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ORD 264ORDINANCE NO. 264 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA APPROVING AND ADOPTING THE REDEVELOPMENT PLAN FOR THE LA QUINTA REDEVELOPMENT PROJECT AS AMENDED BY AMENDMENT NO. 1 WHEREAS, the City Council of the City of La Quinta, California (the "City Council") did duly pass and adopt Ordinance No. 43 on November 29, 1983 (the "Previous Ordinance"), and did thereby adopt and approve the Redevelopment Plan for the La Quinta Redevelopment Project (the "Redevelopment Plan"); and WHEREAS, the City Council did duly pass and adopt Ordinance No. 258 on December 20, 1994 and did thereby revise certain time limitations set forth in the Redevelopment Plan in compliance with Section 33333.6 of the Community Redevelopment Law, California Health and Safety Code Sections 33000, et seq. (the "Community Redevelopment Law"); and WHEREAS, the La Quinta Redevelopment Agency (the "Agency") has undertaken the required steps for the consideration of the adoption of a proposed amendment ("Amendment No. 1") to the Redevelopment Plan; and WHEREAS, a Redevelopment Plan for the La Quinta Redevelopment Project as amended by Amendment No. 1 (the "Amended Redevelopment Plan") has been prepared in accordance with the provisions of the Community Redevelopment Law; and WHEREAS, the findings and determinations made by the City Council in the Previous Ordinance are final and conclusive, no action having been timely brought to question the validity of the Previous Ordinance or the findings or determinations of the City Council in adopting the Previous Ordinance; and WHEREAS, the City Council has received the Amended Redevelopment Plan from the Agency, a copy of which is on file at the office of the City Clerk, together with the Agency's Report to the City Council on the Amended Redevelopment Plan (the "Report to Council") which includes: a description of the reasons for the selection of the boundaries of the La Quinta Redevelopment Project (the "Project Area"); a description of the physical and economic conditions existing in the Project Area; an Implementation Plan that describes the specific goals, objectives, projects and expenditures to be made over the next five years; 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 as to the conformity of the Amended Redevelopment Plan with the City's - General Plan; the report and recommendation of the Project Area Committee (the "PAC"); the Final Environmental Impact Report on the Amended Redevelopment Plan (the "Final EIR"); a statement regarding the Report of the County Fiscal Officer; the Neighborhood Impact Report; and a summary of consultations with taxing agencies; and PUBL:13429_114241B2338.42 I February 13,1995 WHEREAS, the Planning Commission of the City of La Quinta has submitted to the City Council its report and recommendation concerning the Amended Redevelopment Plan and its certification that the Amended Redevelopment Plan conforms to the General Plan for the City of La Quinta; and WHEREAS, the PAC has submitted its report and recommendation concerning the Amended Redevelopment Plan to the City Council; and WHEREAS, the City Council and the Agency held a joint public hearing on February 21, 1995, on the adoption of the Amended Redevelopment Plan; and WHEREAS, notice of said hearing was duly and regularly published in 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 the joint public hearing were mailed by first-class mail to the last known assessee of each parcel of land in the Project Area at his or her last known address as shown on the last equalized assessment roll of the County of Riverside; and WHEREAS, copies of the notice of the joint public hearing were mailed by first-class mail to all residents and businesses in the Project Area at least thirty (30) days prior to the hearing; and WHEREAS, copies of the notice of the joint public hearing 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 Agency and the City have each independently found and determined that, for certain significant effects identified by the Final EIR, mitigation measures and a Mitigation Monitoring Plan therefor have been required in, or incorporated into, the Amended Redevelopment Plan which avoid or substantially lessen such effects; and WHEREAS, the Agency and City have each independently found and determined that potential mitigation measures or project alternatives not incorporated into the Amended Redevelopment Plan (including the "No Project" alternative) were rejected as infeasible based upon specific economic, legal, social, technological or other considerations as set forth in the Final EIR and the "Statement of Overriding Considerations"; and WHEREAS, the Agency, as the lead agency, and the City, as a responsible agency, have certified the adequacy of the Final EIR submitted pursuant to Public Resources Code Section 21151 and Section 33352 of the Community Redevelopment Law; and WHEREAS, the City Council has considered the report and recommendation of the Planning Commission, the report and recommendation of the Project Area Committee, the Report to Council, the Amended Redevelopment Plan and its economic feasibility, and the Final EIR, 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 Amended Pust:13429_114241B2338.42 2 February 13, 1995 Redevelopment Plan and has made written findings in response to each written objection of an affected property owner and taxing entity filed with the City Clerk before the hour set for such joint public hearing. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LA QUINTA DOES ORDAIN AS FOLLOWS: Section 1. The purposes and intent of the City Council with respect to the Project Area as it relates to the Amended Redevelopment Plan are to accomplish the following: A. To eliminate blighting influences (such as those described in the Agency's Report to the City Council in connection with the proceedings to adopt the Previous Ordinance and those described in the Report to Council in connection with the Amended Redevelopment Plan) which remain within the Project Area despite the Agency's best efforts to eliminate such influences. B. To implement design and use standards to assure high aesthetic and environmental quality, and provide unity and integrity to developments within the Project Area and to provide for the rehabilitation of and improve the overall appearance of existing commercial and residential buildings, streets, parking areas and other facilities, public and private; and assure that all buildings, new and old, are safe for persons and businesses to occupy. C. To encourage cooperation and participation of residents, businesses, business persons, public agencies and community organizations in the redevelopment and revitalization of the Project Area. D. To encourage private sector investment, rehabilitation and development in the Project Area. E. To promote development of diverse local job opportunities through environmental and economic improvements. F. To provide, replace or improve public improvements, public facilities, and public infrastructure including the improvement of inadequate drainage infrastructure and the improvement or provision of electric, gas, telephone and wastewater infrastructure to properties within the Project Area. G. To remove impediments to land disposition and development through the assembly of property into reasonably size and shaped parcels served by improved infrastructure and public facilities and to recycle and/or develop underutilized parcels to accommodate higher and better economic uses while enhancing the City of La Quinta's financial resources. H. To provide for relocation assistance and benefits to area businesses and residences which may be displaced, in accordance with the provisions of the Community Redevelopment Law and the Government Code of the State of California. PUBL:13429_114241B2338.42 3 February 13, 1995 I. To make provision for affordable housing inside and outside the Project Area as is required to satisfy the needs and desires of various age, income, and ethnic groups of the community, maximizing opportunity for individual choice. J. To provide a procedural and financial mechanism by which the Agency can assist, complement and coordinate public and private development, redevelopment, revitalization and enhancement of the community. Section 2. The City Council hereby finds and determines, based on the evidence in the record, including, but not limited to, the Report to Council, and all documents referenced therein, and based upon evidence and testimony received at the joint public hearing on adoption of the Previous Ordinance that: A. The Project Area is a blighted area, the redevelopment of which is necessary to effectuate the public purposes declared in the Community Redevelopment Law. 1. This finding is based on the City Council's findings contained in the Previous Ordinance that various blighting conditions, as that term was then defined, characterize the Original Area and upon the Report to Council which demonstrates that these blighting conditions continue to exist. 2. The City Council hereby finds that, despite the Agency's best efforts, significant blighting conditions still exist in the Project Area and continued redevelopment is necessary to effectuate the public purposes contained in the Community Redevelopment Law. The City Council also hereby finds and determines that the significant blight which remains within the Project Area cannot be eliminated without the establishment of additional debt and the increase in the limitation on the number of dollars to be allocated to the Agency pursuant to the Amended Redevelopment Plan. This finding is based upon the information contained in the Report to Council. Such conditions in the Project Area are causing and will increasingly cause a reduction and lack of proper utilization of the Project Area to such an extent that it constitutes a serious physical and economic burden on the community which cannot reasonably be expected to be reversed or alleviated by private enterprise or governmental action, or both, without redevelopment, thus requiring redevelopment in the interest of the health, safety and general welfare of the people of the City and the State. Evidence supporting this finding includes the fact that governmental action available to the City without redevelopment would be insufficient to cause any significant correction of the blighting conditions, and that the nature and costs of the public improvements and facilities and other actions required to correct the blighting conditions are beyond the capacity of the City and cannot be undertaken or borne by private enterprise acting alone or in concert with available governmental action. B. The Amended 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. Evidence supporting this finding includes the fact that PUBL:13429_114241B2338.42 4 February 13, 1995 the purposes of the Community Redevelopment Law would be attained through the implementation of the Amended Redevelopment Plan by: the elimination of physical and economic conditions which exist in the Project Area and which cause the Project Area to be a blighted area; by the replanning, redesign and/or redevelopment of areas which are stagnant or improperly utilized, and which could not be accomplished by private enterprise or governmental action, or both, without redevelopment; by protecting and promoting the sound development and redevelopment of the Project Area and the general welfare of the citizens of the City by remedying such injurious conditions through the employment of all appropriate means. C. The adoption and carrying out of the Amended Redevelopment Plan is economically sound and feasible. Evidence supporting this finding includes the fact that under the Amended Redevelopment Plan the Agency will be authorized to seek and utilize a variety of potential financing resources, including property tax increment; that the nature and timing of redevelopment assistance will depend on the amount and availability of such financing resources, including tax increment, generated by new investment in the Project Area; and that the financing plan included within the Report to Council demonstrates that sufficient financial resources will be available to carry out the redevelopment activity in the Project Area. D. The Amended Redevelopment Plan conforms to the General Plan of the City of La Quinta, including, but not limited to, the housing element of the General Plan, which substantially complies with the requirements of Article 10.6 (commencing with Section 65580) of Chapter 3 of Division 1 of Title 7 of the Government Code. This finding is based on the report of the Planning Commission that the Amended Redevelopment Plan conforms to the General Plan. E. The carrying out of the Amended Redevelopment Plan will promote the public peace, health, safety and welfare of the community and will effectuate the purposes and policies of the Community Redevelopment Law. Evidence supporting this finding includes the fact that redevelopment will benefit the Project Area by correcting conditions of blight and by coordinating public and private actions to stimulate development and improve the economic and physical conditions within the Project Area, and by increasing employment opportunities within the City. F. The condemnation of real property is necessary to the execution of the Amended Redevelopment Plan and adequate provisions have been made for payment for property to be acquired as provided by law. Evidence supporting this finding includes the need to assemble sites for certain public facilities, to assemble developable units for economic activity and to eliminate the existence of and prevent the recurrence of blight. G. The Agency has adopted 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. The Agency also has a feasible method and plan for POBL:13429_114241B2338.42 5 February 13, 1995 its relocation of businesses. Evidence supporting this finding includes the fact that the Agency has adopted the method of relocation for the La Quinta Redevelopment Project No. 1 as Amended by Amendment No. 1 which sets forth a plan for relocation of families and persons who may potentially be displaced by Agency projects, and upon the fact that the Amended Redevelopment Plan provides for relocation assistance according to law, and the fact that such assistance, including relocation payments, constitutes a feasible method for relocation. 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. Evidence supporting this finding includes the information contained in the Report to Council that in the event that persons are to be displaced there are sufficient existing dwellings which would be available to persons displaced by the implementation of the Amended Redevelopment Plan. Families and persons shall not be displaced prior to the adoption of a relocation plan pursuant to Sections 33411 and 33411.1 of the Community Redevelopment Law and dwelling units housing persons and families of low or moderate income shall not be removed or destroyed prior to the adoption of a replacement housing plan. Evidence supporting this finding includes the fact that the Amended Redevelopment Plan requires the Agency to adopt such plans prior to any such displacement. J. All noncontiguous areas of the Project Area are either blighted or necessary for effective redevelopment and are not included for the purpose of obtaining the allocation of taxes from the area pursuant to Section 33670 of the Community Redevelopment Law without other substantial justification for their inclusion. This finding is based upon the information set forth in the Report to Council and other evidence in the record. K. 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 solely 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. Evidence supporting this finding includes the fact that all properties within the Project Area boundaries were included because they were underutilized because of blighting influences, or were affected by the existence of blighting influences, or were necessary either to accomplish the objectives and benefits of the Amended Redevelopment Plan or because of the need to impose uniform requirements on the Project Area as a whole. Such properties will share in the benefits of the Amended Redevelopment Plan. PURL: 13429_1 14241 B2338.42 6 February 13, 1995 L. The elimination of blight and the redevelopment of the Project Area could not be reasonably expected to be accomplished by private enterprise acting alone without the aid and assistance of the Agency. Evidence supporting this finding includes the existence of blighting influences as set forth in the Report to Council and the inability of individual owners and developers to economically remove these blighting influences without substantial public assistance. M. The requirement that a project area be predominantly urbanized as defined by Section 33320.1(b) of the Community Redevelopment Law is only applicable to a project area for which a final redevelopment plan is adopted on or after January 1, 1984, or to an area which is added to a project area by an amendment to a redevelopment plan, which amendment is adopted on or after January 1, 1984. As the Redevelopment Plan was adopted in 1983 and as Amendment No. 1 does not add any additional territory to the boundaries of the Project Area, there is no need to make a finding that the Project Area is a predominantly urbanized area. N. The time limitation and the limitation on the number of dollars to be allocated to the Agency that are contained in the Amended Redevelopment Plan are reasonably related to the proposed projects to be implemented in the Project Area and to the ability of the Agency to eliminate blight within the Project Area. This finding is based upon the fact that the limitation on the number of dollars to be allocated to the Agency reflects the anticipated costs of the public improvement projects proposed to be undertaken by the Agency pursuant to the Amended Redevelopment Plan and the time limitation contained in the Amended Redevelopment Plan reflects the anticipated time for the Agency to undertake such projects. Section 3. The City Council is satisfied that permanent housing facilities will be available within three years from the time residential occupants of the Project Area, if any, are displaced, and that pending the development of such facilities, there will be available to any such displaced residential occupants temporary housing facilities at rents comparable to those in the City at the time of their displacement. Evidence supporting this finding includes the City Council's finding that 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. Section 4. Written objections to the Amended Redevelopment Plan filed with the City Clerk before the hour set for hearing and all written and oral objections presented to the City Council at the hearing having been considered and, in the case of written objections received from Project Area property owners and affected taxing agencies, have been responded to in writing and are hereby overruled. Section S. The Final EIR for the Amended Redevelopment Plan, a copy of which is on file 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 pursuant to or in implementation of the Amended Redevelopment POBL:13429_114241B2338.42 7 February 13, 1995 Plan, shall be undertaken in accordance with the mitigation measures and the Mitigation Monitoring Program set forth in the Final EIR, and the Agency shall undertake such additional environmental review or assessment as necessary at the time of the proposed implementation of such activities. Section 6. That certain Redevelopment Plan for the La Quinta Redevelopment Project as Amended by Amendment No. 1, 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 into 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 Project Area. Section 7. In order to implement and facilitate the effectuation of the Amended Redevelopment Plan hereby approved, this City Council hereby: (a) pledges its cooperation in helping to carry out the Amended 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 redevelopment of the Amended Project Area, (c) stands ready to consider and take appropriate action upon proposals and measures designed to effectuate the Amended Redevelopment Plan, and (d) declares its intention to undertake and complete any proceeding, including the expenditure of moneys, necessary to be carried out by the City under the provisions of the Amended Redevelopment Plan. Section 9. 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 carrying out the Amended Redevelopment Plan. Section 10. 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 pursuant to the Amended Redevelopment Plan have been instituted under the Community Redevelopment Law. Section 11. The City Clerk is hereby directed to transmit a copy of the description and statement recorded by the City Clerk pursuant to Section 10 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 San Bernardino, to the governing body of each of the taxing agencies which receives taxes from property in the Project Area, and to the State Board of Equalization, within thirty (30) days following the adoption of the Amended Redevelopment Plan. Section 12. The City Clerk shall, within 15 days after passage of this Ordinance, cause it to be posted in at least three public places designated by resolution of the City Council; shall certify to the adoption and posting of this Ordinance; and shall cause this Ordinance and its certification, together with proof of posting, to be entered into the Book of Ordinances of this City. Puet:13429_114241B2338.42 $ February 13, 1995 Section 13. If any part of this Ordinance or the Amended 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 of the Amended Redevelopment Plan, and this City Council -hereby declares that it would have passed the remainder of the Ordinance or approved the remainder of the Amended Redevelopment Plan if such invalid portion thereof had been deleted. Section 14. This Ordinance shall be in full force and effect thirty (30) days after passage. The foregoing Ordinance was approved and adopted at a meeting of the City Council held on this 21stday of March 1995 by the following vote: AYES: Council Members Perkins, Sniff, Mayor Pena NOES: None ABSENT: None ABSTAIN: Council Members Bangerter, Cathcart r)�,QL JOHN P A, M or, City of La Quinta APPROVED AS TO FORM: Stradling, Yocca, Carlson & Rauth, a professional corporation DAWN HONEYWELL, tity Attorney PUBL:13429_114241B2338.42 9 February 13, 1995 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE) ss. CITY OF LA QUINTA ) I, SAUNDRA L. JUHOLA, City Clerk of the City of La Quinta, California, do hereby certify the foregoing to be a full, true and correct copy of Ordinance No. 264 which was introduced on the 7th day of March, 1995 and was adopted at a regular meeting held on the 21 st day of March, 1995 not being less than 5 days after date of introduction thereof. I her certify that the foregoing ordinance was posted in three (3) places within the City of Luinta as specified in a resolution of the City Council. 9AUNDRA L. JUHOLA, City Clerk City of La Quinta, California DECLARATION OF POSTING IrS UNDRA L. JUHOLA, City Clerk of the City of La Quinta, California, do hereby certify a the foregoing ordinance was posted on March 29, 1995 pursuant to City Council Resolution. 8AUNDRA L. JUHOLA, City Clerk City of La Quinta, California