ORD 043ORDINANCE NO. 43
AN ORDINANCE OF THE CITY OF LA QUINTA
APPROVING AND ADOPTING THE REDEVELOPMENT
PLAN FOR THE LA QUINTA REDEVELOPMENT PROJECT
WHEREAS, the City Council of the City of La Quinta has
received from the La Quinta Redevelopment Agency (the "Agency")
the proposed Redevelopment Plan for the La Quinta Redevelopment Pro-
ject, a copy of which is on file at the office of the City Clerk,
78-105 Calle Estado, La Quinta, California, and at the office of
the Agency at the same address, together with the Report of the
Agency including the reasons for the selection of the Project Area,
a description of the physical, social and economic conditions
existing in the Project Area, the proposed method of financing
the redevelopment of the Project Area, a plan for the relocation of
families and persons who may be temporarily or permanently displaced
from housing facilities in the Project Area, an analysis of the
Preliminary Plan, the report and recommendations of the Planning
Commission of the City of La Quinta, a summary of meetings with
Project Area residents, community organizations and others, an
environmental impact report on the Redevelopment Plan, the report
of the County Fiscal Officer and the Agency's analysis thereof,
the Report of the fiscal review committee, a summary of consulta-
tions with affected taxing agencies, and a neighborhood impact
report; and
WHEREAS, the Planning Commission of the City of La Quinta has
submitted to the City Council its report and recommendations
concerning the Redevelopment Plan and its certification that the
Redevelopment Plan conforms to the General Plan for the City of
La Quinta; and
WHEREAS, the Agency on October 18, 1983 held a duly noticed
public hearing on the Draft Environmental Impact Report (EIR),
prepared in accordance with California Environmental Quality
Act (Public Resources Code Section 21000 et seq.), the Guidelines
for implementation of the California Environmental Quality Act
(14 Cal. Adm. Code Section 15000 et sere .) and environmental
procedures adopted by the Agency pursuant thereto; and the
Draft EIR was thereafter revised and supplemented to incorporate
comments received and responses thereto, and as so revised and
supplemented, a Final EIR was prepared by the Agency; and
WHEREAS, the Agency has certified the adequacy of the Final
Environmental Impact Report, submitted pursuant to Public Resources
Code Section 21151 and Health and Safety Code Section 33352, and
has determined that the redevelopment of the Project Area pursuant
to the Redevelopment Plan will have significant effects on the
environment based upon the impacts identified in a Statement of
Facts regarding implementation of the Redevelopment Project
as adopted by Agency resolution on November 15, 1983; and
WHEREAS, the Agency has adopted a Statement of Overriding
Considerations indicating the positive aspects in support of
implementing the Redevelopment Project as adopted by Agency re-
solution on November 15, 1983; and
WHEREAS, the Project Area includes certain unincorporated
Riverside County territory within its boundary, and pursuant to
Section 33213 of the California Community Redevelopment Law
(Health and Safety Code, Section 33000 et seq.), the Board of
Supervisors of Riverside County has, by Ordinance No. 605,
adopted August 30, 1983, approved and authorized redevelopment of
such unincorporated territory by the La Quinta Redevelopment Agency;
and
WHEREAS, in further compliance with Section 33213 of the
Community Redevelopment Law the proposed Redevelopment Plan was
submitted to the Board of Supervisors of Riverside County for
approval, and was approved by said Board by Ordinance No. 607 ,
adopted 11-29, 1983; and
WHEREAS, the City Council and the Agency held a joint public
hearing on November 22, 1983, on adoption of the Redevelopment
Plan in the City Council Chambers, 78-105 Calle Estado, La Quinta,
California; and
WHEREAS, a notice of said hearing was duly and regularly
published in the Indio Daily News, a newspaper of general
circulation in the City of La Quinta, once a week for four
successive weeks prior to the date of said hearing, and a copy
of said notices and affidavits of publication are on file with
the City Clerk and the Agency; and
WHEREAS, copies of the notice of joint public hearing were
mailed by certified mail with return receipt requested to the
last known address of each assessee as shown on the last equalized
assessment roll of the County of Riverside of each parcel of land
in the proposed Project Area; and
WHEREAS, each assessee in the Project Area was sent a
separate statement, attached to the notice of the joint public
hearing, that his property may be subject to acquisition by
purchase or condemnation subject to the limitations of the
Redevelopment Plan;
WHEREAS, copies of the notice of joint public hearning were
mailed by certified mail with return receipt requested to the
governing body of each taxing agency which receives taxes from
property in the Project Area; and
WHEREAS, the City Council has considered the report of the
Agency, the Redevelopment Plan and its economic feasibility, and
the Environmental Impact Report, has provided an opportunity
for all persons to be heard, and has received and considered all
evidence and testimony presented for or against any and all
aspects of the Redevelopment Plan.
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NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF LA QUINTA as follows:
Section 1. That the purpose and intent of the City Council
with respect to the Project Area is to accomplish the following:
a) To eliminate and prevent the spread of blight and
deterioration and to conserve, rehabilitate and redevelop the
Project Area in accord with the General Plan, specific plans,
the Redevelopment Plan and local codes and ordinances.
b) To encourage the investment of the private sector in
the development and redevelopment of the Project Area by
eliminating impediments to such development and redevelopment.
A particular objective in this regard is the provision of
necessary improvements required to protect Project Area
properties from the danger of flooding due to rainwater runoff
from surroundingmountains.
c) To encourage and provide for the orderly and
proper development of undeveloped portions of the City in
accordance with the Redevelopment Plan, the General Plan, and
local codes and ordinances.
d) To promote the physical, social and economic well being
of the Project Area, the City of La Quinta, and its citizens.
e) To promote the development of local job opportunities.
f) To provide for increased sales, business license,
hotel occupancy and other fees and taxes to the City of La Quinta.
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Section 2. The City Council hereby finds and determines that:
a) The Project Area is a blighted area, the redevelopment
of which is necessary to effectuate the public purposes declared
in the California Community Redevelopment Law (Health and Safety
Code Section 33000 et seq.).
b) The Redevelopment Plan will redevelop the Project Area
in conformity with the Community Redevelopment Law and in the interests
of the public peace, health, safety and welfare.
c) The adoption and carrying out of the Redevelopment Plan
is economically sound and feasible.
d) The Redevelopment Plan conforms to the General Plan of
the City of La Quinta.
e) The carrying out of the Redevelopment Plan will promote
the public peace, health, safety and welfare of the City of
La Quinta and will effectuate the purposes and policy of the
Community Redevelopment Law.
f) The condemnation of real property, as provided for and
subject to the limitations in the Redevelopment Plan, is
necessary to the execution of the Redevelopment Plan, and adequate
provisions have been made for the payment for propertyto be
acquired as provided by law.
g) The Agency has a feasible method and plan for the
relocation of families and persons who might be displaced,
temporarily or permanently, from housing facilities in the Project
Area.
h) There are, or are being provided, within the Project
Area or within other areas not generally less desirable with
regard to public utilities and public and commercial
facilities and at rents or prices within the financial means
of the families and persons who might be displaced from the
Project Area, decent, safe and sanitary dwellings equal in
number to the number of and available to such displaced families
and persons and reasonably accessible to their places of employment.
i) Inclusion of any lands, buildings, or improvements which
are not detrimental to the public health, safety or welfare is
necessary for the effective redevelopment of the entire area of
which they are a part, and any such area is not included for the
purpose of obtaining the allocation of tax increment revenues from
such area pursuant to Section 33670 of the Community Redevelopment
Law without other substantial justification for its inclusion.
j) The elimination of blight and the redevelopment of
the Project Area could not reasonably be expected to be accomplished
by private enterprise acting alone without the aid and assistance
of the Agency.
k) The Redevelopment Plan for the Project Area will afford
the maximum opportunity, consistent with the sound needs of the
City as a whole, for the redevelopment of such area by private
enterprise.
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1) The Redevelopment Plan contains adequate safeguards so
that the work of redevelopment will be carried out pursuant to the
Redevelopment Plan, and it provides for the retention of controls
and the establishment of restrictions and covenants running with
the land sold or leased for private use for periods of time and under
conditions specific in the Redevelopment Plan, which this City
Council deems necessaty to effectuate the purposes of the Community
Redevelopment Law.
Section 3. The City Council is satisfied that permanent
housing facilities will be available within three years from the
time occupants of the Project Area are displaced, if any, and that
pending the development of such facilities, there will be available
to any such displaced occupants temporary housing facilities at
rents comparable to those in the City of La Quinta at the time
of their displacement.; No persons or families of low and moderate
income shall be displaced from residences unless and until there
is a suitable housing !unit available and ready for occupancy by
such displaced persons or families at rents comparable to those at
the time of their displacement. Such housing units shall be
suitable to the needs of such displaced persons or families and
must be decent, safe,sanitary and otherwise standard dwellings.
The Agency shall not displace any such persons or families until
such housing units arei available and ready for occupancy.
Section 4. The City Council is convinced that the effect of
tax increment financing will not cause a severe financial burden
or detriment on any taxing agency deriving revenues from the
Project Area.
Section 5. Writtjen objections to the Redevelopment Plan
filed with the City Clerk before the hour set for hearing and all
oral objections presented to the City Council at the hearing having
been considered are hereby overruled.
Section 6. The City Council finds, determines, and certifies
that the EnvironmentaliImpact Report submitted pursuant to Public
Resources Code Section!21151 and Health and Safety Code Section
33352, having been fully considered by the Council, complies with
the requirements of the California Environmental Quality Act (Public
Resources Code Section 21000 et seq.), the Guidelines for Implemen-
tation of the California Environmental Quality Act (14 Cal. Adm.
Code Section 15000 et�and local environmental procedures
and guidelines adopted'by the Agency pursuant thereto; that the
Redevelopment Plan will have significant effects on the environment
based upon the impacts identified in a Statement of Facts balanced
with a Statement of Overriding Considerations to the Project as
adopted by City Council resolution on November 22, 1983; that the
redevelopment of the Project Area will enhance and promote a
high -quality environment; and the approval and adoption of the
Redevelopment Plan is �n the Best interest of the public health,
safety and general welfare.
Section 7. That certain document entitled "Final Environ-
mental Impact Report for the La Quinta Redevelopment Project," a
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_ copy of which is on file in the office of the Agency, and in the office of the
City Clerk, having been duly reviewed and considered, is hereby incorporated
into this Ordinance by reference and made a part hereof. All activities
undertaken by the Agency and/or the City of La Quinta pursuant to or in imp-
lementation of the Redevelopment Plan shall be undertaken in accordance with the
mitigation measures set forth in the said Final Environmental Impact Report, and
the Agency shall undertake such additional environmental review as necessary
at the time of implementation of such activities.
Section 8. That certain document entitled "Redevelopment Plan for the
La Quinta Redevelopment Project," the map contained therein, and such other
reports as are incorporated therein by reference, a copy of which is on file in
the office of the Agency, and the office of the City Clerk, having been duly
reviewed and considered, is hereby incorporated in this Ordinance by reference
and made a part hereof, and as so incorporated is hereby designated, approved,
and adopted as the official "Redevelopment Plan for the La Quinta Redevelopment
Project."
Section 9. This City Council hereby (a) pledges its cooperation in
helping to carry out the Redevelopment Plan, (b) requests the various
officials, departments, boards and agencies of the City having administrative
responsibilities in the Project Area likewise to cooperate to such end and
to exercise their respective functions and powers in a manner consistent with
the redevelopment of the Project Area, (c) stands ready to consider and take
appropriate action upon proposals and measures designed to effectuate the
Redevelopment Plan, and (d) declares its intention to undertake and complete
any proceeding necessary to be carried out by the City under the provisions of
the Redevelopment Plan.
Section 10. The City Clerk is hereby directed to send a certified copy
of this Ordinance to the Agency whereupon the Agency is vested with the
responsibility for ca-rying out the Redevelopment Plan.
Section 11. The City Clerk is hereby directed to record with the
County Recorder of Riverside County a description of the land within the
Project area and a statement that proceedings for the redevelopment of the
Project Area have been instituted under the Community Redevelopment Law.
Section 12. The Building Department of the City of La Quinta is
hereby directed for a period of two (2) years after the effective date of
this Ordinance to advise all applicants for building permits within the
Project Area that the site for which a building permit is sought for the
construction of buildings or for other improvements is within a redevelopment
project area.
Section 13. The City Clerk is hereby directed to transmit a copy of
the description and statement recorded by the City Clerk pursuant to Section 11
of this Ordinance, a copy of this Ordinance, and a map or plat indicating the
boundaries of the Project Area, to the Auditor -Controller and Assessor of the
County of Riverside, to the governing body of each of the taxiing agencies which
receives taxes from property in the Project Area, and to the State Board of
Equalization.
Section 14. PUBLICATION - The City Clerk is hereby ordered and directed
to certify to the passage of this Ordinance and to cause the same to be published
once in Indio Daily News, a daily newspaper of general circulation, published
and circulated in the City of La Quinta.
Section 15. SEVERABILITY - If any part of this Ordinance or the
Redevelopment Plan which it approves is held to be invalid for any reason, such
decision shall not affect the validity of the remaining portion of this Ordinance
or the Redevelopment Plan which at approves is held to be invalid for any
reason, such decision shall not affect the validity of the remaining portion
of this Ordinance or of the Redevelopment Plan, and this Council hereby declares
that it would have passed the remainder of the Ordinance or approved the
remainder of the Redevelopment Plan if such invalid portion thereof had been
deleted.
PASShD AND ADOPTED this 29th day of November , 1983, by
the following voter
AYES:Councilmembers Allen, Cox, and Mayor Baier
NOES: None
ABSENT: Councilmembers Henderson and Wolff
ATTEST:
ity Clerk
f ' s
""q
May r
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KatzHollis
REDEVELOPMENT PLAN
FOR THE
LA QUINTA REDEVELOPMENT PROJECT
Adopted: 11/29/83
Ordinance No: 43
LA QUINTA REDEVELOPMENT AGENCY
LA QUINTA, CALIFORNIA
091983
MMAAR8
KatzHollis
TABLE OF CONTENTS
PAGE
I. [§100]
INTRODUCTION . . . . . . . . . . . . . .
1
II. [§200]
PROJECT AREA BOUNDARY AND LEGAL
DESCRIPTION . . . . . . . . . . . . . .
3
III. [§300]
PROPOSED REDEVELOPMENT ACTIVITIES. . . .
4
A.
[§301] General . . . . . . . . . . . . . . .
4
B.
[§302] Owner Participation and Business
Re -Entry Preferences
4
_
1. [§303] Opportunities for Owner
Participation. . . . . . . . . .
4
2. [§304] Preferences for Persons Engaged
in Business in the Project Area.
5
3. [§305] Participation Agreements . . . .
5
4. [§306] Implementing Rules . . . . . . .
6
C.
[§307] Property Acquisition . . . . . . . .
6
1. [§308] Acquisition of Real Property .
6
2. [§309] Personal Property. . . . . . .
7
D.
[§310] Property Management. . . . . . . . .
7
E.
[§311] Relocation of Occupants Displaced
by Agency Acquisition. . . . . . . .
7
1. [§312] Assistance in Finding Other
Locations . . . . . . . . . . . .
7
2. [§313] Relocation Payments. . . . . . .
7
F.
[§314] Payments to Taxing Agencies to
Alleviate Financial Burden . . . . .
7
G
[§315] Demolition, Clearance, Public
Improvements, Building and Site
Preparation . . . . . . . . . . . . .
8
1. [§316] Demolition and Clearance .".
8
2. [§317] Public Improvements. . . . . . .
8
3. [§318] Preparation of Building Sites. .
8
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KatzHollis
H:
K.
IV. [§400]
A.
B.
C.
D.
E.
PAGE
[§319] Property Disposition and Development
9
1. [§320] Real Property Disposition and
Development. . . . . . . . . . .
9
a: [§321] General . . . . . . . . . .
9
b. [§322] Disposition and Develop-
ment Documents. . . . . . .
10
C. [§323] Development by the Agency
or Other Public Bodies or
Entities . . . . . . . . . .
10
d. [§324] Development Plans . . . . .
11
2. [§325] Personal Property Disposition. .
11
[§326] Cooperation with Public Bodies . . .
12
[§327] Rehabilitation, Conservation and
Moving of Structures . . . . . . . .
12
1. [§328] Rehabilitation and Conservation.
12
2. [§329] Moving of Structures . . . . . .
12
[§330] Low or Moderate Income Housing . . .
13
1. [§331] Replacement Housing. . . . . . .
13
2. [§332] Increased and Improved Supply.
13
3. [§333] New or Rehabilitated Dwelling
Units Developed Within Project
Area . . . . . . . . . . . . . .
14
LAND USES AND DEVELOPMENT REQUIREMENTS
15
[§401] Redevelopment Plan Map and Major
Project Area Land Uses . . . . . . .
15
[§402] Other Land Uses. . . . . . . . . . .
15
1. [§403] Public Rights -of -Way . . . . . .
15
2. [§404] Other Public, Semi -Public,
Institutional and Non -Profit
Uses . . . . . . . . . . . . . .
16
[§405] Conforming Properties. . . . . . . .
16
[§406] Nonconforming Uses . . . . . . . . .
17
[§407] General Controls and Limitations . .
17
1. [§408] Construction . . . . . . . . . .
17
2. [§409] Limitation on the Number
of Buildings . . . . . . . . . .
17
3. [§410] Number of Dwelling Units . . . .
17
KatzHollis
F.
V. [§500]
A.
B.
C.
VI. [§600]
VII. [§700]
VIII. [1800]
IX. [§900]
EXHIBIT "A"
EXHIBIT "B"
EXHIBIT "C"
PAGE
4. [§411] Limitations on Type, Size and
Height of Buildings. . . . . .
. 18
5. [§412] Open Spaces, Landscaping,
Light, Air and Privacy . . . .
. 18
6. [§413] Signs . . . . . . . . . . . . .
. 18
7. [§414] Utilities. . . . . . . . . . .
. 18
8. [§415] Incompatible Uses. . . . . . .
. 18
9. [§416] Non -Discrimination and
Non -Segregation. . . . . . . .
. 18
10. [§417] Re -Subdivision of Parcels. . .
. 19
11. [§418] Building Permits . . . . . . .
. 19
[§419] Design Guide . . . . . . . . . . .
. 19
METHODS OF FINANCING THE PROJECT . . .
. 20
[§501] General Description of the Proposed
Financing Method . . . . . . . . .
. 20
[§502] Tax Increment Funds. . . . . . . .
. 20
[§503] Other Loans and Grants . . . . . .
. 22
ACTIONS BY THE CITY. . . . . . . . . .
. 23
ENFORCEMENT . . . . . . . . . . . . . .
. 25
DURATION OF THIS PLAN. . . . . . . . .
. 26
PROCEDURE FOR AMENDMENT. . . . . . . .
. 27
REDEVELOPMENT PLAN MAP
LEGAL DESCRIPTION
PROPOSED PUBLIC IMPROVEMENTS AND FACILITIES
PROJECTS
KatzHollis
I. [§100]
REDEVELOPMENT PLAN
FOR THE
LA QUINTA REDEVELOPMENT PROJECT
INTRODUCTION
This is the Redevelopment Plan (the "Plan") for the La Quinta
Redevelopment Project (the "Project") in the City of La Quinta (the
"City"), County of Riverside, State of California. This Plan consists
of text (Sections 100 through 900), the Redevelopment Plan Map (Exhibit
"A"), a Legal Description of the Project boundary (Exhibit "B"), and the
Proposed Public Improvements and Facilities Projects (Exhibit "C"). This
Plan was prepared by the La Quinta Redevelopment Agency (the "Agency")
pursuant to the Community Redevelopment Law of the State of California
(Health and Safety Code, Section 33000 et seq.), the California Consti-
tution, and all applicable local codes and ordinances.
The project area (the "Project Area") includes all properties
within the Project boundary shown on the Redevelopment Plan Map. The
Project Area includes certain unincorporated territory of the County of
Riverside (the "County"), the redevelopment of which is authorized by
Ordinance No. 605 of the County, adopted by the Board of Supervisors of
the County on August 30, 1983, pursuant to Section 33213 of the Health
and Safety Code.
The proposed redevelopment of the Project Area as described in
this Plan conforms to the General Plan for the City of La Quinta, as ap-
plied in accord with local codes and ordinances.
This Redevelopment Plan is based upon the Preliminary Plan for-
mulated and adopted by the Planning Commission of the City of La Quinta
(the "Planning Commission") on August 9, 1983.
This Plan provides the Agency with powers, duties and obliga-
tions to implement and further the program generally formulated in this
Plan for the redevelopment, rehabilitation, and revitalization of the
Project Area. This Plan does not present a specific plan or establish
priorities for specific projects for the redevelopment, rehabilitation,
and revitalization of any particular area within the Project Area. In-
stead, this Plan presents a process and a basic framework within which
specific development plans will be presented, priorities for specific
projects will be established, and specific solutions will be proposed,
and by which tools are provided to the Agency to fashion, develop, and
proceed with such specific plans, projects, and solutions.
Katz Hol l is
In general, the goals and objectives of a redevelopment program
in the Project Area are as follows:
1. To eliminate and prevent the spread of blight and de-
terioration and to conserve, rehabilitate and redevelop
the Project Area in accord with the General Plan, spe-
cific plans, the Redevelopment Plan and local codes
and ordinances.
2. To encourage the investment of the private sector in
the development and redevelopment of the Project Area
by eliminating impediments to such development and re-
development. A particular objective in this regard is
the provision of necessary improvements required to
protect Project Area properties from the danger of
flooding due to rainwater runoff from surrounding moun-
tains.
3. To encourage and provide for the orderly and proper
development of undeveloped portions of the City in ac-
cordance with the Redevelopment Plan, the General Plan,
and local codes and ordinances.
4. To promote the physical, social and economic well being
of the Project Area, the City of La Quinta, and its
citizens.
5. To promote the development of local job opportunities.
6. To provide for increased sales, business license, hotel
occupancy and other fees and taxes to the City of La
Quinta.
Redevelopment of the Project Area pursuant to this Plan will
attain the purposes of the California Community Redevelopment Law: (1) by
the elimination of areas suffering from economic dislocation as a result
of faulty planning or other reasons; (2) by the replanning, redesign and
rehabilitation and/or development of areas which are stagnant or impro-
perly utilized, and which could not be accomplished by private enterprise
acting alone, without public participation and assistance; and (3) by
protecting and promoting sound development and redevelopment of blighted
areas and the general welfare of the citizens of the City by remedying
such injurious conditions through the employment of appropriate means.
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KatzHollis
II. [§2001 PROJECT AREA BOUNDARY AND LEGAL DESCRIPTION
The boundary of the Project Area is shown on the Redevelopment
Plan Map attached as Exhibit "A", and is described in the Legal Descrip-
tion attached as Exhibit "B".
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III. [§300] PROPOSED REDEVELOPMENT ACTIVITIES
A. [§301] General
The Agency proposes to eliminate and prevent the spread of
blight and blighting influences, and to strengthen the economic base of
the Project Area and the community by:
(1) Providing as necessary for participation in the re-
development process by owners and tenants of proper-
ties located in the Project Area;
(2) Acquisition of real property;
(3) Management of property under the ownership and con-
trol of the Agency;
(4) Relocation assistance to occupants of acquired prop-
erty;
(5) Demolition or removal of buildings and improvements;
(6) Installation, construction, or re -construction of
streets, utilities, and other public facilities and
improvements.
(7) Rehabilitation, development or construction of low
and moderate income housing within the Project and/or
the City; and
(8) Redevelopment of land by private enterprise and pub-
lic agencies for uses in accordance with this Plan.
In the accomplishment of these activities, and in the implemen-
tation and furtherance of this Plan, the Agency is authorized to use all
the powers provided in this Plan and all the powers to the extent now or
hereafter permitted by law, which powers are not expressly limited by
this Plan.
B. [§302] Owner Participation and Business Re -Entry
Preferences
1. [§303] Opportunities for Owner Participation
The Agency is authorized to permit persons who are owners of
commercial and other types of real property in the Project Area to be
given the opportunity to participate in redevelopment by rehabilitation,
by retention of improvements, or by new development by retaining all or a
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KatzHollis
portion of their properties, by acquiring adjacent or other properties
from the Agency and by purchasing other properties in the Project Area.
Persons and firms who own property within the Project Area shall
be afforded maximum opportunity to retain and redevelop their properties
consistent with the objectives and proposals of this Plan and implementa-
tion rules adopted by the Agency.
In addition to opportunities for participation by individual
persons and firms, participation to the extent it is feasible shall be
available for two or more persons, firms or institutions, to join togeth-
er in partnerships, corporations, or other joint entities.
Participation opportunities shall necessarily be subject to and
limited by factors such as the following: (1) the elimination and chang-
ing of some land uses; (2) the construction, realignment, abandonment,
widening, opening and/or other alternation or elimination of rights -of -
way; (3) the removal, relocation, and/or installation of public utilities
and public facilities; (4) the ability of participants to finance the
proposed acquisition, development or rehabilitation in accordance with
the Redevelopment Plan; (5) the ability and experience of participants
to undertake and complete the proposed development; (6) any reduction in
the total number of individual parcels in the Project Area; (7) the con-
struction or expansion of public improvements and facilities, and the
necessity to assemble areas for such; (8) any change in orientation and
character of the Project Area; and (9) the necessity to assemble areas
for public and/or private development.
2. [§304) Preferences for Persons Engaged in
Business in the Project Area
The Agency shall extend reasonable preferences to persons who
are engaged in business in the Project Area to re-enter in business
within the redevelopment area if they otherwise meet the requirements
prescribed by this Plan.
3. [§305) Participation Agreements
The Agency may require that, as a condition to participate in
redevelopment, each participant shall enter into a binding agreement with
the Agency by which the participant agrees to develop or use the property
in conformance with this Plan and to be subject to provisions hereof.
In such agreements, participants who retain real property may be required
to join in the recordation of such documents as is necessary to make the
provisions of this Plan applicable to their properties. In the event an
owner or tenant participant fails or refuses to develop, or use and
maintain, its real property pursuant to this Plan and a participation
agreement, the real property or any interest therein may be acquired by
the Agency and sold or leased for development in accordance with this
Plan.
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Katz Hol l is
Whether or not a participant enters into a participation agree-
ment with the Agency, the provisions of this Plan are applicable to all
public and private property in the Project Area.
4. [§306] Implementing Rules
The provisions of Sections 302 through 305 shall be implemented
according to the rules adopted by the Agency prior to the approval of
this Plan, and the same may be from time to time amended by the Agency.
C. [§307] Property Acquisition
1. [§308) 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,
eminent domain or any other lawful method.
_ It is in the public interest and is necessary in order to exe-
cute this Plan for the power of eminent domain to be employed by the
Agency to acquire real property in the Project Area. The Agency may
not, without the affected property owner's prior written consent, use
the power of eminent domain to acquire or assemble any residentially
zoned property for the purpose of conveying such property to others for
private development.
No eminent domain proceeding to acquire property within the
Project Area shall be commenced after twelve (12) years following the
date of adoption of the ordinance approving and adopting this Plan. Such
time limitation may be extended only by amendment of this Plan.
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 property less than a
fee.
The Agency shall not acquire property to be retained by an owner
pursuant to a participation agreement if the owner fully performs under
the agreement. The Agency shall not acquire real property on which an
existing building is to be continued on its present site and in its pre-
sent form and use without the consent of the owner, unless (1) such
building requires structural alterations, improvement, modernization, or
rehabilitation, or (2) the site or lot on which the building is situated
requires modification in size, shape, or use, or (3) it is necessary to
impose upon such property any of the standards, restrictions and controls
of this Plan and the owner fails or refuses to participate in the Plan
by executing a participation agreement.
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2. [§309] Personal Property
Generally, personal property shall not be acquired. However,
where necessary in the execution of this Plan, the Agency is authorized
to acquire personal property in the Project Area by any lawful means,
including eminent domain.
D. [§310] Property Management
During such time as property, if any, in the Project Area is
owned by the Agency, such property shall be under the management and con-
trol of the Agency. Such property may be rented or leased by the Agency
and such rental or lease shall be pursuant to such policies as the Agency
may adopt.
E. [§311] Relocation of Occupants Displaced by Agency
Acquisition
1. [012] Assistance in Finding Other Locations
The Agency shall assist all persons (including individuals and
families), business concerns, and others displaced by the Project in
finding other locations and facilities. In order to carry out the Proj-
ect with a minimum of hardship to persons (including individuals and fam-
ilies), business concerns, and others, if any, displaced from their res-
pective places of residence or business, the Agency shall assist such
persons and business concerns in finding new locations that are decent,
safe, sanitary, within their respective financial means, in reasonably
convenient locations, and otherwise suitable to their respective needs.
The Agency may also provide housing inside or outside the Project Area
for displaced persons.
2. [§313] Relocation Payments
The Agency shall make all relocation payments required by law
to persons (including individuals and families), business concerns, and
others displaced from property by the Project. Such relocation payments
shall be made pursuant to the California Relocation Assistance Law
(Government Code Section 7260 et seq.) and Agency rules and regulations
adopted pursuant thereto. The Agency may make such other payments as it
may deem appropriate and for which funds are available.
F. [§314] Payments to Taxing Agencies to Alleviate Financial
Burden
In any year during which it owns property in the Project Area,
the Agency is authorized, but not required, to pay directly to any City,
County, City and County, District, including, but not limited to, a
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School District, or other public corporation for whose benefit a tax
would have been levied upon such property had it not been exempt, an
amount of money in lieu of taxes.
The Agency may also pay to any taxing agency with territory lo-
cated within the Project Area (other than the City), any amounts of money
which, in the Agency's determination, are appropriate to alleviate any
financial burden or detriment caused to such taxing agency by the Proj-
ect.
G. [§315] Demolition, Clearance, Public Improvements,
Building and Site Preparation
1. [§316] Demolition and Clearance
The Agency is authorized to demolish and clear buildings, struc-
tures, and other improvements from any real property in the Project Area
as necessary to carry out the purposes of this Plan.
2. [§317] Public Improvements
The Agency is authorized to install and construct, or to cause
to be installed and constructed, the public improvements, facilities and
utilities (within or without the Project Area) necessary to carry out
this Plan. Such public improvements, facilities and utilities include,
but are not limited to, the following: (1) over- and under -passes;
(2) sewers; (3) natural gas distribution systems; (4) water distribution
systems; (5) parks and plazas; (6) playgrounds; (7) parking and transpor-
tation facilities; (8) landscaped areas; (9) street and circulation im-
provements; and (10) flood control improvements and facilities. Speci-
fically, the Agency may pay for, install, or construct, and may acquire
or pay for the land required therefor, the facilities, buildings, and
structures set forth in Exhibit "C", Proposed Public Improvements and
Facilities Projects, attached hereto and made a part hereof.
3. [§318] Preparation of Building Sites
The Agency is authorized to prepare, or cause to be prepared,
as building sites any real property in the Project Area owned by the
Agency. The Agency is also authorized to construct foundations, plat-
forms, and other structural forms necessary for the provision or util-
ization of air rights sites for buildings to be used for commercial,
public, and other uses provided in this Plan.
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H. [§319] Property Disposition and Development
1. [§320] Real Property Disposition and Development
a. [§321] General
For the purposes of this Plan, the Agency is authorized to sell,
lease, exchange, subdivide, transfer, assign, pledge, encumber by mort-
gage or deed of trust, or otherwise dispose of any interest in real prop-
erty. In the manner required and to the extent permitted by law, before
any interest in real property of the Agency acquired in whole or in part,
directly or indirectly, with tax increment moneys is sold, leased, or
otherwise disposed of for development pursuant to this Plan, such sale,
lease or disposition shall be first approved by the City Council after
public hearing.
To the extent permitted by law, the Agency is authorized to
dispose of real property by negotiated lease, sale, or transfer without
public bidding.
No real or personal property of the Agency, or any interest
therein, shall be sold or leased to a private person or private entity
for an amount less than its fair value as determined by the Agency for
uses in accordance with this Redevelopment Plan and the covenants and
controls recorded against the property by the Agency.
All real property acquired by the Agency in the Project Area
shall be sold or leased to public or private persons or entities for
development for the uses permitted in this Plan. Real property may be
conveyed by the Agency to the City and, where beneficial to the Project
Area, to any other public body without charge.
All purchasers or lessees of property from the Agency shall be
made obligated to use the property for the purposes designated in this
Plan, to begin and complete development of the property within a period
of time which the Agency fixes as reasonable, and to comply with other
conditions which the Agency deems necessary to carry out the purposes of
this Plan.
During the period of development in the Project Area, the Agency
shall ensure that the provisions of this Plan and of other documents for-
mulated pursuant to this Plan are being observed, and that development
in the Project Area is proceeding in accordance with development docu-
ments and time schedules.
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b. [§322] Disposition and Development Documents
To provide adequate safeguards to ensure that the provisions of
this Plan will be carried out and to prevent the recurrence of blight,
all real property sold, leased, or conveyed by the Agency, as well as
all property subject to participation agreements, shall be made subject
to the provisions of this Plan by leases, deeds, contracts, agreements,
declarations of restrictions, provisions of the zoning ordinance, condi-
tional use permits, or other means. Where appropriate, as determined by
the Agency, such documents or portions thereof shall be recorded in the
Office of the Recorder of the County.
The leases, deeds, contracts, agreements, and declarations of
restrictions may contain restrictions, covenants, covenants running with
the land, rights of reverter, conditions subsequent, equitable servi-
tudes, or any other provision necessary to carry out this Plan.
All property in the Project Area is hereby subject to the res-
triction that there shall be no discrimination or segregation based upon
sex, marital status, race, color, religion, national origin, or ancestry
in the sale, lease, sublease, transfer, use, occupancy, tenure, or enjoy-
ment of property in the Project Area. All property sold, leased, convey-
ed, or subject to a participation agreement, by or through the Agency,
shall be expressly subject by appropriate documents to the restriction
that all deeds, leases, or contracts for the sale, lease, sub -lease, or
other transfer of land in the Project Area shall contain such non-discri-
mination and non -segregation clauses as are required by law.
C. [§323] Development by the Agency or
Other Public Bodies or Entities
To the extent now or hereafter permitted by law, the Agency
may, with the consent of the City Council of the City La Quinta, pay all
or part of the value of the land for and the cost of the installation
and construction of any building, facility, structure, or other improve-
ment which is publicly owned either within or without the Project Area,
if the City Council determines: (1) that such buildings, facilities,
structures, or other improvements are of benefit to the Project Area or
the immediate neighborhood in which the Project is located, regardless
of whether such improvement is within another project area; and (2) that
no other reasonable means of financing such buildings, facilities, struc-
tures, or other improvements, are available to the community. Such de-
terminations by the Agency and the City Council shall be final and con-
clusive.
Specifically, the Agency may pay all or part of the value of
the land for and the cost of the installation and construction of any
building, facility, structure or other improvement set forth in Exhibit
"C," Proposed Public Improvements and Facilities Projects.
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When the value of such land or the cost of the installation and
construction of such building, facility, structure, or other improvement,
or both, has been, or will be paid or provided for initially by the City
or other public corporation, the Agecy may enter into a contract with
the City or other public corporation under which is agrees to reimburse
the City or other public corporation for all or part of the value of
such land or all or part of the cost of such building, facility, struc-
ture, or othe improvement, or both, by periodic payments over a period
of years.
The obligation of the Agency under such contract shall consti-
tute an indebtedness of the Agency for the purpose of carrying out the
redevelopment project for the Project Area, which indebtedness may be
made payable out of taxes levied in the Project Area and allocated to
the Agency under subdivision (b) cf Section 33670 of the California Re-
development Law and Section 502 of this Plan, or out of any other avail-
able funds.
In a case where such land has been or will be acquired by, or
the cost of the installation and construction of such building, facility,
structure or other improvement has been paid by, a parking authority,
joint powers entity, or other public corporation to provide a building,
facility, structure, or other improvement which has been or will be
leased to the City such contract may be made with, and such reimbursement
may be made payable to, the City.
Before the Agency commits to use the portion of taxes to be
allocated and paid to the Agency pursuant to subdivision (b) of Section
33670 for the purpose of paying all or part of the value of the land
for, and the cost of the installation and construction of, any publicly
owned building, other than parking facilities, the City Council shall
hold a public hearing.
d. [§324] Development Plans
All development plans (whether public or private) shall be pro-
cessed in the manner provided by applicable City codes as they are or as
they may be amended from time to time. All development in the Project
Area must conform to City and Agency design review procedures.
2. [§325] Personal Property Disposition
For the purposes of this Plan, the Agency is authorized to
lease, sell, exchange, transfer, assign, pledge, encumber, or otherwise
dispose of personal property which is acquired by the Agency.
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I. [§326] Cooperation with Public Bodies
Certain public bodies are authorized by state law to aid and
cooperate with or without consideration in the planning, undertaking,
construction, or operation of this Project. The Agency shall seek the
aid and cooperation of such public bodies and shall attempt to coordinate
this Plan with the activities of such public bodies in order to accom-
plish the purposes of redevelopment and the highest public good.
The Agency, by law, is not authorized to acquire real property
owned by public bodies without the consent of such public bodies. The
Agency, however, will seek the cooperation of all public bodies which
own or intend to acquire property in the Project Area. Any public body
which owns or leases property in the Project Area will be afforded all
the privileges of owner and tenant participation if such public body is
willing to enter into a participation agreement with the Agency. All
plans for development of property in the Project Area by a public body
shall be subject to Agency approval.
The Agency may impose on all public bodies the planning and
design controls contained in this Plan to ensure that present uses and
any future development by public bodies will conform to the requirements
of this Plan. The Agency is authorized to financially (and otherwise)
assist any public entity in the cost of public land, buildings, facil-
ities, structures, or other improvements (within or without the Project
Area) which land, buildings, facilities, structures, or other improve-
ments are of benefit to the Project.
J. [§327] Rehabilitation, Conservation and Moving
of Structures
1. [§328] Rehabilitation and Conservation
The Agency is authorized to rehabilitate and conserve, or to
cause to be rehabilitated and conserved, any building or structure in
the Project Area owned by the Agency. The Agency is also authorized to
advise, encourage, and assist (through a loan program or otherwise) in
the rehabilitation and conservation of property in the Project Area not
owned by the Agency. The Agency is also authorized to acquire, restore,
rehabilitate, move and conserve buildings of historic or architectural
significance.
2. [§329] Moving of Structures
As necessary in carrying out this Plan, the Agency is authorized
to move or to cause to be moved, any standard structure or building or
any structure or building which can be rehabilitated to a location within
or outside the Project Area.
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K. [§330) Low or Moderate Income Housing
1. [§331) Replacement Housing
In accordance with Section 33334.5 of the Community Redevelop-
ment Law, whenever dwelling units housing persons and families of low or
moderate income are destroyed or removed from the low and moderate income
housing market as part of a redevelopment project, the Agency shall,
within four years of such destruction or removal, rehabilitate, develop,
or construct, or cause to be rehabilitated, developed, or constructed,
for rental or sale to persons and families of low or moderate income an
equal number of replacement dwelling units at affordable housing costs
within the Project Area or within the territorial jurisdiction of the
Agency, in accordance with all of the provisions of Sections 33413 and
33413.5 of the Community Redevelopment Law.
2. [§3321 Increased and Improved Suppl
Pursuant to Section 33334.2 of the Community Redevelopment Law,
not less than 20 percent of all taxes which are allocated to the Agency
pursuant to subdivision (b) of Section 33670 of the Community Redevelop-
ment Law and Section 502 of this Plan shall be used by the Agency for
the purposes of increasing and improving the City's supply of housing
for persons and families of very low, low, or moderate income unless cer-
tain findings are made as required by that section to lessen or exempt
such requirement. In carrying out this purpose, the Agency may exercise
any or all of its powers, including, but not limited to, the following:
(1) Acquire land or building sites;
(2) Improve land or building sites with on -site or off -site
improvements;
(3) Donate land to private or public persons or entities;
(4) Construct buildings or structures;
(5) Acquire buildings or structures;
(6) Rehabilitate buildings or structures;
(7) Provide subsidies to or for the benefit of persons or
families of very low, low, or moderate income; and
(8) Develop plans, pay principal and interest on bonds,
loans, advances, or other indebtedness, or pay financ-
ing or carrying charges.
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The Agency may use these funds to meet, in whole or in part,
the replacement housing provisions in Section 331 above. These funds
may be used inside or outside the Project Area provided, however, that
funds may be used outside the Project Area only if findings of benefit
to the Project are made as required by said Section 33334.2 of the Com-
munity Redevelopment Law.
The funds for this purpose shall be held in a separate Low and
Moderate Income Housing Fund until used. Any interest earned by such
Low and Moderate Income Housing Fund shall accrue to the Fund.
3. [§333) New or Rehabilitated Dwelling Units
Developed Within Project Area
At least thirty percent (30%) of all new or rehabilitated dwel-
ling units developed within the Project Area by the Agency, if any, shall
be for persons and families of low or moderate income; and of such thirty
percent, not less than fifty percent (50%) thereof shall be for very low
income households. At least fifteen percent (15%) of all new or rehabil-
itated units developed within the Project Area by public or private enti-
ties or persons other than the Agency shall be for persons and families
of low or moderate income; and of such fifteen percent, not less than
forty percent (40%) thereof, shall be for very low income households.
The percentage requirements set forth in this Section shall apply in the
aggregate to housing in the Project Area and not to each individual case
of rehabilitation, development or construction of dwelling units.
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IV. [§400] LAND USES AND DEVELOPMENT REQUIREMENTS
A. [§401] Redevelopment Plan Map and Major Project Area
Land Uses
The Redevelopment Plan Map, attached hereto as Exhibit "A",
illustrates the location of the Project boundary, identifies the major
streets within the Project Area, and designates the major land uses
authorized within the Project Area under the three Riverside County
General Plans which are applicable to the City of La Quinta and which
together comprise the City's current General Plan. The City intends to
update and adopt a new General Plan at some date in the future. It is
the intention of this Redevelopment Plan that the major and other land
uses to be permitted within the Project Area shall be as provided within
the City's General Plan, as it currently exists or as it may hereafter
be upon amendment, and as implemented and applied by local codes and or-
dinances.
B. [§402] Other Land Uses
1. [§403] Public Rights -of -Way
Major public streets within the Project Area include: Avenida
Fernando; Calle Mazatlan; Calle Tampico; Calle Durango; Calle Chihuahua;
Calle Chillon; Calle Potrero; 52nd Avenue; 54th Avenue; Airport Boule-
vard; 58th Avenue; Avenida Montezuma; Avenida Obregon; Eisenhower; Aveni-
da Bermudas; Washington Street; Adams Street; Jefferson Street; and
Madison Street.
Additional public streets, alleys and easements may be created
in the Project Area as needed for proper use and/or development. Exist-
ing streets and alleys may be abandoned, closed or modified as necessary
for proper use and/or development. It is anticipated that Project devel-
opment will entail vacation and/or realignment of certain streets, and
the construction of interior collector streets as necessary to serve
Project Area development.
Any changes in the existing street layout shall be in accord
with the General Plan, the objectives of this Plan, and the City's design
standards, shall be effectuated in the manner prescribed by state and
local law, and shall be guided by the following criteria:
(1) A balancing of the needs of proposed and potential
new development for adequate pedestrian and vehicular
access, vehicular parking, and delivery loading docks
with similar needs of existing developments proposed
or potentially proposed to remain. Such balancing
shall take into consideration the rights of existing
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owners and tenants under the participation rules
adopted by the Agency for the Project, and any parti-
cipation agreements executed thereunder;
(2) The requirements imposed by such factors as topo-
graphy, traffic safety and aesthetics;
(3) The potential need to serve not only the Project
Area and new or existing developments, but to also
serve areas outside the Project by providing conve-
nient, efficient vehicular access and movement; and
(4) The potential need or desire to accommodate the
facilities and/or equipment of mass transportation
modes.
The public rights -of -way may be used for vehicular and/or pedes-
trian traffic, as well as for public improvements, public and private
utilities, and activities typically found in public rights -of -way.
2. [§404] Other Public, Semi -Public, Institutional and
Non -Profit Uses
In any area the Agency is authorized to permit the maintenance,
establishment or enlargement of public, semi-public, institutional, or
non-profit uses, including park and recreational facilities, libraries,
educational, fraternal, employee, philanthropic, religious and charitable
institutions, utilities, railroad rights -of -way, and facilities of other
similar associations or organizations. All such uses shall conform so
far as possible to the provisions of this Plan applicable to the uses in
the specific area involved. The Agency may impose such other reasonable
restrictions as are necessary to protect the development and uses in the
Project Area.
C. [§405] Conforming Properties
The Agency may, at its sole and absolute discretion, determine
that certain real properties within the Project Area meet the require-
ments of this Plan, and the owners of such properties may be permitted
to remain as owners of conforming properties without a Participation
Agreement with the Agency, provided such owners continues to operate,
use, and maintain the real properties within the requirements of this
Plan. However, a conforming owner may be required by the Agency to
enter into a Participation Agreement with the Agency in the event that
such owner desires to (1) construct any additional improvements or sub-
stantially alter or modify existing structures on any of the real prop-
erty described above as conforming; or (2) acquire additional property
within the Project Area.
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D. [§406] Nonconforming Uses
The Agency is authorized to permit an existing use to remain in
an existing building in good condition, which use does not conform to
the provisions of this Plan, provided that such use is generally compati-
ble with existing and proposed developments and uses in the Project Area.
The owner of such a property may be required to enter into a Participa-
tion Agreement and agree to the imposition of such reasonable restric-
tions as may be necessary to protect the development and uses in the
Project Area.
The Agency may authorize additions, alterations, repairs or
other improvements in the Project Area for uses which do not conform to
the provisions of this Plan where such improvements are within a portion
of the Project where, in the determination of the Agency, such improve-
ments would be compatible with surrounding and Project uses and develop-
ment.
E. [§407] General Controls and Limitations
All real property in the Project Area is hereby made subject to
the controls and requirements of this Plan. No real property shall be
developed, rehabilitated, or otherwise changed after the date of the
adoption of this Plan, except in conformance with the provisions of this
Plan.
1. [§408] Construction
All construction in the Project Area shall comply with all ap-
plicable state and local laws in effect from time to time.
In addition to applicable codes, ordinances, or other require-
ments governing development in the Project Area, additional specific
performance and development standards may be adopted by the Agency to
control and direct redevelopment activities in the Project Area.
2. [§409] Limitation on the Number of Buildings
The approximate number of buildings in the Project Area shall
not exceed the maximum number allowed under the densities permitted under
the City's General Plan, as implemented and applied by local codes and
ordinances.
3. [§410] Number of Dwelling Units
The approximate number of dwelling units in the Project Area
shall not exceed the maximum number allowed under the densities permitted
under the City's General Plan, as implemented and applied by local codes
and ordinances.
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4. [§411] Limitations on Type, Size
and Height of Buildings
Except as set forth in other sections of this Plan, the type,
size, and height of buildings shall be as limited by the applicable
federal, state and local statutes, ordinances and regulations.
5. [§412] Open Spaces, Landscaping, Light,
Air and Privacy
The approximate amount of open space to be provided in the Proj-
ect Area is the total of all area which will be in the public rights -of -
way, the public grounds, the space around the buildings, and all other
outdoor areas not permitted to be covered by buildings. Landscaping
shall be developed in the Project Area to insure optimum use of living
plant material.
In all areas, sufficient space shall be maintained between
buildings to provide adequate light, air and privacy.
6. [§413] Signs
All signs shall conform to City requirements. Design of all
proposed new signs shall be submitted prior to installation to the Agency
and/or City for review and approval pursuant to the procedures of this
Plan.
7. [§414] Utilities
The Agency shall require that all utilities be placed under-
ground whenever physically and economically feasible.
B. [§4151 Incompatible Uses
No use or structure which by reason of appearance, traffic,
smoke, glare, noise, odor, or similar factors would be incompatible with
the surrounding areas or structures shall be permitted in any part of
the Project Area.
9. [§416] Non -Discrimination and Non -Segregation
There shall be no discrimination or segregation based upon race,
color, creed, sex, marital status, religion, national origin, or ancestry
permitted in the sale, lease, sublease, transfer, use, occupancy, tenure,
or enjoyment of property in the Project Area.
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10. [§417] Re -Subdivision of Parcels
No parcels in the Project Area, including any parcel retained
by a participant, shall be consolidated, subdivided or re -subdivided
without the approval of the Agency and the appropriate City body.
11. [§418] Building Permits
No permit shall be issued for any work pertaining to the erec-
tion, construction, moving, conversion, alteration, or addition to any
building, structure, or paving until application for such permit has been
made by the owner or his agent and processed in a manner consistent with
all City requirements.
The Agency is authorized to establish permit procedures and ap-
provals in addition to those set forth above where required for the pur-
poses of this Plan. Where such additional procedures and approvals are
established, a building permit shall be issued only after the applicant
for the same has been granted all approvals required by the City and the
Agency at the time of application.
F. [§419] Design Guide
Within the limits, restrictions, and controls established in
this Plan, the Agency is authorized to establish heights of buildings,
land coverage, setback requirements, design criteria, traffic circula-
tion, traffic access, and other development and design controls necessary
for proper development of both private and public areas within the Proj-
ect Area.
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V. [§500] METHODS OF FINANCING THE PROJECT
A. [§501] General Description of the Proposed
Financing Method
The Agency is authorized to finance this Project with financial
assistance from the City, State of California, Federal Government, tax
increment funds, interest income, Agency bonds, donations, loans from
private financial institutions, the lease or sale of Agency -owned prop-
erty, or any other available source, public or private.
The Agency is also authorized to obtain advances, borrow funds
and create indebtedness in carrying out this Plan. The principal and
interest on such advances, funds, and indebtedness may be paid from tax
increments or any other funds available to the Agency. Advances and
loans for survey and planning and for the operating capital for adminis-
tration of this Project may be provided by the City until adequate tax
increment or other funds are available or sufficiently assured to repay
the advances and loans and to permit borrowing adequate working capital
from sources other than the City. The City, as it is able, may also
supply additional assistance through City loans and grants for various
public facilities.
The City or any other public agency may expend money to assist
the Agency in carrying out this Project. As available, gas tax funds
from the State and County may be used for street improvements and public
transit facilities. All or a porton of the parking may be installed
through a parking authority or other public or private entities.
Tax increment financing, as authorized by Section 502 of this
Plan, is intended as a source of financing in combination with other
sources of financing that may be available for specific project activ-
ities.
B. [§502] Tax Increment Funds
All taxes levied upon taxable property within the Project Area
each year, by or for the benefit of the State of California, the County
of Riverside, the City of La Quinta, any district or any other public
corporation (hereinafter sometimes called "taxing agencies") after the
effective date of the ordinance approving this Plan, shall be divided as
follows:
(1) That portion of the taxes which would be produced by
the rate upon which the tax is levied each year by
or for each of said taxing agencies upon the total
sum of the assessed value of the taxable property in
the Project Area as shown upon the assessment roll
used in connection with the taxation of such property
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by such taxing agency, last equalized prior to the
effective date of such ordinance, shall be allocated
to and when collected shall be paid into the funds
of the respective taxing agencies as taxes by or for
said taxing agencies on all other property are paid
(for the purpose of allocating taxes levied by or
for any taxing agency or agencies which did not in-
clude the territory of the Project on the effective
date of such ordinance but to which such territory
is annexed or otherwise included after such effective
date, the assessment roll of the County of Riverside
last equalized on the effective date of said ordi-
nance all be used in determining the assessed
valuation of the taxable property in the Project Area
on said effective date).
(2) That portion of said levied taxes each year in excess
of such amount shall be allocated to and when col-
lected shall be paid into a special fund of the
Agency to pay the principal of and interest on bonds,
loans, monies advanced to, or indebtedness (whether
funded, refunded, assumed or otherwise) incurred by
the Agency to finance or refinance, in whole or in
part, this Project. Unless and until the total as-
sessed valuation of the taxable property in the Proj-
ect Area exceeds the total assessed value of the tax-
able property in the Project Area as shown by the
last equalized assessment roll referred to in subdi-
vision (1) hereof, all of the taxes levied and col-
lected upon the taxable property in the Project Area
shall be paid into the funds of the respective taxing
agencies. When said bonds, loans, advances and in-
debtedness, if any, and interest thereon, have been
paid, all monies thereafter received from taxes upon
the taxable property in the Project Area shall be
paid into the funds of the respective taxing
agencies as taxes on all other property are paid.
The portion of taxes mentioned in subdivision (2) above are
hereby irrevocably pledged for the payment of the principal of and in-
terest on the advance of monies, or making of loans, or the incurring of
any indebtedness (whether funded, refunded, assumed or otherwise) by the
Agency to finance or refinance the Project, in whole or in part.
The Agency is authorized to make such pledges as to specific
advances, loans and indebtedness as appropriate in carrying out the
Project.
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KatzHollis
The portion of taxes divided and allocated to the Agency pur-
suant to subdivision (2) of this section shall not exceed a cumulative
total of $300,000,000.
The Agency is authorized to issue bonds from time to time, if
it deems appropriate to do so, in order to finance all or any part of
the Project.
Neither the members of the Agency nor any persons executing the
bonds are liable personally on the bonds by reason of their issuance.
The bonds and other obligations of the Agency are not a debt of
the City, the State, nor are any of its political subdivisions liable
for them, nor in any event shall the bonds or obligations be payable out
of any funds or properties other than those of the Agency; and such bonds
and other obligations shall so state on their face. The bonds do not
constitute an indebtedness within the meaning of any constitutional or
statutory debt limitation or restriction.
The amount of bonded indebtedness to be repaid in whole or part
from the allocation of taxes described in subdivision (2) above which can
be outstanding at any one time shall not exceed $ 35, 000, 000 in principal
amount.
The Agency shall not establish or incur loans, advances, or in-
debtedness to finance in whole or in part the Project beyond 25 years
from the date of adoption of this Plan. Loans, advances, or indebtedness
may be repaid over a period of time beyond said time limit.
C. [§503] Other Loans and Grants
Any other loans, grants, guarantees, or financial assistance
from the United States, the State of California, or any other public or
private source will be utilized if available.
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_ I KatzHollis
VI. [§600] ACTIONS BY THE CITY
The City shall aid and cooperate with the Agency in carrying out
this Plan and shall take all actions necessary to ensure the continued
fulfillment of the purposes of this Plan and to prevent the recurrence
or spread in the area of conditions causing blight. Actions by the City
shall include, but not be limited to, the following:
(1) Institution and completion of proceedings for open-
ing, closing, vacating, widening, or changing the
grades of streets, alleys, and other public rights -
of -way, and for other necessary modifications of the
streets, the street layout, and other public rights -
of -way in the Project Area. Such action by the City
shall include the requirement of abandonment, remov-
al, and relocation by the public utility companies
of their operations of public rights -of -way as appro-
priate to carry out this Plan, provided that nothing
in this Plan shall be construed to require the cost
of such abandonment, removal, and relocation be borne
by others than those legally required to bear such
cost.
(2) Institution and completion of proceedings necessary
for changes and improvements in private and publicly -
owned public utilities within or affecting the Proj-
ect Area.
(3) Revision of zoning (if necessary) within the Project
Area to permit the land uses and development author-
ized by this Plan.
(4) Imposition wherever necessary (by conditional use
permits or other means) of appropriate controls
within the limits of this Plan upon parcels in the
Project Area to ensure their proper development and
use.
(5) Provision for administrative enforcement of this Plan
by the City after development.
(6) Performance of the above actions, and of all other
functions and services relating to public health,
safety, and physical development normally rendered
in accordance with a schedule which will permit the
redevelopment of the Project Area to be commenced
and carried to completion without unnecessary delays.
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KatzHollis
(7) The undertaking and completing of any other proceed-
ings necessary to carry out the Project.
The foregoing actions to be taken by the City do not involve or
constitute any commitment for financial outlays by the City.
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Katz Hol l i s
VII. [§700] ENFORCEMENT
The administration and enforcement of this Plan, including the
preparation and execution of any documents implementing this Plan, shall
be performed by the Agency and/or the City.
The provisions of this Plan or other documents entered into pur-
suant to this Plan may also be enforced by court litigation instituted
by either the Agency or the City. Such remedies may include, but are
not limited to, specific performance, damages, re-entry, injunctions, or
any other remedies appropriate to the purposes of this Plan. In addi-
tion, any recorded provisions which are expressly for the benefit of
owners of property in the Project Area may be enforced by such owners.
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KatzHollis
VIII. [§800] DURATION OF THIS PLAN
Except for the non-discrimination and non -segregation provisions
which shall run in perpetuity, the provisions of this Plan shall be
effective, and the provisions of other documents formulated pursuant to
this Plan may be made effective, for 35 years from the effective date of
adoption of this Plan by the City Council; provided, however, that the
Agency may issue bonds and incur obligations pursuant to this Plan which
extend beyond the termination date, and in such event, this Plan shall
continue in effect for the purpose of repaying such bonds or other obli-
gations until the date of retirement of such bonds or other obligations,
as determined by the City Council.
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Katz Hol l i s
IX. [§900] PROCEDURE FOR AMENDMENT
This Plan may be amended by means of the procedure established
in Sections 33450-33458 of the Community Redevelopment Law, or by any
other procedure hereafter established by law.
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EXHIBIT. "A" I
REDEVELOPMENT PLAN MAP
La Quinta Redevelopment Project
La Quinta Redevelopment Agency, La Quinta, California
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LEGAL DESCRIPTION
LA QUINTA REDEVELOPMENT PROJECT AREA
City of La Quinta Redevelopment Agency
Being a portion of Section 36, Township 5 South, Range 6 East,
S.B.M.; all of Sections 1, 12, 13, 24 and 25, Township 6 South, Range 6
East, S.B.M. and a portion of Sections 6, 9, 21, 22 and all of Sections
5, 7, 8, 16, 17, 18, 19, 20, 29 and 30, Township 6 South, Range 7 East,
S.B.M., described as follows:
Beginning at the Northeast corner of Section 5, Township 6 South,
Range 7 East, S.B.M.;
Thence SOUTH along the East line of Section 5, Township 6 South,
Range 7 East, S.B.M. to the Southeast corner of said Section 5;
Thence Southeasterly along the centerline of Jefferson Street as
shown on Map 786-VV, Official Records of the Surveyor, County of River-
side, California, to the Northwest corner of Section 16, Township 6
South, Range 7 East, S.B.M.;
Thence EAST along the North line of said Section 16 to the North-
east corner thereof;
Thence SOUTH along the East line of said Section 16 to the South-
east corner thereof, said corner also being the Northwest corner of
Section 22, Township 6 South, Range 7 East, S.B.M.;
Thence EAST along the North line of said Section 22 to the North-
east corner of the Northwest one -quarter of said Section 22;
Thence SOUTH along the East line of said Northwest one -quarter to
the Southeast corner thereof;
Thence WEST along the South line of said Northwest one -quarter
and the South line of the Northeast one -quarter of Section 21, Township
6 South, Range 7 East, S.B.M. to the Southwest corner of said Northeast
one -quarter, said corner also being the Northeast corner of the Northeast
one -quarter of the Southwest one -quarter of said Section 21;
KatzHollis
Thence SOUTH along the East line of said Northeast one -quarter of
the Southwest one -quarter of Section 21 to the Southeast corner thereof;
Thence WEST along the South line of said Northeast one -quarter of
the Southwest one -quarter of Section 21 to the Southwest corner thereof,
said corner also being on the East line of the West one-half of the
Southwest one -quarter of said Section 21;
Thence SOUTH along said East line to the Southeast corner there-
of, said corner being on the South line of said Section 21;
Thence WEST along the South line of said Section 21 to the South-
west corner thereof, said corner also being the Northeast corner of Sec-
tion 29, Township 6 South, Range 7 East, S.B.M.;
Thence SOUTH along the East line of said Section 29 to the South-
east corner thereof;
Thence WEST along the South lines of said Section 29 and Section
30, Township 6 South, Range 7 East, S.B.M. to the Southwest corner of
said Section 30, said corner being the Southeast corner of Section 25,
Township 6 South, Range 6 East, S.B.M.;
Thence continuing WEST along the South line of said Section 25 to
the Southwest corner thereof;
Thence NORTH along the West lines of Sections 25, 24, 13, 12 and
1, Township 6 South, Range 6 East, S.B.M. to the Northwest corner of
said Section 1 thereof;
Thence EAST along the North line of said Section 1 to the South-
west corner of said Section 36, Township 5 South, Range 6 East, S.B.M.;
Thence NORTH along the West line of said Section 36 to the North-
west corner thereof;
Thence EAST along the North line of Section 36 to the North one -
quarter corner of said Section, said corner also being the Northeast
corner of the Northwest one -quarter of said Section 36;
Thence SOUTH along the West line of said Northwest one -quarter to
the Southeast corner thereof, said corner also being the Northwest corner
of the Southeast one -quarter of said Section 36;
Exhibit "B"
Page 2
_ . KatzHollls
Thence EAST along the North line of said Southeast one -quarter to
the centerline of Eisenhower Drive (formerly Avenida Serra) as shown on
map of La Quinta Golf Estates on file in Book 37 of Maps, at pages 96
through 98 thereof, Records of Riverside County, California;
Thence Southwesterly on the centerline of said Eisenhower Drive
on a non -tangent curve concave Southeasterly, having a radius of 2000.00
feet through an angle of 23°09'03", an arc length of 808.12 feet (the
initial radial line bears N.66°45'54"W.);
Thence S.03°22141"W., along the centerline of Eisenhower Drive as
shown on Amended Tract No. 16786 on file in Book 127 of Maps, at pages
76 through 78 therof, Records of Riverside County, California, a dis-
tance of 50.08 feet to an angle point therein;
Thence S.00°14134"W. along the last mentioned centerline of Eisen-
hower Drive, a distance of 1806.01 feet to the intersection with the
centerline of 50th Avenue;
The following five (5) courses are along the centerline of 50th
Avenue as shown on Tract 18767-1 on file in Book 132 of Maps, at pages
50 through 52 thereof, Records of Riverside County, California;
Thence S.89°53'38"E., a distance of 614.67 feet;
Thence Northeasterly on a curve concave Northwesterly, having a
radius of 2000.00 feet through an angle of 12°16'30", an arc length of
428.48 feet;
Thence N.77°49'52"E., a distance of 582.91 feet;
Thence Northeasterly on a curve concave Southeasterly, having a
radius of 2000.00 feet, through an angle of 12*09152", an arc length of
424.62 feet to the North line of the Northwest one -quarter of Section 6,
Township 6 South, Range 7 East, S.B.M.;
Thence N.89°59'44"E. along said North line of the Northwest one -
quarter, a distance of 1999.25 feet to the Northeast corner thereof, also
being the Northwest corner of the Northeast one -quarter of said Section
z
Exhibit "B"
Page 3
KatzHollis
Thence EAST along the North line of said Northeast one -quarter to
the Northeast corner thereof, also being the Northwest corner of Section
5, Townslip 6 South, Range 7 East, S.B.M.;
Thence EAST along the North line of said Section 5 to the point
of beginning.
The above described parcel of land contains 17.5 square miles,
more or less.
Exhibit "B"
Page 4
Exhibit "C"
Proposed Public Improvement and Facilities Projects
IA QUIN-rA REDEVELOPMENT PROJECT
Flood control improvements and facilities, consisting of the following
components:
1. West Drainage System - approximately 14,000 linear feet of
training dike and channel system to intercept and channel
flows fran Bear Creek and other drainages.
2. East Drainage System - approximately 9,000 linear feet of
training dike and channel system to intercept and channel
all flows east of Bear Creek.
3. Cove Reservoir - a reservoir of up to 250 acre-feet storage
capacity, with a 35-foot spillway to protect against flood
damage, and a buried outlet fran the Oleander Reservoir
flood evacuation channel.
4. Other Supporting Facilities - such other dikes, channels,
reservoirs, conduits, puunping stations, and other supporting
facilities as may be necessary in conjunction with or addition
to the three facilities described above.
NOTE: This listing of projects is set forth for planning purposes,
and shall not be deemed as a limitation on the Agency's authority
to implement the Redevelopment Plan.
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF LA QUINTA )
I, FRANK M. USHER, City Clerk of the City of La Quinta, do
hereby certify the foregoing to be a full, true and correct
copy of Ordinance No. 43 which was adopted at a
regular meeting held on the 29th day of Novenber
1983, not being less than five days following date of
introduction. I further certify that the foregoing
ordinance was posted in three (3) places within the City of
La Quinta.
FRANK M. USHE , City Clerk
City of La Quinta, California