Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
7/24/2002 - STAFF REPORTS (2)
FirstAmendment to the Merged ProjectArea No. 1 Report to the City Council July 3, 2002 Community RedevelopmentAgency of the City of Palm Springs 3200 Tahqui z Canyon Way Palm Springs, California 92262 ,ABM Rosenow Spevacek Group, Inc. 217 North Main Street, Suite 300 Santa Ana, California 92701 Phone: (714) 541-4585 Fax: (714) 836-1748 E-Mail: info@webrsg.com / f �. Table of Contents Introduction.......................................................................................... i Contentsof this Report...........................................................................................ii Reasons for the Amendment and a Description of Specific Projects Proposed and How These Projects Will Improve or Alleviate Blighting Conditions Found in the Project Area..............................................A-1 A Description of the Physical and Economic Conditions Existing in the Project Area ...............................................................................B-1 Five-Year Implementation Plan........................................................C-1 Why the Elimination of Blight and Redevelopment Cannot Be Accomplished by Private Enterprise Acting Alone or by the City's Use of Financing Alternatives Other Than Tax Increment..............D-1 The Method of Financing.................................................................. E-1 The Relocation Plan......................................................................... F-1 Analysis of the Preliminary Plan ......................................................6-1 Report and Recommendation of the Planning Commission ............H-1 Report of the Project Area Committee.............................................. 1-1 General Plan Conformance............................................................... J-1 Environmental Documentation.........................................................K-1 Report of the County Fiscal Officer................................................. L-1 Neighborhood Impact Report...........................................................M-1 Summary of Agency's Consultations with Affected Taxing Agencies ..........................................................................................................N-1 CATEMMPAi REPORT.00C EXHIBITS Exhibit 7 Redevelopment Project Area Map Exhibit 2 Proposed First Amendment Exhibit 3 Photo Survey/Samples of Existing Conditions Exhibit 4 Negative Declaration 3 CATEMMPA1 REPORT.DOC Introduction The Community Redevelopment Agency of the City of Plan Springs ("Agency") has proposed the first amendment ("Amendment') the Merged Redevelopment Plan ('Plan") for the Merged Redevelopment Project No. 1 (`Project'). The Amendment proposes to reestablish the ability to use eminent domain, as a last resort, to acquire nonresidential property within the Merged Redevelopment Project Area No. 1 ('Project Area"). Exhibit 1 presents a map of the boundaries of the Project Area. The Project Area consists of seven constituent redevelopment project areas created by the Agency between July 1973 and December 1988. The Plan is comprised of the seven separate constituent redevelopment plans that govern redevelopment activities in the 1,786-acre Project Area. The seven constituent redevelopment project areas include the following: • The Central Business District Redevelopment Project Area established on July 11, 1973 by Ordinance No. 959 and amended by Ordinance No. 1497 on December2l, 1994. • The South Palm Canyon Redevelopment Project Area established on November 30, 1983 by Ordinance No. 1203 and amended by Ordinance No. 1494 on December2l, 1994. • The Ramon-Bogie Redevelopment Project Area established on November 30, 1983 by Ordinance No. 1202 and amended by Ordinance No. 1490 on December2l, 1994. • The Oasis Redevelopment Project Area established on July 10, 1984 by Ordinance No. 1224 and amended by Ordinance No. 1495 on December2l, 1994. • The North Palm Canyon Redevelopment Project Area established on September 19, 1984 by Ordinance No. 1227 and amended by Ordinance No. 1498 on December21, 1994. • The Highland-Gateway Redevelopment Project Area established on November 20, 1984 by Ordinance No. 1231 and amended by Ordinance No. 1491 on December2l, 1994. ROSENOW SPEVACEK GROUP, INC. COMMUNITY REDEVELOPMENT AGENCY JULY 3,2002 -I- OF THE CITY OF PALM SPRINGS FIRST AMENDMENT TO MERGED PROJECT AREA NO.1 REPORT TO THE CITY COUNCIL • The Citywide Redevelopment Project Area No. 9 established on December 29, 1988 by Ordinance No. 1321 and amended by Ordinance No. 1496 on December21, 1994. This document is the Agency's Report to the City Council ("Report") on the proposed Amendment, and has been prepared pursuant to Section 33457.1 and 33352 of the California Community Redevelopment Law, Health and Safety Code Section 33000 et seq. ("Law"). The purpose of this Report is to provide the information, documentation, and evidence required to support the adoption of the Amendment. This information, documentation, and evidence are provided to assist the City Council in its consideration of the proposed Amendment, and in making the various determinations in connection with its adoption. With respect to the Amendment, this Report supplements the documentation and evidence contained in the previous Reports to the City Council ("Original Reports"), prepared in connection with the original constituent redevelopment plans and the subsequent amendments; the Original Reports are incorporated herein by reference. Contents of this Report The contents of this Report are presented in 14 sections, which generally correspond -to the subdivisions presented in Section 33352 of the Law. The sections are as follows: SECTION A Reasons for the Amendment and a Description of Specific Projects Proposed and How These Projects Will Improve or Alleviate Blighting Conditions Found in the Project Area SECTION B A Description of the Physical and Economic Conditions Existing in the Project Area SECTION C Five-Year Implementation Plan SECTION D Why the Elimination of Blight and Redevelopment Cannot be Accomplished by Private Enterprise Acting Alone or by the City's Use of Financing Alternatives Other Than Tax Increment SECTION E The Method of Financing SECTION F The Relocation Plan SECTION G Analysis of the Preliminary Plan SECTION H Report and Recommendation of the Planning Commission 1145' ROSENOW SPEVACEK GROUP, INC. COMMUNITY REDEVEL PMENT AGENCY JULY 3,2002 -II- OF THE CITY OF PALM SPRINGS FIRST AMENDMENT TO MERGED PROJECT AREA NO.1 REPORT TO THE CITY COUNCIL SECTION I Report of the Project Area Committee SECTION J General Plan Conformance SECTION K Environmental Documentation SECTION L Report of the County Fiscal Officer SECTION M Neighborhood Impact Report SECTION N Summary of Agency's Consultations with Affected Taxing Agencies ROSENOW SPEVACEK GROUP, INC. COMMUNITY REDEVELOPMENT AGENCY JULY 3,2002 -III- OF THE CITY OF PALM SPRINGS FIRST AMENDMENT TO MERGED PROJECT AREA NO.1 REPORT TO THE CITY COUNCIL ni Reasons for the Amendment and a Description of Specific Projects Proposed and How These Projects Will Improve or Alleviate Blighting Conditions Found in the Project Area When originally adopted, each of the constituent redevelopment plans permitted the Agency to use eminent domain to acquire property in the Project Area. With some limited exceptions, eminent domain authority existed on all property in the Project Area, though it was rarely used. Under the Law, the time limit on eminent domain lasts for 12 years, unless extended by an amendment. By December 2000, all of the Agency's eminent domain authority in the Project Area had expired. The following matrix summarizes the Agency's eminent domain authority in the Plan for each constituent area: Constituent Area Limitation on Eminent Domain in Existing Date Eminent Redevelopment Plan Domain Authority Expired Central Business District None July 11,1985 Ramon-Bogie May not be used on property or leasehold interests of November 30,1995 the A ua Caliente Band of Cahuilla Indians South Palm Canyon May not be used on property or leasehold interests of November 30,1995 the A ua Caliente Band of Cahuilla Indians Oasis None July 10,1996 North Palm Canyon None August 19,1996 Highland-Gateway None November 20,1996 C 'de Project No.9 NoneNexus to December 29,2000 Redevelopment . , Though it is among many redevelopment tools in the Plan, eminent domain authority is an essential component of the Agency's redevelopment program for the Project Area. The Plan includes several goals applicable to the Agency's land acquisition and assembly capabilities. As indicated below, the Agency's initial / fl ROSENOW SPEVACEK GROUP,INC. COMMUNITY REDEVELOPMENT AGENCY JULY 3,2002 -A-1 - OF THE CITY OF PALM SPRINGS FIRST AMENDMENT TO MERGED PROJECT AREA NO.1 REPORT TO THE CITY COUNCIL intentions for redevelopment in the Project Area involved achieving land assembly, reuse and redevelopment goals, such as: Central Business District 1) Assure Commercial Vitality. The restoration, preservation, and enhancement of Palm Springs palm-lined downtown so that it may continue to be the attractive business, financial, entertainment, cultural, and fashion shopping "heart"of Palm Springs and of the Palm Springs resort image. 2) Coordinate Future Development. Guide the redevelopment and aesthetic improvement of downtown in such a manner that it enhances and compliments the natural desert and mountain environment within which the City of Palm Springs is situated. 3) 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. 4) Expand Developable Land Supply. Guide and secure ibe availability of property to attract major investors and developers. s) Protect Unique Character of Community. Preserve artistically, architecturally, and historically worthwhile structures and sites. s) 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. 7) 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. s) Stimulate Economic Development. Encourage the development of higher density 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 accord with the General Plan. South Palm Canyon 1) Eliminate Physical Social and Environmental Deficiencies. The elimination of environmental deficiencies in the Project Area, including, among others, ROSENOW SPEVACEK GROUP,INC. COMMUNITY REDEVELOPMENT AGENCY JULY 3,2002 -A-2- OF THE CITY OF PALM SPRINGS FIRST AMENDMENT TO MERGED PROJECT AREA NO.1 REPORT TO THE CITY COUNCIL small and irregular lots, obsolete and aged building types, and deteriorated public improvements. 2) Assemble and Consolidate Land. The assembly of land into parcels suitable for modem, integrated development with improved pedestrian and vehicular circulation in the Project Area. 3) Coordinate Future Development. The replanning,redesign, and development of undeveloped areas which are stagnant or improperly utilized. a) Assure Commercial Vitalitv. The strengthening of retail and other commercial functions in the area. s) 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. 6) Provide Additional Parking Spaces. The provision of adequate land for parking and open spaces. 7) 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. Ramon-Bogie 1) 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. 2) Assemble and Consolidate Underutilized Land. The assembly of land into parcels suitable for modem, integrated development with improved pedestrian and vehicular circulation in the Project Area. 3) Coordinate Future Development. The replanning, redesign,and development of undeveloped areas which are stagnant or improperly utilized. a) Assure Commercial Vitalitv. The strengthening of commercial and industrial functions in the area. s) 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. f ROSENOW SPEVACEK GROUP,INC. COMMUNITY REDEVELOPMENT AGENCY JULY 3,2002 -A-3- OF THE CITY OF PALM SPRINGS FIRST AMENDMENT TO MERGED PROJECT AREA NO.1 REPORT TO THE CITY COUNCIL a) Provide Additional Parking Spaces. The provision of adequate land for parking and open spaces. 7) 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. a) Invest in Commercial Development Opportunities. The establishment of financial mechanisms to assist and encourage the development of an auto- sales center and light industrial and commercial development. Oasis 1) 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. 2) Assemble and Consolidate Land. The assembly of land into parcels suitable for modem, integrated development with improved pedestrian and vehicular circulation in the Project Area. 3) Coordinate Future Development. The replanning, redesign, and development of undeveloped areas which are stagnant or improperly utilized. 4) Assure Commercial Vitality. The strengthening of retail and other commercial functions in the area. 5) 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. a) Provide Additional Parking Spaces. The provision of adequate land for parking and open spaces. 7) 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. s) Invest in Commercial Development. The establishment of financial mechanisms to assist in the development of new commercial facilities. North Palm Canyon 1) Eliminate Physical Social and Environmental Deficiencies. The elimination of environmental deficiencies in the Project Area, including, among others, 1 � P / /( ROSENOW SPEVACEK GROUP,INC. COMMUNITY REDEVELOPMENT AGENCY JU LY 3,2002 -A-4- OF THE CITY OF PALM SPRINGS FIRST AMENDMENT TO MERGED PROJECT AREA NO.1 REPORT TO THE CITY COUNCIL small and irregular lots, obsolete and aged building types, and deteriorated public improvements. 2) Assemble and Consolidate Land. The assembly of land into parcels suitable for modem, integrated development with improved pedestrian and vehicular circulation in the Project Area. 3) Coordinate Future Development. The replanning, redesign, and development of undeveloped areas which are stagnant or improperly utilized. a) Assure Commercial Vitality. The strengthening of retail and other commercial functions in the area. s) 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. 6) Provide Additional Parking Spaces. The provision of adequate land for parking and open spaces. 7) 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. a) Invest in Development. The establishment of financial mechanisms to assist in the upgrading and/or redevelopment of properties in the Project Area. 9) 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 1) 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. 2) Assemble and Consolidate Land. The assembly of land into parcels suitable for modem, integrated development with improved pedestrian and vehicular circulation in the Project Area. 3) Coordinate Future Development. The replanning, redesign,and development of undeveloped areas which are stagnant or improperly utilized. / A- 1� ROSENOW SPEVACEK GROUP,INC. COMMUNITY REDEVELOPMENT AGENCY JULY 3,2002 -A-5- OF THE CITY OF PALM SPRINGS FIRST AMENDMENT TO MERGED PROJECT AREA NO.1 REPORT TO THE CITY COUNCIL 4) Assure Commercial Vitality. The strengthening of retail and other commercial and industrial functions in the area. 5) 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. 6) 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. 7) Promote Development. The establishment of financial mechanisms to assist in the upgrading and/or redevelopment of new commercial, industrial, and residential facilities. Project Area No.9 1) 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. 2) 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. 3) 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. 4) Provide Owner Participation Opportunities. Providing for participation by owners and tenants presently located in the Project Area and the extension of preferences to business occupants desiring to remain or relocate within the redevelopment Project Area. 5) Rehabilitate Structures. Encouraging the rehabilitation or modernization of deteriorating or substandard residential and commercial structures. 6) Protect Unique Character of Community. Restoring architecturally or historically significant structures. 7) Coordinate Future Development. Conducting planning and engineering studies to redesign areas suffering from faulty past planning practices. 414 --- ROSENOW SPEVACEK GROUP,INC. COMMUNITY REDEVELOPMENT AGENCY JULY 3,2002 -A-6- OF THE CITY OF PALM SPRINGS FIRST AMENDMENT TO MERGED PROJECT AREA NO.1 REPORT TO THE CITY COUNCIL How Eminent Domain May be Used by Agency As described in Section B of this Report, persistent blighting conditions in the Project Area cannot be addressed without the ability to acquire and assemble property, including use of eminent domain authority. Though it has been rarely used by the Agency, eminent domain is an essential tool for redevelopment of the Project Area. Though there are no plans to acquire any property at this time, there are three types of instances where eminent domain authority can be useful in the redevelopment of the Project Area. First, the Project Area contains 549 undeveloped infill parcels, many of which are owned by parties that held ownership for several decades and have little incentive for developing their properties today. As these properties languish, the Agency's efforts for revitalizing and stimulating investment in the Project Area are curtailed. If the Agency could use its full capabilities to purchase and offer property to motivated owners, additional development consistent with the General Plan could occur. A second reason for eminent domain authority is to facilitate the redevelopment of older, obsolete parcels under mixed ownership—a classic use of redevelopment land assembly tools. As explained in Section B of this Report, the Project Area is characterized with many deteriorating and obsolete structures, incompatible and mixed character of uses, and inadequately sized and shaped lots under mixed ownership. Addressing these conditions frequently requires land assembly to remove incompatible and conflicting uses, accommodate off-street parking and loading area, and develop economically feasible projects. The private sector alone cannot easily assemble property in light of the diverse ownership patterns in the Project Area. A reluctant owner can hold out and effectively halt a land assembly and redevelopment effort. For this reason, the Plan includes the ability to use eminent domain to acquire property for redevelopment purposes and the greater good of the Project Area. A third reason for the Agency's eminent domain authority is to broaden the resources the City Code Enforcement department has to bear on its abatement activities in the Project Area. For example, the Code Enforcement Department reports that at least two dosed hotels in the North Palm Canyon area have extensive code violations. Presently, the City's abatement methods require the city to demolish these historic properties. However, with Agency eminent domain authority, another possible means to retain the architectural and historic significance of these properties could be to acquire and rehabilitate the structures. As a result, the Agency is seeking to adopt an amendment to the Plan that would reestablish its authority to use eminent domain, as a last resort, to acquire certain property in the Project Area. A copy of the proposed Amendment is included on Exhibit 2. The proposed Amendment would modify each constituent redevelopment plan, while retaining the standing limitations on eminent domain 1413 ROSENOW SPEVACEK GROUP,INC. COMMUNITY REDEVELOPMENT AGENCY JULY 3,2002 -A-7- OF THE CITY OF PALM SPRINGS FIRST AMENDMENT TO MERGED PROJECT AREA NO.1 REPORT TO THE CITY COUNCIL authority unique to each constituent project area. The Amendment would feature a new 12 year time limit on the initiation of eminent domain, commencing from the date the Amendment is adopted. Additionally, the proposed Amendment would add a new restriction to the Agency's eminent domain authority, prohibiting the use of eminent domain on residential property in the Project Area. ROSENOW SPEVACEK GROUP,INC. COMMUNITY REDEVELOPMENT AGENCY JULY 3,2002 -A-8- OF THE CITY OF PALM SPRINGS FIRST AMENDMENT TO MERGED PROJECT AREA NO.1 REPORT TO THE CITY COUNCIL Ron A Description of the Physical and Economic Conditions Existing in the Project Area Section 33352(b) of the Law requires a description of the physical and economic conditions that cause the Project Area to be blighted. This information was provided in the Original Reports prepared and provided as evidence that the Project Area was deemed blighted at the time of adoption. Pursuant to Section 33368 of the Law, the adoption of the ordinances adopting the Plan and subsequent amendments are final and conclusive, and it is thereafter conclusively presumed that the Project Area is a blighted area as defined by Sections 33031 and 33032 of the Law and that all prior proceedings have been duly and regularly taken. In June 2002, RSG surveyed the Project Area and identified several blighting conditions that continue to persist. (Exhibit 3 presents a photo survey of the some of the conditions found.) Blighting conditions present in the Project Area included the following: Unsafe/Unhealthy Buildings/Dilapidation and Deterioration A building is considered unsafe and unhealthy when the physical condition of the structure is so severe that it could cause bodily harm to those near or within the structure. Such dilapidation and deterioration is caused by deferred maintenance, damage, and aging. Examples of such conditions are the Biltmore, Spanish Inn, and Indian Manor motels. Dirk Voss, the Senior Officer of Code Enforcement for the City of Palm Springs, cited the owners of these hotels for unsafe conditions such as faulty structural integrity, hazardous electrical, and defective drainage system. The owners of the hotels refused to correct the violation, which resulted in the closure of the hotels by the City. Mr. Voss also stated that many other Project Area hotels serve as long-term housing for poor households, and are substandard living conditions due to code violations. Physical Conditions that Limit the Economic Viability and Use of Lots SA.n On streets includingtRafael Drive, Palm Canyon Drive, and Indian Canyon Drive, the small parcels do not support today's real estate site requirements. For example, several commercial buildings olAAA afael Drive have a front setback of ROSENOW SPEVACEK GROUP, INC. COMMUNITY REDEVELOPMENT AGENCY JULY 3,2002 -B-1 - OF THE CITY OF PALM SPRINGS FIRST AMENDMENT TO MERGED PROJECT AREA NO.1 REPORT TO THE CITY COUNCIL approximately 20 feet from the wall of the building to the street. According to the Guidelines for Parking Facility Location and Design, the ideal parking depth is at least 26 feet to allow sufficient space for parking. Clearly, the commercial buildings lack the proper frontage to allow for adequate parking space. In addition, patronage and business owners are forced to back-out onto the street, which presents a traffic hazard for oncoming traffic. The photo survey in Section 3 documents this condition. Vacancies Exceeding 20%of the Gross Building Area During the survey, many shopping center and buildings were noted for having high vacancies. One such example is the regional mall, Fashion Desert Plaza, located in the downtown area. To revitalize the mall, the developer has plans to renovate the mall into an open space layout, but would face the challenges of losing parking spaces that are currently used to accommodate overflow from other downtown uses. The City has already identified that there is a lack of parking in the downtown region to accommodate for further retail growth; the reopening of the mall would further drain the available parking spaces. Clearly, the parking shortage is a challenge to the City and/or the developer for economic viability in the downtown region. According to International Parking Design Inc. (Parking lot designers and consultants), the ideal size for above-grade parking structure would require a site of at least 30,000 square foot. Without the power of eminent domain, the Agency could face extreme difficulty in trying to gather and consolidate sufficient acreage to address the problem of parking shortage. Three large retail shopping centers were also identified to have more than 50% vacancy. In an interview with a local retail broker, Danielle Alexander (who leases the vacant center on Racquet Club Road) indicates that the vacancy problem is attributed to the high crime perception of the area. The center is actively marketed, but has remained vacant for over 18 months. The broker also claims that the center would require substantial investment for renovation, as the existing building design is not suitable for successful modem retail operation. Approximately a dozen stand-alone commercial buildings were also identified to be vacant within the Project Area. The streets that exhibit this condition are Palm Canyon Drive, Indian Canyon Drive, Racquet Club Road, Tahquitz Canton Way, �*v1 Rafael Drive, and Belardo Road. Excessive Vacant Lots and Abandoned Buildings The Project Area contains 549 vacant infill lots of which 27 are owned by government agencies. The entire Project Area is characterized by intermittent parcels of varying sizes that are underutilized and undeveloped. These underutilized and undeveloped parcels are a blight on the community, according to City Code Enforcement officials,who stated that these lots are often neglected and a nuisance on neighboring properties. Violations such as illegal dumping and occupation often occur on these vacant sites. Pursuing properties / ROSENOW SPEVACEK GROUP,INC. COMMUNITY REDEVELOPMENT AGENCY JULY 3,2002 -B-2- OF THE CITY OF PALM SPRINGS FIRST AMENDMENT TO MERGED PROJECT AREA NO.1 REPORT TO THE CITY COUNCIL owners who neglect their vacant parcels is difficult, because many do not live in the area. According to the Metroscan, approximately 52% of the owners of the 549 vacant lots live outside the County. Because they do not reside in the area, these absentee owners have less of a stake in the community, and are less capable of monitoring and maintaining their properties. Although most of the undeveloped land within the Project Area is physically developable, it is unlikely that this will occur without assistance from the Agency. The combination of the cost for needed pre-development improvements, assembly or division of parcels, marginal economic activity arid/or inability of the land owner to invest, make these parcels undevelopable without the assistance of a public/private partnership made possible through the actions of redevelopment. Abandoned buildings also signify a declining economy, as it is evidence that there is not enough economic activity within the area in order to sustain the businesses that exist there. During the field survey, more than five hotels and at least a dozen of other structures were abandoned. The abandoned buildings have suffered years of neglect and lack of maintenance. Signs of deterioration such as of roof, exterior wall, foundation,windows and doors, and fascia board is found in most of these abandoned properties. This not only represents a failing economy but also poses health and safety hazards as abandoned buildings become targets of vandalism and crime and could become hazardous as the structural conditions deteriorate. ROSENOW SPEVACEK GROUP,INC. COMMUNITY REDEVELOPMENT AGENCY JULY 3,2002 -B-3- OF THE CITY OF PALM SPRINGS FIRST AMENDMENT TO MERGED PROJECT AREA NO.1 REPORT TO THE CITY COUNCIL F4 Five-Year Implementation Plan On October 24, 2001, the Agency adopted Resolution No. 1153 approving its Five Year Implementation Plan for the Project ("Implementation Plan"). The Implementation Plan contains specific goals and objectives for the Project Area, the specific projects and expenditures proposed to be made during the five-year planning period, and an explanation of how these goals, objectives, and expenditures will eliminate blight within the Project Area. The Implementation Plan is not affected by this Amendment, and is incorporated herein by reference. �k�/00 ROSENOW SPEVACEK GROUP,INC. COMMUNITY REDEVELOPMENT AGENCY JULY 3,2002 -C-1 - OF THE CITY OF PALM SPRINGS FIRST AMENDMENT TO MERGED PROJECT AREA NO.1 REPORT TO THE CITY COUNCIL no Why the Elimination of Blight and Redevelopment Cannot Be Accomplished by Private Enterprise Acting Alone or by the City's Use of Financing Alternatives Other Than Tax Increment Section 33352(d) of the Law requires an explanation of why the elimination of blight in the Project Area cannot be accomplished by private enterprise alone, or by the City's use of financing alternatives other than tax increment financing. This information was previously provided in the Original Reports and supporting documentation prepared and provided at the time of the adoption of the original Plan. The proposed Amendment will not make any changes that would affect the validity of the previously prepared documentation. ROSENOW SPEVACEK GROUP,INC. COMMUNITY REDEVELOPMENT AGENCY JULY 3,2002 -D-1 - OF THE CITY OF PALM SPRINGS FIRST AMENDMENT TO MERGED PROJECT AREA NO.1 REPORT TO THE CITY COUNCIL The Method of Financing Section 33352(e) of the Law requires inclusion of a proposed method of financing the Project. This documentation was provided in the Original Reports, incorporated herein by reference. Because the Amendment will not alter the Project Area boundaries or affect the base year value of the Project Area, the Amendment will not change the method of financing the Project. E ' ° ��'". ROSENOW SPEVACEK GROUP,INC. COMMUNITY REDEVELOPMENT AGENCY JULY 3,2002 -E-1 - OF THE CITY OF PALM SPRINGS FIRST AMENDMENT TO MERGED PROJECT AREA NO. 1 REPORT TO THE CITY COUNCIL The Relocation Plan Section 33352(f) of the Law requires inclusion of a method of relocation for the Project. Concurrent with the original adoption to the Plan in 1990, the Agency adopted as its method of relocation the California Relocation Assistance and Real Property Acquisition Guidelines, as they existed or are subsequently amended. Also, as a public agency, the Agency is required to adhere to State Relocation Law to the extent relocation is necessary. The Amendment does not alter the Agency's existing method of relocation. �1 ROSENOW SPEVACEK GROUP,INC. COMMUNITY REDEVELOPMENT AGENCY JULY 3,2002 -F-1 - OF THE CITY OF PALM SPRINGS FIRST AMENDMENT TO MERGED PROJECT AREA NO.1 REPORT TO THE CITY COUNCIL IR Analysis of the Preliminary Plan Section 33352(g) of the Law requires the inclusion of an analysis of the Preliminary Plan. This information was provided in the Original Reports prepared at the time the original Plan was adopted. The proposed Amendment does not alter the analysis of the Preliminary Plan contained in the Original Reports. A � " ROSENOW SPEVACEK GROUP,INC. COMMUNITY REDEVELOPMENT AGENCY JULY 3,2002 -G-1- OF THE CITY OF PALM SPRINGS FIRST AMENDMENT TO MERGED PROJECT AREA NO.1 REPORT TO THE CITY COUNCIL ropi Report and Recommendation of the Planning Commission Because the proposed Amendment does alter land use provisions in the Plan, and merely reestablishes the preexisting authority to use eminent domain in the Project Area, the report and recommendation of the City of Palm Springs Planning Commission was not required for this Amendment. The original report and recommendation of the Planning Commission on the original constituent redevelopment plans is included in the Original Reports, incorporated herein by reference. / i4cO ROSENOW SPEVACEK GROUP,INC. COMMUNITY REDEVELOPMENT AGENCY JULY 3,2002 -H-1 - OF THE CITY OF PALM SPRINGS FIRST AMENDMENT TO MERGED PROJECT AREA NO.1 REPORT TO THE CITY COUNCIL Report of the Project Area Committee The proposed Amendment does not permit the condemnation of housing occupied by low and moderate income households, so a project area committee was not required or formed for this process. Project Area property owners, residents, businesses and the general public will have several opportunities to provide input on the proposed Amendment as a part of the ongoing process. This includes the following public meetings: July 17,2002 Agency/City Council Set Joint Public Hearing July 17 Agency Approve Report to City Council September 4 Agency/City Council Joint Public Hearing September 18 City Council Approve Responses/Neg. Dec. September 18 City Council First Reading of Ordinance October 2 City Council Second Reading of Ordinance Notice of the September 4, 2002 joint public hearing will be transmitted via first class mail to all Project Area property owners, residents, and businesses 30 days prior to the public hearing. All affected taxing agencies will receive similar notice by certified mail. In addition, notice of the public hearing will be published in the Desert Sun for three consecutive weeks (Monday August 5, August 12, and August 19, 2002). ROSENOW SPEVACEK GROUP,INC. COMMUNITY REDEVELOPMENT AGENCY JULY 3,2002 -I-1- OF THE CITY OF PALM SPRINGS FIRST AMENDMENT TO MERGED PROJECT AREA NO.1 REPORT TO THE CITY COUNCIL General Plan Conformance Section 333520) of the Law requires a finding of General Plan conformance per Section 65402 of the Government Code. The Amendment only extends the time limit to commence eminent domain, and does not approve any specific development or land assembly project, nor alter any provision of Plan relating to land use policy or other matters involving the General Plan. Consequently, the Amendment does not alter the Planning Commission's and City Council's original findings that the constituent redevelopment plans conform to the City General Plan. ROSENOW SPEVACEK GROUP, INC. COMMUNITY REDEVELOPMENT AGENCY JULY 3,2002 -J-1 - OF THE CITY OF PALM SPRINGS FIRST AMENDMENT TO MERGED PROJECT AREA NO.1 REPORT TO THE CITY COUNCIL in, Environmental Documentation Section 33352(k)of the Law requires environmental clearance prepared pursuant to Section 21151 of the Public Resources Code. Concurrent with the adoption of the original Plan and the subsequent amendments, the Agency undertook appropriate environmental documentation as necessary; said documentation is incorporated herein by reference. For this Amendment, an Initial Study was prepared pursuant to California Environmental Quality Act guidelines,which found that the proposed Amendment to extend the time limit of the Plan's existing eminent domain authority would not have a significant adverse impact on the environment. As such, a Negative Declaration for the proposed Amendment was completed and made available for review and comment. The 30-day circulation period will begin on July 22, 2002, and terminates on August 21, 2002. A copy of the Negative Declaration is included as Exhibit 4 to this Report. ROSENOW SPEVACEK GROUP,INC. COMMUNITY REDEVELOPMENT AGENCY JULY 3,2002 -K-1 - OF THE CITY OF PALM SPRINGS FIRST AMENDMENT TO MERGED PROJECT AREA NO.1 REPORT TO THE CITY COUNCIL Report of the County Fiscal Officer The proposed Amendment does not alter Project Area boundaries; therefore, the constituent base year reports for each component area of the Project Area, prepared pursuant to Section 33328 of the Law by the County of Riverside Auditor-Controller and State Board of Equalization respectively ('Base Year Reports"), do not need to be reformulated. The constituent Base Year Reports are included in the Original Reports and incorporated herein by reference. ROSENOW SPEVACEK GROUP,INC. COMMUNITY REDEVELOPMENT AGENCY JULY 3,2002 -L-1- OF THE CITY OF PALM SPRINGS FIRST AMENDMENT TO MERGED PROJECT AREA NO.1 REPORT TO THE CITY COUNCIL 11 Neighborhood impact Report The Law requires that a Neighborhood Impact Report discuss the impact the Plan would have on low and moderate income persons or families in the following areas: relocation, traffic circulation, environmental quality, availability of community facilities and services, effect on school population and quality of education, property assessments and taxes, and other matters affecting the physical and social quality of the neighborhood. Additional issues that the neighborhood impact report must address include: the number of low or moderate-income dwelling units to be removed or destroyed; the number of low or moderate income persons or families expected to be displaced; the general location of housing to be rehabilitated, developed or constructed;the number of dwelling units planned for construction or rehabilitation to house persons and families of low or moderate income (other than replacement housing); the projected means of financing the aforementioned dwelling units; and the projected timetable for meeting the Plan's relocation, rehabilitation, and replacement housing objectives. The Amendment would permit the Agency to continue implementation of the redevelopment program authorized in the Plan. This Section describes the implications of the Amendment on Project Area neighborhoods. Relocation The Agency does not have any plans to relocate residents or businesses in the Project Area at this time. If relocation activities are undertaken, the Agency will handle those activities on a case-by-case basis, in accordance with its method of relocation. As a public agency formed under the provisions of state law, the Agency is required to adhere to the State Relocation Law (Government Cade Sections 7260 through 7277) and follow the California Relocation Assistance and Real Property Acquisition Guidelines ("State Guidelines") as established in the California Code of Regulations, Title 25, Chapter 6. Prior to commencement of any acquisition activity that may cause substantial displacement of residents, the Agency will adopt a specific relocation plan in conformance with the State Guidelines. To the extent appropriate, the Agency may supplement those provisions provided in the State Guidelines to meet particular relocation needs of a specific project. Such supplemental policies, if adopted in the Agency's sole discretion, will not involve reduction, but instead enhancement of the relocation benefits required by State Law. / / / cLy ROSENOW SPEVACEK GROUP,INC. COMMUNITY REDEVELOPMENT AGENCY JULY 3,2002 -M-1 - OF THE CITY OF PALM SPRINGS FIRST AMENDMENT TO MERGED PROJECT AREA NO.1 REPORT TO THE CITY COUNCIL Traffic Circulation An Initial Study and Negative Declaration were prepared to assess the traffic and other environmental impacts of the Amendment. A copy of the Negative Declaration is contained in Exhibit 4 to this Report. In general, because the Amendment modifies an existing provision in the Plan (specifically to reestablish eminent domain authority on nonresidential property), the Initial Study concluded that the Amendment would result in no significant traffic impacts. The Plan does not provide for the direct development of any private or public development projects that would generate traffic and impact existing levels of service of any roadways in the Project Area. However, the development of projects would indirectly generate traffic both during and after project construction, impacting existing levels of service on road segments and intersections that serve the Project Area both within and outside its boundaries. The City's General Plan will control the land use designations and intensities of the Plan; its implementation will not create locally or cumulatively significant impacts beyond what is anticipated under the General Plan. It will also not alter or intensify the General Plan's land uses, traffic generation, levels of service, or intersection capacities. Plan implementation will not cause traffic or circulation impacts that were not considered and mitigated in the General Plan Environmental Impact Report. The Agency, via the Plan, will adhere to policies in the circulation element of the General Plan in lessening traffic and circulation impacts. The Plan permits the Agency to construct improvements to improve traffic circulation. These projects will improve circulation, mitigate traffic deficiencies, and provide general benefits to the Project Area consistent with the circulation element of the General Plan. Environmental Quality The Initial Study and Negative Declaration reviewed the impacts of the Amendment, and concluded that the Amendment itself would not result in any significant environmental impacts. The Amendment does not propose any specific development, redevelopment, or land acquisition project. As stated in the Plan, all development must conform to the City's General Plan and other applicable state and local building codes and controls. Because the Plan does not propose uses or intensities beyond the General Plan, adherence to adopted General Plan policies will ensure that implementation of the Plan will lessen or avoid potential impacts. This will assure that the quality of the environment is maintained. During implementation of the Plan, specific redevelopment proposals may warrant further specific environmental analysis as required by the California ROSENOW SPEVACEK GROUP,INC. COMMUNITY REDEVELOPMENT AGENCY JULY 3,2002 -M-2- OF THE CITY OF PALM SPRINGS FIRST AMENDMENT TO MERGED PROJECT AREA NO.1 REPORT TO THE CITY COUNCIL Environmental Quality Act, Public Resources Code Sections 21000, et seq. ("CEQA"). Availability of Community Facilities and Services The Initial Study and Negative Declaration determined that the Plan would not have a significant impact on public facilities including fire protection, police,water, wastewater, storm drain, and solid waste services. The Plan provides that any redevelopment activity is to be subject to, and consistent with, the policies set forth in the City's General Plan, Zoning Ordinance, and local codes and ordinances, as they now exist or are hereafter amended; the General Plan incorporates policies to mitigate impacts on public services and facilities. Implementation of the Plan and its proposed projects are expected to improve the City's existing community facilities and services. The Plan will allow the Agency to utilize tax increment revenues to provide for the upgrading of existing, and construction of new, community facilities, which will be of benefit to the Project Area. Effect on School Population and Quality of Education The Project Area is served by the Palm Springs Unified School District("District"). The Initial Study and Negative Declaration assessed the direct and cumulative impacts of the Amendment on area schools, and concluded that adoption of the Amendment would not result in any significant impacts. Development fees and/or land set-asides for schools would be sufficient to fund these facilities under Plan implementation. Plan implementation will not result in excess development of that allowed by the City's General Plan. Therefore, the adoption of the Amendment, nor implementation of the Plan, will not cause the Project Area to generate more students than could occur in connection with development allowed in the General Plan. The City has adopted policies in the General Plan to mitigate impacts of General Plan buildout on schools; implementation of the Plan will adhere to the General Plan policies to mitigate impacts on schools. Property Taxes and Assessments The Plan calls for various methods of financing its implementation, none of which are affected by the proposed Amendment. Because redevelopment agencies do not have the constitutional authority to impose taxes, implementation of the Plan will not cause an increase in property tax rates. Rather, the principal method of financing redevelopment will be the utilization of tax increment revenues generated by the Project Area. Tax increment financing reallocates property tax revenues generated by increases in the assessed value of property in the Project Area. Although redevelopment of the Project Area will increase the assessed valuation, Project Area property owners will not experience increases in property 1A ,�O ROSENOW SPEVACEK GROUP,INC. COMMUNITY REDEVELOPMENT AGENCY JULY 3,2002 -M-3- OF THE CITY OF PALM SPRINGS FIRST AMENDMENT TO MERGED PROJECT AREA NO.1 REPORT TO THE CITY COUNCIL taxes beyond those normally allowed by other state law and state constitutional provisions. Low and Moderate Income Housing Program A. Number of Dwelling Units Housing Low and Moderate Income Households Expected to be Destroyed or Removed by the Project The Amendment does not permit the Agency to acquire residential property, so no dwelling units would be affected by adoption of the Amendment. B. Number of Persons and Families of Low and Moderate Income Expected to be Displaced by the Project As discussed above, the Agency estimates that up to no households of low- and moderate-income would be displaced by Project implementation as a result of adoption of the Amendment. C. General Location of Replacement Low and Moderate Income Housing to be Rehabilitated, Developed and Constructed Not applicable, since the Amendment does not permit the Agency to use eminent domain to acquire residential property. D. Number of Dwelling Units Housing Persons of Low and Moderate Income Planned for Construction or Rehabilitation Other than Replacement Housing Not applicable, since the Amendment does not permit the Agency to use eminent domain to acquire residential property. E. Projected Means of Financing Rehabilitation and New Construction of Housing for Low and Moderate Income Households Not applicable, since the Amendment does not permit the Agency to use eminent domain to acquire residential property. F. Projected Timetable for Meeting the Plan's Relocation, Rehabilitation and Replacement Housing Objectives Not applicable, since the Amendment does not permit the Agency to use eminent domain to acquire residential property. I /Bt ROSENOW SPEVACEK GROUP,INC. COMMUNITY REDEVELOPMENT AGENCY JULY 3,2002 -MA- OF THE CITY OF PALM SPRINGS FIRST AMENDMENT TO MERGED PROJECT AREA NO.1 REPORT TO THE CITY COUNCIL El Summary of Agency's Consultations with Affected Taxing Agencies The proposed Amendment would not detrimentally impact affected taxing agencies because the Amendment does not affect the financing of the Project Area in any way, nor will it change the plan's land use policies or list of public improvement projects. On July 22, 2002, the Agency will transmit the notice of the September 4, 2002 joint public hearing to all affected taxing agencies via certified. Thus far, the Agency has not been contacted by any taxing agencies seeking consultations regarding the Amendment. lA-3a-- ROSENOW SPEVACEK GROUP,INC. COMMUNITY REDEVELOPMENT AGENCY JULY 3,2002 -N-1 - OF THE CITY OF PALM SPRINGS FIRST AMENDMENT TO MERGED PROJECT AREA NO.1 REPORT TO THE CITY COUNCIL Redevelopment Project Area Map f /133 ROSENOW SPEVACEK GROUP,INC. COMMUNITY REDEVELOPMENT AGENCY JULY 3,2002 OF THE CITY OF PALM SPRINGS FIRST AMENDMENT TO MERGED PROJECT AREA NO.1 REPORT TO THE CITY COUNCIL LJII: — ic������ FRO ��n�!-,!IIf1��IIIII�iiillRilll� ._� �1■■�■■r�:� �llrrnn I111111�'p��1`7- , ��ialillll '�71 •► 1ITII111== 1111 rlt��lErl�'1� •• llllnul1�11=_�_---�I11 Tti__ .IR Proposed First Amendment ROSENOW SPEVACEK GROUP,INC. COMMUNITY REDEVELOPMENT AGENCY JULY 3,2002 OF THE CITY OF PALM SPRINGS FIRST AMENDMENT TO MERGED PROJECT AREA NO.1 REPORT TO THE CITY COUNCIL .In Photo Survey/Samples of Existing Conditions Photo 1: 500 Block of Palm Canyon Drive (Central Business District Area). The shopping center is almost completely vacant and contains defective modem retail design as parking is limited and the stores lack street visibility. 14-50 ROSENOW SPEVACEK GROUP,INC. COMMUNITY REDEVELOPMENT AGENCY JULY 3,2002 OF THE CITY OF PALM SPRINGS FIRST AMENDMENT TO MERGED PROJECT AREA NO. I REPORT TO THE CITY COUNCIL .......... Photo 2: Indian Canyon Drive at Via Altamura (North Palm Canyon Area). The building above is abandoned and vacant, and attached to residential dwellings on the left. The exterior wall material is deteriorating along with portions of the roof coming apart. ROSENOW SPEVACEK GROUP,INC. COMMUNITY REDEVELOIAME�NTA(71ENCY JULY 3,2002 OF THE CITY OF PALM SPRINGS FIRST AMENDMENT TO MERGED PROJECT AREA NO.1 REPORT TO THE CITY COUNCIL p............. ...... ORM /w/w Aff N" Photo 3: 200 Block of Indian Canyon Drive(Central Business District Area). The vacant building above appears to be a former car dealership and is located next to an operating retail building. The size of the property lacks the available space for cars to accommodate for an effective dealership operation. ROSENOW SPEVACEK GROUP,INC. COMMUNITY REDEVELOPMENT AGENCY JULY 3,2002 OF THE CITY OF PALM SPRINGS FIRST AMENDMENT TO MERGED PROJECT AREA NO.I REPORT TO THE CITY COUNCIL Photo 4: 200 Block of Indian Canyon Drive(Central Business District Area). The structure above has no foundation and is situated on the parking lot. ........... ...I'll, N Photo 5. 150 Block of E. Palm Canyon Drive (Project 9 Area). The two small retail spaces have limited street parking. Without sufficient amount of space for parking and ingress/egress, customers will find convenient parking to be difficult. I a 3? ROSENOW SPEVACEK GROUP,INC. COMMUNITY REDEVELOPMENT AGENCY JULY 3,2002 OF THE CITY OF PALM SPRINGS FIRST AMENDMENT TO MERGED PROJECT AREA NO.I REPORT TO THE CITY COUNCIL I Ilit� rr Photo 6. Near the comer of Twin Palms Drive and Camino Real (Project 9 Area). The closed hotel above is completely. The building suffers from deterioration such as exterior wall material and roof peeling. ROSENOW SPEVACEK GROUP,INC. COMMUNITY REDEVELOPMENT AGENCY JULY 3,2002 OF THE CITY OF PALM SPRINGS FIRST AMENDMENT TO MERGED PROJECT AREA NO.1 REPORT TO THE CITY COUNCIL MN, Photo 7. 400 Block of Belardo Road (Central Business District Area). The shopping center above is vacant. The design of the building lacks the design for today's retail operation such as windows for display. hL ROSENOW SPEVACEK GROUP, INC. COMMUNITY REDEVELOPMENT AGENCY JULY 3,2002 OF THE CITY OF PALM SPRINGS FIRST AMENDMENT TO MERGED PROJECT AREA NO.1 REPORT TO THE CITY COUNCIL �I rM F Photo S: Desert Fashion Plaza parking structure on Palm Canyon Drive(Central Business District Area). The parking structure is completely vacant. The concrete pavement on the driveway is also cracking and contains standing water, showing signs of improper drainage, resulting in further deterioration. ROSENOW SPEVACEK GROUP,INC. COMMUNITY REDEVELOPMENT AGENCY JULY 3,2002 OF THE CITY OF PALM SPRINGS FIRST AMENDMENT TO MERGED PROJECT AREA NO.1 REPORT TO THE CITY COUNCIL m j» Photo 9. Desert Fashion Plaza on Palm Canyon Drive (Central Business District Area), Although the mall is located on one of the busiest streets in Palm Springs, it is closed and nearly completely vacant. The mall is deteriorating as entrances and windows are boarded up, and fascia boards and exterior wall material are peeling. �= ROSENOW SPEVACEK GROUP,INC. COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS JULY 3,2002 FIRST AMENDMENT TO MERGED PROJECT AREA NO.1 REPORT TO THE CITY COUNCIL "P XiV All v �5� Photo 11: 3900 Block of Indian Canyon Drive (Highland-Gateway Area). The structure above is abandoned. The windows and entrance are boarded up. The facility has no pavement for parking or driveway. ROSENOW SPEVACEK GROUP, INC. COMMUNITY REDEVELOPMENT AGENCY JULY 3,2002 OF THE CITY OF PALM SPRINGS FIRST AMENDMENT TO MERGED PROJECT AREA NO.1 REPORT TO THE CITY COUNCIL Photo 12: 3900 Block of Indian Canyon Drive (Highland-Gateway Area). The walls and door of the property above is covered in wooden board. Portion of the roof are also falling apart from deterioration. ROSENOW SPEVACEK GROUP,INC. COMMUNITY REDEVELOPMENT AGENCY JULY 3,2002 OF THE CITY OF PALM SPRINGS FIRST AMENDMENT TO MERGED PROJECT AREA NO.1 REPORT TO THE CITY COUNCIL P '�°�3:Bhts[ ti':7 ki.vttxxsy„r.�seae � n - 3Y/ih' / K ''➢P✓ //6' r •..` "7,�&.'�,,.,ia'.�t..3� /�.�. .,N . s 1.., - a�',�:k?-�" '��«'��.n"`�te�ld�+iJa%i�.�",'�'; mA k 200B� a«San Rafael 2e #Ae$Ga!_#Are 6 The small commercial �lprevent adequate spa ce for parkingandegress+psas customers are faced to park less thns feet from thentrance. ROS_WSPEVACe GROUP,INC. COMMUNITY REDEVELOPMENT AGENCY ®>m_ OF THE CITY OF PALM SPRINGS FIRST AMENDMENT m MERGED PROJECT AREA NO., REPORT TO THE CITY COUNCIL yti7�� b, r , Photo 15. 180 Block of Oasis Road (Highland-Gateway Area). . The abandoned building shows serious signs of deterioration as the foundation is rotting away. The windows are boarded up and the exterior wall material along with the roof is coming apart. ROSENOW SPEVACEK GROUP,INC. COMMUNITY REDEVELOPMENT AGENCY JULY 3,2002 OF THE CITY OF PALM SPRINGS FIRST AMENDMENT TO MERGED PROJECT AREA NO.1 REPORT TO THE CITY COUNCIL NA Negative Declaration ROSENOW SPEVACEK GROUP,INC. COMMUNITY REDEVELOPMENT AGENCY JULY 3,2002 OF THE CITY OF PALM SPRINGS FIRST AMENDMENT TO MERGED PROJECT AREA NO.1 REPORT TO THE CITY COUNCIL FIRST AMENDMENT TO THE MERGED REDEVELOPMENT PLAN FOR THE MERGED REDEVELOPMENT PROJECT NO. 2 (BARISTO-FARRELL REDEVELOPMENT PROJECT) The Redevelopment Plan for the Baristo-Farrell Constituent Area of the Merged Redevelopment Project No. 2, as was established on May 7, 1986 by Ordinance No. 1267; amended by Ordinance No. 1493 on December 21, 1994 and Ordinance 1576 on December 15, 1999; and merged on May 26, 2000 by Ordinance 1583 (the "Plan"), is hereby amended as follows: Section 321 of the Plan is hereby amended to read as follows: "l. (321) Acquisition of Real Property The Agency may acquire, but is not required to acquire, any real property located in the Project Area by gift, devise, exchange, purchase, or any other lawful method, including eminent domain, subject to the exception s specfed in this section. The Agency is authorized to acquire structures without acquiring the land upon which those structures are located The Agency is also authorized to acquire any other interest in real propertyless than a fee. l e exec•eise g f t e shall be eommenced by Me Ageney within twelve (12) years ft&wing the ^f this n .—The Agency may only use eminent domain to acquire nonresidential property. Except as otherwise provided herein, or otherwise provided by law, no eminent domain proceeding to acquire property within the Baristo-Farrell Constituent Area shall commence after twelve (12)years following the date of the adoption of the ordinance approving and adopting the First Amendment to the Merged Redevelopment Plan. Such time limitations may be extended only be amendment of this Redevelopment Plan. " Properties may be acquired and cleared by the Agency if a determination is made that one or more of the following conditions exist: 1. The building must be removed in order to assemble land into parcels of reasonable size and shape to eliminate that impediment to land development; 2. The building is substandard as demonstrated by are inspection of the property by the Building Department of the City of Palm Springs; Community Redevelopment Agency ofthe City ofPahn Springs First Amendment to the June 11, 2002 Merged Redevelopment Plan for a -Pagel of6- Merged Redevelopment Project No.2 3. The building must be removed in order to eliminate an environmental deficiency, including, but not limited to, incompatible land uses and small and irregular lot subdivisions; 4. The building must be removed to provide land for needed public facilities, including among others, rights-of-way, public safety facilities, public recreational facilities and open space, and other public utilities. Properties which may not be acquired by eminent domain include the following: 1. The A eennCyay only use eminent domain to acquire nonresidential property. Eminent domain proceedings shall not be used to acquire land owned in common by the Agua Caliente Band of the Mission Indians or the fee interest in lands owned by individual Indian allottees•. Further, eminent domain shall not be used to acquire leases on land awned by individual allottees of the Agua Caliente Band of the Cahuilla Indians without the express written permission of the individual allottee and the Bureau of Indian Affairs. 2. Property owned by public bodies which do not consent to such acquisition. The Agency is authorized however, to acquire property devoted to a public use; 3. Real property to be retained by an owner, either as a conforming owner or pursuant to a participation agreement, if the owner fully performs under the agreement, or 4. Real property on which an existing building is to be continued on its present site and in its present form and use may not be acquired by eminent domain without the consent of the owner unless; a. The building requires structural alterations, improvements, modernization or rehabilitation; b. The site or lot on which the building is situated requires modification in size, shape or use; or C. It is necessaty to impose upon such property any of the standards, restrictions, and controls of this Plan, and the owner fails or refuses to participate in this project by executing art Owner Participation Agreement. 5� Connuunity Redevelopment Agency of the City ofPahn Springs First Amendment to the June 11, 2002 Merged Redevelopment Plan for P:V25GWdmSN��ea�0iher ED Ame.NmenrsVaNmdpa2 dcr -Page 2 of 6- Merged Redevelopment Project No. 2 Other provisions of this section nothwithstanding the Agency shall not acquire from any of its members or officers any property or interest in property except through eminent domain proceedings." Community Redevelopment Agency of the City ofPahn Springs First�m�i��the June 11, 2002 Merged Redevelopment Plan for a -Page 3 of 6- Merged Redevelopment Project No. 2 FIRST AMENDMENT TO THE MERGED REDEVELOPMENT PLAN FOR THE MERGED REDEVELOPMENT PROJECT NO. 2 (CANYON CONSTITUENT AREA) The Redevelopment Plan for the Canyon Constituent Area of the Merged Redevelopment Project No. 1, as was established on July 19, 1991 by Ordinance No. 1388; amended by Ordinance No. 1492 on December 21, 1994; and merged on May 26, 2000 by Ordinance 1538 (the"Plan"), is hereby further amended as follows: Section 600.31 of the Plan is hereby amended to react as follows: 111. (301) General Provisions for Real Property Acquisition Except as specifically exempted herein, the Agency may, but is not required to obtain real property by purchase, lease obtain options to, acquire by gift, grant, bequest, exchange, devise, eminent domain or other lawfid method whatsoever, as necessary to carry out the purpose of this Plan. Property already devoted to public use may be acquired by the Agency through eminent domain, but property of a public body shall not be acquired without its consent. The Agency is authorized to acquire any fee or less than fee interest in real property, and to acquire structures without acquiring the land upon which the said structures are located The Agency is not authorized to acquire interest in oil, gas or other mineral substance below 500 feet within the Project Area, but may acquire water rights to any and all properties within the Project Area. The Agency, at the request of the legislative body, may accept a conveyance of real property owned by a public entity and declared surplus by the public entity, or owned by a private entity. The Agency may dispose of such property to private person or to public or private entities by sale or long-term lease for development. A11 or any part of the funds derived from the sale or lease of such property may, at the discretion of the City Council, be paid to the community or to the public entity from which any such property was acquired The Agency shall not acquire front any of its members or officers any property, or interest in property, except by eminent domain through court action. Without the consent of an owner, the Agency shall not acquire real property on which an existing building is to be continued on its preseln Community Redevelopment Agency of dhe City ofPalin Springs First Anrendrnc— �nnt to June 11, 2002 Merged Redevelopment Plan for a -Page 4of6- Merged Redevelopment Project No. 2 site as in its present form and use unless such building requires structural alteration, improvement, modernization, or rehabilitation, or the site or lot on which the building is situated requires modification in size, shape or use, or it is necessary to impose upon such property any of the standards, restrictions, and controls of the Plan and the owner fails or refuses to agree to participate in the Redevelopment Plan pursuant to an owner participation agreement. Any covenants, conditions, or restrictions existing on any real property within a Project Area prior to the time the Agency acquires title to such property, which covenants, conditions, or restrictions restrict or purport to restrict the use of, or building upon, such real property, shall be void and unenforceable as to the Agency and any other subsequent owners, tenants, lessees, easement holders, mortgagees, trustees, beneficiaries under a deed of trust, or any other persons or entities acquiring an interest in such real property from such time as title to the real property is acquired by the Agency whether acquisition is by gift, purchase, or otherwise. This shall not apply to covenants, conditions, or restrictions imposed by the Redevelopment Plan or by the Agency pursuant to the Redevelopment Plan. This also shall not apply to covenants, conditions, or restrictions where the Agency in writing expressly acquires or holds property subject to such covenants, conditions, or restrictions. Further, this shall not limit or preclude the rights or owners or assignees of any land benefited by any covenants, conditions, or restrictions to recover damages against the Agency if under law such owner or assignee has any right to damages. No right to damages shall exist against any purchaser from the Agency or his successors or assigns, or any other person or entities. 2. Acquisition of Real Property y Eminent Domain Since it is in the public interest and is necessary for the elimination of those conditions requiring redevelopment, the power of eminent domain may be employed by the Agency to acquire real property in the Project Area. The Agency may only use eminent domain to acquire nonresidential ro er Through the adoption of this Plan, the Agency has not designated or identified any particular parcel of property or properties to be acquired through eminent domain. In the event that it is determined that a particular portion of any real property is required pursuant to the conditions stated above,for the above stated uses, then the power of eminent domain shall not be exercised until a public hearing has been held before the Agency, with written notice of the said hearing given to all affected property owners as may be iudicated la L- Community Redevelopment A gency of the City of Paint Springs First Amendment to the June 11, 2002 Merged Redevelopment Plan for F. -Page 5 of 6- Merged Redevelopment Projcct No.2 on the latest tax assessment records, not less than ten (10) day prior to said hearing. Redevelepment Plan Except as otherwise provided herein, or otherwise provided by law, no eminent domain proceeding to acquire property within the Canyon Constituent Area shall commence after twelve 12 years following the date of the adoption of the ordinance approving and adopting the First Amendment to the Merged Redevelopment Plan. Such time limitations may be extended only be amendment of this Redevelopment Plan. " 3. Limitations on the use of Eminent Domain upon Trust Land a. The power of eminent domain will not be used to acquire any parcels, leaseholds, or other interests in lands held in trust by the United States for any individual Indian or for the Agua Caliente Band itself. All such acquisitions will be by negotiated sale. b. As to any parcel of allotted trust land, the Agency will not purchase or acquire any leasehold interest from the lessee without the prior written consent of the lesser. Community Redevelopment Agency of the City gfPahu Springs First Amendment to the June 11, 2002 Merged Redevelopment Plan for F. -Page 6of6- MergedRedeveloprnentProjeciNo. 2 EXHIBIT "B" REPORT TO THE CITY COUNCIL FOR THE PROPOSED FIRST AMENDMENT TO THE MERGED REDEVELOPMENT PLAN FOR MERGED REDEVELOPMENT PROJECT AREA NO. 2 145� First Amendment to the Merged Project Area No. 2 (Baristo-Farrell and Canyon Eminent Domain Time Limit Extension) Report to the City Council July 17, 2002 Community RedevelopmentAgency of the City of Palm Springs 3200 TahquKz Canyon Way Palm Springs, California 92262 _:�ec.s J ■�sL � . - Rosen ow Spevacek Group, Inc. 217 North Main Street, Suite 300 Santa Ana, California 92701 Phone: (714) 541-4585 Fax: (714) 836-1748 E-Mail: info@webrsg.com A Table of Contents Introduction.......................................................................................... i Contentsof this Report............................................................................................i Reasons for the Amendment and a Description of Specific Projects Proposed and How These Projects Will Improve or Alleviate Blighting Conditions Found in the Project Area..............................................A-1 A Description of the Physical and Economic Conditions Existing in the Project Area ...............................................................................B-1 Summary of Original Blighting Conditions.........B-Errorl Bookmark not defined. Blighting Conditions Still Present Today............B-Errorl Bookmark not defined. Five-Year Implementation Plan........................................................C-1 Why the Elimination of Blight and Redevelopment Cannot Be Accomplished by Private Enterprise Acting Alone or by the City's Use of Financing Alternatives Other Than Tax Increment..............D-1 The Method of Financing.................................................................. E-1 The Relocation Plan ......................................................................... F-1 Analysis of the Preliminary Plan ......................................................G-1 Report and Recommendation of the Planning Commission ............H-1 Report of the Project Area Committee.............................................. 1-1 General Plan Conformance............................................................... J-1 Environmental Documentation.........................................................K-1 Report of the County Fiscal Officer................................................. L-1 Neighborhood Impact Report...........................................................M-1 Summary of Agency's Consultations with Affected Taxing Agencies ..........................................................................................................N-1 0 C1TEMPTA2REPORT.DOC EXHIBITS Exhibit 1 Redevelopment Project Area Map Exhibit 2 Proposed First Amendment Exhibit 3 Photo Survey/Samples of Existing Conditions Exhibit 4 Negative Declaration a� CATEMPTA2REPORT.DOC Introduction The Community Redevelopment Agency of the City of Plan Springs ("Agency') has proposed the first amendment ("Amendment") the Merged Redevelopment Plan ("Plan") for the Merged Redevelopment Project No. 2 ("Project'). The Amendment proposes to reestablish the ability to use eminent domain, as a last resort, to acquire nonresidential property within the Baristo-Farrell and Canyon constituent project areas of the Merged Redevelopment Project Area No. 2 ("Project Area"). Exhibit 1 presents a map of the boundaries of the Project Area. The Project Area consists of three constituent redevelopment project areas: Baristo-Farrell, Canyon and Tahquitz-Andreas. (The Tahquitz-Andreas constituent area is not affected by the proposed Amendment.) The corresponding redevelopment plan governs redevelopment activities for each constituent area in the 1,293-acre Project Area. This document is the Agency's Report to the City Council ("Report') on the proposed Amendment, and has been prepared pursuant to Section 33457.1 and 33352 of the California Community Redevelopment Law, Health and Safety Code Section 33000 et seq. ("Laid'). Pursuant to Section 33352 of the Law, the Agency is required to submit a Report containing specific documentation regarding the proposed Amendment. The purpose of this Report is to provide the information, documentation, and evidence required to support the adoption of the Amendment. This information, documentation, and evidence are provided to assist the City Council in its consideration of the proposed Amendment, and in making the various determinations in connection with its adoption. With respect to the Amendment, this Report supplements the documentation and evidence contained in the previous Reports to the City Council ("Original Reports"), prepared in connection with the original constituent redevelopment plans and the subsequent amendments; the Original Reports are incorporated herein by reference. Contents of this Report The contents of this Report are presented in 14 sections, which generally correspond to the subdivisions presented in Section 33352 of the Law. The sections are as follows: FAT ROSENOW SPEVACEK GROUP,INC. COMMUNITY REDEVELOPMENT AGENCY JULY 17,2002 -I- OF THE CITY OF PALM SPRINGS FIRST AMENDMENT TO MERGED PROJECT AREA NO.2 REPORT TO THE CITY COUNCIL SECTION A Reasons for the Amendment and a Description of Specific Projects Proposed and How These Projects Will Improve or Alleviate Blighting Conditions Found in the Project Area SECTION B A Description of the Physical and Economic Conditions Existing in the Project Area SECTION C Five-Year Implementation Plan SECTION D Why the Elimination of Blight and Redevelopment Cannot be Accomplished by Private Enterprise Acting Alone or by the City's Use of Financing Alternatives Other Than Tax Increment SECTION E The Method of Financing SECTION F The Relocation Plan SECTION G Analysis of the Preliminary Plan SECTION H Report and Recommendation of the Planning Commission SECTION I Report of the Project Area Committee SECTION J General Plan Conformance SECTION K Environmental Documentation SECTION L Report of the County Fiscal Officer SECTION M Neighborhood Impact Report SECTION N Summary of Agency's Consultations with Affected Taxing Agencies ROSENOW SPEVACEK GROUP, INC. COMMUNITY REDEVELOPMENT AGENCY JULY 17,2002 -II- OF THE CITY OF PALM SPRINGS FIRST AMENDMENT TO MERGED PROJECT AREA NO.2 REPORT TO THE CITY COUNCIL ni Reasons for the Amendment and a Description of Specific Projects Proposed and How These Projects Will Improve or Alleviate Blighting Conditions Found in the Project Area When originally adopted, each of the constituent redevelopment plans permitted the Agency to use eminent domain to acquire property in the Project Area. With some limited exceptions, eminent domain authority existed on all property in the Project Area, though it was rarely used. Under the Law, the time limit on eminent domain lasts for 12 years, unless extended by an amendment. In the Baristo- Farrell constituent area, eminent domain authority lapsed on May 7, 1998, while eminent domain authority in the Canyon constituent area expires on July 19, 2003. The following matrix summarizes the Agency's eminent domain authority in the Plan for each constituent area: Constituent Area Limitation on Eminent Domain In Existing Date Eminent Redevelopment Plan Domain Authority Expires Baristo-Farrell May not be used on property or leasehold interests of May 7,19W the Aqua Caliente Band of Cahuilla Indians Canyon None July 19,2003 Tahquirtz Andreas May not be used on property or leasehold interests of July 19,1995 the Aqua Caliente Band of Cahuilla Indians The Amendment proposes to extend eminent domain authority for the Baristo- Farrell and Canyon constituent areas; the Tahquitz-Andreas area is not impacted by the proposed Amendment. Nexus to Redevelopment Plan Goals Though it is among many redevelopment tools in the Plan, eminent domain authority is an essential component of the Agency's redevelopment program for the Project Area. The Plan includes several goals applicable to the Agency's land acquisition and assembly capabilities. As indicated below, the Agency's initial B A03 ROSENOW SPEVACEK GROUP,INC. COMMUNITY REDEVELOPMENT AGENCY JULY 17,2002 -A-1 - OF THE CITY OF PALM SPRINGS FIRST AMENDMENT TO MERGED PROJECT AREA NO.2 REPORT TO THE CITY COUNCIL intentions for redevelopment in the Project Area involved achieving land assembly, reuse and redevelopment goals, such as: Badsto-Farrell 1) Stimulate Economic Development. Enhance and expand shopping facilities in Palm Springs by improving or assisting in the improvement, including rehabilitation and expansion, of the Ralph's Shopping Center and the Palm Springs Mall, with possible development of a new center across Farrell Drive from the existing mall. 2) Promote Convention-related Development. Provide assistance in the development of Phase II of the Palm Springs Convention Center, including construction of a hotel, in the Project Area. 3) Assure Commercial Vitality. The strengthening of retail and other commercial functions in the area. a) Encourage Stakeholder Participation. Encourage the cooperation and participation of property owners, public agencies, and community organizations in the elimination of blighting conditions in the Project Area. s) Facilitate Investment in Community. Encourage investment in the Project Area by the private sector. s) Assemble and Consolidate Land. Remove economic impediments to land assembly and in-fill development in areas which are not properly subdivided for development. 7) 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 Project Area. Canyon 1) 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 Project Area. 2) 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 Project Area consistent with the goals, policies, objectives, programs, standards, guidelines, and requirements as set forth in the City's adopted General Plan. I1 ROSENOW SPEVACEK GROUP,INC. COMMUNITY REDEVELOPMENT AGENCY JULY 17,2002 -A-2- OF THE CITY OF PALM SPRINGS FIRST AMENDMENT TO MERGED PROJECT AREA NO.2 REPORT TO THE CITY COUNCIL a) Enhance Aesthetic Appeal of Community. Beautification activities to eliminate all forms of blight including, but not limited to, visual blight, in order to encourage community identity. a) Diversity 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 Project Area. s) 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 within the Project Area. a) Seek Communitywide 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 Project Area. 7) 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. a) 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. s) 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 Project Area and the community. DomainHow Eminent As described in Section B of this Report, persistent blighting conditions in the Project Area cannot be addressed without the ability to acquire and assemble property, including use of eminent domain authority. Though it has been rarely used by the Agency, eminent domain is an essential tool for redevelopment of the Project Area. Though there are no plans to acquire any property at this time, there are three types of instances where eminent domain authority can be useful in the redevelopment of the Project Area. Between the Baristo-Farrell and Canyon Constituent Areas, there are 330 undeveloped infill parcels, many of which are owned by parties that held ownership for several decades and have little incentive for developing their properties today. According to ownership information from 1 / ?'!r ROSENOW SPEVACEK GROUP,INC. COMMUNITY REDEVELOPMENT AGENCY JULY 17,2002 -A-3- OF THE CITY OF PALM SPRINGS FIRST AMENDMENT TO MERGED PROJECT AREA NO.2 REPORT TO THE CITY COUNCIL the Riverside County Recorder, nearly 48% of these lots have been owned for more than 15 years. As these properties languish, the Agency's efforts for revitalizing and stimulating investment in the Project Area are curtailed. If the Agency could use its full capabilities to purchase and offer property to motivated owners, additional development consistent with the General Plan could occur. The private sector alone cannot easily assemble property in light of the diverse ownership patterns in the Project Area. A reluctant owner can hold out and effectively halt a land assembly and redevelopment effort. For this reason, the Plan includes the ability to use eminent domain to acquire property for redevelopment purposes and the greater good of the Project Area. As a result, the Agency is seeking to adopt an amendment to the Plan that would reestablish its authority to use eminent domain, as a last resort, to acquire certain property in the Project Area. A copy of the proposed Amendment is included on Exhibit 2. The proposed Amendment would modify the Baristo-Farrell and Canyon Constituent Redevelopment Plans. The Amendment would feature a new 12 year time limit on the initiation of eminent domain, commencing from the date the Amendment is adopted. Additionally, the proposed Amendment would add a new restriction to the Agency's eminent domain authority, prohibiting the use of eminent domain on residential property in the Baristo-Farrell and Canyon Constituent Areas. ROSENOW SPEVACEK GROUP,INC. COMMUNITY REDEVELOPMENT AGENCY JULY 17,2002 -A-4- OF THE CITY OF PALM SPRINGS FIRST AMENDMENT TO MERGED PROJECT AREA NO.2 REPORT TO THE CITY COUNCIL row] A Description of the Physical and Economic Conditions Existing in the Project Area Section 33352(b) of the Law requires a description of the physical and economic conditions that cause the Project Area to be blighted. This information was provided in the Original Reports prepared and provided as evidence that the Project Area was deemed blighted at the time of adoption. Pursuant to Section 33368 of the Law, the adoption of the ordinances adopting the Plan and subsequent amendments are final and conclusive, and it is thereafter conclusively presumed that the Project Area is a blighted area as defined by Sections 33031 and 33032 of the Law and that all prior proceedings have been duly and regularly taken. According to land use data from the Metroscan property information service, the Baristo-Farrell and Canyon Area contain 330 vacant infill lots (25.20% of the 1,310 total parcels in these areas. The parcels are composed of 269 (81.52%) in residential, 25 (7.58%) in commercial, and 36 (10.90%) parcels in others. These underutilized and undeveloped parcels are a blight on the community, according to City Code Enforcement officials,who stated that these lots are often neglected and a nuisance on neighboring properties. Violations such as illegal dumping and occupation often occur on these vacant sites. Pursuing properties owners who neglect their vacant parcels is difficult, because many do not live in the area. According to the Metroscan, approximately 81.82% of the owners of the 330 vacant lots live outside the County. Because they do not reside in the area, these absentee owners have less of a stake in the community, and are less capable of monitoring and maintaining their properties. Although most of the undeveloped land within the Project Area is physically developable, it is unlikely that this will occur without assistance from the Agency. The combination of the cost for needed pre-development improvements, assembly or division of parcels, marginal economic activity and/or inability of the land owner to invest, make these parcels undevelopable without the assistance of a public/private partnership made possible through the actions of redevelopment. For example, approximately 157 (47.58%) parcels have not transferred ownership in more than 15 years, indicating that the owners have no interest in selling and/or developing the parcel. �C 7 ROSENOW SPEVACEK GROUP,INC. COMMUNITY REDEVELOPMENT AGENCY JULY 17,2002 -B-1- OF THE CITY OF PALM SPRINGS FIRST AMENDMENT TO MERGED PROJECT AREA NO.2 REPORT TO THE CITY COUNCIL IR Five-Year Implementation Plan On October 24, 2001, the Agency adopted Resolution No. 2153 approving its Five Year Implementation Plan for the Project ('Implementation Plan"). The Implementation Plan contains specific goals and objectives for the Project Area, the specific projects and expenditures proposed to be made during the five-year planning period, and an explanation of how these goals, objectives, and expenditures will eliminate blight within the Project Area. The Implementation Plan is not affected by this Amendment, and is incorporated herein by reference. ROSENOW SPEVACEK GROUP,INC. COMMUNITY REDEVELOPMENT AGENCY JULY 17,2002 -C-1 - OF THE CITY OF PALM SPRINGS FIRST AMENDMENT TO MERGED PROJECT AREA NO.2 REPORT TO THE CITY COUNCIL 1 Why the Elimination of Blight and Redevelopment Cannot Be Accomplished by Private Enterprise Acting Alone or by the City's Use of Financing Alternatives Other Than Tax Increment Section 33352(d) of the Law requires an explanation of why the elimination of blight in the Project Area cannot be accomplished by private enterprise alone, or by the City's use of financing alternatives other than tax increment financing. This information was previously provided in the Original Reports and supporting documentation prepared and provided at the time of the adoption of the original Plan. The proposed Amendment will not make any changes that would affect the validity of the previously prepared documentation. ,! �(©� ROSENOW SPEVACEK GROUP,INC. COMMUNITY REDEVELOPMENT AGENCY JULY 17,20O -D-1 - OF THE CITY OF PALM SPRINGS FIRST AMENDMENT TO MERGED PROJECT AREA NO.2 REPORT TO THE CITY COUNCIL The Method of Financing Section 33352(e) of the Law requires inclusion of a proposed method of financing the Project. This documentation was provided in the Original Reports, incorporated herein by reference. Because the Amendment will not alter the Project Area boundaries or affect the base year value of the Project Area, the Amendment will not change the method of financing the Project. ROSENOW SPEVACEK GROUP,INC. COMMUNITY REDEVELOPMENT AGENCY JULY 17.2002 -E-1 • OF THE CITY OF PALM SPRINGS FIRST AMENDMENT TO MERGED PROJECT AREA NO.2 REPORT TO THE CITY COUNCIL 'M The Relocation Plan Section 33352(f) of the Law requires inclusion of a method of relocation for the Project. Concurrent with the original adoption to the Plan in 1990, the Agency adopted as its method of relocation the California Relocation Assistance and Real Property Acquisition Guidelines, as they existed or are subsequently amended. Also, as a public agency, the Agency is required to adhere to State Relocation Law to the extent relocation is necessary. The Amendment does not alter the Agency's existing method of relocation. J � 7/ ROSENOW SPEVACEK GROUP,INC. COMMUNITY REDEVELOPMENT AGENCY JULY 17.2002 -F-1- OF THE CITY OF PALM SPRINGS FIRST AMENDMENT TO MERGED PROJECT AREA NO.2 REPORT TO THE CITY COUNCIL .19 Analysis of the Preliminary Plan Section 33352(g) of the Law requires the inclusion of an analysis of the Preliminary Plan. This information was provided in the Original Reports prepared at the time the original Plan was adopted. The proposed Amendment does not alter the analysis of the Preliminary Plan contained in the Original Reports. A 7 o-)�. ROSENOW SPEVACEK GROUP,INC. COMMUNITY REDEVELOPMENT AGENCY JULY 17,2002 -G-1- OF THE CITY OF PALM SPRINGS FIRST AMENDMENT TO MERGED PROJECT AREA NO.2 REPORT TO THE CITY COUNCIL ■ Report and Recommendation of the Planning Commission Because the proposed Amendment does alter land use provisions in the Plan, and merely reestablishes the preexisting authority to use eminent domain in the Project Area, the report and recommendation of the City of Palm Springs Planning Commission was not required for this Amendment. The original report and recommendation of the Planning Commission on the original constituent redevelopment plans is included in the Original Reports, incorporated herein by reference. tq"73 ROSENOW SPEVACEK GROUP,INC. COMMUNITY REDEVELOPMENT AGENCY JULY 17,2002 -H-1 - OF THE CITY OF PALM SPRINGS FIRST AMENDMENT TO MERGED PROJECT AREA NO.2 REPORT TO THE CITY COUNCIL Report of the Project Area Committee The proposed Amendment does not permit the condemnation of housing occupied by low and moderate income households, so a project area committee was not required or formed for this process. Project Area property owners, residents, businesses and the general public will have several opportunities to provide input on the proposed Amendment as a part of the ongoing process. This includes the following public meetings: July 24,2002 Agency/City Council Set Joint Public Hearing July 24 Agency Approve Report to City Council September 4 Agency/City Council .joint Public Hearing September 18 City Council Approve Responses/Neg. Dec. September 18 City Council First Reading of Ordinance October 2 City Council Second Reading of Ordinance Notice of the September 4, 2002 joint public hearing will be transmitted via first class mail to all Project Area property owners, residents, and businesses 30 days prior to the public hearing. All affected taxing agencies will receive similar notice by certified mail. In addition, notice of the public hearing will be published in the Desert Sun for three consecutive weeks (Monday August 5, August 12, and August 19, 2002). IA- 7q 7 ROSENOW SPEVACEK GROUP, INC. COMMUNITY REDEVELOPMENT AGENCY JULY 17,2002 -1-1 - OF THE CITY OF PALM SPRINGS FIRST AMENDMENT TO MERGED PROJECT AREA NO.2 REPORT TO THE CITY COUNCIL General Plan Conformance Section 333520) of the Law requires a finding of General Plan conformance per Section 65402 of the Government Code. The Amendment only extends the time limit to commence eminent domain, and does not approve any specific development or land assembly project, nor alter any provision of Plan relating to land use policy or other matters involving the General Plan. Consequently, the Amendment does not alter the Planning Commission's and City Council's original findings that the constituent redevelopment plans conform to the City General Plan. 7-S ROSENOW SPEVACEK GROUP,INC. COMMUNITY REDEVELOPMENT AGENCY JULY 17,2002 -J-1 - OF THE CITY OF PALM SPRINGS FIRST AMENDMENT TO MERGED PROJECT AREA NO.2 REPORT TO THE CITY COUNCIL .Rik Environmental Documentation Section 33352(k)of the Law requires environmental clearance prepared pursuant to Section 21151 of the Public Resources Code. Concurrent with the adoption of the original Plan and the subsequent amendments, the Agency undertook appropriate environmental documentation as necessary; said documentation is incorporated herein by reference. For this Amendment, an Initial Study was prepared pursuant to California Environmental Quality Act guidelines,which found that the proposed Amendment to extend the time limit of the Plan's existing eminent domain authority would not have a significant adverse impact on the environment with the incorporation of mitigation measures. As such, a Negative Declaration for the proposed Amendment was completed and made available for review and comment. The 30-day circulation period will begin on July 22, 2002, and terminates on August 21, 2002. A copy of the Negative Declaration is included as Exhibit 3 to this Report. ROSENOW SPEVACEK GROUP,INC. COMMUNITY REDEVELOPMENT AGENCY JULY 17,2002 -K-1 - OF THE CITY OF PALM SPRINGS FIRST AMENDMENT TO MERGED PROJECT AREA NO.2 REPORT TO THE CITY COUNCIL Report of the County Fiscal Officer The proposed Amendment does not alter Project Area boundaries;therefore, the constituent base year reports for each component area of the Project Area, prepared pursuant to Section 33328 of the Law by the County of Riverside Auditor-Controller and State Board of Equalization respectively ('Base Year Reports"), do not need to be reformulated. The constituent Base Year Reports are included in the Original Reports and incorporated herein by reference. d 77 ROSENOW SPEVACEK GROUP,INC COMMUNITY REDEVELOPMENT AGENCY JULY 17,2002 -L-1 - OF THE CITY OF PALM SPRINGS FIRST AMENDMENT TO MERGED PROJECT AREA NO.2 REPORT TO THE CITY COUNCIL 11 Neighborhood Impact Report The Law requires that a Neighborhood Impact Report discuss the impact the Plan would have on low and moderate income persons or families in the following areas: relocation, traffic circulation, environmental quality, availability of community facilities and services, effect on school population and quality of education, property assessments and taxes, and other matters affecting the physical and social quality of the neighborhood. Additional issues that the neighborhood impact report must address include: the number of low or moderate-income dwelling units to be removed or destroyed; the number of low or moderate income persons or families expected to be displaced; the general location of housing to be rehabilitated, developed or constructed; the number of dwelling units planned for construction or rehabilitation to house persons and families of low or moderate income (other than replacement housing); the projected means of financing the aforementioned dwelling units; and the projected timetable for meeting the Plan's relocation, rehabilitation, and replacement housing objectives. The Amendment would permit the Agency to continue implementation of the redevelopment program authorized in the Plan. This Section describes the implications of the Amendment on Project Area neighborhoods. Relocation The Agency does not have any plans to relocate residents or businesses in the Project Area at this time. If relocation activities are undertaken, the Agency will handle those activities on a case-by-case basis, in accordance with its method of relocation. As a public agency formed under the provisions of state law, the Agency is required to adhere to the State Relocation Law (Government Code Sections 7260 through 7277) and follow the California Relocation Assistance and Real Property Acquisition Guidelines ('State Guidelines") as established in the California Code of Regulations, Title 25, Chapter 6. Prior to commencement of any acquisition activity that may cause substantial displacement of residents, the Agency will adopt a specific relocation plan in conformance with the State Guidelines. To the extent appropriate, the Agency may supplement those provisions provided in the State Guidelines to meet particular relocation needs of a specific project. Such supplemental policies, if adopted in the Agency's sole discretion, will not involve reduction, but instead enhancement of the relocation benefits required by State Law. 1 " ' �9 ROSENOW SPEVACEK GROUP,INC. COMMUNITY REDEVELOPMENT AGENCY JULY 17,2002 -M-1- OF THE CITY OF PALM SPRINGS FIRST AMENDMENT TO MERGED PROJECT AREA NO.2 REPORT TO THE CITY COUNCIL Traffic Circulation An Initial Study and Negative Declaration were prepared to assess the traffic and other environmental impacts of the Amendment. A copy of the Negative Declaration is contained in Exhibit 4 to this Report. In general, because the Amendment modifies an existing provision in the Plan (specifically to reestablish eminent domain authority on nonresidential property), the Initial Study concluded that the Amendment would result in no significant traffic impacts. The Plan does not provide for the direct development of any private or public development projects that would generate traffic and impact existing levels of service of any roadways in the Project Area. However, the development of projects would indirectly generate traffic both during and after project construction, impacting existing levels of service on road segments and intersections that serve the Project Area both within and outside its boundaries. The City's General Plan will control the land use designations and intensities of the Plan; its implementation will not create locally or cumulatively significant impacts beyond what is anticipated under the General Plan. It will also not alter or intensify the General Plan's land uses, traffic generation, levels of service, or intersection capacities. Plan implementation will not cause traffic or circulation impacts that were not considered and mitigated in the General Plan Environmental Impact Report. The Agency, via the Plan, will adhere to policies in the circulation element of the General Plan in lessening traffic and circulation impacts. The Plan permits the Agency to construct improvements to improve traffic circulation. These projects will improve circulation, mitigate traffic deficiencies, and provide general benefits to the Project Area consistent with the circulation element of the General Plan. Environmental Quality The Initial Study and Negative Declaration reviewed the impacts of the Amendment, and concluded that the Amendment itself would not result in any significant environmental impacts. The Amendment does not propose any specific development, redevelopment, or land acquisition project. As stated in the Plan, all development must conform to the City's General Plan and other applicable state and local building codes and controls. Because the Plan does not propose uses or intensities beyond the General Plan, adherence to adopted General Plan policies will ensure that implementation of the Plan will lessen or avoid potential impacts. This will assure that the quality of the environment is maintained. During implementation of the Plan, specific redevelopment proposals may warrant further specific environmental analysis as required by the California ROSENOW SPEVACEK GROUP,INC. COMMUNITY REDEVELOPMENT AGENCY JULY 17,2002 -M-2- OF THE CITY OF PALM SPRINGS FIRST AMENDMENT TO MERGED PROJECT AREA NO.2 REPORT TO THE CITY COUNCIL Environmental Quality Act, Public Resources Code Sections 21000, et seq. ("CEQA'). Availability of Community Facilities and Services The Initial Study and Negative Declaration determined that the Plan would not have a significant impact on public facilities including fire protection, police,water, wastewater, storm drain, and solid waste services. The Plan provides that any redevelopment activity is to be subject to, and consistent with, the policies set forth in the City's General Plan, Zoning Ordinance, and local codes and ordinances, as they now exist or are hereafter amended; the General Plan incorporates policies to mitigate impacts on public services and facilities. Implementation of the Plan and its proposed projects are expected to improve the City's existing community facilities and services. The Plan will allow the Agency to utilize tax increment revenues to provide for the upgrading of existing, and construction of new, community facilities,which will be of benefit to the Project Area. Effect on School Population and Quality of Education The Project Area is served by the Palm Springs Unified School District("District"). The Initial Study and Negative Declaration assessed the direct and cumulative impacts of the Amendment on area schools, and concluded that adoption of the Amendment would not result in any significant impacts. Development fees and/or land set-asides for schools would be sufficient to fund these facilities under Plan implementation. Plan implementation will not result in excess development of that allowed by the City's General Plan. Therefore, the adoption of the Amendment, nor implementation of the Plan, will not cause the Project Area to generate more students than could occur in connection with development allowed in the General Plan. The City has adopted policies in the General Plan to mitigate impacts of General Plan buildout on schools; implementation of the Plan will adhere to the General Plan policies to mitigate impacts on schools. Property Taxes and Assessments The Plan calls for various methods of financing its implementation, none of which are affected by the proposed Amendment. Because redevelopment agencies do not have the constitutional authority to impose taxes, implementation of the Plan will not cause an increase in property tax rates. Rather, the principal method of financing redevelopment will be the utilization of tax increment revenues generated by the Project Area. Tax increment financing reallocates property tax revenues generated by increases in the assessed value of property in the Project Area. Although redevelopment of the Project Area will increase the assessed valuation, Project Area property owners will not experience increases in property 1696 ROSENOW SPEVACEK GROUP,INC. COMMUNITY REDEVELOPMENT AGENCY JULY 17,2002 -M-3- OF THE CITY OF PALM SPRINGS FIRST AMENDMENT TO MERGED PROJECT AREA NO.2 REPORT TO THE CITY COUNCIL taxes beyond those normally allowed by other state law and state constitutional provisions. Low and Moderate Income Housing Program A. Number of Dwelling Units Housing Low and Moderate Income Households Expected to be Destroyed or Removed by the Project The Amendment does not permit the Agency to acquire residential property, so no dwelling units would be affected by adoption of the Amendment. B. Number of Persons and Families of Low and Moderate Income Expected to be Displaced by the Project As discussed above, the Agency estimates that up to no households of low- and moderate-income would be displaced by Project implementation as a result of adoption of the Amendment. C. General Location of Replacement Low and Moderate Income Housing to be Rehabilitated, Developed and Constructed Not applicable, since the Amendment does not permit the Agency to use eminent domain to acquire residential property. D. Number of Dwelling Units Housing Persons of Low and Moderate Income Planned for Construction or Rehabilitation Other than Replacement Housing Not applicable, since the Amendment does not permit the Agency to use eminent domain to acquire residential property. E. Projected Means of Financing Rehabilitation and New Construction of Housing for Low and Moderate Income Households Not applicable, since the Amendment does not permit the Agency to use eminent domain to acquire residential property. F. Projected Timetable for Meeting the Plan's Relocation, Rehabilitation and Replacement Housing Objectives Not applicable, since the Amendment does not permit the Agency to use eminent domain to acquire residential property. ROSENOW SPEVACEK GROUP,INC. COMMUNITY REDEVELOPMENT AGENCY JULY 17,2002 -M-4- OF THE CITY OF PALM SPRINGS FIRST AMENDMENT TO MERGED PROJECT AREA NO,2 REPORT TO THE CITY COUNCIL El Summary of Agency's Consultations with Affected Taxing Agencies The proposed Amendment would not detrimentally impact affected taxing agencies because the Amendment does not affect the financing of the Project Area in any way, nor will it change the plan's land use policies or list of public improvement projects. On July 22, 2002, the Agency will transmit the notice of the September 4, 2002 joint public hearing to all affected taxing agencies via certified. Thus far, the Agency has not been contacted by any taxing agencies seeking consultations regarding the Amendment. ROSENOW SPEVACEK GROUP,INC. COMMUNITY REDEVELOPMENT AGENCY JULY 17,2002 -N-1 - OF THE CITY OF PALM SPRINGS FIRST AMENDMENT TO MERGED PROJECT AREA NO.2 REPORT TO THE CITY COUNCIL Redevelopment Project Area Map ROSENOW SPEVACEK GROUP,INC. COMMUNITY REDEVELOPMENT AGENCY JULY 17,2002 OF THE CITY OF PALM SPRINGS FIRST AMENDMENT TO MERGED PROJECT AREA NO.2 REPORT TO THE CITY COUNCIL -tom=='��IIIII- • �ii�' � - II_ -1 - �-- -� -•• I -- , T T ��►�ri+ iuw'rj;'T�Illf�,� -- ��♦7 al A,pop I I� gill'lll!�7 �Ilefl'�� 1111111111==1=1111 MRA OR - ti In Proposed First Amendment A ROSENOW SPEVACEK GROUP,INC, COMMUNITY REDEVELOPMENT AGENCY JULY 17,2002 OF THE CITY OF PALM SPRINGS FIRST AMENDMENT TO MERGED PROJECT AREA NO.2 REPORT TO THE CITY COUNCIL .IR Negative Declaration ROSENOW SPEVACEK GROUP,INC. COMMUNITY REDEVELOPMENT AGENCY JULY 17,2002 OF THE CITY OF PALM SPRINGS FIRST AMENDMENT TO MERGED PROJECT AREA NO.2 REPORT TO THE CITY COUNCIL NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN, that the City of Palm Springs will hold a Public Hearing in the City Council Chambers, located at 3200 Tahquitz Canyon Way, Palm Springs, California 92262, beginning at 7:00 p.m., Wednesday, July 24, 2002, to consider the following: Initiating the Second Amendment to the Merged Redevelopment Plan for Merged Project Area No. 2 and adopting a procedure for formation and election of a Project Area Committee (PAC) The Community Redevelopment Agency of the City of Palm Springs ("Agency") the proposes to reestablish the time limit on commencing eminent domain property within the Tahquitz-Andreas Constituent Area of the Merged Redevelopment Project Area No. 2; and Section 33385.3 of the California Community Redevelopment Law, Health and Safety Code Section 33000, et seq. ("Redevelopment Law'), requires the CRA to establish a project area committee for the Amendment; and pursuant to Section 33385(b) of the Redevelopment Law, a procedure for the formation of a project area committee has been prepared and must be adopted by the City Council at a properly noticed Public Hearing. All interested persons are invited to attend the Public Hearing and express opinions on the item listed above. If you challenge the nature of the proposed action in court, you may be limited to raising only those issues you or someone else raised at the Public Hearing described in this notice, or in written correspondence delivered to the City Clerk, at the address listed above, at or prior to the Public Hearing. Members of the public may view this document and all referenced documents in the Community Redevelopment Department, City Hall, and submit written comments to the Community Redevelopment Agency at or prior to the Community Redevelopment Agency Meeting at or prior to the public hearing described in this notice. Further information, including a copy of the Procedures, proposed Plan Amendment and Resolution, prepared in accordance with Health and Safety Code Section 33385.3 and 33385(b), is available in the Office of the City Clerk, at the above address. PATRICIA A. SANDERS, City Clerk PUBLISHED: July 9 and July 16, 2002 14--Y 7 CITY OF PALM SPRINGS DEPARTMENT OF PLANNING AND BUILDING INITIAL STUDY Application No(s): Case No. _(Redevelopment Plan Amendments) Date of Completed Application: July 11, 2002 Name of Applicant: Palm Springs Redevelopment Agency Project Description and Location: REDEVELOPMENT PLAN AMENDMENT—The Community Redevelopment Agency of the City of Palm Springs is proposing to amend two existing merged redevelopment plans to extend the authority to use eminent domain to acquire non-residential property. The redevelopment plans that are proposed for amendment include Merged Redevelopment Plan No. 1 and Merged Redevelopment Plan No. 2. Merged Redevelopment Plan No. 1 consist of seven (7)redevelopment plans and includes the following plans: Central SmJness District; South Palm Canyon; Ramon—Bogie; Oasis; North Palm Canyon; Highland — Gateway; and Project Area 9, which includes the following sub- areas: 9-A; 9-B; 9-C; 9-D; 9-E; 9-F; 9-G; 9-H; and 9-I. Merged Redevelopment Plan No. 2 consists of three (3) redevelopment plans and includes the following plans: Baristo-Farrell; Canyon; and Tahquitz-Andreas. The Tahquitz-Andreas project area is not included as part of the proposed amendment to Merged Redevelopment Plan No. 2. A map showing all ten existing project areas is shown in Figure 1. Figures 2 is a map showing all of the redevelopment project areas and Figures 3 through 10 show each individual project area. The proposed Amendment of both merged redevelopment plans will extend the authority to use eminent domain to acquire non-residential property within the ten project areas of the merged redevelopment plans. The authority to use eminent domain within both amended project areas will apply to non-residential property only. In addition, for the project areas located within Indian lands, eminent domain proceedings shall not be used to acquire lands owned in common by the Agua Caliente Band of Cahuilla Indians or the fee interest in lands owned by individual Indian allottees. The proposed Amendment to extend the authority to use eminent domain, if approved, will allow the Agency to use eminent domain to acquire non-residential property, as stipulated in the Amendment for twelve (12)years from the date the Amendment is adopted. Table 1 below shows the date that the authority to use eminent domain expired within each project area. General Plan Land Use Designation: The Palm Springs General Plan Land Use designations for the property within each project area are presented below in Table 2. Proposed General Plan Land Use Designation: The proposed redevelopment plan amendment will not change and of the existing general plan land use de ignations. CITY OF PALM SPRINGS Fled ment Project. Areas W Z �;. .� > c lrcT clue ROAD / Z VISTA CHINO W k>„ ti m S Q F� I ALEJO ROAD G� If EF w 9 ¢ V RA O� ::. 9- D 9-I. l_<:; 9-E p� ' PALM 1. CENTRAL BUSINESS DISTRICT 9 :j • 9-F �ANy '� 2. TAHOUITZ-ANDREAS ON 3, SOUTH PALM CANYON / . 4,, RAMON-GENE AUTRY TRAIL I9-G D'41VE S. OASIS 6. NORTH PALM CANYON T.. HIGHLAND-GATEWAY S. .SARISTO-FARRELL 9 A thru 9 I. Project Area No. 9 rA A MONTE . RD. C I � O W Z Q O 2 z 1 Q O'Donnell u Z Golf kil Course AM ADO RD.. i 4 3 OWN ANDREAS RD. 6 6 TAHOUITZ WAY 8 o T ARENAS RD. z O 10 Z 9 U U' Q BARISTO RD. 112 z CENTRALBUSINESS DISTRICT REDEVELOPMENT PROJECT AREA RAMUN RD. 7 CITY OF PALM SPRINGS CASE NO. ORO. NO. RESOL. NO. APPLICANT DATE APPROVED BY PLAN. COMM. REMARKS DATE APPROVED BY COUNCIL Q Q I » , �mmm ® tgum AMADO O ROAD a CONVENTION N w < z CENTER O 3 z 4 5 6 L � ap J <^ W J m ® ANDREAS - --- -- - - - Oil ® < Q 7 8 9 . 10 - zLU Q < TAHOUITZ WAY z ® aisEx® ® wRfla12ifII O I, � Q 11 12 Q ARENAS ROAD Q W agH 3 UPARK TAHQUITZ - ANDREAS Z� U Q BARIS REDEVELOPMENT ® PROJECT AREA i v 2 ® ® 7L im 15 16 )A Q RAM N ROAD CITY OF PALM SPRINGS CASE NO. Ono. Na. RESOL. NO. APPLICANT DATE APP OVEO BY PLAN. COMM. REMARKS DATE APnwnvrn 2 ■ 1 < 3- ■ a° \ ■ 2 / ■ u� I ■ ■ 1 ■ s ■ ■ I ■ D ■ ... ... ......... ...4 7 8 ■ I U I ■ 9 110 ■ � 11 UlTr . ■ I ■ 1 ■ 1 AVENUE : ;IDW l 13; SOUTH PALM CANYON ■i ;< aa. 12 ■ ;~ W 14 ■ REDEVELOPMENT I4. Y J .- ■; �_ 15 ■ PROJECT AREA #3 nil MORONGO 3M OAD ■■ 16 ■ ■ ■ 18 . 17 C 2■ 19 1 D 2 23 �. VIA ORTEGA 24 22 AST PALM CANYON CITY OF _ PALM. ..SPRINGS CASE NO. ORtl. NU. RESOL. NO. APPLICANT DATE. APPROVED SY PLAN. COMM. REMARKS DATE APPROVED BY COUNCIL 06 ■ 11 ■ RAMO IL 12 co x s 04 5 G < SKYPOI T DRIV , s 14 } . SUNNY Z DUNES I ROAD 1_S. ■ 9 W i ■ j I � O ■ $ W CALLE SAN RAPHAEL } 10 13 t5 ca 1 ■ ■■■ ■■ ■'■ ■■ ■■ ■■ ■■■■■ ■�■■ ■ 1 RAMON - GENE AUTRY TRAIL REDEVELOPMENT PROJECT AREA #44 CITY OF PALM SPRINGS CASE NO. ORD. NO. RESOL. NO. APPLICANT DATE APPROVED by-PLAN. COMM. REMARKS DATE APPROVED By COUNCIL a a�a l DESERT s FASHION a PLAZA — a � a a TAHQUITZ WAY �i Z 0 IL 1 J. I O O 0< ¢ cc2 ¢ O_ < O O J.I CI Z ¢ W � O m OASIS REDEVELOPMENT PROJECT AREA #s_ CITY OF—PALM ..SPRINGS CASE NO. ORD. NU. RESOL. NU. APPLICANT DATE APPROVED RY PLAN. COMM. REMARKS DATE APPROVED SY COUNCLL VISTA C F r 1 8 C 15 ■� w z w 2 ¢0 9 < 16 ■m MONTEVIST C17 1 10 8 —7 MEN . z . 0 z 43 ■ ■ 4 1 1 ■ NORTH PALM CANYON ■ 5 ■ REDEVELOPMENT o� PROJECT AREA #6 L � 12 020 ■ a. ■ 6 21 ■ 0 13 IRA o 22 0 7 0 [Eli ONE LU 2 3 n C CITY OF PALM SPRINGS CASE NO. ORD, NO, RESOL. NU. APPLICANT DATE APPROVED BY PLAN. COMM. REMARKS DATE APPROVED BY COUNCIL LEVEE ■ ■ DESERT HIGHLAND ■ PARK 1510 ■ Wl :GN ■ ■■.i■_.L 3 17 19 s ♦1� 18 * 21' == 2= ■ r+rF ■7 0 24 y,Qy ■ ■■ 23 ■ MINOR , HIGHLAND GATEWAY REDEVELOPMENT PROJECT AREA #7 CITY OF PALM SPRINGS CASE NO. ORD. NO. RESOL. NO. APPLICANT DATE APPROVED CY PLAN. COMM. REMARKS DATE APPROVED BY COUNCIL O s. 7 LJIAHQIIITZ WAY L n '—'u0 2 3 9' 13 -__== -ROKD 0 19 10 14 21 17 4 J85 20 innnnnr o i nnn �n n �f'' nnnnnn W • U BARISTO - FARRELL REDEVELOPMENT PROJECT AREA #8 CITY OF PALM SPRINGS CASE NO. ORD. NU. RESOL. NO. APPLICANT DATE APPROVED BY PLAN. COMM. REMARKS DATE APPROVED BY COUNCIL CITY OF PALM SPRINGS e ment Project. Areas w 9- __IJET CLUB ROAD VISTA CHINO �ZM Lu R > 3t W-Tr= Cr z ALEJO ROAD Lu RA 9 b" 9-E I OAV kA CENTRAL BUSINESS DISTRICT 19-F 2. TAHQUITZ-ANDREAS AA,�,OV 3, SOUTH PALM CANYON 4, RAMON-GENE AUTRY TRAIL 9-G ')Fitt/ IS. OASIS 6, NORTH PALM CANYON 7, HIGHLAND-GATEWAY 8. BARIST C-FARRELL 9 A thru 9 1. Project Area No. 9 TABLE 1 EXPIRATION DATES OF EMINENT DOMAIN IN EXISTING PROJECT AREAS PROJECT AREA EMINENT DOMAIN EXPIRATION DATE Me r ed Redevelopment Plan No. 1 Central Business District July 11, 1985 Ramon-Bogle November 30, 1995 Oasis July 10, 1996 South Palm Canyon November 30, 1995 North Palm Canyon September 19, 1996 Hiqhland-Gateway November 20, 1996 Project No. 9 December 29,2000 Merged Redevelopment Plan No.2 Baristo-Farrell May 7 1998 Canyon July 19,2003 TABLE 2 REDEVELOPMENT PROJECT AREA GENERAL PLAN LAND USE DESIGNATIONS PROJECT AREA PRESENT LAND USE DESIGNATIONS Merged F.)develo ment Plan No. 1 Central Business District CBD(Central Business District),RC(Resort Commerciaq,PR Parks and Recreation). Ramon-Bogie IND (Business/Industrial),W(Watercourse). Oasis H 43/30 (High Density Residential—43 units/acre (Apt. 30 South Palm Canyon CBD (Central Business District),), RC (Resort Commercial), M15(Medium density residential—15 units/acre),GC(General Commercial), H 43/21 (High Density Residential — 43 units/acre (Apt.21 North Palm Canyon H 43/21 (High Density Residential—43 units/acre(Apt.21)),P (Professional),), RC Resort Commercial Highland-Gateway GC (General Commercial), L6 (Low Density Residential —6 unitslacre),CDL 6(Density Controlled),MI5(Medium Density Residential - 15 units/acre), L4 (Low Density Residential -4 units/acre). Project No.9 H 4321 (High Density Residential —43 units/acre (Apt. 21)), GC(General Commercial),M15(Medium Density Residential —15 units/acre , L6 Low Density Residential—6 units/acre). Merged Redevelopment Plan No. 2 Baristo-Farrell L (Library), S (Specialized Park), H (High School), CSC (Commercial Shopping Center),L2(Law Density Residential- ( units/acre), M15 (Medium Density Residential - 15 units/acre), PR (Parks and Recreation), NCC (Neighborhood Convenience Center), H 43/30 (High Density Residential-43 units/acre (Apt. 30)), RC (Resort Commercial), M8 (Medium Density Residential - 8 units/acre), M30 (High Density Residential-30 units/acre), W(Watercourse). Canyon Specific Plan-PR (Parks and Recreation), L2 (Low Density Residential-2 units/acre),H30 (High Density Residential-30 units/acre),M15(Medium Density Residential-15 units/acre), F Fire Station), C Conservation—1 unMO acres). Present Land Use(s): The existing land uses within each project area are listed below in Table 3. -12- Existing Zoning(s): The existing zoning designations of the property within each project area is shown below in Table 4. Proposed Zoning(s): The proposed redevelopment plan amendment does not propose to change any existing zoning designations of property in the project areas. TABLE 3 REDEVELOPMENT PROJECT AREA EXISTING LAND USES PROJECT AREA EXISTING LAND USES Merged Redevelopment Plan No. 1 Central Business District Office, institutional, recreational, residential, vacant land, commercial Ramon-Bogie Industrial commercial, office vacant land, residential Oasis Residential, commercial,vacant land South Palm Canyon Commercial, residential,vacant land,industrial,office North Palm Canyon Commercial office, residential vacant land Highland-Gateway Residential commercial, industrial,vacant land,institutional Project No. 9 Residential, commercial, vacant land, recreational, office, institutional,industrial Merged Redevelopment Plan No. 2 Baristo-Farrell Commercial,schools,recreation,residential,and vacant land Canyon Commercial, residential,vacant land TABLE 4 REDEVELOPMENT PROJECT AREA EXISTING ZONING DESIGNATIONS PROJECT AREA EXISTING ZONING DESIGNATIONS Merged Redevelopment Plan No. 1 Central Business District R-1-B (Single Family Residential), R-2(Limited Multiple), R-3 (Multi/Family and Hotel), C-1 (Central Retail Business), P.D. Planned Development) Ramon-Bogie M-1-P (Planned Research and Development Zone), M-1 (Service/Manufacturing), W (Watercourse), W (Prefix), I.L. Indian Land Oasis R-3 Multi/Famil and Hotel South Palm Canyon R-2 (Limited Multiple), R-3 (Multi/Family and Hotel), C-1 (Central Retail Business), C-2 (General Commercial), I.L. Indian Land), P.D. Planned Development). North Palm Canyon R-1-B (Single Family Residential-15,000 sq. ft. lot), R-2 (Limited Multiple), R-3 (Multi/Family and Hotel), C-1 (Central Retail Business), P.D. Planned Development). Highland-Gateway R-1-C (Single Family Residential-10,000 sq. ft. lot), R-1-D (Single Family Residential-7,500 sq. ft. lot), R-2 (Limited Multiple), C-1 (Central Retail Business), P.D. (Planned Development),O(Open Space),M-1 (Service/Manufactudng), C-M Commercial Manufacturing). Project No. 9 R-1-A-H (Single Family Residential 20,000 sq. ft. lot), R-1-C (Single Family Residential-10,000 sq. ft. lot), G-R-5 (Guest Ranch),R-2(Limited Multiple),R-3(Multi/Family and Hoteo,R- G-A 6 Cluster Residential),C-1 Central Retail Business),C- -13- 2(General Commercial),C-M(Commercial Manufacturing),P. D. (Planned Development), N ((Prefix) Noise Impact Combining Zone), M-1 (Service/Manufacturing), W (Watercourse),W((Prefix)Watercourse plus future zone when hazard is eliminated),I.L.(Indian Land),O(Open Space),' S O ed"5"ace�- , P Professional Merged Redevelopment Plan No.2 Baristo-Farrell R-1-A-H (Single Family Residential 20,000 sq. ft. lot), R-2 (Limited Multiple), R-4 (Hotel and Multiple Zone), R-4 VP (Vehicle Parking, Large Scale Hotel and Multiple Family and Limited Commercial Retail), R-G-A(8) (Garden Apartments Multiple Zone),C-I-A-A(Large Scale Retail Commercial),CS- C (Community Shopping Center), C-1 (Central Retail Business),P.D.(Planned Development),I.L.(Indian Land),O (Open Space), P Professional Canyon Specific Plan, U-R (Urban Reserve), W-R-I-B (Watercourse zone and Single Family Residential — 15,000 sq. ft. lot), I.L. (Indian Land), W (Watercourse) R I-A (Single Family Residential 20,000 .ft. lot ; )-2q, O en''`Sae I. Is the proposed action a "project" as defined by CEQA? (See ■ Yes ❑No section 2.6 of State CEQA Guidelines. If more than one project is present in the same area, cumulative impacts should be considered). -14- II. If"yes" above, does the project fall into any of the ❑ Yes ■ No Emergency Projects listed in Section 15269 of the State CEQA Guidelines? III. If"no" in II, does the project fall under any of the Ministerial Acts ❑ Yes ■ No listed in Section 15268(b) of the State CEQA Guidelines? IV. If"no" on III, does the project fall under any of the Statutory ❑ Yes ■ No Exemptions listed in Article 18 of the State CEQA Guidelines? V. If"no" on IV, does the project qualify for one of the Categorical ❑ Yes ■ No Exemptions listed in Article 19 of the State CEQA Guidelines? (Where there is reasonable probability that the activity will have a significant effect due to special circumstances, a categorical exemption does not apply). VI. Project Description: (Redevelopment Plan Amendment) —The project proposes to amend nine existing redevelopment plans in the City of Palm Springs to extend the authority to use eminent domain. The authority to use eminent domain has expired in all project areas,except Canyon, as shown below in Table 5. The proposed redevelopment plan amendment would, if approved, extend the authority to use eminent domain to acquire property for an additional twelve years from the da.a the Amendment is adopted. The Amendment would not change any of the other existing terms, conditions, time limits, debt limits, list of public projects,etc.as part of this amendment. The proposed redevelopment plan amendment would require the following discretionary approvals: TABLE 5 CURRENT AND PROPOSED DATE FOR EMIMENT DOMAIN TO EXPIRE PROJECT AREA CURRENT EXPIRATION PROPOSED EXPIRATION DATE DATE Merged Redevelopment Plan No. 1 Central Business District July 11, 1985 September 18,2014 Ramon-Bogie November 30, 1995 September 18,2014 Oasis July 10, 1996 September 18,2014 South Palm Canyon November 30, 1995 September 18,2014 North Palm Canyon September 19, 1996 September 18,2014 Highland-Gateway November 20, 1996 September 18,2014 Project No. 9 December 29,2000 September 18,2014 Merged Redevelopment Plan No.2 Badsto-FarreFF May 7, 1998 September 18,2014 Can on July 19,2003 September 18,2014 VII. Is the proposed project consistent with: (If answered "Yes" or"Not Applicable", no explanation is required) City of Palm Springs General Plan ■ Yes ❑No ❑ N/A Applicable Specific Plan ❑ Yes ❑ No ■ N/A City of Palm Springs Zoning Ordinance ■ Yes ❑ No ❑ N/A -15- South Coast Air Quality Management Plan ■ Yes ❑ No ❑ N/A Airport Part 150 Noise Study ❑ Yes ❑ No ■ N/A Draft Section 14 Master Development Plan ❑ Yes ❑ No ■ N/A VIII. Are there any of the following studies required? 1. Soils Report (prior to permit issuance) ❑ Yes ■ No 2. Slope Study ❑ Yes ■ No 3. Geotechnical Report ❑ Yes ■ No 4. Traffic Study ❑ Yes ■ No 5. Air Quality Study ❑ Yes ■ No 6. Hydrology ❑ Yes ■ No 7. Sewer Study ❑ Yes ■ No 8. Biological Study ❑ Yes ■ No 9. Noise Study ❑ Yes ■ No 10. Hazardous Materials Study ❑ Yes ■ No 11. Housing Analysis ❑ Yes ■ No 12. Archaeological Report ❑ Yes ■ No 13. Groundwater Analysis ❑ Yes ■ No 14. Water Quality Report ❑ Yes ■ No 15. Other ❑ Yes ■ No -16- Polendally Potentially Significant Less Than Rem Significant Unless Mitigation Significant No Impact Incorporated Impact Impact 1. LAND USE PLANNING Would the proposal: a) Conflict with general plan designation or zoning? ❑ ❑ ❑ ■ b) Conflictwith applicable environmental plans ❑ ❑ ❑ ■ or policies adopted by agencies with jurisdiction over the project? c) Be incompatible with existing land use in ❑ ❑ ❑ ■ the vicinity? d) Affect agricultural resources or operations ❑ ❑ ❑ ■ (e.g.impacts to soils or farmlands,or impacts from incompatible land uses)? e) Disrupt or divide the physical arrangement of ❑ ❑ ❑ ■ an established community(including low-income or minority community)? 1.a-e NO IMPACT. The Amendment to extend the authority to use eminent domain for the two merged redevelopment plans to acquire non-residential property would not change the existing zoning or general plan land use designations of any property,residential or non-residential,within any of the project areas. The Amendment proposes to extend the authority to use eminent domain to acquire non-residential property only for an additional twelve years from the date the proposed Amendment is adopted. The Amendment does not propose to change any existing land use designations of property in the project areas as presently designated by the Palm Springs General Plan. The Amendment also does not propose to change any existing zoning designations of any property in the project areas. The existing zoning designations would not be changed with the adoption of the Amendment. Therefore, the Amendment would not have any impact or conflicts with the general plan or zoning ordinance. The Amendment does not directly propose any development as part of or in conjunction with the adoption of the Amendment. Thus, the Amendment would not result in any conflicts with regards to applicable environmental plans or policies of property in the project areas, result in any incompatible land uses that do not presently exist,affect agricultural resources or operations or disrupt or divide the physical arrangement of an established community. The adoption and implementation of the Amendment could indirectly encourage development in the project areas throughout the life of the Plan. New construction or redevelopment could conflict with the existing general plan or zoning designations of property,conflict with applicable environmental plans or policies, affect agricultural resources or disrupt an established community. The City or Agency, as appropriate, would require all future development proposals to provide subsequent environmental documentation as required by the California Environmental Quality Act(CEQA)priorto the approval of any projects. The preparation of subsequent CEQA documentation would be applicable to both public and private projects. Since there are no projects proposed as part of the Amendment it is speculative to determine the impacts,if any that future projects would have on land use,zoning,agricultural resources and established communities. Therefore, subsequent environmental analysis would have to be completed in the future once project specific information is available. Polentially Potentially Significant Less Than Rem Significant Unless MAgalian Significant No -17- Impact In "rated Impact Impact 2. POPULATION AND HOUSING Would the proposal: a) Cumulatively exceed official regional or local ❑ ❑ ❑ ■ population projections? b) Induce substantial growth in an area either ❑ ❑ ❑ ■ directly or indirectly(e.g.through projects in an undeveloped area or extension or major infrastructure)? c) Displace existing housing, especially ❑ ❑ ❑ ■ affordable housing? 2.a-c NO IMPACT. The Amendmentwould not change or impact any official regional or local population or housing projections as presently estimated for the City of Palm Springs by the Coachella Valley Association of Governments (CVAG). The Amendment would not change any existing land use or zoning designations,therefore the Amendment would not change or affect Tutu re population or housing projections for the City that could result from a change in land use or zoning designations. The Amendment would not make any changes to the existing redevelopment plans that would directly result in an increase or decrease of housing or population numbers. The Amendment would not directly displace any existing housing units,particularly affordable housing units. The City of Palm Springs had a population of 42,807 people with 30,823 housing units in 2000.1 The adoption and implementation of the Amendment does not propose any land uses that would impact or change the City's population or future estimated housing needs. The use of eminent domain to acquire non-residential property within the project areas could indirectly result in an increase in employees in the City. An increase in employees could also indirectly increase the demand for additional housing in Palm Springs,if the existing housing inventory in the City can not meet the demand at the time. Thus,the acquisition and development of non-residential property could indirectly increase the demand for the construction of additional residences, increasing the City's population. Depending upon the size of future non-residential projects the project, or the cumulative impacts of multiple projects,could cause the City of Palm Springs to exceed official regional population and housing projections and induce substantial growth in the City. The extension of the authority to use eminent domain would not allow the Agency to acquire and demolish existing residential homes for new development. The Amendment, if adopted, would only extend the authority for the Agency to acquire non-residential land uses. Therefore,the use of eminent domain by the Agency would not impact or eliminate any existing housing in the project areas,including affordable housing. The Amendment would not directly impact or displace any housing, including affordable housing. The City or Agency, as appropriate, would require the preparation of subsequent environmental documentation in the future as required by CEQA to evaluate the impacts by projects to housing and population projections in the City. Subsequent documentation in compliance wi0i CEQA would evaluate whether or not new non-residential development would impact existing or future population and housing estimates for the City and require the incorporation of measures accordingly to reduce potential impacts. At this time,the Amendment would not directly have any population or housing impacts to the City of Palm Springs since there are no projects proposed as part of the Amendment. Therefore, it is speculative to determine the impacts, if any of future projects on population and housing. Thus, subsequent environmental analysis would have to be completed in the future once project specific information is available. I Census 2000. -18- Potentially Polenbally si➢niflcmt Less Than Item Significant Unless Mmgahon significant No Impact Incorporated Impact Impact 3. GEOLOGIC PROBLEMS Would the proposal result in or expose people to potential impacts involving: a) Fault rupture? ❑ ❑ ❑ ■ b) Seismic ground shaking? ❑ ❑ ❑ ■ c) Seismic ground failure,including liquefaction? ❑ ❑ ❑ ■ d) Seiche,tsunami, or volcanic hazard? ❑ ❑ ❑ ■ e) Landslides or mudflows? ❑ ❑ ❑ ■ f) Erosion, changes in typography or unstable soil ❑ ❑ ❑ ■ conditions from excavation,grading and fill? g) Subsidence of the land? ❑ ❑ ❑ ■ h) -xpansive soils? ❑ ❑ ❑ ■ i) Unique geologic or physical features? ❑ ❑ ❑ ■ j) Is a major land form, ridgeline,canyon,etc. ❑ ❑ ❑ ■ involved? 3.a-j NO IMPACT. The Palm Springs planning area has numerous fault traces that are a part of the larger San Andreas Fault Zone. Most of the major topographic features within the planning area are a result of fault trace action. The primary concern in land use planning for the study area is determining what influences the numerous fault traces will have on future building structures. Earthquake ground motion will not necessarily be any greater at the fault tract than in any other portion of the planning area; therefore the major concern is not the distance from a trace but, that a structure not be constructed astride a known active fault trace. There is Alquist-Priolo Special Study Zones designated by the State of California located within the City of Palm Springs and within several of the redevelopment project areas. City protocols require future developmentto submit a precise grading plan and soils report for review and approval bythe City priorto issuance of development permits. A soil report would address subsidence of land and any possibility of expansive soils on the property,as well as measures that must be incorporated into the grading to be in compliance with the soils report. Since the City of Palm Springs is located within an active seismic area, the City also mandates that the construction of all structures be designed to comply with the Uniform Building Code (UBC) and to withstand the potential ground shaking associated with such an event. Extending the time limit for the Agency to use eminent domain to acquire non-residential property for an additional twelve years would not increase the exposure of people or buildings to any geologic hazard beyond those already anticipated by the City's General Plan and zoning code. Extending the authorityto use eminent domain for an additional twelve years would have no impact one way or the other to residents, employees or buildings in the project areas to geologic hazards due to the existing geologic conditions in the City and the region. The adoption of the Amendment would not change one way orthe other any geological impacts to city residents or property that do not presently exist. -19- The adoption and implementation of the Amendment could indirectly encourage development in the project areas throughout the life of the Plan that could result in potential geologic impacts. New construction or redevelopment projects could,if developed in close probmityto existing faults,impactthe project if proper measures are not incorporated. The City or Agency, as appropriate,would require all future development proposals to provide subsequent environmental documentation as required by the CEQA to evaluate potential geologic impacts prior to the approval of any projects. The preparation of subsequent geologic information as required by CEQA would identify potential geologic impacts. If geologic impacts are identified the City would require the incorporation of measures into the project to mitigate potential impacts as much as feasible. The proposed Amendment would not have any direct geologic impacts. Since there are no projects proposed as part of the Amendment it is speculative to determine the impacts,if any that future projects would have on the existing geology. Thus,subsequent environmental analysis would have to be completed in the future once project specific information is available. Potentially Potentially Significant Less Than Itmn Significant Unless MKIp6on Signifiont No Impact Irmorpomw Impact Impact 4. WATER Would the proposal result in: a) Changes in absorption rates,drainage ❑ ❑ ❑ ■ patterns,or rate and amount of surface runoff? b) Exposure of people or property to water ❑ ❑ ❑ ■ related hazards such as flooding? c) Discharge into surface waters or other ❑ ❑ ❑ ■ alteration of surface water quality(e.g. temperature,dissolved oxygen or turbidity)? d) Changes in the amount of surface water in any ❑ ❑ ❑ ■ water body? e) Changes in currents, or the course or direction ❑ ❑ ❑ ■ of water movements? f) Change in the quantity of ground waters,either ❑ ❑ ❑ ■ through direct additions or withdrawals, or through interception of an aquifer by cuts or excavations, or through substantial loss of groundwater recharge capacity? g) Altered direction or rate of flow of groundwater? ❑ ❑ ❑ ■ h) Impacts to groundwater quality? ❑ ❑ ❑ ■ i) Substantial reduction in the amount of ❑ ❑ ❑ ■ groundwater otherwise available for public water supplies? j) Are there any on-site or proposed wells? ❑ ❑ ❑ ■ 4.a j NO IMPACT. The adoption of the Amendment would not directly propose developmentthat could cause a change in the quantity or quality of surface water or groundwater in any of the project areas.The Amendment extends the authority of the Agency to use eminent domain to acquire non-residential -20- property for an additional twelve years and would not directly result in any development that could have impacts to surface or groundwater quality or quantity. However,the adoption and implementation of the Amendment could indirectly encourage development in the project areas throughout the life of the Plan. New construction or redevelopment could, depending upon the project,change existing drainage patterns,increase surface water runoff quantity and quality, increase water consumption, etc. The City or Agency, as appropriate, would require all future development proposals to provide subsequent environmental documentation as required by CEQA prior to project approval and evaluate potential surface water and groundwater impacts. If the City determines a project could have potential impacts to surface water, or groundwater quality or quantity,subsequent environmental documentation in the form of special studieswould be required prior to project approval. The preparation of subsequent CEQA documentation would be applicable to both public and private projects. If potential surface water or groundwater quality or quantity impacts are identified the City would require the incorporation of measures accordingly to reduce potential impacts. Because there is no development proposed in conjunction with the Amendment,the Amendmentwould not directly have any impacts to surface water quantity or quality or groundwater quantity or quality. Since there are no private or public projects proposed as part of the Amendment, it is speculative to determine the impact, if any,that future projects would have on surface water runoff quantity,surface water runoff quality,and groundwater. Subsequent environmental analysis would have to be completed in the future once project specific information is available. Potenfl—y Potentially Significant Less Than Mem Significant Unless Mitigation Signif rit No Impact Incorporated Impad Impact 5. AIR QUALITY Would the proposal: a) Violate any air quality standard or contribute ❑ ❑ ❑ ■ to an existing or projected air quality violation? b) Expose sensitive receptors to pollutants? ❑ ❑ ❑ ■ c) Alter air movement, moisture,or temperature, ❑ ❑ ❑ ■ or cause any change in climate? d) Create objectionable odors? ❑ ❑ ❑ ■ 5.a-d. NO IMPACT. The Amendment does not include any development that could be constructed upon its adoption. The Amendment only extends the authority to use eminent domain to acquire non- residential property in the project areas for twelve years from the date the Amendment is adopted. Therefore, there are no aspects of the Amendment that would directly impact air quality due to the pollutant emissions, creation of objectionable odors, change in air movements, or the exposure of sensitive receptors to pollutants. The adoption and implementation of the Amendment could indirectly encourage development in the project areas throughout the life of the Plan. New construction or redevelopment could have air emissions that result in air emission impacts. Depending upon the project,there could be both short and long-term air emission impacts. Some of the potential air emission impacts could include,but not limited to,dust during the demolition of existing structures and grading,construction workers commuting to and from the construction site,exhaust emissions from the operation of construction equipment,the delivery of materials and equipment to the construction site,etc. In addition,long-term air emissions due to the operation of water heaters,furnaces,exhaust emissions from workers and customers driving to and from the site would generate emissions that could impact the local air quality. The City or Agency, as appropriate, would require all future development proposals, both public and private, to provide -21- subsequent environmental documentation in compliance with CEQA prior to the approval of any project to address potential air quality impacts. If subsequent City required studies identify potential air emission impacts, measures would be incorporated to reduce air quality impacts. Since the Amendment does not include any public or private development projects in conjunction with the Amendment, the project would not have any air quality impacts. Since there are no projects proposed as part of the Amendment it is speculative to determine the impacts,if any that future projects would have on short and long-term air quality. Subsequent environmental analysis would have to be completed in the future once project specific information is available. PotenUly Potentially Significant Less Than "M Significant Unless Mitigation Significant No Impact Incownih d Impact Impact 6. TRANSPORTATION/CIRCULATION Would the proposal result in: a) Estimated Average Daily Trips generated by ❑ ❑ ❑ ■ the project? (Average weekday trip ends per 100,000 gross leaseable area-Rate 74.31; Volume:7,431). b) Increased vehicle trips or traffic congestion? ❑ ❑ ❑ ■ c) Hazards to safety from design features(e.g., ❑ ❑ ❑ ■ sharp curves or dangerous intersections) or incompatible uses(e.g.,farm equipment)? d) Inadequate emergency accesses or access to ❑ ❑ ❑ ■ nearby uses? e) Insufficient parking capacity onsite or offsite? ❑ ❑ ❑ ■ f) Hazards or barriers for pedestrian or bicyclist? ❑ ❑ ❑ ■ g) Conflicts with adopted policies supporting ❑ ❑ ❑ ■ alternative transportation (e.g., bus turnouts, bicycle racks)? h) Rail,waterborne or air traffic impacts? ❑ ❑ ❑ ■ 6.a-h NO IMPACT. The Amendmentdoes not include any development that could be constructed upon its adoption. The adoption of the Amendment extends the authority to use eminent domain to acquire non-residential property in the project areas for an additional twelve years from the date the Amendment is adopted. The Amendment, if adopted, would not result in the approval of any public or private development projects. Thus, the Amendment would not directly generate traffic, affect emergency access, create hazards or barriers for pedestrians or bicyclist, or result in any conflicts with adopted policies supporting alternative transportation. Indirectly the adoption of the Amendment would allow the Agency to use eminent domain to acquire non- residential property within the project areas. The acquisition of non-residential property could result in new development or the redevelopment of existing buildings. Future development could require the preparation of subsequent environmental analysis as required by CEQAto evaluate potential traffic and circulation impacts. If subsequent traffic studies identify potential traffic impacts,the City would require the incorporation of measures into the project to reduce potential traffic impacts. There is no development proposed in conjunction with the Amendment. Therefore,there would not be any direct traffic impacts with the adoption of the Amendment. Since there are no public or private -22- projects proposed as part of the Amendment it is speculative to determine the impacts,if any,that future projects would have on traffic and circulation. Subsequent environmental analysis as required by CEQA would have to be completed once specific project information is available. Potentially Potentially Significant Less Than Item Significant Unless Mitigation Significant No Impact Incorporated Impact Impact 7. BIOLOGICAL RESOURCES Would the project result in impacts to., a) Endangered,threatened, or rare species ❑ ❑ ❑ ■ or their habitats (including,but not limited to plants,fish,insects, animals, and birds)? b) Locally designated species? ❑ ❑ ❑ . ■ c) Locally designated natural communities ❑ ❑ ❑ ■ (e.g., oak forests,coastal habitat, etc.)? d) Wetland habitat(e.g., marsh, riparian, ❑ ❑ ❑ ■ and vernal pools)? e) Wildlife dispersal or migration corridors? ❑ ❑ ❑ ■ f) Is consultation with the California Fish and ❑Yes ■ No Game or the Department of Fish and Wildlife Service,as a trustee agency required? 7.a4 NOIMPACT. The Amendment does not include any development that could be constructed upon its adoption. The adoption of the Amendment only extends the authority to use eminent domain to acquire non-residential property in the project areas for an additional twelve years from the date the Amendment is adopted. The adoption of the Amendment would not directly result in the approval of any public or private development projects. Thus,the Amendment would not directly have any biological impacts or affect biological resources that exist in the project areas. Indirectly,the adoption and implementation of the Amendment could encourage the Agencyto acquire non-residential property within the project areas for new construction or redevelopment. Depending upon the property and whether or not there are any existing biological resources associated with the property,the Amendment indirectly could result in biological impacts. At the time specific projects are proposed for development, the City or Agency, as appropriate, would require the preparation of biological surveys in compliance with CEQA to determine whether or not there would be any biological impacts. The City would make a determination whether or not the project would have biological impacts and require measures accordingly to reduce impacts. Since the Amendment does not include any public or private development projects,the Amendment would not directly have any biological resource impacts. It is speculative at this time to determine the impacts, if any that future projects would have an biological resources. Subsequent environmental analysis would have to be completed in the future at the time specific project information is available. Potentially Potentally Significant Less Than Item Significant Unless MingaYoo Significant No -23- Impact Incorporated Impact Impact 8. ENERGY AND MINERAL RESOURCES Would the proposal create: a) Conflict with adopted energy conservation plans? ❑ ❑ ❑ ■ b) Use non-renewable resources in a wasteful ❑ ❑ ❑ ■ and inefficient manner? c) Result in the loss of availability of a known ❑ ❑ ❑ ■ mineral resource that would be of future value to the region and the residents of the state? 8.a-c NO IMPACT. The Amendment does not include any development as part of the project. The Amendment does not include the construction of any public or private projects. The Amendment only proposes to extend the authority to use eminent domain to acquire non-residential property for an additional twelve years from the date the Amendment is adopted and would not directly result in any energy and/or mineral resource impacts. Thus,the Amendmentwould not directly have any impacts to energy or mineral resources in the project areas or the City of Palm Springs. Indirectly the Amendment could encourage development in the project areas if the Agency acquires non- residential property through the use of eminent domain. The development of non-residential property could result in energy and/or mineral resource impacts,depending upon the project. The City of Palm Springs General Plan states "The Coachella Valley is formed from a deep fault- controlled extension which has filled in with eroded materials from the surrounding hills and mountainsto a depth in excess of 12,000 feet. As a consequence the mineral resources of the desert floor are limited to sand and gravel,important deposits of which occur within the City's planning area,particularly within the San Gorgonio and Whitewater River drainages."2 The City adopted an Energy Element in 1983. However,State and Federal mandates have generally preempted much of the city's energy requirements,particularlyin building design requirements. "Energy, especially inexpensive energy,was a big factor in the growth of Palm Springs and the Coachella Valley, especially in the development of a year-round economy." In orderto protect its existing mineral resources and conserve energy,the Citywould require subsequent documentation for potential energy and mineral impacts as required by CEQA atthe time development proposals are submitted to the City for approval. The documentation would identify potential mineral resource and energy impacts associated with the project. If the City determines a project could have energy or mineral resource impacts it would require measures to mitigate impacts accordingly. Because there is no private or public development projects proposed in conjunction with the Amendment,the Amendment would not directly have any impacts to either mineral resources or energy. Therefore,it is speculative to determine the impacts,if any that future projects would have on mineral resources and energy. Potentially potentially Significant Less Than Rem Significant Unless Mitigation Significant No 2 City of Palm Springs General Plan,page II-24. 3 Ibid,page II-58. -24- Impact Incorporated Impact Impact 9. HAZARDS Would the proposal: a) Be a risk or accidental explosion or release ❑ ❑ ❑ ■ substances(including, but not limited to: oil, pesticides, chemicals, or radiation)? b) Create possible interference with an emergency ❑ ❑ ❑ ■ response plan or emergency evacuation plan? c) Create any health hazard or potential ❑ ❑ ❑ ■ health hazard? d) Create exposure of people to existing ❑ ❑ ❑ ■ sources of potential health hazards? e) Increase the risk of fire hazard in areas ❑ ❑ ❑ ■ with flammable brush,grass, or trees? 9.a-e NO IMPACT. The Amendment extends the authority to use eminent domain to acquire non- residential property in the project areas for an additional twelve years from the date the Amendment is adopted. The Amendment would not result in the approval of any public or private development projects because no projects are proposed as part of the Amendment.Thus,the Amendment would not directly create any health hazards,expose people to existing health hazards,or increase the risk of fire hazards. The Amendment could indirectly result in development activity in the project areas by providing the Agency an additional twelve years to acquire non-residential property. If the Agency uses eminent domain to acquire property,new development could occur. If new development occurs there could be hazardous impacts associated with the development. Depending upon the existing or former uses on the property proposed for development,there could be hazardous materials present that could impact anew project. The City would require the preparation of subsequent studies in compliance with CEQA and other local,county,state and federal laws to determine if hazardous materials are present. If hazardous materials are deemed to be present, measures would be required to be implemented to protect the development from hazardous impacts. However, since development is not proposed as part of the Amendment, no hazardous impacts would occur directly with the adoption of the Amendment. Because there is no development proposed in conjunction with the Amendment,the Amendmentwould not directly have any impacts to hazardous materials. It is speculative to determine the impacts,if any that future projects would have to existing hazardous materials that may be present on a site or the impacts of hazardous materials to future uses. Subsequent environmental analysis as required by CEQA would have to be completed once specific project information is available. Potentially Potentially Sign cant Less Than Item Significant Unless Mitigation Signdmant No Impact Incorporated Impact Impact 10. NOISE Would the proposal result in: a) Increases in existing noise levels? ❑ ❑ ❑ ■ b) Exposure of people to severe noise levels? ❑ ❑ ❑ ■ c) Will the project be compatible with the noise ❑Yes ❑ No ■ N/A -25- compatibility planning criteria according to Table 6F of the Palm Springs Municipal Code F.A.R. Part 150 Noise Compatibility Study? 10.a-c NO IMPACT. The Amendment does not include any development or other activities that could generate noise. The Amendment proposes to extend the authority for the Agency to use eminent domain to acquire non-residential property in the project area for an additional twelve years. There is no development activity included as part of the Amendment. Therefore the adoption of the Amendment would not result in the approval of any public or private development projects. The predominate sources of noise in Palm Springs are mobile noise, including motor vehicles and aircraft. Three freeways and a number of thoroughfares expose the City to significant noise levels, particularly in those areas directly adjacent to these noise sources. There are few stationary noise sources including industrial uses. Commercial noise sources include mechanical equipment and automobile repair shops. Stationary noise sources associated with residential areas are primarily due to air conditioners and pool/spa equipment 4 The City of Palm Springs has a noise ordinance that identifies the allowable interior and exterior noise levels. The ordinance lists the interior and exterior noise levels that are allowed based on the type of land use. All development has to meet and comply with the city noise ordinance. Indirectly the adoption and implementation of the Amendment could indirectly result in development if the Agency acquires non-residential property by eminent domain. New development or redevelopment of existing buildings could increase noise levels, expose employees to significant noise levels,or both, The City or Agency,as appropriate,would require all development proposals,both public and private,to prepare a noise analysis as required by CEQAto evaluate potential project noise impacts. If the City or Agency,as appropriate,determines a project could have noise impacts measures would be incorporated into the project to reduce noise impacts. Because there is no development proposed in conjunction with the Amendment,the Amendinentwould not directly have any noise impacts. Therefore, it is speculative to determine the impacts, if any that future projects would have on noise. Potenbally Potentially Signficant Less Than Mem Significant Unless Mitigation Significant No Impact Incotponted Impact Impact 11. PUBLIC SERVICES Would the proposal have an effect upon or result in a need for new or altered government services in any of the following areas? a) Fire protection? ❑ ❑ ❑ ■ b) Police protection? ❑ ❑ ❑ ■ c) Schools? ❑ ❑ ❑ ■ d) Maintenance of public facilities,including roads? ❑ ❑ ❑ ■ e) Other governmental services? ❑ ❑ ❑ ■ 11.a-e NO IMPACT. The City of Palm Springs provides several public services to its residents and businesses. The City of Palm Springs Police Department provides police protection services, which include emergency response, criminal investigation,traffic enforcement,and preventative patrol. The Police Department is a mutual aid agency and in the event of a major incident, which exceeds City resources, additional law enforcement personnel may be obtained from other jurisdictions, During 4 City of Palm Springs General Plan,page III-56. 5 Noise Ordinance -26- recent years Palm Springs has contracted with the Riverside County Sheriffs Department and the California Highway Patrol for supplemental personnel. The Palm Springs Fire Department provides fire protection services to the community. The Fire Department has entered into automatic aid and cooperative agreements with the California Department of Forestry,Riverside County Fire Department, Bureau of Land Management,Bureau of Indian Affairs, United States Forest Service,and Cathedral City Fire Department. The City of Palm Springs is the first responder to a fire emergency and other agencies which have automatic aid or mutual aid agreements are called to provide additional resources as needed. The Palm Springs Fire Department has fire stations located strategically throughout the community to provide fire protection services as needed. Maximum acceptable fire response time is five minutes.All structures constructed beyond the five-minute response area are required to have automatic fire sprinklers and other built-in fire protection equipment as deemed appropriate by the Fire Department. The Palm Springs Unified School District and the Banning Unified School District serve the City. The majority of the city is served by the Palm Springs Unified School District. The project areas within the proposed Amendment are served by both school districts. The College of the Desert Community College and California State University,San Bernardino servethe City. The College of the Desert is located in Palm Desert. The California State University satellite facility is located at the College of the Desert. Other governmental services include the Palm Springs Public Library,which is linked with the Riverside County and the State for the free interchange of books. The Amendment does not include any development or other activities that could create a demand for public services. The Amendment proposes to extend the authority for the Agency to use eminent domain to acquire non-residential property in the project area for an additional twelve years from the date the Amendment is adopted. There is no development activity,either public or private, proposed as part of the Amendment. Thus the Amendment would not directly have any impacts to public services. Indirectly the adoption and implementation of the Amendment could result in development if the Agency acquires non-residential property by eminent domain for development purposes. New construction or redevelopment could, depending upon the project,increase the demand for public services including police and fire protection,indirectly generate students to area schools,and increase the use of the public library. The City or Agency,as appropriate,would require the preparation of subsequent documentation as required by CEQA to determine whether or not future development projects would impact public services. If the City or Agency, as appropriate, determines a project would have impacts to public services measures would be incorporated into the project accordingly to reduce the impacts. The measures could include the payment of fees,which could be used to construct new facilities or purchase additional equipment. Because the proposed Amendment does not include any development proposals,no impacts to public services would occur with the adoption of the Amendment. It is speculative to determine the impacts,if any that future projects would have on public services and subsequent environmental analysis would have to be completed in the future to address potential public service impacts. PoWhally Pot ngally SignHi"nt Less Than -27- Item Significant Unless Mibgafion Significant No Impact Incowmo Impact Impact 12. UTILITIES AND SERVICE SYSTEMS Would the proposal result in a need for new systems, supplies,or substantial alterations to the following utilities: a) Power or natural gas? ❑ ❑ ❑ ■ b) Communications systems? ❑ ❑ ❑ ■ c) Local or regional water treatment or ❑ ❑ ❑ ■ distribution facilities? d) Sewer or septic tanks? ❑ ❑ ❑ ■ e) Storm water drainage? ❑ ❑ ❑ ■ 0 Solid waste disposal? ❑ ❑ ❑ ■ g) Local or regional water supplies? ❑ ❑ ❑ ■ 12.a-g NO IMPACT.The City of Palm Springs contracts with a private company for solid waste collection. Solid waste generated within the city is disposed at the Edom Hill landfill. The City has a recycling program that recycles glass, aluminum and plastic materials. South California Edison (SCE) provides electricity to the City of Palm Springs. SCE has major transmission lines as well as a distribution system in the area that serve the community. The Southern California Gas Company provides natural gas to the city as well as other cities in the area. The Gas Company has both a transmission system and local distribution system in the area that serves the community. The General Telephone and Electric Company(GTE)provides telephone serviceto Palm Springs.GTE has existing facilities throughout the area to serve the city. New facilities are constructed or existing facilities are extended as necessary to serve new development. Warner Cable of Palm Springs provides cable service to the community. Warner Cable has cable throughout most of the community to serve its customers. The Palm Springs Wastewater Treatment and Reclamation Plant provides wastewater treatment for the wastewater generated in the city. The treatment plant has a current design flow of 10.9 million gallons per day and provides primary mechanical and secondary biological treatment of the sewer.Secondary treated wastewater is sent to the Desert Water Authority (DWA) tertiary treatment plant for further processing and subsequent distribution for irrigation of parks and golf courses. Secondary treated wastewater that is not delivered to DWA for tertiary treatment is recharged to the local groundwater basin through the City's percolation ponds. Water service and storm drain facilities have been addressed above in Section 4.0. The Amendment proposes to extend the authority for the Agency to use eminent domain to acquire non- residential property in the project area for an additional twelve years from the date the Amendment is adopted. There is no development activity proposed as part of the Amendment that would require utilities or service systems. Therefore,the Amendment would not result in the approval of any public or private development projects. Thus,the Amendment would not directly increase the need for utilities or service systems. The adoption and implementation of the Amendment could indirectly encourage development of non- residential property in the project areas. New or redevelopment could, depending upon the project, impact existing public utilities and service systems. The impact could include the expansion of existing facilities to provide more capacity or the extension of existing facilities. The City or Agency, as appropriate,would require all future development proposals to provide environmental documentation in -28- compliance with CEQA prior to project approval to determine whether or not a project would impact public utilities or service systems. The environmental information could include studies to determine whether or not a project would impact utilities and service systems and if so,the measures that could be incorporated to reduce the impacts. If potential utility or service system impacts are anticipated the City or Agency would require the incorporation of measures into the project to reduce the impacts. Since there are no projects proposed as part of the Amendment it is speculative to determine the impacts,if any that future projects would have on public utilities and service systems. Potentially PotenOalnt Significant sin Less Than Item Significant t Unless Mitigation Significant No pa Impact Incorporated Impact Impact 13. AESTHETICS Would the proposal: a) Affect a scenic vista or scenic highway? ❑ ❑ ❑ ■ b) Have a demonstrated negative aesthetic effect? ❑ ❑ ❑ ■ c) Create light or glare? ❑ ❑ ❑ ■ 13.a-c NO IMPACT.The Amendment does not include any development or other activities that would have aesthetic impacts. The Amendment proposes to extend the authority for the Agency to use eminent domain to acquire property in the project area for an additional twelve years and there is no development proposed as part of the Amendment. The adoption of the Amendment only extends the authority to use eminent domain to acquire non-residential property in the project areas for an additional twelve years from the date the amendment is adopted. The adoption of the Amendment would not result in the approval of any public or private development projects. Thus,the Amendment would not directly have any aesthetic impacts. Indirectly the adoption and implementation of the Amendment could result in developmentif the Agency acquires property with eminent domain for development purposes. In this case,the Agency would have to comply with CEQA and possibly require the preparation of subsequent environmental analysis to address whether or not the project would have aesthetic impacts. If it is determined that a project would have aesthetic impacts the City would require the incorporation of measures accordingly to reduce aesthetic impacts to acceptable levels. However,it is speculative at this time to determine whether or not future projects would have aesthetic impacts since specific project information is not available at this time. Potentially Potentially Sigmfcam: Less Than Mere Significant Unless Mitigation Significant No Impact Incorporated Impact Impact 14. CULTURAL RESOURCES Would the proposal: a) Disturb paleontological resources? ❑ ❑ ❑ ■ b) Disturb archeological resources? ❑ ❑ ❑ ■ c) Affect historic resources? ❑ ❑ ❑ ■ d) Have the potential to cause a physical change ❑ ❑ ❑ ■ which would affect unique ethnic cultural values? e) Restrict existing religious or sacred uses ❑ ❑ ❑ ■ within the potential impact areas? _29- 14.a-e NO IMPACT.The Amendment does not include development or any activities that would result in cultural resource impacts. The Amendment proposes to extend the authority for the Agency to use eminent domain to acquire property in the project area for an additional twelve years and there is no development activity proposed as part of the Amendment. The Amendment does not include any development that could be constructed upon its adoption. The Amendment would not result in the approval of any public or private development projects. Thus,the Amendmentwould not directly impact cultural resources. Indirectly the adoption and implementation of the Amendment could result in development if the Agency acquires property for development purposes using eminent domain. If development projects are proposed in the future the Agency would have to complywith CEQA and possibly require the preparation of subsequent environmental analysis to determine whether or not the project would have cultural resource impacts. If a subsequent analysis identifies potential impacts to cultural resources,including historical, archaeological, or paleontological resources the City would require the incorporation of measures to reduce the impacts to acceptable levels. Because there is no development proposed in conjunction with the Amendment,the Amendmentwould not directly have any impacts to cultural or historical resources. It is speculative at this time to determine the impacts, if any that future projects would have on cultural resources that may exist in the project areas since specific development plans have not been submitted as part of the Amendment. Potentially Potentially Significant Less Than Item Significant Unless Mitigation Significant No Impact Incomoraw Impact Impact 15. RECREATION Would the proposal: a) Increase the demand for neighborhood or ❑ ❑ ❑ ■ regional parks or other recreational facilities? b) Affect existing recreational opportunities? ❑ ❑ ❑ ■ 15.a-b NO IMPACT.The Amendment does not include development or any other activities that would impact recreational facilities. The Amendment proposes to extend the authority for the Agency to use eminent domain to acquire property in the project area for an additional twelve years and no development activity is included in the Amendment. The adoption of the Amendment would not result in the approval of any public or private development projects that could directly impact recreational resources. Indirectly the adoption and implementation of the Amendment could result in development if the Agency acquires property with eminent domain for development purposes. In this case,the Agencywould have to comply with CEQA and require the preparation of subsequent environmental analysis as required to determine whether or not a project would have impacts to existing or planned recreational facilities. If subsequent studies identify potential impacts to existing or planned recreational facilities,the Citywould require the incorporation of measures into the project to reduce the impacts. Because there is no development proposed in conjunction with the Amendment,the Amendmentwould not directly have any impacts to recreational facilities. It is speculative at this time to determine the impacts, if any that future projects would have on recreational resources since specific development plans are not proposed as part of the Amendment. potentially Potentially Significant Lew Than Hem Significant Unless MNgation Slgmficant No -30- Impact Incorporated Impact Impact 16. PUBLIC CONTROVERSY a) Is the proposed project or action environmentally ❑ ❑ ❑ ■ controversial in nature or can it reasonably be expected to become controversial upon disclosure to the public? 16.a NO IMPACT. The Amendment does not include any activity that directly could be considered to be environmentally controversial. The Amendment proposes to extend the authority for the Agency to use eminent domain to acquire non-residential property in the project area for an additional twelve years. There is no development activity proposed or included with the Amendment. Therefore, there is no action that could result in physical activity to the environment that could be controversial. Indirectly the adoption and implementation of the Amendment could result in developmentif the Agency acquires property with eminent domain for development purposes. Development activity could have actions that could be environmentally controversial. All future development proposals within the project areas would have to comply with CEQA, which could require the preparation of special studies to determine whether or not a project would have impacts that could be expected to be controversial. If a project is determined to be environmentally controversial the City or Agency would require the incorporation of measures to reduce impacts to acceptable levels. Because development is not proposed along with the Amendment there would not be any environmental public controversy. It is speculative at this time to determine whether or not future projects would have environmentally controversial consequences since there are no development plans proposed in conjunction with the Amendment. Patenhal Potentially Significant Less Than Item SiNo Impct Unlesspmat don SiImpct pa Impact Inwrponted Impact Impact 17. MANDATORY FINDINGS OF SIGNIFICANCE a) Does the project have the potential to degrade ❑ ❑ ❑ ■ the quality of the environment,substantially reduce the habitat of fish or wildlife species,cause a fish or wildlife population to drop below self-sustaining levels,threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal, or eliminate important examples of the history or prehistory? b) Does the project have the potential to achieve ❑ ❑ ❑ ■ short-term,to the disadvantage of long-term, environmental goals? c) Does the project have impacts that are individually ❑ ❑ ❑ ■ limited, but cumulatively considered CCumulatively considerable"means that the incremental effects of a project are considerable when viewed in connection with the efforts of past projects,the effects of other current projects, and effects of probable future projects)? d) Does the project have environmental effects which ❑ ❑ ❑ ■ cause substantial adverse effects on human beings? -31- 17.a NO IMPACT. The Amendment does not directly include any development or other activities that would have the potential to degrade the quality of the environment with regards to fish and wildlife, or important examples of the history or prehistory of the City. The Amendment proposes to extend the authority for the Agency to use eminent domain to acquire property in the project area for an additional twelve years and there is no development activity included or proposed as part of the Amendment. Thus,the Amendment would not directly have any potential to degrade fish or wildlife species or habitat, or important examples of the history or prehistory of the City. Indirectly the adoption and implementation of the Amendment could result in development ifthe Agency acquires property with eminent domain for development purposes. The Agency would have to comply with CEQA and require the preparation of subsequent biological analysis,when necessary,to determine whether or not a project would have impacts to biological species or habitat. If biological studies identify potential impacts to biological species or habitat,the City would require the incorporation of measures to reduce the impacts to acceptable levels. Because there is no development proposed in conjunction with the Amendment,the Amendment would not directly have any impacts to fish or wildlife species or habitat. It is speculative at this time to determine if future projects would have potential impacts to fish and wildlife species or habitat. 17.b NO IMPACT. The Amendment does not include any activities that would achieve short-term to the disadvantage of long-term environmental goals. The short-term goal of the Agency is to extend the authority for the Agency to use eminent domain to acquire property in the project areas for an additional twelve years. This short-term goal, if approved, would allow the Agency to acquire non-residential property,including blighted property,for redevelopment towards meeting the Agency's long-term goals of reducing and eliminating blight in the project areas. The agility of the Agencyto use eminent domain as a tool to reduce blight and improve the project area would have positive long-term impacts. The adoption and implementation of the Amendment could indirectly encourage development in the project areas throughout the life of the Plan. Because all development must be in compliance with the Palm Springs General Plan,it is not anticipated that future development consistentwith the General Plan would have any long-term environmental impacts. 17.c NO IMPACT. The Amendment does not include any activities that could be considered to have individually limited, but cumulatively considerable impacts. The Amendment proposes to extend the authority for the Agency to use eminent domain to acquire property in the project area for twelve years from the date the Amendment is adopted. There is no activity that directly could be considered to have individual, but cumulative impacts. Indirectly the adoption and implementation of the Amendment could result in development in the project areas,if the Agency acquires property for development purposes. The acquisition of parcels could,over time, result in cumulative impacts. However,it is speculative at this time to determine the cumulative impact of future development without project specific development plans. The Agency would evaluate the cumulative impacts of acquiring and developing future properties in compliance with CEQA and discuss cumulative impacts when appropriate. 17.d NO IMPACT. The Amendment does not include development or any activities that could have substantial adverse effects on human beings. The Amendment proposes to extend the authority for the Agency to use eminent domain to acquire property in the project area for an additional twelve years and there is no development activity included as part of the Amendment. Thus,the Amendment would not directly have any potential to impact human beings. Indirectly the adoption and implementation of the Amendment could result in development if the Agency acquires non-residential property for development purposes. The development of property could result in environmental effects to human beings, depending upon the project. At the time development proposals are submitted to the City for approval,the City would have to comply with CEQA and require -32- the preparation of subsequent studies to determine whether or not the project would have environmental effects to human beings. If subsequent studies identify potential impacts to human beings, the City would require the incorporation of measures into the projectto reduce the impacts to acceptable levels. It is speculative to determine the impacts,if anythat future projects would have on human beings since no projects are proposed at this time. 18. LISTED BELOW THE PERSON OR PERSONS WHO PREPARED OR PARTICIPATED IN THE PREPARATION OF THE INITIAL STUDY Phil Martin, Phil Martin &Associates 19. DETERMINATION On the basis of this initial evaluation: ■ I find the proposed project COULD NOT have a significant effect on the environment,and a NEGATIVE DECLARATION will be prepared. ❑ 1 find that although the proposed project could have a significant effect on the environment,there will not be a significant effect in this case because of the mitigation measures described in the Mitigated Negative Declaration. ❑ I find the proposed project MAY have a significant effect on the environment,and an ENVIRONMENTAL IMPACT RFPGRT is required. ❑ 1 find that the proposed project is consistent with the Program EIR on: DATE: July 19,2002 JOHN RAYMOND Community Redevelopment Agency of the City of Palm Springs -33- RESOLUTION NO. OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, INITIATING THE FIRST AMENDMENT TO THE MERGED REDEVELOPMENT PLAN FOR MERGED REDEVELOPMENT PROJECT AREA NO. 1 AND SETTING THE DATE AND TIME FOR A JOINT PUBLIC HEARING -------------------------------------------------- WHEREAS, the City Council of the City of Palm Springs, California ("City Council") and the Community Redevelopment Agency of the City of Palm Springs ("CRA") desire to amend the Merged Redevelopment Plan for Merged Redevelopment Project Area No. 1 ('Plan"), and has prepared the first amendment to the Plan ("Amendment'); and WHEREAS, the Amendment proposes to reestablish the time limit on commencing eminent domain on nonresidential property within the Merged Redevelopment Project Area No. 1 (comprised of the Central Business District, North Palm Canyon, South Palm Canyon, Oasis, Ramon-Bogie, Highland-Gateway, and Project No. 9 Constituent Redevelopment Project Areas); and WHEREAS, pursuant to Sections 33458 and 33355 of the California Community Redevelopment Law, Health and Safety Code Section 33000 et seq., a joint public hearing on the Amendment may be held with the consent of the City Council and CRA. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Palm Springs as follows: SECTION 1. The above recitals are true and correct and incorporated herein. SECTION 2. The City Council hereby initiates the process for the First Amendment to the Merged Redevelopment Plan for Merged Redevelopment Project Area No. 1 for the purpose of reestablishing eminent domain authority for nonresidential property and direct staff to take all necessary and appropriate actions to process the amendment. SECTION 3. Authorizes and consents to holding a joint public hearing with the Community Redevelopment Agency of the City of Palm Springs on September 4, 2002, at 7 p.m. in the Council Chamber, for the purpose of considering the proposed First Amendment. ADOPTED this day of 2002. AYES: NOES: ABSENT: ATTEST: CITY OF PALM SPRINGS, CALIFORNIA By City Clerk City Manager REVIEWED &APPROVED _ RESOLUTION NO. OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, INITIATING THE FIRST AMENDMENT TO THE MERGED REDEVELOPMENT PLAN FOR MERGED REDEVELOPMENT PROJECT AREA NO. 2 AND SETTING THE DATE AND TIME FOR A JOINT PUBLIC HEARING ------------------- WHEREAS, the City Council of the City of Palm Springs, California ("City Council") and the Community Redevelopment Agency of the City of Palm Springs ("CRA") desire to amend the Merged Redevelopment Plan for Merged Redevelopment Project Area No. 2 ('Plan"), and has prepared the first amendment to the Plan ("Amendment'); and WHEREAS, the Amendment proposes to reestablish the time limit on commencing eminent domain on nonresidential property within the Merged Redevelopment Project Area No. 2 (comprised of the Baristo-Farrell and Canyon Constituent Redevelopment Project Areas); and WHEREAS, pursuant to Sections 33458 and 33355 of the California Community Redevelopment Law, Health and Safety Code Section 33000 et seq., a joint public hearing on the Amendment may be held with the consent of the City Council and CRA. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Palm Springs as follows: SECTION 1. The above recitals are true and correct and incorporated herein. SECTION 2. The City Council hereby initiates the process for the First Amendment to the Merged Redevelopment Plan for Merged Redevelopment Project Area No. 2 for the purpose of reestablishing eminent domain authority for nonresidential property and direct staff to take all necessary and appropriate actions to process the amendment. SECTION 3. Authorizes and consents to holding a joint public hearing with the Community Redevelopment Agency of the City of Palm Springs on September 4, 2002, at 7 p.m. in the Council Chamber, for the purpose of considering the proposed First Amendment. ADOPTED this day of , 2002. AYES: NOES: ABSENT: ATTEST: CITY OF PALM SPRINGS, CALIFORNIA By City Clerk City Manager REVIEWED &APPROVED _ RESOLUTION NO. OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, INITIATING THE SECOND AMENDMENT TO THE MERGED REDEVELOPMENT PLAN FOR MERGED REDEVELOPMENT PROJECT AREA NO. 2 AND ADOPTING A PROCEDURE FOR FORMATION AND ELECTION OF A PROJECT AREA COMMITTEE ------------------- WHEREAS, the City Council of the City of Palm Springs, California ("City Council") and the Community Redevelopment Agency of the City of Palm Springs ("CRA") desire to amend the Merged Redevelopment Plan for Merged Redevelopment Project Area No. 2 ("Plan"), and has prepared the second amendment to the Plan ("Amendment"); and WHEREAS, the Amendment proposes to reestablish the time limit on commencing eminent domain property within the Tahquitz-Andreas Constituent Area of the Merged Redevelopment Project Area No. 2; and WHEREAS, Section 33385.3 of the California Community Redevelopment Law, Health and Safety Code Section 33000, et seq. ("Redevelopment Law'), requires the CRA to establish a project area committee for the Amendment; and WHEREAS, pursuant to Section 33385(b) of the Redevelopment Law, a procedure for the formation of a project area committee has been prepared; and WHEREAS, the City Council has conducted a duly noticed public hearing on the Procedure. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Palm Springs as follows: SECTION 1. The above recitals are true and correct and incorporated herein. SECTION 2. The City Council hereby initiates the process for the Second Amendment to the Merged Redevelopment Plan for Merged Redevelopment Project Area No. 2 for the purpose of reestablishing eminent domain authority in the Tahquitz-Andreas Constituent Redevelopment Project Area, and direct staff to take all necessary and appropriate actions to process the amendment. SECTION 3. Adopts the Procedure for the Formation and Election of a Project Area Committee for the Second Amendment to the Merged Redevelopment Plan for Merged Redevelopment Project Area No. 2, and calls upon all residents, business owners, and existing community organizations in the Tahquitz-Andreas Constituent Project Area to form a project area committee for the Second Amendment. ADOPTED this day of , 2002. AYES: NOES: ABSENT: ATTEST: CITY OF PALM SPRINGS, CALIFORNIA By City Clerk City Manager REVIEWED &APPROVED