such as Ramon Road, Avenue 34, and local streets in the Constituent Area.
ROSENOW SPEVACEK GROUP, INC. PAGE 56
AMENDED AND RESTATED REDEVELOPMENT PLAN
MERGED REDEVELOPMENT PROJECT NO. 1
4. Undergrounding Utilities
Underground utilities in the Constituent Area.
5. Parks and Recreation
Acquire properties and construct recreational facilities for the residents.
6. Streetscape, Plazas, and Crosswalks
Provide street furniture (benches, trash receptacles, etc.), landscaping, public plazas,
and thematic crosswalks to improve the aesthetic environment of the Constituent
Area. Will also provide handicapped access.
7. Parkways and Medians
Provide for the construction and landscaping of parkway strips and median areas.
Provide for the construction of traffic contol structures such as channelized medians
and parkway turn lanes.
ROSENOW SPEVACEK GROUP, INC. PAGE 57
AMENDED AND RESTATED REDEVELOPMENT PLAN
MERGED REDEVELOPMENT PROJECT NO. 1
Exhibit i —Diagram of Permitted and Prohibited Land Uses
A diagram of uses permitted by the City's General Plan follows. As stated in Section VI of
this Plan, uses permitted in the Project Area shall be those permitted by the General Plan
and zoning ordinance, as they exist today or are hereafter amended.
ROSENOW SPEVACEK GROUP,INC. PAGE 58
AMENDED AND RESTATED REDEVELOPMENT PLAN
MERGED REDEVELOPMENT PROJECT NO. 1
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GENERAL PLAN LAND USE MAP
MERGED REDEVELOPMENT PROJECT AREA NO.1
COMMUNITY REDEVELOPMENTAGENCY OF THE CITY OF PALM SPRINGS
ROSENOW SPEVACEK GROUP, INC.
PAGE 59
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 Saristo-
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 33DD0, et sec. ("Community
Redevelopment L"aw"); 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 Tahquitz-Andreas Constituent Area and property that is held
in Trust by the United States on behalf of any Indian or the Aqua 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 Aqua 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, 200$ (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;
S. 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;
Ordinance 1f24
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 33457A of the Health and Safety Code, which
indicates that this Ordinance must contain the findings required by section 33367 of said
Code, to the extent warrantgd,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. IThe 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 bome by private enterprise,
acting alone or in concert with available governmental action.
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 Agencys 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 flan 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 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 real 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
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 indude 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
redeveloprrWnt 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 Agenoy: 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.
13) 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
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
ebst 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 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 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, fine, 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
thereofi irrespective of the fact that any one or more section, subsection, sentence,
clause, phrase, or portions be declared invalid our unconstitutional.
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 T: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,
duty prepared according to law, to be published in accordance with law.
ADOPTED this 19th day of _Fe4rnary , 2003.
AYES: Members Hodges, Oden, and Mayor Kleiridienst
NOES: None
ABSENT: Members Mills and Reller-Spurgin
ATTEST: CITY OF PALM SPRINGS, CALIFORNIA
By Is/Patricia A. Sanders Jac/_ William G. Kleipndi -nt
City Clerk Mayor
-REVIEWED&APPROVED
r1EREffX CER'CIfY T ' HE FMEAU Ilrp tS A TRUE CUPY Q
ORDINANCE Na � I - MXIF ALA 1W 'MM
CITY COUNCIL OF THE CrrnS?P—y PALM SP-RIT4M N,, -A MEETING
THEREOF HELD ON THE 7 __ DAY OF-` dd4 b�
DATED.�.tA�T,PALM SPR GS, CALIFORNIA
a-5.rHIS DAY OF
DEPUTY OTT C1=
MTV OP PM1I.M SD I�Tf47Ihr1►
First Amendment to the Merged Redevelopment Plan
for Merged Redevelopment Project No. 2
(Baristo-Farrell and Canyon Eminent Domain Time Limit Extension)
Amended and Restated
Redevelopment Plan
Merged Redevelopment Project No. 2
Adopted February 19, 2003 (Ordinance No. 1624)
Community Redevelopment Agency
of the City of Palm Springs
3200 E. Tahquitz Canyon Way
Palm Springs, Cafrfomia 92262
Rosenow Spevacek Group,Inc,
217 N. Main Street, Suite 300
Santa Ana, California 92701-4822
Phone: (714)541-4585
Fax: (714)836-1748
E-Mail:info@webrsg.com 6 Sy ,.......,... ' <«*
Amended and Restated Redevelopment Plan
Merged Redevelopment Project No. 2
Table of Contents
SECTION 1 (100) INTRODUCTION .........................................1
SECTION 11 (200) GENERAL DEFINITIONS.............................2
SECTION 111 (300) PROJECT AREA BOUNDARIES...................3
SECTION IV (400) REDEVELOPMENT PLAN GOALS................3
Baristo-Farrell Constituent Area.................................................................. 3
Canyon Constituent Area..............................................................................4
Tahquitz-Andreas Constituent Area............................................................ 5
SECTION V (500) REDEVELOPMENT PLAN ACTIONS.............6
(501) General......................................................................................... 6
(502) Property Acquisition...................................................................7
(505) Participation by Owners and Persons Engaged in
Business ...................................................................................... 8
(509) Implementing Rules.................................................................... 9
(510) Cooperation with Public Bodies.............................................. 10
(511) Property Management.............................................................. 10
(512) Payments to Taxing Agencies................................................. 10
(513) Relocation of Persons Displaced by a Project...................... 11
(516) Demolition, Clearance, Public Improvements, Site
Preparation and Removal of Hazardous Waste..................... 11
(521) Rehabilitation, Moving of Structures by the Agency and
SeismicRepairs......................................................................... 12
(526) Property Disposition and Development................................. 13
(534) Low-and Moderate-Income Housing...................................... 16
SECTION VI (600) USES PERMITTED IN THE PROJECT
AREA .................................................................17
(601) Maps and Uses Permitted........................................................ 17
(602) Public Uses................................................................................ 17
(605) Nonconforming Uses................................................................ 18
(606) Interim Uses............................................................................... 18
(607) General Control and Limitations............................................. 18
H W SERS\CURTISVMCRA EMINENT DOMAIN PMENDMENTS\REFORMATTED 02-1"3 REDEVELOPMENT PLANJNOZDOC
' AMENDED AND RESTATED REDEVELOPMENT PLAN
MERGED REDEVELOPMENT PROJECT NO.2
(617) Design for Development.............................._...........................20
(618) Building Permits.............................._............................_...........20
SECTION VII (700) METHODS FOR FINANCING THE
PROJECT..............................................................20
(701) General Description of the Proposed Financing Methods....20
(702) Tax Increment Revenue..............................._............................21
(703) Agency Bonds............................................................_............. 2
(704) Other Loans and Grants..............................._...........................22
(705) Rehabilitation Loans, Grants, and Rebates............................22
SECTION VIII (800) ACTIONS BY THE CITY...........................23
SECTION IX (900) ADMINISTRATION AND ENFORCEMENT...23
SECTION X (1000) PLAN LIMITATIONS..................................24
(1001) Amount of Cumulative Tax Increment Revenue....................24
(1002) Amount of Bonded Indebtedness Outstanding At Any One
Time.............................._............................_..............................24
(1003) Time Frame to Incur Indebtedness..........................................24
(1004) Duration of This Plan.............................._................................25
(1005) Time Frame to Collect Tax Increment Revenue.....................25
SECTION XI (1100) PROCEDURE OF AMENDMENT................25
Exhibit A- Project Area Map...................................................26
Exhibit B - Legal Description..................................................28
Exhibit C - Listing of the Proposed Public Improvement
Projects, Public Facilities, and Infrastructure
Improvements......................................................35
Exhibit D - Diagram of Permitted and Prohibited Land Uses..40
ROSENOW SPEVACEK GROUP,INC.
Amended and Restated Redevelopment Plan
Merged Redevelopment Project No. 2
SECTION 1 (100) INTRODUCTION
(101) This is the amended and restated Redevelopment Plan for the Merged
Redevelopment Project No. 2 ("Plan"), located in the City of Palm Springs, California.
It consists of the text (Sections 100 through 1100), the Project Area Map of the
Merged Redevelopment Project Area No. 2 ("Project Area') (Exhibit A), the legal
description of the Project Area boundaries (Exhibit B), a listing of the proposed
projects, public facilities, and infrastructure improvement projects (Exhibit C), and a
diagram of current permitted land uses (Exhibit D).
The Project Area consists of three constituent redevelopment project areas, which
were merged on May 31, 2000 by Ordinance No. 1583. The three constituent project
areas are:
• Baristo-Farrell Redevelopment Project
• Canyon Redevelopment Project
• Tahquitz-Andreas Redevelopment Project
This Plan has been prepared by the Community Redevelopment Agency of the City
of Palm Springs, California ("Agency") pursuant to the California Community
Redevelopment Law(Health and Safety Code Section 33000, et seq.), the California
Constitution and all applicable laws and ordinances.
This Plan provides the Agency with powers, duties and obligations to implement the
program generally formulated in this Plan for the redevelopment, rehabilitation, and
revitalization of the Project Area. This Plan does not present a specific plan or
establish priorities for specific projects for the redevelopment, rehabilitation, and
revitalization of any particular area within the Project Area. Instead, this Plan
presents a process and a basic framework within which specific development plans
will be presented, priorities for specific projects will be established, and specific
solutions will be proposed, and by which tools are provided to the Agency to fashion,
develop, and proceed with such specific plans, projects, and solutions.
Many of the requirements contained in this Plan are necessitated by and in
accordance with statutory provisions in effect at the time of adoption of this Plan.
Such statutory provisions may be changed from time to time. In the event that any
such statutory changes affect this Plan's terms, and would be applicable to the
Agency, the Project Area, or this Plan, the terms of this Plan that are so affected shall
be automatically superseded by such statutory changes, to the extent necessary to
be in conformity with such statutory changes (and all other terms of the Plan shall
remain in full force and effect).
ROSENOW SPEVACEK GROUP,INC. PAGE 1
AMENDED AND RESTATED REDEVELOPMENT PLAN
MERGED REDEVELOPMENT PROJECT NO.2
SECTION 11 (200) GENERAL DEFINITIONS
The following definitions will be used generally in the context of this Plan unless
otherwise specified herein:
A. "Agency" means the Community Redevelopment Agency of the City of Palm
Springs, California.
B. "Annual Work Program" means that portion of the Agency's annual budget that
sets forth programs and goals to be accomplished by the Agency during the fiscal
year.
C. "City" means the City of Palm Springs, California.
D. "City Council" means the legislative body of the City.
E. "County" means the County of Riverside, California.
F. "Disposition and Development Agreement" means an agreement between a
developer and the Agency that sets forth terms and conditions for improvement
and redevelopment.
G. "General Plan" means the General Plan of the City, the comprehensive and long-
term general plan for the physical development of the City, as it exists today or is
hereafter amended.
H. "Legal Description' means the metes and bounds legal description of the Project
Area attached hereto as Exhibit B.
I. "Map" means the map of the Project Area attached hereto as Exhibit A.
J. "Method of Relocation" means the methods or plans adopted by the Agency
pursuant to Sections 33352(f) and 33411 of the Redevelopment Law for the
relocation of families, persons and businesses to be temporarily or permanently
displaced by actions of the Agency.
K. "Ordinance" means City Council Ordinance No. 1624 adopted on February 19,
2003 adopting this Plan.
L. "Owner" means any person owning fee title to, or a long-term leasehold interest in
real property within the Project Area.
M. "Owner Participation Agreement" means an agreement between the Agency and
an Owner, which sets forth terms and conditions for use of property, and/or its
improvement and/or its redevelopment as to a specific property.
N. "Person" means an individual(s), or any public or private entities.
O. "Plan" means this amended and restated Redevelopment Plan for the Merged
Redevelopment Project No. 2, as amended by Ordinance No. 1624 on February
19, 2003.
P. "Project" means the Merged Redevelopment Project No. 2.
Q. "Project Area" means the Merged Redevelopment Project No. 2 Area, which is
the territory this Plan applies to, as shown on Exhibit A.
R. "Baristo-Farrell Constituent Area" means the Baristo Farrell Redevelopment
Project established on May 7, 1986 by Ordinance No. 1264 and amended by
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Ordinance No. 1493 on December 21, 1994, Ordinance 1576 on December 15,
1999, and Ordinance 1583 on May 31, 2000.
S. "Canyon Constituent Area" means the Canyon Redevelopment Project
established on July 19, 1991 by Ordinance No. 1388 and amended by Ordinance
No. 1492 on December 21, 1994 and Ordinance 1583 on May 31, 2000,
T. 'Tahquitz-Andreas Constituent Area" means the Tahquitz-Andreas
Redevelopment Project established on July 19, 1983 by Ordinance No. 1187 and
amended by Ordinance No. 1489 on December 21, 1994, Ordinance 1576 on
December 15, 1999, and Ordinance 1583 on May 31, 2000.
U. "Redevelopment Laud' means the California Community Redevelopment Law
(Health and Safety Code, Sections 33000, et seq.) as it now exists or may be
hereafter amended.
V. 'Residence" means a building used, designed or intended to be used as a home
or dwelling place for one (1) or more families. 'Residence"does not mean a hotel
which is any building or portion thereof containing six (6) or more guest rooms
used by six (6) or more guests, for compensation (excepting jails and hospitals)
where provision for cooking may be made in a limited number of individual suites,
and which rooms are designed and intended as temporary or overnight
accommodations.
W. "State" means the State of California.
X. "State Laud' means an enactment of State of California, and includes such
regulations as have the force of law.
00) PROJECT AREA BOUNDARIES
The boundaries of the Project Area are illustrated on the map attached hereto and
incorporated herein as Exhibit A. The legal description of the boundaries of the
Project Area is as described in Exhibit B attached hereto and incorporated herein.
SECTION IV 00REDEVELOPMENT
This Plan is intended to achieve the following goals:
Baristo-Farrell Constituent Area
• Improve Public Infrastructure/Facilities. Provide or assist in the provision of
needed public facilities and improvements in the Constituent Area including
expansion of the main library, park and recreation improvements to Sunrise
Plaza, construction of storm drain facilities, upgrading of sewerage facilities,
provision of traffic signalization and street improvements, and construction of a
system of bikeways in the Constituent Area.
• Stimulate Economic Development. Enhance and expand shopping facilities in
Palm Springs by improving or assisting in the improvement, including
rehabilitation and expansion, of the Ralphs Shopping Center and the Palm
Springs Mall, with possible development of a new center across Farrell Drive from
the existing mall.
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• Promote Convention-related Development. Provide assistance in the
development of future phases of the Palm Springs Convention Center, including
construction of a hotel, in the Constituent Area.
• Assure Commercial Vitality. The strengthening of retail and other commercial
functions in the area.
• Improve School Facilities. Provide financial assistance for the rehabilitation and
improvement of the existing high school facility in the Constituent Area, and other
public schools serving the Constituent Area, to increase the effectveness, quality,
and life of these facilities.
• Encourage Stakeholder Participation. Encourage the cooperation and
participation of property owners, public agencies, and community organizations in
the elimination of blighting.conditions in the ConstituentArea.
• Facilitate Investment in Community. Encourage investment in the Constituent
Area by the private sector.
• Assemble and Consolidate Land. Remove economic impediments to land
assembly and in-fill development in areas which are not properly subdivided for
development.
• Increase and Improve the Community's Supply of Affordable Housing Protect
the health and general welfare of low- and moderate-income persons by
increasing or improving the community's supply of housing affordable to these
persons.
• Coordinate Future Development Prepare studies as necessary to Project
implementation, including feasibility studies, design studies, and "concept plans"
to assist in packaging and marketing specific development sites which may be
identified in the Constituent Area.
Canyon Constituent Area
• Eliminate Physical, Social, and Environmental Deficiencies The elimination of
existing blighted conditions, be they properties or structures, and the prevention
of recurring blight in and about the Constituent Area.
• Coordinate Future Development The development and redevelopment of
property within a coordinated land use pattern of commercial, residential, resort,
recreation, and public facilities in the Constituent Area consistent with the goals,
policies, objectives, programs, standards, guidelines, and requirements as set
forth in the City's adopted General Plan.
• Enhance Public Services. 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 Constituent Area and the community.
• Improve Public Infrastructure. The elimination or mitigation of environmental
deficiencies including inadequate street improvements, inadequate utility
systems, and inadequate public services and social, physical, and environmental
characteristics of blight.
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• Improve Traffic Circulation. 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.
• Enhance Aesthetic Appeal of Communitv. Beautification activities to eliminate all
forms of blight including, but not limited to, visual blight, in Circler to encourage
community identity.
• Diversify Economic Base. 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 Constituent Area.
• Assemble and Consolidate Land. The acquisition, assemblage, and disposition
of sites of usable and marketable sizes and shapes for commercial, resort,
recreation, residential, and public facility development withinthe Constituent Area.
• Seek Community wide Benefits. 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 Constituent Area.
• Increase and Improve the Community's Supply of Affordable Housing To
provide for very low, low, and moderate income housing availability as required
by County, Region, or State law and requirements, as necessary and desirable,
consistent with the goals and objectives of the community.
• Cooperate with Local Agencies. 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.
• Upgrade Urban Desiqn Standards. 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.
• Encourage Stakeholder Participation. To encourage community and property
owner involvement and citizen participation in the adoption of policies, programs,
and projects so as to ensure that the Redevelopment Plan is implemented in
accordance with the objectives and goals of the General Plan.
• Promote Development 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.
• Stimulate Economic Development To ensure that the community maintains a
competitive position with surrounding communities, so as to enhance the
economic climate and stability of the Constituent Area and the community.
Tahquitz-Andreas Constituent Area
• Eliminate Physical Social and Environmental Deficiencies The elimination of
environmental deficiencies in the Constituent Area, including among others, small
and irregular lots, obsolete and aged building types, and deteriorated public
improvements.
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• Assemble and Consolidate Underutilized Land. The assembly of land into
parcels suitable for modern, integrated development with improved pedestrian
and vehicular circulation in the Constituent Area.
• Coordinate Future Development. The replanning, redesign, and development of
undeveloped areas which are stagnant or improperly utilized.
• Assure Commercial Vitality. The strengthening of retail and other commercial
functions in the area.
• Stimulate Economic Development. The strengthening of the economic base of
the Constituent Area and the community by the installation of needed site
improvements to stimulate new commercial expansion, employment, and
economic growth.
• Provide Additional Parking Spaces. The provision of adequate land for parking
and open spaces.
• Upgrade Urban Design Standards. The establishment and implementation of
performance criteria to assure high site design standards and environmental
quality and other design elements which provide unity and integrity to the entire
Constituent Area.
• Protect Unique Character of Community. The strengthening of the economic
base of the Constituent Area and the community by assisting in the development
of a cultural and convention facility or facilities.
SECTION00REDEVELOPMENT
(501) General
The Agency proposes to alleviate and prevent the spread of blight and deterioration
in the Project Area through:
1. The acquisition, installation, construction, reconstruction, redesign, or reuse of
streets, utilities, curbs, gutters, sidewalks, traffic control devices, flood control
facilities, buildings, structures, parks, playgrounds, and other public
improvements.
2. The rehabilitation, remodeling, demolition, or removal of buildings, structures, and
improvements.
3. The rehabilitation, development, preservation, provision, or construction of
affordable housing in compliance with State Law.
4. Providing the opportunity for participation by owners and tenants presently
located in the Project Area and the extension of preferences to persons engaged
in business desiring to remain or relocate within the redeveloped Project Area.
5. Providing relocation assistance to displaced occupants in accordance with
applicable State Law.
6. The development or redevelopment of land by private enterprise or public
agencies for purposes and uses consistent with the objectives of this Plan.
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7. The acquisition of real property, personal property, any interest in property, and
improvements on the property by purchase, lease, option, grant, bequest, gift,
devise, or any other lawful means, or, where it is deemed necessary, by
exercising the power of eminent domain, as permitted by Section 503 of this Plan,
after conducting appropriate public hearings and making appropriate findings.
8. Site preparation and development and construction of necessary off-site
improvements.
9. Improving open space.
10. Managing property acquired by the Agency.
11. Providing financing for the assistance of commercial and industrial development
that increases the economic base of both the Project Area and the Cty, and the
number of temporary and permanent jobs.
12. The disposition of real property, personal property, any interest in property, and
improvements on the property through methods such as sale, lease, exchange,
subdivision, transfer, assignment, pledge, encumbrance or any other lawful
means of disposition.
13. Recommending standards to ensure that property will continue to be used in
accordance with this Plan.
14. The closure or vacation of certain streets and the dedication of other areas for
public purposes.
15. Providing replacement housing, as required.
16. Applying for, receiving and utilizing grants and loans from federal or state
governments or any other source.
17. Clearing or moving buildings, structures or other improvements from any real
property acquired by the Agency.
To accomplish these actions and to implement this Plan, the Agency is authorized to
use the powers provided in this Plan, and the powers now or hereafter permitted by
the Redevelopment Law and any other State law.
(502) Property Acquisition
1. (503) Acquisition of Real Property
The Agency may acquire real property by any means authorized by law, including
by purchase, lease, obtain option upon, acquire by gift, grant, bequest, devise,
exchange, cooperative negotiations, or eminent domain.
The following limitations shall apply to the Agency's eminent domain authority in
the Project Area:
a. Eminent domain may be used to acquire any real property in the BaristG
Farrell and Canyon Constituent Areas, except for properties legally devoted to
a residential use. A parcel is devoted to a residential use if a residential
structure has been legally constructed on such parcel, and such structure
continues to be legally occupiable for a Residence.
b. Eminent domain may not be used to acquire any real property in tte Tahquitz
Andreas Constituent Area.
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c. The power of eminent domain may not be used to acquire any parcels or
interests in lands held in Trust by the United States for any individual Indian or
for the Aqua Caliente Band itself. However, the power of eminent domain
may be used to acquire a leasehold or other interest from the 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.
d. Eminent domain may not be used to acquire property owned by a public body
without the consent of that public body.
e. To the extent required by law, the Agency shall not acquire real property on
which an existing building is to be continued on its present site and in its
present form and use without the consent of the owner, unless: (1) such
building requires structural alteration, improvement, modernization or
rehabilitation; or (2) the site or lot on which the building is situated requires
modification in size, shape or use; or (3) it is necessary to impose upon such
property any of the standards, restrictions and controls of this Plan and the
owner fails or refuses to participate in the Plan pursuant to Sections 506
through 509 of this Plan and applicable provisions of the Redevelopment
Law.
f. Except as otherwise provided by law, no eminent domain proceeding to
acquire property within the Project Area shall be commenced after twelve (12)
years following the date of adoption of this amended and resbted Plan by
Ordinance No. _). Such time limitation may be extended only by
amendment of this Plan.
2. (504) Acquisition of Personal Property, AnV Other Interest in Real Property, or
Any Improvements in Real Property
Where necessary in the implementation of this Plan, the Agency is authorized to
acquire personal property, any other interest in real property, and any
improvements on real property including repurchase of developed property
previously owned by the Agency by any lawful means.
(505) Participation by Owners and Persons Engaged in Business
1. (506) Owner Participation
This Plan provides for opportunities for participation in the redevelopment of
property in the Project Area by the owners of all or part of such property if the
owners agree to participate in the redevelopment in conformity with this Plan.
Opportunities to participate in the redevelopment of property in the Project Area
may include without limitation the rehabilitation of property or structures; the
retention of improvements; the development of all or a portion of the participant's
property; the acquisition of adjacent or other properties from the Agency;
purchasing or leasing properties in the Project Area; participating with developers
in the improvement of all or a portion of aparticipant's properties; or other suitable
means consistent with objectives and proposals of this Plan and with the
Agency's rules governing owner participation and re-entry.
In addition to opportunities for participation by individual persons and firms,
participation, to the extent it is feasible, shall be available for two or more persons,
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firms or institutions, to join together in partnerships, corporations, or other joint
entities.
The Agency desires participation in redevelopment activities by as many owners
and business tenants as possible. However, participation opportunities shall
necessarily be subject to and limited by such factors as the provision or
expansion of public improvements and/or public utilities facilities; elimination and
changing of land uses; realignment of streets; the ability of owners and business
tenants to finance acquisition and development activities in accordance with this
Plan; development experience, where applicable, availability of franchises,
whether the proposed activities conform to and further the goals and objectives of
this Plan; and any change in the total number of individual parcels in the Project
Area.
2. (507) Reentry Preferences for Persons Engaged in Business in the Protect Area
The Agency shall extend reasonable preferences to persons who are engaged in
business in the Project Area to relocate and reenter in business in the
redeveloped area, if they otherwise meet the requirements prescribed by this
Plan and the Agency's rules governing owner participation and re-entry.
3. (508), Owner Participation Agreements
Under an Owner Participation Agreement, the participant shall agree to
rehabilitate, develop, or use the property in conformance with this Plan and be
subject to the provisions hereof. In the Owner Participation Agreement,
participants who retain real property shall be required to join in the recordation of
such documents as are necessary to make the provisions of this Plan applicable
to their properties.
Owner Participation Agreements shall include appropriate remedies such as the
ability of the Agency to declare the Owner Participation Agreement terminated
and acquire the real property or any interest therein, and sell or lease such real
property or interest therein for rehabilitation or development in accordance with
this Plan in the event a participant breaches the terms of such Owner
Participation Agreement.
If conflicts develop between the desires of participants for particular sites or land
uses, the Agency is authorized to establish reasonable priorities and preferences
to persons who are engaged in business in the Project Area re-entering in
business within the redeveloped area if they otherwise meet the requirements
prescribed by the Plan.
Where the Agency determines that a proposal for partbipation is not feasible, is
not in the best interests of the Agency or City or that redevelopment can best be
accomplished without affording a participant an opportunity to execute an Owner
Participation Agreement, the Agency shall not be required to execute an Owner
Participation Agreement.
(509) Implementing Rules
The provisions of Sections 505 through 508 of this Plan shall be implemented
according to the rules adopted by the Agency prior to the approval of the Ordinance,
which maybe amended'from time to time by the Agency. Such rules allow for Owner
Participation Agreements with the Agency.
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(510) Cooperation with Public Bodies
Certain public bodies are authorized by State Law to aid and cooperate, with or
without consideration, in the planning and implementation of activities authorized by
this Plan. The Agency shall seek the aid and cooperation of such public bodies and
shall attempt to coordinate the implementation of this Plan with the activities of such
public bodies in order to accomplish the purposes of redevelopment and to achieve
the highest public good.
Property of a public body shall not be acquired without its consent in accordance with
State Law. The Agency shall seek the cooperation of all public bodies, which own or
intend to acquire property in the Project Area.
The Agency may impose on all public bodies the planning and design controls
contained in and authorized by this Plan to ensure that present uses and any future
development by public bodies will conform to the requirements of the Plan. The
Agency is authorized, to the extent permissible by law, to financially (and otherwise)
assist public bodies in the cost of public land, buildings, facilities, structures or other
improvements (within or outside the Project Area) where such laid, buildings,
facilities, structures, or other improvements are of benefit to the Project Area.
(511) Property Management
During such time as property, if any, in the Project Area is owned by the Agency,
such property shall be under the management and control of the Agency. Such
properties may be rented or leased by the Agency pending their disposition.
(512) Payments to Ta)dng Agencies
The Agency may pay, but is not required to pay, in any year during which it owns
property in the Project Area directly to any City, County or district, including, but not
limited to, a school district, or other public corporation for whose benefit a tax would
have been levied upon such property had it not been tax exempt, an amount of
money in lieu of taxes.
In addition, to the extent required by State Law, the Agency shall remit payments to
the affected taxing agencies in a manner consistent with Section 33607.5, Section
33676(b), and any other pertinent and applicable sections of the Redevelopment
Law.
All such amounts shall be calculated after the amount required to be deposited in the
Low and Moderate Income Housing Fund has been deducted from the total amount
of tax increment funds received by the Agency in the applicable fiscal year. Such
payments shall be reduced in accordance with the provisions of Section 33607.5 of
the Redevelopment Law or any other applicable statute. Such payments shall be the
exclusive payments that are required to be made by the Agency to affected taxing
entities for the duration of this Plan Such payments may be subordinated to loans,
bonds, or other Agency indebtedness as provided by the Redevelopment Law.
The Agency may also pay to any taxing agency provided that the affected taxing
entity has approved these subordinate with territory located within the Project Area,
other than the City, any amounts of money which the Agency has found are
necessary and appropriate to, alleviate financial burden or detriment caused by the
Project pursuant to an agreement executed prior to January 1, 1994. The payments
to a taxing agency pursuant to such an agreement in any single year shall not exceed
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the amount of property tax revenues which would have been received by that taxing
agency if all the property tax revenues from the Project Area had been allocated to all
the affected taxing agencies without regard to the division of taxes required by
Section 33670 of the Redevelopment Law, except that a greater payment has been
established by agreement between the Agency and one or more taxing agencies,
except a school district, if the other taxing agencies agreed to defer payments for one
or more years in order to accomplish the purposes of the Project at an earlier time
than would otherwise be the case. The amount of any greater payments shall not
exceed the amount of payment deferred. The payments shall have been approved
by a resolution, adopted by the Agency, contained findings, supported by substantial
evidence, that the Project will cause or has caused a financial burden or detriment to
the taxing agency and that the payments are necessary to alleviate the financial
burden or detriment.
(513) Relocation of Persons Displaced by a Project
1. (514) Relocation Program
In accordance with the provisions of the California Relocation Assistance Law
(Government Code Section 7260, et sec.) ('Relocation Assistance Act"), the
guidelines adopted and promulgated by the California Department of Housing
and Community Development ('Relocation Guidelines") and the Rules and
Regulations for Implementation of the California Relocation Assistance Law
("Relocation Rules") adopted by the Agency, the Agency shall provide relocation
benefits and assistance to all "displaced" persons (including families, business
concerns, and others) as may be required by law. Such relocation a$istance
shall be provided in the manner required by the Relocation Rules. The Agency
shall make a reasonable effort to relocate displaced individuals, families, and
commercial and professional establishments within the Project Area. The Agency
is also authorized to relocate displaced persons to locations outside the Project
Area.
2. (515) Relocation Benefits and Assistance
The Agency shall provide all relocation benefits required by law and in
conformance with the Relocation Rules, Relocation Guidelines, Relocation
Assistance Act, the Redevelopment Law, and any other applicable rules and
regulations.
(516) Demolition,Clearance,Public Improvements,Site Preparation and Removal
of Hazardous Waste
1. (517) Demolition and Clearance
The Agency is authorized, for property acquired by the Agency or pursuant to an
agreement with the owner of property, to demolish, clear or move buildings,
structures, or other improvements from any real property as necessary to carry
out the purposes of this Plan.
2. (518) Public Improvements
To the greatest extent permitted by law, the Agency is authorized to install and
construct, or to cause to be installed and constructed, the public improvements
and public utilities (within or outside the Project Area) necessary to carry out the
purposes of this Plan. Specifically, the Agency may pay for, install, or construct
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the buildings, facilities, structures, and other improvements identified in Exhibit C,
attached hereto, and may acquire or pay for land required therefore. Additionally,
the Agency is authorized to install and construct, or to cause to be installed and
constructed, within or without the Project Area, for itself or for any public body or
entity for the benefit of the Project Area, public improvements and public facilities,
including, but not limited to: over or underpasses; bridges; streets; bikeways;
curbs; gutters; sidewalks; street lights; sewers; storm drains; traffic signals;
electrical distribution systems; natural gas distribution systems; wastewater
treatment facilities; cable TV and fiber optic communication systems; water
distribution systems; parks; windbreaks; trails; plazas,; playgrounds; motor vehicle
parking facilities; landscaped areas; schools; civic, cultural and recreational
facilities; camping facilities; and pedestrian improvements. The public facilities
and infrastructure improvement projects that may be undertaken by the Agency
pursuant to this Plan are identified in the General Plan, and capital improvement
program, incorporated herein by reference.
The Agency, as it deems necessary to carry out the Plan and subject to the
consent of the City Council, as may be required by the Redevelopment Law, may
pay all or part of the value of the land for and the cost of the installation and
construction of any building, facility, structure or other improvement which is
publicly owned either within or outside the Project Area, upon both the Agency
and the City Council making the applicable determinations required pursuant to
the Redevelopment Law.
When the value of such land or the cost of the installation and construction of
such building, facility, structure or other improvement, or both, has been, or will
be, paid or provided for initially by the City or other public corporation, the Agency
may enter into a contract with the City or other public corporation under which it
agrees to reimburse the City or other public corporation for all or part of the value
of such land or all or part of the cost of such building, facility, structure or other
improvements, or both, by periodic payments over a period of years. Any
obligation of the Agency under such contract shall constitute an indebtedness of
the Agency for the purposes of carrying out this Plan.
3. (519) Preparation of Building Sites
Any real property owned or acquired by the Agency may be developed as a
building site. In connection with such development it may cause, provide, or
undertake or make provisions with other agencies for the installation, or
construction of streets, utilities, parks, playgrounds and other publc
improvements necessary for carrying out this Plan.
4. (520) Removal of Hazardous Waste
To the extent legally allowable, the Agency may, in its sole discretion, take any
actions, which the Agency determines are necessary, and which are consistent
with other State and federal laws, to remedy or remove a release of hazardous
substances on, under, or from property within the Project Area.
(521) Rehabilitation, Moving of Structures by the Agency and Seismic Repairs
1. (522) Rehabilitation and Conservation
The Agency is authorized to rehabilitate and conserve, or to cause to be
rehabilitated and conserved, any property, building or structure owned by the
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Agency. The Agency is also authorized to advise, encourage, and assist
(through a loan program or otherwise) in the rehabilitation and conservation of
property, buildings or structures in the Project Area not owned by the Agency to
the extent permitted by the Redevelopment Law. The Agency is authorized to
acquire, restore, rehabilitate, move and conserve buildings of historic or
architectural significance.
The Agency is authorized to conduct a program of assistance and enforcement to
encourage owners of property within the Project Area to upgrade and maintain
their property consistent with this Plan and such standards as may be developed
for the Project Area.
The extent of rehabilitation in the Project Area shall be subject to the discretion of
the Agency based upon such objective factors as:
a. Compatibility of rehabilitation with land uses as provided for in this Plai.
b. Economic feasibility of proposed rehabilitation and conservation activity.
c. Structural feasibility of proposed rehabilitation and conservational activity.
d. The undertaking of rehabilitation and conservation activities in an expeditious
manner and in conformance with the requirements of this Plan and such
property rehabilitation standards as may be adopted by the Agency.
e. The need for expansion of public improvements, facilities and utilities.
f. The assembly and development of properties in accordance with this Plan.
The Agency may adopt property rehabilitation standards for the rehabilitation of
properties in the Project Area.
2. (523) Clearing or Moving Structures
As necessary in carrying out this Plan, the Agency is authorized to move, or to
cause to be moved, any building structures or other improvements from any real
property acquired.
3. (524) Seismic Repairs
For any project undertaken by the Agency within the Project Area for building
rehabilitation or alteration in construction, the Agency may, by following al
applicable procedures which are consistent with local, State, and federal law, take
those actions which the Agency determines are necessary to provide for seismic
retrofits.
4. (525) Graffiti Removal
Within the Project Area, the Agency after making the squired findings may take
any actions that it determines are necessary to remove graffiti from public or
private property.
(526) Property Disposition and Development
1. (527) Real Property Disposition and Development
a. (528) General
For the purposes of this Plan, the Agency is authorized to sell, lease for a
period not to exceed 99 years, exchange, subdivide, transfer, assign, pledge,
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encumber by mortgage, deed of trust, or otherwise dispose of any interest in
real property. To the extent permitted by law,the Agency is authorized to
dispose of real property by negotiated lease or sale without public bidding
after a noted public hearing. Except as otherwise permitted by law, before
any interest in property of the Agency acquired in whole or in part, directy or
indirectly, with tax increment moneys is sold or leased for development
pursuant to this Plan, such sale or lease shall be first approved by the City
Council by resolution after a noticed public hearing, together with such
findings as may then be required by State Law.
The real property acquired by the Agency in the Project Area, except property
conveyed by it to the City or any other public body, shall be sold or leased to
public or private persons or entities for improvement and use of the property
in conformance with this Plan. Real property may be conveyed by the
Agency to the City, and where beneficial to the Project Area, to any other
public body without charge or for an amount less than fair market value.
All purchasers or lessees of property from the Agency shall be obligated to
use the property for the purposes designated in this Plan, to begin and
complete improvement of such property within a period of time which the
Agency fixes as reasonable, comply with other covenants, conditions or
restrictions to prevent speculation or excess profit taking in undeveloped land,
including right of reverter to the Agency and to comply with other conditions
which the Agency deems necessary to carry out the purposes of this Plan.
During the period of redevelopment in the Project Area, the Agency shall
ensure that all provisions of this Plan, and other documents formulated
pursuant to this Plan, are being observed, and that development of the
Project Area is proceeding in accordance with applicable development
documents and time schedules.
All development, whether public or private, must conform to this Plan and all
applicable federal, State, and local laws, including without limitation the
General Plan and zoning ordinance, and all other state and local buildirg
codes, guidelines, or specific plans as they now exist or are hereafter
amended. Such development must receive the approval of all appropriate
public agencies.
b. (529) Purchase and Development Documents
To provide adequate safeguards to ensure that he provisions of this Plan will
be carried out and to prevent the recurrence of blight, all real property sold,
leased, or otherwise disposed of by the Agency, as well as all property
subject to Owner Participation Agreements and Disposition and Developmert
Agreements, shall be made subject to the provisions of this Plan by leases,
deeds, contracts, agreements, declarations of restrictions, provisions of the
General Plan and zoning ordinance, and all other state and local building
codes, guidelines, or master or specific plans as they now exist or are
hereafter amended, conditional use permits, or other means. Where
appropriate, as determined by the Agency, such documents or portions
thereof shall be recorded in the office of the Recorder of the County.
Leases, deeds, contracts, agreements, and declarations of restrictions of the
Agency may contain restrictions, covenants, covenants running with the land,
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rights of reverter, conditions subsequent, equitable servitudes, or any other
provisions necessary to carry out this Plan.
The Agency shall reserve such powers and controls in Disposition and
Development Agreements or similar agreements as may be necessary to
prevent transfer, retention, or use of property for speculative purposes and to
ensure that redevelopment is carried out pursuant to this Plan.
The Agency shall obligate lessees and purchasers of real property acquired in
the Project Area and owners of property improved as part of a redevelopment
project to refrain from restricting the rental, sale or lease of the property on the
basis of race, color, religion, sex, marital status, ancestry, or national origin of
any person. All deeds, leases, or contracts for the sale, lease, sublease or
other transfer of land in the Project Area shall contain or be sutject to such
nondiscrimination and non-segregation clauses as are required by
Redevelopment Law.
2. (530) Personal Property Disposition
For the purposes of this Plan, the Agency is authorized to sell, lease for a
period not to exceed 99 years, exchange, subdivide, transfer, assign, pledge,
encumber, or otherwise dispose of personal property or any other interest in
property by any lawful means.
3. (531) Prevention of Discrimination
a. (532) Redevelopment
The redeveloper shall comply with all state and local laws, in effect from
time to time, prohibiting discrimination or segregation by reason of race,
color, creed, religion, sex, marital status, national origin or ancestry, in the
sale, lease or occupancy of the property.
Pursuant to the Redevelopment Law (Sections 33337 and 33435-33436),
contracts entered into by the Agency relating to the sale, transfer or
leasing of land, or any interest therein acquired by the Agency within any
surrey area or redevelopment project, shall comply with the provisions of
said sections in substantially the form set forth therein. All such contracts
shall further provide that the provisions of said sections shall be binding
upon and shall obligate the contracting party or parties and any
subcontracting party or parties, or other transferees under the instrument.
b. (533) Deeds, Leases, and Contracts
All deeds, leases, and contracts which the Agency proposes to enter into
with respect to the sale, lease, sublease, transfer, use, occupancy, tenure
or enjoyment of any land in the Project Area shall contain the following
nondiscrimination and non-segregation clauses as prescribed by
Redevelopment Law, Section 33436: In deeds the following language
shall appear:
`The grantee herein covenants by and for himself or herself, his or her
heirs, executors, administrators and assigns, and all persons claiming
under or through them, that there shall be no discrimination against or
segregation of, any person or group of persons on account of race,
color, creed, religion, sex, marital status, national origin, or ancestry in
the sale, lease, sublease, transfer, use, occupancy, tenure, or
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enjoyment of the premises herein conveyed, nor shall the grantee or
any person claiming under or through him or her, establish or permit
any such practice or practices of discrimination or segregation with
reference to the selection, location, number, use or occupancy of
tenants, lessees, subtenants, sublessees, or vendees in the premises
herein conveyed. The foregoing covenants shall run with the land."
In leases, the following language shall appear:
`The lessee herein covenants by and for himself or herself, his or her
heirs, executors, administrators, and assigns, and all persons
claiming under or through him or her, and this lease is made and
accepted upon and subject to the following conditions:
"That there shall be no discrimination against or segregation of any
person or group of persons, on account of race, color, creed, religion,
sex, marital status, national origin, or ancestry, in the leasing,
subleasing, transferring, use, occupancy, tenure, or enjoyment of the
premises herein leased nor shall the lessee himself, or any person
claiming under or through him or her, establish or permit any such
practice or practices of discrimination or segregation with reference to
the selection, location, number, use, or occupancy, of tenants,
lessees, sublessees, subtenants, or vendees in the premises herein
leased."
In contracts, the following language shall appear:
"There shall be no discrimination against or segregation of any person
or group of persons on account of race, color, creed, religion, sex,
marital status, national origin or ancestry in the sale, lease, sublease,
transfer, use, occupancy, tenure or enjoyment of the land, nor shall
the transferee itself or any person claiming under or through it,
establish or permit any such practice or practices of discrimination or
segregation with reference to the selection, location, number, use or
occupancy of tenants, lessees, subtenants, sublessees or vendees of
the land. The foregoing provision shall be binding upon and shall
obligate the contracting party or parties and any subcontracting party
or parties, or other transferees under the instrument."
(534) Low-and Moderate-Income Housing
The Agency shall comply with all of the low- and moderate-income housing
requirements of the Redevelopment Law which are applicable to this Plan, including
applicable expenditure, replacement and inclusionary housing requirements,
including but not limited to the following:
No less than twenty percent of all tax increment funds allocated to the Agency shall
be used for the purposes of increasing, improving, and preserving the supply of low
and moderate-income housing available at affordable housing costs to persons and
families of low or moderate income and very low income households that is occupied
by these persons and families, unless the Agency makes annual findings by
resolution as required under Redevelopment Law.
The tax increment funds that are required to be used for increasing and inproving the
supply of low- and moderate-income housing shall be held in a separate Low and
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Moderate-Income Housing Fund until used. The moneys in the Low and Moderate-
Income Housing Fund shall be used to increase, improve, and preserve the supply of
low- and moderate-income housing.
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, 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 Project Area or within the jurisdiction of the Agency in
accordance with Redevelopment Law."
SECTIONVII (600)
(601) Maps and Uses Permitted
The Map attached hereto as Exhibit A and incorporated herein illustrates the location
of the Project Area boundaries. The land uses permitted by this Plan shall be those
permitted by the General Plan and zoning ordinance, and all other state and local
building codes, guidelines, or specific plans as they now exist or are hereafter
amended. A diagram of current permitted uses is presented on Exhibit D.
(602) Public Uses
1. (603) Public Street Layout, Rights-of-Way and Easements
The public street system and street layout for the Project Area is illustrated on the
Map identified as Exhibit A. The street system in the Project Area shall be
developed in accordance with the General Plan, and all other state and local
codes, guidelines, or master or specific plans as they now exist or are hereafter
amended.
Certain streets and rights-of-way may be widened, altered, realigned, abandoned,
vacated, or closed by the City as necessary for proper development of the Project
Area. Additional easements may be created by the Agency and City in the
Project Area as needed for proper development and circulation.
The public rights-of-way shall be used for vehicular, bicycle and/or pedestrian
traffic as well as for public improvements, public and private utilities and activities
typically found in public rights-of-way. In addition, all necessary easements for
public uses, public facilities, and public utilities may be retained or created.
2. (604) Other Public and Open Space Uses
Both within and, where an appropriate finding has been determined, outside of
the Project Area, the Agency may take actions to establish, or enlarge public,
institutional, or non-profit uses, including, but not limited to, schools, community
centers, auditorium and civic center facilities, theatres and cultural facilities,
criminal justice facilities, park and recreational facilities, parking facilities, transit
facilities, libraries, hospitals, educational, fraternal, philanthropic and charitable
institutions or other similar associations or organizations. All such uses shall be
deemed to conform to the provisions of this Plan provided that such uses conform
to all other applicable laws and ordinances and that such uses are approved by
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the City. The Agency may impose such other reasonable restrictions as are
necessary to protect development and uses in the Project Area.
(605) Nonconfonning Uses
The Agency is authorized but not required to permit an existing use to remain in an
existing building in good condition if the use does not conform to the provisions of this
Plan, provided that such use is generally compatible with existing and proposed
developments and uses in the Project Area.
The Agency may take actions to, but is not required to, authorize additions,
alterations, repairs or other improvements in the Project Area for buildings which do
not conform to the provisions of this Plan where, in the determination of the Agency,
such improvements would be compatible with surrounding Project Area uses and
proposed development.
(606) Interim Uses
Pending the ultimate development of land by developers and participarts, the Agency
is authorized to use or permit the use of any land in the Project Area for interim uses.
Such interim use, however, shall conform to General Plan and zoning ordinance, and
all other state and local building codes, guidelines, or specific plans as they now exist
or are hereafter amended.
(607) General Control and Limitations
All real property in the Project Area is hereby made subject to the controls and
requirements of this Plan. No real property shall be subdivided, developed,
redeveloped, rehabilitated, or otherwise changed after the date of the adoption of this
Plan except in conformance with the goals and provisions of this Plan and the
regulations and requirements of the General Plan and zoning ordinance, and all other
state and local building codes, guidelines, or master or specific plans as they now
exist or are hereafter amended. The land use controls of this Plan shall apply for the
periods set forth in Section 1000 below. The type, size, height, number and use of
buildings within the Project Area will be controlled by the General Plan and applicable
zoning ordinance, and all other state and local building codes, guidelines, or master
or specific plans as they now exist or are hereafter amended.
1. (608) New Construction
All construction in the Project Area shall comply with all applicable State and local
laws in effect from time to time. In addition to the City land use regulations and
requirements in the Project Area, additional specific performance and
development standards may be adopted by the Agency to control and direct
improvement activities in the Project Area.
2. (609) Rehabilitation
Any existing structure within the Project Area which the Agency enters into an
agreement for retention and rehabilitation shall be repaired, dtered,
reconstructed, or rehabilitated in accordance with the applicable law and in such a
manner that it will meet the following requirements: be safe and sound in all
physical respects, be attractive in appearance and not detrimental to the
surrounding uses.
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3. (610) Number of Dwelling Units
The General Plan shall regulate the total number of dwelling units in the Project
Area. As of the date of adoption of this Plan, there are approximately five
hundred (500) dwelling units in the Project Area.
4. (611) Open Space and Landscaping
The approximate amount of open space to be provided in the Project Area is the
total of all areas so designated in the General Plan and zoning ordinance, and all
other state and local building codes, guidelines, or specific plans as they now
exist or are hereafter amended, and those areas in the public rights-of-way or
provided through site coverage limitations on new development as established by
the City and this Plan. Landscaping shall be developed in the Project Area to
ensure optimum use of living plant material in conformance with the standards of
the City.
5. (612) Limitations on Type, Size, Height, Number and Proposed Use of
Buildings
The limits on building intensity, type, size, height, number and proposed use shall
be established in accordance with the provisions of the General Plan and zoning
ordinance, and all other state and local building codes, guidelines, or master or
specific plans as they now exist or are hereafter amended.
6. (613) Signs
All signs shall conform to the requirements of the City. Design of all proposed
new signs shall be subject to the review of the City and the procedures of this
Plan.
7. (614) Utilities
The Agency, in conformity with the City municipal code, and City policies, shall
require that all utilities be placed underground whenever physically possible and
economically feasible on projects funded in whole or in part by the Agency or
subject to a Disposition and Development Agreement or an Owner Participation
Agreement.
If the Agency determines that placing all utilities underground is not economically
feasible, the Agency may petition the City Council on behalf of a participant to
waive the requirement to place all utilities underground.
8. (615) Subdivision of Parcels
No parcels in the Project Area, including any parcel retained by a participant, shall
be consolidated, subdivided or re-subdivided without the approval of the City.
9. (616) Variations
The Agency is authorized to permit variations from the limits, restrictions and
controls established by this Plan. In order to permit any such variation, the
Agency must determine all of the following:
a. The application of certain provisions of this Plan would result in practical
difficulties or unnecessary hardships inconsistent with the general purposes
and intent of this Plan.
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AMENDED AND RESTATED REDEVELOPMENT PLAN
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b. There are exceptional circumstances or conditions applicable to the property
or to the intended development of the property, which do not apply generally
to other properties having the same standards, restrictions, and controls.
c. Permitting a variation will not be materially detrimental to the public welfare or
injurious to property or improvements in the area.
d. Permitting a variation will not be contrary to the objectives of this Plan.
No such variation shall be granted other than a minor departure from the
provisions of this Plan. In permitting any such variation, the Agency shall impose
such conditions as are necessary to protect the public health, safety, and welfare,
and to assure compliance with the purposes of this Plan.
(617) Design for Development
Within the limits, restrictions, and controls established in this Plan, and subject to the
provisions of Sections 601 and 607 herein, the Agency is authorized to establish land
use, heights of buildings, land coverage, setback requirements, design criteria, traffic
circulation, traffic access, and other development and design controls necessary for
proper development of both private and public areas within the Project Area.
No new improvement shall be constructed, and no existing improvement shall be
substantially modified, altered, repaired, or rehabilitated except in accordance with
this Plan and any such controls approved by the Agency. In the case of property,
which is the subject of a Disposition and Development Agreement or an Owner
Participation Agreement with the Agency, such property shall be developed in
accordance with the provisions of such Agreement. One of the objectives of this Plan
is to create an attractive and pleasant environment in the Project Area. Therefore,
such plans shall give consideration to good design, open space and other amenities
to enhance the aesthetic quality of the Project Area. The Agency shall not approve
any plans that do not comply with this Plan except as permitted by Section 616 of this
Plan.
(618) Building Permits
Any building permit that is issued for the rehabilitation or construction of any new
building or any addition, construction, moving, conversion or alteration to an existing
building in the Project Area from the date of adoption of this Plan must be in
conformance with the provisions of this Plan, any design for development adopted by
the Agency, any restrictions or controls established by resolution of the Agency, and
any applicable participation or other agreements.
SECTION Vill rr) METHODS FOR FINANCING THE PROJECT
(701) General Description of the Proposed Financing Methods
Upon adoption of this Plan by the City Council, the Agency is authorized to finance
implementation of this Plan with assistance from local sources, the State and/or the
federal government, property tax increment, interest income, Agency bonds,
donations, loans from private financial institutions or any other legally available
source.
The Agency is also authorized to obtain advances, borrow funds, issue bonds or
other obligations, and create indebtedness in carrying out this Plan. The principal
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AMENDED AND RESTATED REDEVELOPMENT PLAN
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and interest on such indebtedness may be paid from tax increment revenue or any
other funds available to the Agency. Advances and loans for survey and plannhg
and for the operating capital for administration of this Plan may be provided by the
City until adequate tax increment revenue or other funds are available to repay the
advances and loans. The City or other public agency, as it is able, may also supply
additional assistance through issuance of bonds, loans and grants and in-kind
assistance. Any assistance shall be subject to terms established by an agreement
between the Agency, City and/or other public agency providing such assistance.
The Agency may issue bonds or other obligations and expend their proceeds to carry
out this Plan. The Agency is authorized to issue bonds or other obligations as
appropriate and feasible in an amount sufficient to finance all or any part of Plan
implementation activities. The Agency shall pay the principal and interest on bonds
or other obligations of the Agency as they become due and payable.
(702) Tax Increment Revenue
For the purposes of the collection of property tax revenue pursuant to this Plan, the
effective date of the ordinance shall mean and refer to:
For Baristo-Farrell Constituent Area adopted by Ordinance No. 1264: May 7,
1986.
Canyon Constituent Area adopted by Ordinance No. 1388: July 19, 1991.
• Tahquitz-Andreas Constituent Area adopted by Ordinance No.1187: July 19,
1983.
All taxes levied upon taxable property within the Project Area each year by or for the
benefit of the State, County, City, district, or other public corporation (hereinafter
called'Taxing Agency" or'Taxing Agencies") after the effective date of the ordinance,
shall be divided as follows:
1. That portion of the taxes which would be produced by the rate upon which the tax
is levied each year by or for each of said Taxing Agencies upon the total sum of
the assessed value of the taxable property in the Project Area as shown upon the
assessment roll used in connection with the taxation of such property by such
Taxing Agency, last equalized prior to the effective date of the ordinance, shall be
allocated to and when collected shall be paid to the respective Taxing Agencies
as taxes by or for said Taxing Agencies on all other property are paid (for the
purpose of allocating taxes levied by or for any Taxing Agency or Agencies which
did not include the territory in the Project Area on the effective date of the
ordinance but to which such territory has been annexed or otherwise included
after such effective date, the assessment roll of the County last equalized on the
effective date of the Ordinance shall be used in determining the assessed
valuation of the taxable property in the Project Area on said effective date).
2. That portion of said levied taxes each year in excess of such amount shall be
allocated to and when collected shall be paid into a special fund of the Agency to
pay the principal of and interest on loans, monies advanced to, or indebtedness
(whether funded, refunded, assumed, or otherwise) incurred by the Agency to
finance or refinance, in whole or in,part, the Project and this Plan. Unless and
until the total assessed valuation of the taxable property in the Project Area
exceeds the total assessed value of the taxable property in the Project Area as
shown by the last equalized assessment roll referred to in paragraph (1.) hereof,
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AMENDED AND RESTATED REDEVELOPMENT PLAN
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all of the taxes levied and collected upon the tacable property in the Project Area
shall be paid to the respective Taxing Agencies. When said loans, advances,
and indebtedness, if any, and interest thereon, have been paid, all monies
thereafter received from taxes upon the taxable property in the Proje;t Area shall
be paid to the respective Taxing Agencies as taxes on all other property are paid.
3. That portion of the taxes in excess of the amount identified in paragraph (1.)
above which is attributable to a tax rate levied by a Taxing Agency for the
purpose of producing revenues in an amount sufficient to make annual
repayments of the principal of and interest on any bonded indebtedness for the
acquisition or improvement of real property shall be allocated to, and when
collected shall be paid into, the fund of that Taxing Agency. This paragraph (3.)
shall only apply to taxes levied to repay bonded indebtedness approved by the
voters on or after January 1, 1989.
The Agency is authorized to make pledges as to specific advances, loans and
indebtedness as appropriate in carrying out the Project. The portion of taxes
allocated and paid to the Agency pursuant to subparagraph (2.) above is
irrevocably pledged to pay the principal of and interest on loans, monies
advanced to, or indebtedness (whether funded,refunded, assumed, or otherwise)
incurred by the Agency to finance or refinance, in whole or in part, the
redevelopment program for the Project Area.
(703) Agency Bonds
The Agency is authorized to issue bonds and other obligations from time to time, if it
deems it appropriate to do so, in order to finance all or any part of Plan
implementation activities.
Neither the members of the Agency nor any persons executing the bonds are liable
personally on the bonds or other obligations by reason of their issuance.
The bonds and other obligations of the Agency are not a debt of the City, County, or
the State; nor are any of its political subdivisions liable for them; nor in any event shall
the bonds or obligations be payable out of any funds or properties other tian those of
the Agency; and such bonds and other obligations shall so state on their face. The
bonds and other obligations do not constitute an indebtedness within the meaning of
any constitutional or statutory debt limitation or restriction.
(704) Other Loans and Grants
Any other loans, grants, guarantees or financial assistance from the federal
government, the State, or any other public or private source will be utilized, if
available, as appropriate in carrying out this Plan. In addition, the Agencymay make
loans as permitted by law to public or private entities for any of its redevelopment
purposes.
(705) Rehabilitation Loans,Grants,and Rebates
To the greatest extent allowed by State Law, the Agency and the City may commit
funds from any source to rehabilitation programs for the purposes of loans, grants, or
rebate payments for self-financed rehabilitation work. The rules and regulations for
such programs shall be those which may already exist or which may be developed in
the future. The Agency and the City shall seek to acquire grant funds and direct loan
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AMENDED AND RESTATED REDEVELOPMENT PLAN
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allocations from State and federal sources, as they may be available from time to
time, for the carrying out of such programs.
' SECTION Vill :00ACTIONS
The City shall aid and cooperate with the Agency in carrying out this Plan and shall take all
reasonable actions necessary to ensure the continued fulfillment of the purposes of this Plan
and to prevent the recurrence or spread in the Project Area of conditions of blight. Actions by
the City may include, but shall not be limited to, the following:
1. Institution and completion of proceedings for opening, closing, vacating, widening, or
changing the grades of streets, alleys, and other public rights-of-way, and for other
necessary modifications of the streets, the street layout, and other public rights-of-way in
the Project Area. Such action by the City shall include the requirement of abandonment
and relocation by the utility companies of their operations in public rights-of-way as
appropriate to carry out this Plan, provided that nothing in this Plan shall be deemed to
require the cost of such abandonment, removal, and relocation to be borne by others
than those legally required to bear such costs.
2. Institution and completion of proceedings necessary for changes and improvements to
publicly owned parcels and utilities in the Project Area.
3. Performance of the above, and of all other functions and services relating to public health,
safety, and physical development normally rendered in accordance with a schedule
which will permit the redevelopment of the Project Area to be commenced and carried to
completion without unnecessary delays.
4. Imposition, whenever necessary and applicable, of appropriate design controls within the
limits of this Plan in the Project Area to ensure proper development and use of land.
5. Provisions for administration/enforcement of this Plan by the City after completion of
development.
6. The undertaking and completion of any other proceedings necessary to carry out the
Project.
7. The expenditure of any City funds in connection with redevelopment of the Project Area
pursuant to this Plan.
8. Revision of the City zoning ordinance, adoption of master or specific plans or execution of
statutory development agreements to permit the land uses and facilitate the development
authorized by this Plan.
SECTION00
Upon adoption, the administration and enforcement of this Plan or other documents
implementing this Plan shall be performed by the City and/or the Agency, as appropriate.
The provisions of this Plan or other documents entered into pursuant to this Plan may also be
enforced by litigation or similar proceedings by either the Agency or the City. Such remedies
may include, but are not limited to, specific performance, damages, re-entry onto property,
power of termination, or injunctions. In addition, any recorded provisions, which are
expressly for the benefit of owners of property in the Project Area, may be enforced by such
owners.
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SECTION X(1000) PLAN LIMITATIONS
The following financial and time limitations shall apply to this Plan:
(1001) Amount of Cumulative Taos Increment Revenue
The number of dollars of taxes which may be divided and allocated to the Agency
pursuant to Section 33670 of the Redevelopment Law, inclusive of payments to
taxing agencies, shall not exceed the following as listed on Table A:
MERGED REDEVELOPMENT PROJECT NO. 2 TABLE A
REDEVELOPMENT PLAN LIMITS
Amount of Bonded Limit of
Indebtedness Cumulative Final Date of Termination
Outstanding at Tax Increment Date to Plan Date
Constituent Area Any One Time Revenue 1/ Incur Debt Termination of Revenue
Baristo-Farrell $ 345.000,000 $ 80,000,000 5/7106 5/7/26 5/7136
Canyon 2,100,000,000 800,000,000 7/19/11 7/19/31 7/19/41
Tahquitz-Andreas 90,000,000 90,000,000 1/1104 7/19/23 7/19/33
1/From the original date of redevelopment plan adoption for each constituent area
(1002) Amount of Bonded Indebtedness Outstanding At Any One Time
The amount of bonded indebtedness, to be repaid in whole or in part from the
allocation of taxes pursuant to Section 33670 of the Redevelopment Law, which can
be outstanding at one time, shall not exceed the limits as listed on Table A.
(1003) Time Frame to Incur Indebtedness
The time limit on the establishing of loans, advances, and indebtedness to be paid
with the proceeds of property taxes received pursuant to Section 33670 of the
Redevelopment Law to finance in whole or in part the redevelopment project shall be
the time period as provided on Table A. These limits, however, shall not prevent the
Agency from incurring debt to be paid from the low and moderate income housing
fund or establishing more debt in order to fulfill the Agency's housing obligations
under Section 33333.8 of the Redevelopment Law. The loans, advances, or
indebtedness may be repaid over a period of time longer than this time limit as
provided herein. No loans, advances, or indebtedness to be repaid from the
allocation of taxes shall be established or incurred by the Agency beyond this time
limitation. This limit shall not prevent the Agency from financing, refunding, or
restructuring indebtedness after the time limit if the indebtedness is not increased
and the time during which the indebtedness is to be repaid is not extended beyond
the time limit to repay indebtedness required by this section.
Provided, however, that the time limits established in this Section 1003 may be
extended in the manner provided by applicable law.
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(1004) Duration of This Plan
Except for the nondiscrimination and nonsegregation provisions of this Plan, and
recorded covenants implementing the same, which shall remain in effect in
perpetuity, and except as otherwise expressly provided herein, the provisions of this
Plan shall be effective, and the provisions of other documents formulated pursuant to
this Plan shall be effective until the termination date as shown on Table A.
After the expiration of the effective term of the Plan, the Agency shall have no
authority to act pursuant to the Plan except to pay previously incurred indebtedness
and to enforce existing covenants or contracts. However, if the Agency has not
completed its housing obligations pursuant to Section 33333.8 of the
Redevelopment Law, the Agency shall retain its authority to implement requirements
under 33333.8, including the ability to incur and pay indebtedness for this purpose,
and shall use this authority to complete these housing obligations as soon as is
reasonably possible.
(1005) Time Frame to Collect Tax Increment Revenue
Except as otherwise provided herein or by Redevelopment Law, the time limitation
for the receipt of tax increment and the payment of indebtedness with the tax
increment pursuant to Section 33670 of the Redevelopment Law the termination
date of revenue, as represented on Table A.
SECTIONXI (1100) PROCEDURE OF AMENDMENT
This Plan may be amended by means of the procedure established in Sections 33450-33458
of the Redevelopment Law or by any other procedure hereafter established by law.
ROSENOW SPEVACEK GROUP, INC. PAGE 25
Amended and Restated Redevelopment Plan
Merged Redevelopment Project No. 2
Exhibit A-Project Area Map
ROSENOW SPEVACEK GROUP, INC. PAGE 26
AMENDED AND RESTATED REDEVELOPMENT PLAN
MERGED REDEVELOPMENT PROJECT NO.2
YSTA
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BARISTO-FARRELL
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PROJECT AREA MAP
MERGED REDEVELOPMENT PROJECT AREA NO.2
COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS
ROSENOW SPEVACEK GROUP,INC. PAGE 27
Amended and Restated Redevelopment Plan
Merged Redevelopment Project No. 2
Exhibit B - Legal Description
ROSENOW SPEVACEK GROUP, INC. PAGE 28
AMENDED AND RESTATED REDEVELOPMENT PLAN
MERGED REDEVELOPMENT PROJECT NO,2
BARISTO- FARRELL REDEVELOPMENT PROJECT AREA
LEGAL DESCRIPTION
This Legal Description is to be used in conjunction with the Boundary Map of the Baristo
Farrell Redevelopment Project. ,
All of that certain real property in the City of Palm Springs, County of Riverside, State of
California described as follows:
Point of Beginning
Beginning at the intersection of the northline of Alejo Road (40 feet wide) with the Westerly
Right-of-Way line of Calle Alvarado (60 feet wide);
Thence Easterly along said northline to its intersection with the Easterly Rightof-Way line of
Calle De Los Caballeros (100 feet wide);
Thence Southerly along said Easterly Right-of-Way line to its intersection with the Southerly
line of Parcel Map recorded in Book 18, Page 38 of Parcel Maps, Records of said County;
Thence Easterly along said Southerly line and its Easterly prolongation to its intersection with
the Westerly line of Tract No. 14009-3, as shown on map recorded in Book 134, Pages 69
and 70 of Maps, Records of said County;
Thence Southerly along said Westerly line and the Westerly line of Tract 140092, as shown
on map recorded in Book 134, Pages 18 and 19 of Maps, Records of said County to the
Northerly Right-of-Way line of Amado Road (80 feet wide);
Thence Easterly along said Northerly Right-of-Way line to its intersection with the Easterly
Right-of-Way line of Hermosa Drive (60 feet wide);
Thence Southerly along said Easterly Right-of-Way line to its intersection with the Northerly
Right-of-Way line of Andreas Road;
Thence Easterly along said Northerly Right-of-Way line to its intersection with the Easterly
Right-of-Way line of Sunrise Way (80 feet wide);
Thence Southerly along said Easterly Right-of-Way line to its intersection with the Northerly
line of Lot 1, San Jacinto Estates Tract, recorded in Book 21, Pages 47 and 48 of Maps,
Records of said County;
Thence Easterly along said Northerly line and the Northerly line of Lots 2 and 3 and the
Easterly line of Lot 3, 4 and 5 all of said San Jacirto Estates to its intersection with the
Northerly line of Baristo Road;
Thence Easterly along said Northerly line to its intersection with the Westerly line of Lot 21 of
Section 13 of Palm Valley Colony Lands as shown on map recorded in Book 14, Page 652of
Maps, Records of San Diego County;
Thence Northerly along said Westerly line and its Northerly prolongation to its intersection
with the Northerly Right-of-Way line of Tahquitz McCallum Way (100 feet wide);
ROSENOW SPEVACEK GROUP, INC. PAGE 29
AMENDED AND RESTATED REDEVELOPMENT PLAN
MERGED REDEVELOPMENT PROJECT NO,2
Thence Easterly along said Northerly Right-of-Way line to its intersection with the Westerly
Right-of-Way line of Louella Road;
Thence Southerly along said Westerly Right-of-Way line to its intersection with the
Northwesterly Right-of-Way line of Paseo Florido;
Thence Southwesterly along said Northwesterly Right-of-Way line to its intersection with the
Southwesterly Right-of-Way line of Calle Begonia;
Thence Southeasterly and Easterly along said Southwesterly Rightof-Way line to its
intersection with the Westerly line of Lot 222 of amended Map ofTract No. 10346, as shown
on map recorded in Book 97, Pages 72 through 81, inclusive of Maps, Records of said
County;
Thence Southerly and Easterly along said Westerly and Southerly lines of said Lot 222 to its
intersection with the most Easterly line of Lot 206 of said amended Map of Tract No.1O346;
Thence Southeasterly along said most Easterly line to its intersection with the Northwesterly
Right-of-Way line of Calle Petunia;
Thence Southwesterly along said Northwesterly Right-of--Way line to its intersection with the
Southwesterly Right-of-Way line of Calle Petunia (26 feet wide);
Thence Southeasterly along said Southwesterly Right-of-Way line to its intersection with the
Northerly Right-of-Way line of Baristo Road (88 feet wide);
Thence Easterly along said Northerly Right-of-Way line to its intersection with the Easterly
Right-of-Way line of El Cielo Road, (100 feet wide);
Thence Southerly along said Easterly Right-of-Way line to its intersection with the Southerly
Right-of-Way line of Ramon Road, (117 feet wide);
Thence Westerly along said Southerly Right-of-Way line to its intersection with the Southerly
prolongation of the Westerly line of Lot H of Tract No. 19396 as shown on map recorded in
Book 144, Pages 66 through 71, inclusive of Maps, Records of said County;
Thence Northerly along said Southerly prolongation and the Westerly line of Lots H and D of
said Tract 19396 to its intersection with the Southerly Rightof-Way line of Via Vaquero Road,
(60 feet wide);
Thence Westerly along said Southerly Right-of-Way line to its intersection with the Easterly
line of Lot 29 of Section 13 of said Palm Valley Colony Lands;
Thence Northerly along said Easterly line to its intersection with the Northerly line of Lot 1 of
Tract No. 15779 as shown on map recorded in Book 116, Pages 78 and 79 of maps,
Records of said County;
Thence Westerly along said Northerly line to its intersection with the Easterly Rightof-Way
line of Farrell Drive (88 feet wide);
Thence Southerly along said Easterly Right-of-Way line to its intersection with the Southerly
Right-of-Way line of Ramon Road (90 feet wide);
Thence Easterly along said Southerly Right-of-Way line to its intersection with the Easterly
Right-of-Way line of Sunrise Way (120 feet wide);
ROSENOW SPEVACEK GROUP, INC. PAGE 30
AMENDED AND RESTATED REDEVELOPMENT PLAN
MERGED REDEVELOPMENT PROJECT NO.2
Thence Southerly along said Easterly Right-of-Way line to its intersection with the Southerly
Right-of-Way line of Riverside County Flood Control District Channel per Documents No. 826
and 829 recorded August 2,1950;
Thence Westerly and Northerly along said Southerly Right-of--Way line to its intersection with
the Southerly Right-of-Way line of Ramon Road (90 feet wide);
Thence Westerly along said Southerly Right-of-Way line to its intersection with the Southerly
prolongation of the Westerly line of Lot 258 of Section 14, TAS, RAE., SBBM;
Thence Northerly along said Southerly prolongation and the Westerly line of Lots 258 and
255 of said Section 14 and their prolongations to its intersection with the Southerly Rightof-
Way line of Baristo Road;
Thence Westerly along said Southerly Right-of-Way line to its intersection with the Westerly
line of Lot 1 of Tract No. 118821 as shown on map recorded in Book 100, Pages 82 and 83
of Maps, Records of said County;
Thence Southerly along said Westerly line and its Southerly prolongaton to its intersection
with the Southerly Right-of-Way line of Riverside County Flood Control District, also being the
Northerly line of Parcel Map recorded in Book 66, Page 35 of Parcel Maps, Records of said
County;
Thence Easterly along said Southerly Right-of-Way line to its intersection with the Westerly
line of Lot 3 of Tract 10855 as shown on map recorded in Book 118, Pages 41 through 43
inclusive of maps, Records of said County;
Thence Southerly along said Westerly line to its intersection with aline 363 feet Northerly and
parallel with the Northerly Right-of--Way line of Ramon Road;
Thence Westerly along said parallel line to its intersection with the centerline of Calle El
Segundo;
Thence Northerly along said centerline to its intersection with the centerline of Tahquitz-
McCallum Way(100 feet wide);
Thence Easterly along said centerline of Tahquitz-McCallum Way to its intersection with the
centerline of Calle De Los Caballeros (100 feet wide);
Thence Northerly along said centerline to its iniarsection with the centerline of Amado Road;
Thence Westerly along said centerline to its intersection with the Westerly Rightof-Way line
of Calle Alvarado;
Thence Northerly along said Westerly Right-of-Way line to the point of beginning.
ROSENOW SPEVACEK GROUP,INC. PAGE 31
' AMENDED AND RESTATED REDEVELOPMENT PLAN
MERGED REDEVELOPMENT PROJECT NO.2
CANYON REDEVELOPMENT PROJECT AREA
LEGAL DESCRIPTION
The boundaries of the Canyon Redevelopment Project Area, generally described as
follows, are a contiguous area:
Commencing at the intersection of the Easterly line of South Palm Canyon Drive, 60
feet wide, and the Northerly line of Murray Canyon Drive, 88 feet wide;
Thence Easterly along the Northerly line of Murray Canyon Drive, across Sierra Madre, 60
feet wide, 1260 feet;
Thence, Northeasterly along the said Northerly line of Murray Canyon Drive 4420 feet, mve
or less, to the intersection of the Northerly line of Murray Canyon Drive and the Easterly line
of Section 35, Township 4 South, Range 4 East;
Thence, Southerly along the Easterly line of Section 35 Township 4 South, Range 4 East, 88
feet to the intersection of the Riverside County Flood Control Plain;
Thence, Northeasterly along the Westerly line of the Riverside County Flood Control Plain
920 feet to the intersection of the Northerly boundary of Section 36 Township 4 South,
Range 4 East;
Thence, Easterly along the Northerly boundary of Section 36 Township 4 South, Range 4
East 746.2 feet to the intersection of the Westerly boundary of the Riverside County Flood
Control Plain;
Thence, Southwesterly 3100 feet along the Easterly line of the Riverside (bunty Flood
Control Plain, to the intersection of the Easterly line of Section 35 Township 4 South, Range
4 East;
Thence, Westerly 236.44 feet along the Northerly line of parcel no. 51Z190-019 to the point
of intersection of the Westerly line of parcel In). 512-190-019;
Thence, Southwesterly on the Westerly line of parcel no. 512-190-019 1780 feet to the
intersection of the prolongation of the Westerly line of parcel no. 51a190-019 and the
Southerly line of Bogert Trail, 60 feet wide;
Thence, Westerly 1580 feet along the Southerly line of Bogert Trail to the intersection of the
half-section line of Section 35 Township 4 South, Range 4 East;
Thence, Southerly, along the halsection line of Section 35 Township 4 South, Range 4 East
660 feet to the intersection of the Northerly line of parcel no. 512-210-012;
Thence 1330 feet Easterly along the Northerly line of parcel no. 512-210-02 to the
intersection of the Westerly line of parcel no. 512.210-016;
ROSENOW SPEVACEK GROUP, INC. PAGE 32
AMENDED AND RESTATED REDEVELOPMENT PLAN
MERGED REDEVELOPMENT PROJECT NO.2
Thence, Southerly 660 feet along the Westerly line d parcel 512-210-016 to the intersection
of the Southerly line of Section 35 Township 4 South, Range 4 East;
Thence, Westerly along the Southerly boundary of Section 35 Township 4 South, Range 4
East 4412 feet to the intersection of the Southeasterly bourdary of Section 34 Township 4
South, Range 4 East;
Thence Westerly along the Southerly boundary of Section 34 Township 4 South, Range 4
East 5280 feet to the intersection of the Westerly section line of Section 34 Township 4
South, Range 4 East;
Thence, Northerly along the Westerly line of Section 34 Township 4 South, Range 4 East
1320 feet to the intersection of the most Southerly line of parcel number 513460-023;
Thence, Easterly 1320 feet along the Southerly line of parcel number 513460-023 to the
point of intersection of the Northerly extension of the Westerly line of parcel 513460-023;
Thence, Northerly along the Northerly extension of the Westerly line of parcel 513460-015
2640 feet to the point of intersection of the prolongation of the Northely extension of the
Westerly line parcel number 5134460-013 and the Southerly line of parcel 510,460-002;
Thence 1326 feet along the Southerly line of parcel 513-460-002 to the intersection of the
half-section line of Section 34 Township 4 South, Range 4East;
Thence, Southerly 660 feet along the said halfsection line to the intersection of the Northerly
line of parcel number 513-460-001;
Thence, Westerly along the Northerly line of parcel 513-541-001, 2640 feet to the point of
intersection of the prolongation of Northerly line of parcel 513-541-001 and the Westerly
section line of Section 35 Township 4 South, Range 4 East;
Thence Southerly along the Westerly line of Section 35 Township 4 South, Range 4 East
120 feet, more or less, to the intersectionof the Southerly line of parcel no. 512180-007;
Thence Easterly 232.62 feet along the Southerly line of parcel 512-180-017 across South
Palm Canyon Drive, 60 feet wide, to the intersection of the prolongation of the Southerly line
of parcel 512-180-017 and the Easterly line of South Palm Canyon Drive;
Thence, Southwesterly along the Easterly boundary of South Palm Canyon Drive 280 feet to
the point of beginning.
ROSENOW SPEVACEK GROUP,INC. PAGE 33
' AMENDED AND RESTATED REDEVELOPMENT PLAN
MERGED REDEVELOPMENT PROJECT NO.2
TAHQUITZ-ANDREAS REDEVELOPMENT PROJECT AREA
LEGAL DESCRIPTION
Those portions of Sections 11 and 14, Township 4 South, Range 4 East, San
Bernardino base and meridian in the City of Palm Springs, County of Riverside,
described as follows:
Beginning at the intersection of the centerline of Indian Avenue and the centerline of Ramon
Avenue which point is also the southwest corner of said Section 14;
Thence Easterly along said centerline of Ramon Avenue a distance of 50.00 feet to the true
point of beginning;
Thence North 89036'00" East, along said centerline of Ramon Road, a distance of 1,081.17
feet to the centerline of Calle El Segundo;
Thence North 0008'17" East, a distance of 974.34 feet to the centerline of Saturmino Road;
Thence North 0004'07" East, along the centerline of Calle El Segundo, a distance of 1,106.33
feet to the centerline of Arenas Road;
Thence North 0002'33" East, along the centerline of Calle El Segundo, a distance of 556.99
feet to the centerline of Tahquitz McCallum Way;
Thence North 89°48'00" East, along said centerline, a distance of 1,502.82 feet to the
centerline of Avenida Caballeros;
Thence North 0012'00"West, along said centerline to the centerline of Amado Road;
Thence North 89055'23" West, along said centerline of Amado Road, a distance of 1.503.43
feet to the intersection of Calle El Segundo;
Thence North 0004'38" West, along said centerline of Calle El Segundo, a distance of
1,316.18 feet to the intersection of Alejo Road, said line also being the north line of Section
14;
Thence South 89047'20" East, along said centerline of Alejo Road, a distance of 18400 feet
to the centerline of Via Miraleste;
Thence North 0001'00" West, along said centerline, a distance of 50.00 feet to a point on a
line that is parallel with and 50.00 feet Northerly of the centerline of Alejo Road;
Thence North 89047'20" West, along said parallel line, a distance of 1,261.40 feet to a point
on a line that is parallel with and 50 feet Easterly of the centerline of Indian Avenue;
Thence South 0003'00" East, along said parallel line, a distance of 50.00 feet to the centerline
of Alejo Road;
Thence South 0004'13" along said parallel line, a distance of 2,644.11 feet;
Thence along said parallel line, 2,643.11 feetto the true point of beginning.
ROSENOW SPEVACEK GROUP, INC. PAGE 34
AMENDED AND RESTATED REDEVELOPMENT PLAN
MERGED REDEVELOPMENT PROJECT NO.2
ProposedExhibit C—Listing of the
Facilities, and Infrastructure Improvements
Baristo-Farrell Constituent Area
1. Storm Drainage and Sewerage Improvements
• Construct storm channel in El Cielo Road between Baristo Road and Tahquitz
Creek; in Farrell Drive between Ramon Road and Tahquitz-McCallum Way; in
Sunset Way between Tahquitz-McCallum Way and Baristo Road; in Sunrise Way
between Alejo Road and the Baristo Flood Control Channel; in Hermosa Drive
between Arenas Road and the Baristo Flood Control Channel; in Avenida
Caballeros between Alejo Road and the Baristo Flood Control Channel; and in
Calle El Segundo between Tahquitz-McCallum Way and the Baristo Flood
Control Channel.
• Construct drainage improvements in Tahquitz-McCallum Way from Sunrise Way
to a point approximately 2,100 feet to the west; in Baristo Road between Cerritos
Drive and Farrell Drive, and between Compadre Road and El Cielo Road; and in
Ramon Road from El Cielo Road to a point 700 feet to the west, and from Farrell
Drive to a point 1,300 feet to the west.
• Install dual eight-inch sewer line paralleling the existing 39-inch line from Farrell
Drive eastward to Paseo Dorotea.
2. Street Improvements
• Street construction or reconstruction including signalization on Alejo Road
between Calle Alvarado and Avenida Caballeros; on Amado Road between Calle
Alvarado and Hermosa Drive; on Andreas Road between Avenida Caballeros
and Sunrise Way; on Arenas Drive between Calle El Segundo and Calle
Alvarado, and between Avenida Caballeros and Sunrise Way; on Baristo Road
between Avenida Caballeros and Hermosa Drive, and between Farrell Drive and
Civic Drive; and on Saturmino Road between Calle El Segundo and Avenida
Caballeros.
• Street construction or reconstruction including signalization on Calle Alvarado
between Alejo Road and Amado Road; on Avenida Caballeros between Alejo
Road and the Baristo Flood Control Channel; on Hermosa Drive between Baristo
Road and Amado Road; on Farrell Drive between Baristo Road and Tahquitz-
McCallum Way; on Compadre Road between Baristo Road and Via Vaquero;
and on Calle El Segundo between the Baristo Flood Control Channel and
Tahquitz-McCallum Way.
3. Bikeway Construction
Construction of bikeways in the public right-of-way on Sunrise Way between Andreas
Road and the Baristo Flood Control Channel; on Farrell Drive between Tahquitz-
ROSENOW SPEVACEK GROUP,INC. PAGE 35
AMENDED AND RESTATED REDEVELOPMENT PLAN
MERGED REDEVELOPMENT PROJECT NO.2
McCallum Way and Ramon Road; and on Tahquitz-McCallum Way between Sunset
Way and Louella Road.
4. Park and Library Improvements, Sunrise Plaza
• Expand library reference room and convert mul&purpose room to an auditorium.
• Construct an indoor gymnasium.
• Remodel Angel Stadium and J. C Frey Building.
• Construct a food concession facility at the Swim Center.
• Add administrative offices and meeting rooms to Leisure Center complex.
• Remodel Pavilion and enclose stage area.
• Construct underground parking area for Sunrise Plaza,
5. Public Facilities Improvements
• The Agency proposes to assist the Palm Springs Unified School District with a
portion of the cost of needed school facilities and rehabilitation improvements
including the rehabilitation and reconstruction of Palm Springs High School and
other public schools serving the Constituent Area as needed. In addition, the
Agency may provide assistance for the construction of new school facilities as
may be required to serve the Constituent Area.
• The Agency proposes to assist the Coachella Valley Community College District
in the provision of needed facilities to service the Constituent Area.
• The Agency proposes to assist the Palm Springs Fire Department in the
construction of fire protection facilities needed to adequately mrve the
Constituent Area including the possible construction of a new three-bay fire
station.
6. Private Revitalization Projects
• Private assistance for the development of Phase II of the Palm Springs
Convention Center which is proposed to include approximately 500 hotel rooms,
106,265 gross square feet of convention facilities, and approximately 1,052
parking spaces.
• Rehabilitation and expansion of Palm Springs Mall including exterior remodel of
entire center to match Millers Outpost and Von's Value Cenbr (newer tenants);
refixture vacant department store; addition of one additional major anchor and
one secondary anchor; reconfiguration of mall shops to move east entrance;
addition of major restaurant at east entrance; additional theatres; and separate
retail/restaurant buildings at northeast and southeast corners of property.
• Rehabilitation and expansion of Alpha Beta shopping center.
ROSENOW SPEVACEK GROUP,INC. PAGE 36
AMENDED AND RESTATED REDEVELOPMENT PLAN
MERGED REDEVELOPMENT PROJECT NO.2
Canyon Constituent Area
1. Infrastructure and Right-of—Way
Infrastructure and right-of-way improvements including, but not limited to:
• Street improvements including, but not limited to curbs, gutters, sidewalks,
bikeways, landscaping, intersection treatments, signals, lighting, roadway over-,
under- and surface-crossings, etc. along street rights-of--way within the
Constituent Area.
• Streets located in the Constituent Area may be reconstructed with decorative
paving, cross walks, street furniture, lighting and beautification. Streets may be
considered for abandonment or property acquired and dedicated for new rights,
of-way to allow for property reassembledge or redevelopment so as to alleviate
development constraints.
• Construction and improvement of drainage systems, including but not limited to,
surface and storm drain improvements.
• Expansion and improvement of sewer and water systems (possibly including
treated greywater irrigation systems) to accommodate existing uses and growth
in the Constituent Area.
• Utility right-of-way improvements and alternative land use developments.
• Development, expansion and improvement of alternative transportation, transit
and circulation systems in and around the Constituent Area, such as bike paths,
cart paths, hiking and equestrian trails, and transit intermodal facilities.
2. Economic Development Improvements
• Expansion and improvement of existing public and private parking in the
Constituent Area, including possible parking structures.
• Off-site enhancements in conjunction with circulation access, and parking
requirements and needs throughout the Constituent Area.
• Establishment of financial programs in order to provide low-interest loans and
grants, and other financial incentives for existing buildings, businesses, and
property improvements and rehabilitation.
• Establishment of Financial programs in order to provide a revolving economic
development fund for lending to be used for land acquisition, construction, and
reconstruction financing.
• Establishment of financial programs to provide incentives and assistance to
attract and encourage hotel and commercial redevelopment and development.
ROSENOW SPEVACEK GROUP,INC. PAGE 37
AMENDED AND RESTATED REDEVELOPMENT PLAN
MERGED REDEVELOPMENT PROJECT NO.2
• The purchase and subsequent sale or lease of property, so as to assemble and
consolidate parcels of adequate size, configuration and access/egress for
redevelopment of the project area in accordance with the Redevelopment Plan.
• Removal and mitigation of toxic waste products and hazardous materials.
• Structural evaluations and physical correction of structures to comply with present
earthquake and seismic building standards.
• Mitigation of development-constraining watercourse, drainage and floodwater
hazards.
• Renovation or removal and reconstruction of substandard or abandoned
structures including, but not limited to, the Canyon Hotel facilities.
• Improvements to the Palm Springs Regional Airport required to accommodate the
increase in passengers created by the project.
• Improve fire protection and emergency medical services through construction of a
Fire Station.
3. Beautification Improvements
Beautification improvements including, but not limited to:
• Beautification of the Constituent Area by special sidewalk paving, theme lighting,
street furniture, signage and facade upgrading program. Additional street trees in
the area may be installed and all overhead electrical and telephone distribution
may be undergrounded throughout the Constituent Area.
• Additional public park land may be created in the Constituent Area for residents,
visitors and employees.
• A program of enhancing the planting areas between the sidewalk and curbs,
along alternative transportation routes, recreational facilities and along flood
control structures.
• Replace curbs and sidewalks, and improve and pave existing alleys and streets,
or provide these facilities where they are needed.
• Upgrade and beautify existing recreational facilities.
• Buffering around and within buildings, facilities, and properties thet are
environmentally or aesthetically unpleasing and which constrain the development,
redevelopment and use of surrounding properties.
• Renaturalization of terrain disturbed by grading and construction of flood control
improvements.
ROSENOW SPEVACEK GROUP,INC. PAGE 38
AMENDED AND RESTATED REDEVELOPMENT PLAN
MERGED REDEVELOPMENT PROJECT NO.2
4. Housing Projects and Improvements
Housing Projects and Improvements to improve the quality and quantity of very low,
low-, and moderate-income housing for the community pursuant to the provisions of
the California Community Redevelopment Law, including, but not limited to:
• Housing Rehabilitation loans and grants.
• Residential neighborhood infrastructures and right-of-way improvements.
• Financial Assistance in providing new affordable housing.
• Provision of housing for employees within the Constituent Area whose income
places them in the very low-, low-, moderate-income categories.
Tahquitz-Andreas Constituent Area
• The proposed public improvements include the provision of additional parking, the
installation of offsite improvements in conjunction with the proposed Convention
Center and low and moderate cost housing.
• Additional, easily accessible parking is proposed for the commercial area fronting
on Indian Avenue to encourage the stabilization and upgrading of the area's
businesses. Parking may also be developed in conjunction with the proposed
Convention Center.
• The exact type and extent of offsite improvements provided to assist the
development of the Convention Center and low and moderate cost housing will
depend upon the final financing structure, level of private commitment and
project construction costs.
• Alejo Road, a major east-west access street, narrows to only half its General Plan
designated width from Via Miraleste to Indian Avenue, creating a traffic
bottleneck. The present configuration of the street also createsa hazardous blind
intersection at Via Miraleste. Improvement of the street to its designated width
has been precluded in the past due to the location of several expensive
residences in the northern right-of-way. The Agency proposes to assist the City
in the acquisition of the affected parcels and reuse of the resulting substandard
lots.
ROSENOW SPEVACEK GROUP,INC. PAGE 39
AMENDED AND RESTATED REDEVELOPMENT PLAN
MERGED REDEVELOPMENT PROJECT NO.2
Exhibit D—Diagram of Permitted and Prohibited Land Uses
A diagram of uses permitted by the City's General Plan follows. As stated in
Section VI of this Plan, uses permitted in the Project Area shall be those
permitted by the General Plan and zoning ordinance, as they exist today or are
hereafter amended.
ROSENOW SPEVACEK GROUP, INC. PAGE 40
AMENDED AND RESTATED REDEVELOPMENT PLAN
MERGED REDEVELOPMENT PROJECT NO.2
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GENERAL PLANIAMM USE MAP
MERGED REDEVELGPMENT PROJECT AREA NO.2
COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS
ROSENOW SPEVACEK GROUP,INC.
PAGE 41
y
PROOF OF PUBLICATION This is space for County Clerk's tiling stamp
(20I5.5.C.C.P) No.3812
CITY OF PALM SPRINGS
SUMMARY OF ORDINANCES FOR
MERGED REDEVELOPMENT PROJECT
' NOS. 1 8 2 I
I ORDINANCES OF THE CITY OF PALM SPRINGS,
CALIFORNIA AMENDING THE MERGED REDE-
VELOPMENT PLANS FOR MERGED REDEVEL-
OPMENI PROJECT NOS. 1 &2
The Community Redevelopment Agency of the
STATE OF CALIFORNIA City of Plan Springs ('Agency has proposed
First Amendments to the Merge Redevelopment I
- County of Riverside Plans for the Merged Redevelopment Projects No.
- 1 a 2.
Project Area No. 1 consists of seven constituent
redevelopment project areas created by the I
Agency between July 1973 and December 1988.
The Redevelopment Plan for Project Area No. 1 is
covel mprisetl of the seven separate constituent re-
deopment plans that govern redevelopment
activities in the 1,786-acre Project Area inoudmg:
-Central Business District Redevelopment Project i
Area established in 1973
- South Palm Canyon Redevelopment Project Ar-
ea established in 1983
- Ramon-Bogie Redevelopment Project Area es-
I am a citizen of the United Slates and a resident of tablished in 1983
- Oasis Redevelopment Project Area established
the County aforesaid; I am over the age of eighteen 1 in 1984 _
years,and not a party to or interested in the - North Palm Canyon Redevelopment Project Ar-
ea established in 1984
above-entitled matter.I am the rinci 21 cleric of a - Highland-Gateway Redevelopment Project Area
P P• established In 1984
printer of the,DESERT SUN PUBLISHING . Project Area No. 9 established in 1988
COMPANY a newspaper of general Circulation, Project Area No. 2 consists of three constituent
printed and published In the city Of Palm Springs, redevelopment project areas created by theAgency between July 1983 and July 1991, The
County of Riverside,and lahguit-Andreas constituent area, however, is
which newspaper has bCC❑ not affected by the Amendments relative to the
adjudged a newspaper of general circulation by the use of eminent domain authority.The correspond-
ing Redevelopment Plan governs redevelopment
Superior Court of the County of Riverside,Stale of octivities for each constituent area In the 1,zs3-
acre Project Area including:
Number
under the date of March 24, h the
Case _Tahquitz-Andreas Redevelopment Project Area
Numher 191236;that the notice,of which the established in 1983
annexed IS a printed copy(set In type not smaller - Bansto-Farrell Redevelopment Project Area es-
tablished in 1986
than non panel,has been published in each regular - Canyon Redevelopment Project Area estab-
lished in 1991
and entire issue of said newspaper and not in any The First Arendments do the following:
supplement thereof on the following dates,to wit
1) Reestablish the ablItty to use eminent domain
March hi to acq uire-nonne ideniial property within_the
Merge Redevelopment Projects No. 1 &2 With
the exception of the Tahquitz-Andreas Constltu-
---------------------------------------- ent Area in Prot1ect No. 2);
2)Add new restnctions an the use of eminent do-
main, including prohibition on condemning prop-
erty legally devoted to a residential use as de-
___________________
fined in the amended Plans and property that is
All in the year 2003 held in Trust by the United States on behalf of
any Indian or the Apse Gallants Band;
I certify(or declare)under penalty of perjury that the 3) Permit the use of eminent domain to condemn
a leasehold or other Interest from a lessee or
foregoing is true and correct. holder (but not the fee interest of the allottee
End only 28ri, which is on y held
e written consent of the States, y with th Dated at Palm Springs,California this--------------da Tribal Council of the Agua caliente Band;
Y 4)Amend and restate other provisions of the con-
of----_____February--------------- 2003 beat,merged Pde elopment projecd Ipollcies sfor
A full copy is on file in the Office of the City
Clerk.
Introduced For first reading on February 6,2003.
Signature 1623y ndeadin g 1624 oo February 19,2003.ted as rdinanee NOS.'
Ayes. Members Hodges, Doan and Mayor Klein-
dienst
Noes: None
Absent/Absent: Mills and Reller-Spurgin
CIN OF PALM SPRINGS, CALIFORNIA
�.9 Attest:
/a/Patricia A.Sanders /s/William G.Kleindienst
I �� LCJ City Clerk Mayor
PUB: February 28, 2003