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Home My WebLink About1/1/1974 - CRA RESOLUTIONS p h nR n RESOLUTION NO. 25 OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A VARIANCE FROM REQUIRED PARKING FOR LYMAN MARTIN FOR PROPOSED RESTAURANT AT 440 SOUTH PALM CANYON DRIVE, C-1 ZONE, SECTION 15. WHEREAS application has been received From Lyman Martin to allow a Variance from parking requirements for a commercial restaurant building proposed at 440 South Palm Canyon Drive; and WHEREAS the Downtown Development Advisory Commission has recommended approval of this Variance, subject to certain conditions; and WHEREAS the Planning Commission has held a public hearing and has granted this Variance, subject to certain conditions and based on findings as outlined below; and WHEREAS Section 510.10 of the Palm Springs Central Business District Redevelop- ment Plan requires community Redevelopment Agency approval of zoning variances granted within the Pedevelopment Project area; and WHEREAS the, Community Redevelopment Agency is in agreement with the granting of this Variance as provided herein, NOW THEREFORE BE IT RESOLVED that the Community Redevelopment Agency does hereby approve a Variance from a requirement to provide parking spaces in accordance with Ordinance standards for a proposed restaurant use at 440 South Palm Canyon Drive, based on the following findings: 1 . The subject property presently has 148 parking spaces which are not being used during evening hours , and the restaurant use would be an asset to the downtown area. 2. This type of dual use of parking has been allowed in other instances-where various demands are not in conflict, and properties under similar circumstances would be given the same consideration. 3. The granting of this Variance would not be detrimental to the public health, safety, convenience, or welfare of surrounding properties , nor would it adversely affect the General Plan of the City. BE IT FURTHER RESOLVED that the fallowing conditions as recommended by the Downtown Development Advisory Commission and Planning Commission shall apply: 1 . That during the luncheon hours the seating be restricted to a maximum of 188 seats , For which the applicant presently has adequate parking. 2. That the applicant agree to join any future parking assessment district to the extent of participation for which this Variance is being granted. CRA 1-b Resolution No. 25 Page 2 3. That the parking area be improved along the lines of the improvements that were made to the south portion of the parking lot in conjunction with the Salts remodeling in 1969; and that these improvements , along with exterior elevations, colors and materials, lighting, landscaping, and sign plans be approved by the Planning Commission , ADOPTED this 13th day of _ February , 1974. AYES: Messrs. Beirich, Foster, Schlecht & Chairman Wiefels NOES: None ABSENT: Mr. Garcia COMMU ITY 'REDEVELOPM'=NT AGE CY By ATTEST: IT�ALM 'SPRINGS , CALIF RNIA Secretary airman REVIEWED & APPROVED CRA 1-b 0 i 9 RESOLUTION N0. 26 OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING AGREE- MENT WITH McDONOUGH, HOLLAND, SCHWARTZ, AND ALLEN FOR CONTINUING LEGAL CONSULTING SERVICES IN THE DOWNTOWN REDEVELOPMENT AREA, ------------- WHEREAS the City Council has designated themselves as a Community Redevelop- ment Agency and taken the necessary action in accordance with State Law to initiate, a Redevelopment Program for the downtown area; and WHEREAS the Community Redevelopment Agency is in need of continual legal consultation to implement the downtown Redevelopment Plan; and WHEREAS .the Community Redevelopment Agency has reviewed an agreement with McDonough, Holland, Schwartz, and Allen to provide for consulting services. NOW THEREFORE BE IT RESOLVED that the Community Redevelopment Agency of the City of Palm Springs does hereby approve an agreement with McDonough, Holland, Schwartz, and Allen, dated February 13, 1974, relative to consulting services as referred to hereinabove. 13E IT FURTHER RESOLVED that the Community Redevelopment Agency of the City of Palm Springs hereby authorize use of said consultant referred to hereinabove. ADOPTED this 13th day of February 1974 AYES: Messrs. Beirich, Foster, Schlecht & Chairman Wiefels NOES : None APSENp: Mr. Garcia ATTEST: COMMUNITY REDEVELOPMENT AGENCY CITY OF PALM SPRINGS, CAA/L�IFORNIA Secretary Chairman APPROVED AS TO FORM: CONTENTS APPROVED: City Attorney Director of ommunity Development Date 2-7- 7x Dat,. 7 7 CRA 2-b 021 RESOLUTION NO. 27 OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING RE- LOCATION REGULATIONS AND PROCEDURES IN THE DOWNTOWN REDEVELOPMENT AREA, -------------------- I WHEREAS the City Council has designated themselves as a Community Redevelop- ment Agency and taken the necessary action in accordance with State Law to initiate a Redevelopment Program for the downtown area; and WHEREAS the Community Redevelopment. Agency is required to adopt regulations and procedures for uniform relocation in the downtown Redevelopment area, and WHEREAS the Community Redevelopment Agency has reviewed the relocation guide- lines prepared by the State of California, NOW 'THEREFORE BE IT RESOLVED that the Community Redevelopment_ Agency of the City of Palm Springs does hereby adopt verbatim, the guidelines dated October 17, 1973 to implement the California Relocation Assistance Act. BE IT FURTI�R RESOLVED that the Community Redevelopment Agency of the City of Palm Springs hereby directs staff to implement said guidelines. ADOPTED this 27th day of February , 1974 AYES: Messrs. Beirich, Foster, Schlecht, Garcia & Chairman Wiefels NOES: None ABSENT: None ' ATTEST:ST: COMMUNITY REDEVELOPMENT AGENCY CITY 0 ALM SPRINGS, CALIFORNIA By Secretary Chairman APPROVED AS TO FORM: CONTENTS APPROVED: City Attorney Director f ommunity Development Date Date 1 GRA lb RESOLUTION NO. 28 ADOPTED BY THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS AMENDING PROCEDURES FOR PREPARATION, PROCESSING AND REVIEW OF ENVIRONMENTAL I11PACT REPORTS AND SUPERSEDING RESOLUTION NO. WHEREAS, the Secretary of the Resources Agency of the State of California has adopted Amended Guidelines for Implementation of the California Environmental Quality Act of 1970, dated Decembqr 17, 1973; and WHEREAS, public agencies may amend their local pro- cedures to bring them into conformity with the Amended State Guidelines; and WHEREAS, only minor modifications are required in this Agency' s procedures; now, therefore, BE IT RESOLVED, by the COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, that the following pro- cedures are hereby established for the preparation, processing and review of environmental impact reports. SECTION 1. PURPOSE. The purpose of the procedures and guidelines con- tained herein is to implement the requirements of the Cali- fornia Community Redevelopment Law, the California Environ- mental Quality Act of 1970 , as amended, ("CEQA" ) , and the Guidelines for Implementation of the California Environmental Quality Act of 1970 adopted by the Secretary of. Resources of the State of California and contained in Division 6 of Title 14 of the California Administrative Code (the "Regulations" ) , particularly with respect to redevelopment agencies. The application of the CEQA and the Regulations with respect to redevelopment agencies provides that all public and private activities or undertakings pursuant to or in furtherance of a Redevelopment Plan for a redevelopment project constitute a single project and only one Environmental Impact Report need be prepared and adopted in connection with the adoption of a Redevelopment Plan for redevelopment pro- jects adopted after the date of these procedures. With re- spect to existing redevelopment projects, an Environmental -1= CRA lb Res, No. 28 Page 2 Impact Report may be required or separate environmental evalu- ations may be made for the private or public activities or undertakings in accordance with these procedures. As used herein, "Agency" means zhe Community Redevel- opment Agency of the City of Palm Springs; "City" means the City of Palm Springs; and " legislative body" means the City Council of the City of Palm Springs. SECTION 2 . ENVIRONMENTAL IMPACT REPORT. (a) Lead Agency and Responsible Agency. For purposes of CEQA and the Regulations, the Agency is the "lead agency" and the "responsible agency" with respect to redevelopment projects. (b) When EIR Required. The Agency shall prepare or cause to be prepared an Environmental Impact Report (EIR) in connection with the following activities: (1) Adoption by the legislative body of the City of a Redevelopment Plan for a parti- cular redevelopment project pursuant ro the California Community Redevelopment Law. (2) Adoption by the: legislative body of the City of an amendment to a Redevelopment Plan for a particular redevelopment project pursuant to the provisions of the California Community Redevelopment '.Law where the Agency or the legislative body of the City determines that substantial changes are proposed in the pro- ject which may result in environmental impacts not present at the time the Redevelopment Plan was adopted. (3) In connection with an existing redevelopment project if the Agency or legislative body of the City determines an EIR for the project would be necessary under CEQA and the Regu- lations or of 'use to the Agency or legislative body in considering and acting upon the project. r -2_ CRA 11r Res. No. 28 025 Page -3 SECTION 3. DRAFT ENVIRMENTAL IMPACT REPORT. (a) Preparation 1 When an EIR is required, the Agency shall first prepare or cause to be prepared a draft EIR in accordance with the "City" process. The draft EIR shall contain the information required by the Regulations, in sufficient detail as determined by the Agency L-o permit adequate evaluation and review of the environmental impact of the proposed project. (b) Notice of Completion. Upon completion of a draft EIR, the Agency shall cause to be filed with the Secretary of Resources a Notice of Completion, in the form set forth in the Regulations, netting forth a brief description of the project, its proposed location, and the address where copies of the EIR are available. (c) Comments on Draft EIR. After completing the draft EIR,. the Agency shall circulate for comment copies of the draft EIR to and consult with all public agencies having jurisdiction by law. The Agency may also consult with any person who has special expertise with respect to any environmental impact involved . The Agency may hold a public hearing for the purpose of obtaining comments on the draft EIR. ' SECTION 4. FINAL ENVIRONMENTAL IMPACT REPORT. Following the period established by the Agency for receipt of comments on the draft EIR, the Agency shall prepare or cause to be prepared a final EIR. The final EIR shall consist of all the elements contained in the draft EIR, a section containing the comments received through the consultation process, an evaluation of comments received, and the response of the Agency to the significant environmental points raised in the review and consultation process. The response of the Agency to comments may take the form of a revision of the EIR or an attachment to the EIR. SECTION 5. CERTIFICATION OF ENVIRONMENTAL IMPACT REPORT. (a) Certification by Agency. The Agency shall certify the final EIR prior to its adoption and approval of the Redevelopment Plan or amendments to the Redevelopment Plan; provided, however, that when the 3. CRA lb 02GRes. No. 28 Page 4 Agency and the legislative body of the City shall hold a joint public hearing as provided in Sections 33355-33359 or Scction 33458 of the Health and Safety Code, then , in such event, the Agency may certify the final FIR following the joint public hearing and before final action by the legislative body adopt- ing the Redevelopment Plan or amendments to the Redevelopment Plan. The certification of the final FIR. shall state that the final EIR has been completed in compliance with CEgA and the State Guidelines and that the decision-making body or ad- ministrative official having final approval authority over the project has reviewed and considered the information contained in the EIR. (b) Submission to Legislative Bow. An FIR prepared in connection with a Redevelopment Plan shall be submitted to the legislative body as part of the report required by Section 33352 of the Health and Safety Code, prior to the adoption of the Redevelopment Plan by the legislative body. An FIR prepared in connection with amendments to a Redevelopment Plan shall be submitted to the 'legislative body prior to the adoption of the amendments to the Redevelopment Plan by the legislative body. (c) Hearing. ' Prior to its certification of the final FIR, the Agency shall consider the final F.IR at a public hearing . The public hearing may be held at the same time and in conjunc- tion with the public hearing on the Redevelopment Plan or amendments to the Redevelopment Plan, or at any other time. (d) Notice. Public hearing notice shall be given in the same form and time as notice for any other regularly conducted public hearings before the Agency, provided that in every case notice of review of an EIP, shall be published in the local newspaper not less than ten (10) days prior to the public hearing on the FIR. Notice of the public hearing of review of an FIR may be combined with notice of the public: hearing on the Redevelopment Plan or amendments to the Redevelopment. Plan. SECTION, 6 . 170TICE OF DETERMINATION. Where an EIR has been prepared, the Agency shall I -4- CRA lb Res. No. 28 - Page 5 file or cause to be filed, a brief statement , called a "Notice of Determination" , with the County Clerk following final action. The statement shall include (1) a statement of the decision to approve or disapprove the project, (2) the determination as to whether the project will or will not have a significant effect on the environment, and (3) a statement that the FIR was prepared pursuant to the pro- visions of the California Fnvironmental Quality Pct of 1970 . With respect to the adoption of a Redevelopment Plan or an amendment to a Redevelopment Plan requiring an FIR, the Notice of Determination shall he filed after final action by the legislative body which shall be the adoption of an ordinance adopting the Redevelopment Plan or, amendment to the Redevelopment Plan. The Agencv may include with the record of the project approval a statement of overriding considerations , as permitted by the Regulations , and may attach such a statement to the Notice of Determination. SECTION 7 . ENVIRONMENTAL 2F,TER,1INATIONS ; NEGATIVE DECLARATIONS . With respect to an existing redevelopment project for which no FIR has previously been approved., the Agency, or its Executive Director , shall , as to matters coming before the Agency for approval, review public and private activities pro- posed pursuant to said existing redevelopment project and make a determination that: (1) the proposed activity is not a "pro- ject" for purposes of CEQA and the Regulations; or (2) the pro- posed activity is a project for purposes of CEQA and the Regulations but qualifies for a Categorical Exemption, or is otherwise exempt under CEQA and the Regulations; or (3) the proposed activity is a project for purposes of CEQA and the Regulations and may have a significant effect on the environ- , ment, in which case the Agency shall proceed to prepare and process an FIR; or (4) the proposed activity is a project for purposes of CEQA and the Regulations but will have no signifi- cant effect on the environment, in which case the Agency shall proceed to prepare and file, not less than ten days prior to its approval of the project, a Negative Declaration in form and content as required by CEQA and the Regulations and shall , following approval or disapproval of the project, prepare and file a Notice of Determination as required by CEQA and the Regulations. SECTION 8 . APPLICATION OF CEQA AND REGULATIONS . This Resolution is intended to govern only the pro- cedures pursuant to which the Agency will prepare , process and review an EIR and make related environmental determina- tions. CEQA and the Regulations will govern such substantive ' matters as (1) the definition of a "significant effect" on the environment, (2) the contents of an EIR, (3) the nature -5- CRA lb es. No. 28 O p age 6 and function of an EIR, and (4) the application of CEQA and the Regulations to particular redevelopment projects. Where a procedure is not specified herein, the: procedure to be followed by the Agency shall be consistent with CEQA and the Regulations . SECTION 9 . RESOLUTION NO. 3 SUPERSr'DED. This Resolution supersedes Resolution No. 8 adopted by the Agency on April 11 , 197 3 . DULY AND REGULARLY ADOPTED by the Community Redevelopment Agency of the City of Palm Springs this 13th day of March 1974. AYES : Messrs. Beirich, Field, Garcia, Schlecht & Chairman Foster NOES: None ABSENT: None APPROVED: C airman ATTEST: Secreta y �v` L 1 G I -6- CRA lb RESOLUTION NO. 29 OF THE COMMUNITY REDEVELOPMENT AGENCY OF _ THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING AGREE- MENT WITH URBAN PROJECTS, INC. FOR FISCAL CONSULTING SERVICES IN THE DOWNTOWN REDEVELOPMENT AREA.. ------------------------------ ' WHEREAS the City Council has designated themselves as a Community Redevelop- ment Agency and taken the necessary action in accordance with State Law to initiate a Redevelopment Program for the downtown area; and WHEREAS the Community Redevelopment Agency is in need of continual fiscal consultation to implement the downtown Redevelopment Plan; and WHEREAS the Community Redevelopment Agency has reviewed an,"agreement with Urban Projects, Inc. NOW THEREFORE BE IT RESOLVED that the Community Redevelopment Agency of the City of Palm Springs does hereby approve an agreement with Urban Projects, Inc. , dated March 27, 1974, relative to consulting services as referred to hereinabove. BE IT FURTHER RESOLVED that the Community Redevelopment Agency of the City of Palm Springs hereby authorize use of said consultant referred to herein- above. ADOPTED this 27th day of March 197 4 AYES Messrs. Beirich, Field, Garcia, Schlecht & Chairman Foster NOES None ' ABSENT None ATTEST COMMUNI _REDE LfJPF[ENT AGENCY ITY OF PiS RING$, CALIFORNIA BYrti Secretary Chairman 61/ REVIEWED & APPROVED CRA 1 RESOLUTION NO. 30 OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE BY-LAWS OF THE AGENCY TO PROVIDE FOR TWO MEETINGS OF THE AGENCY EACH MONTH INSTEAD OF THE SINGLE MEETINGS ' NOW AUTHORIZED BY ARTICLE IV, SECTION 31 OF THE BY-LAWS ---------------------------------- WHEREAS the By-Laws of the Community Redevelopment Agency were adopted by Resolution CRA #001, on the 25th of September, 1972; and WHEREAS Article III of said By-Laws states that the By-Laws "May be amended by the unanimous vote of all of the members of the Agency, at any regular meeting, without previous notice, or upon a vote of the majority of all the duly appointed and qualified members of the Agency at any regular or special meeting when at least seven days written notice thereof has been previously given to all of the members of the Agency"; and WHEREAS it is advisable to convene the Agency for Agency business purposes twice each month instead of the single meeting on the second Wednesday of each month as presently provided for under Article III, "Meetings", Section 31, "Regular Meeting" in the Agency By-Laws. NOW THEREFORE BE IT RESOLVED that Article III, Section 31 of the Community Redevelopment Agency By-Laws be amended to add the words, ' "and fourth", plus related language as underlined below, so that Section 31 shall thereby read as follows: "Regular meetings of the Agency shall be held at the Main Office of the Agency on the second and fourth Wednesday of the month at the hour of 7:30 p.m. except that when either of said meetings fall on a Holiday, that meeting shall be held the following day at the same time and place." ADOPTED this 27th day of March , 1974 AYES: Messrs. Beirich, Field, Garcia, Schlecht d: Chairman Foster NOES: None ABSENT: None COMMU ITY 7RVELOYMENT AGENCY By � _ cretary Chairman REVIEWED & APPROVED ??LC 1 CRA 2 RESOLUTION NO. 31 OF THE COMMUNITY REDEVELOPMENT AGENCY APPROVING AGREEMENT NO. 008 WITH O'MELVENY AND MYERS TO PROVIDE BOND COUNSEL SERVICES ---------------- WHEREAS it is necessary that the Agency employ the services of a Bond Consultant to conduct a study of all procedures related to the creation of the Agency and those leading to the adoption of the Redevelopment Plan for the purpose of validating the legal status of the Agency; and WHEREAS it is necessary that Bond Counsel be employed to furnish various legal services in relation to the procedures required in connection with the issuance of short-term increment notes and/or bonds; and WHEREAS there are adequate unencumbered funds in the 1973-4 Agency budget to employ said Bond Counsel to provide the certification services immediately required, at a cost not to exceed $600.00; and WHEREAS the firm of O'Melveny and Myers enjoys an outstanding reputation re: the adequacy of the services it can provide and that the Agency presently requires, NOW THEREFORE BE IT RESOLVED that Agreement # 008 with the firm of O'Melveny and Myers dated 6-26-74 relative to Bond Consultation services as referred to hereinabove be approved by the Agency. ADOPTED this 26th day of June, 1974. AYES: Messrs. Beirich, Field, Garcia, Schlecht & Chairman Foster NOES: None ABSENT: None ATTEST: COMMUNITY REDEVELOPMENT AGENCY CITY OF PALM SPRINGS, CALIFORNIA BY �� X>� Secretary Chairman REVIEWED & APPROVED /` �6 RESOLUTION NO. 032 OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE BY-LAWS OF THE AGENCY TO PROVIDE FOR MEETINGS OF TILE AGENCY TO CONFORM TO THE CHANGE OF MEETING TIME I OF THE CITY COUNCIL WHEREAS the By-Laws of the Community Redevelopment Agency were adopted by Resolution CRA #001, on the 25th of Septem- ber, 1972 , and amended by Resolution CPA #030 on March 27 , 1974 ; and WHEREAS Article III of said By-Laws states that the By-Laws "May be amended by the unanimous vote of all of the :,embers of the Agency, at any regular meeting, without previous notice, or upon a vote of the majority of all the duly appointed and qualified members of the Agency at any regular or special meeting when at least seven days written notice thereof has been previously given to all of the members of the Agency"; and WHEREAS it is advisable to convene the Agency for Agency business purposes immediately prior to City Council meetings instead of the second and fourth Wednesdays of each month as presently provided for under Article III, "Meetings , " Section 31, "Regular Meeting" in the Agency By-Laws as amended. NOW THEREFORE BE IT RESOLVED that Article III, Section 31 of the Community Redevelopment Agency By-Laws be amended to read: "Regular meetings of the Agency shall be held at the Palm Springs City Hall on the first and third Wednesdays of the month at the hour of 7: 30 p.m. except that when either of said meetings fall on a Holiday, that meeting shall be held the following day at the same time and place. Whenever there is no business to be transacted the meeting shall be automatically cancelled. Minutes of a previous meeting, upon completion of their preparation by the secretary, shall be presented to the Agency for review and approval at its next regular meeting held to tra.,sact other items of business. " ADOPTED this loth day of July 1974. AYES: Messrs. Beirich, Field, Garcia, Schlecht & Chairman Foster NOES: \one ABSENT: 1t1one COMMUNITY REDEVELOPMEN9' AGENCY Secretary Chairman. REVIEWED & APPROVED C3�. I1 G' RESOLUTION NO. 33 OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING SUPPLEMENTAL AGREEMENT NO. 1 WITH URBAN PROJECTS, INC. FOR FISCAL CONSULTING SERVICES IN THE DOWNTOWN REDEVELOPMENT AREA. WHEREAS the City Council has designated themselves as a Community Redevelopment Agency and has taken the necessary action in accordance with State Law to initiate a Redevelopment Program for the downtown area; and WHEREAS the Community Redevelopment Agency has entered into an agree- ment with Urban Projects , Inc. , to provide fiscal consultation to implement the Downtown Redevelopment Plan; and WHEREAS the Community Redevelopment Agency desires to amend said contract to increase payments for services rendered under said agreement, NOW THEREFORE BE IT RESOLVED that the Community Redevelopment Agency of the City of Palm Springs does hereby approve Supplemental Agreement No. i to Agreement No. 7 with Urban Projects, Inc. , relative to consulting services as referred to hereinabove. ADOPTED this 16th day of October , 1974. AYES: Messrs. Beirich, Field, Garcia & Chairman Foster NOES: None' ABSENT: Mr. Schlecht ATTEST: COMMUNITY REDEVELOPMENT AGENCY CITYflF P SPRINGS, CALIFORNIA BY B 7 Secret ry Chairman REVIEWED & APPROVED_/S CRA (c)