ORD 139
1': ORD I NANCE NO. 139
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AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF LA QUINTA APPROVING AND
ADOPTING THE REDEVELOPMENT PLAN FOR
REDEVELOPMENT PROJECT NO.2.
WHEREAS, the City Council has received from the La Quinta
Redevelopment Agency (the IIAgencyll), the proposed Redevelopment
Plan (the IIRedevelopment Plan II) for the Redevelopment Proje~t
No.2 (the IIprojectll) as approved by the Agency, a copy of
which is on file with the City Clerk at the Office of the City
Clerk, City Hall, 78-105 Calle Estado, La Quinta, California,
together with the Report of the Agency, including the reasons
for the selection of the area proposed to be included in the
Redevelopment Project No.2 Area (the IIproject Areall), and a
discussion of certain other matters as set forth in Section
33352 of the California Health and Safety Code 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 business owners and
r- tenants who may be temporarily or permanently displaced from
I the Project Area, an analysis of the Preliminary Plan, the
! report and recommendations of the Planning Commission of the
City of La Quinta (the IIPlanning Commissionll), a summary of
meetings with Project Area residents, an environmental impact
report on the Redevelopment Plan, and the report of the Fiscal
Review Committee and the Agency's analysis thereof, and a
neighborhood impact report; and
WHEREAS, the Planning Commission has submitted to the City
Council of the City of La Quinta its report and recommendations
for approval of the Redevelopment Plan and its certification
that the Redevelopment Plan conforms to the General Plan for
the City of La Quinta; and
WHEREAS, the City Council and the Agency opened a joint
public hearing on March 21, 1989, which was continued and
further testimony taken on April 18, 1989, concerning the
adoption of the Redevelopment Plan and the certification of the
Final Environmental Impact Report on the Redevelopment Plan, in
the City Council Chambers, City Hall, 78-105 Calle Estado,
La Quinta, California; and
WHEREAS, notice of the hearing was duly and regularly
r- published in the Daily News, a newspaper of general circulation
in the City of La Quinta in accordance with Section 33361, and
copy of said notice and affidavit of publication are on file
with the City Clerk of the City of La Quinta and Secretary of
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 addressee, 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 joint public
hearing, that his property may be subject to acquisition by
purchase or condemnation under the provisions of the
Redevelopment Plan; and
WHEREAS, copies of the notice of 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 has prepared and submitted a program
for the relocation of persons and businesses who may be
displaced as a result of carrying out the Project in accordance
with the Redevelopment Plan; and
WHEREAS, the Council has general knowledge of the
conditions existing in the Project Area and of the availability
of suitable housing in the City for the relocation of families
and persons who may be displaced by the Project, and in light
of such knowledge of local housing conditions, has carefully
considered and reviewed such program for relocation; and
WHEREAS, the City Council has considered the report and
recommendations of the Planning Commission, the report of the
Agency, the Redevelopment Plan and its economic feasibility,
the feasibility of the relocation program and the Environmental
Impact Report, and 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; and
WHEREAS, the Agency and the City Council have reviewed and
considered the Environmental Impact Report for the
Redevelopment Plan, prepared and submitted pursuant to Public
Resources Code Section 21151 and Health & Safety Code Section
33352, and certified the completion of said Environmental
Impact Report on May---, 1989, by Agency Resolution No.
and City Council Resolution No. .
ORD NO.
3616n/2338/04 -2-
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: NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LA QUINTA
! DOES ORDAIN AS FOLLOWS:
Section 1:
That the purpose and intent of the City Council with
respect to the Project Area is to accomplish to the greatest
extent feasible the following:
(a) To remedy, remove, and prevent physical blight and
economic obsolescence in the Project Area through
implementation of the Plan.
(b) To expand the commercial base of the community.
(c) To encourage the cooperation and participation of
residents, business, business persons, pubic agencies
and community organizations in the redevelopment/
revilization of the Project Area.
(d) To upgrade the general aesthetics of the commercial
enterprises to improve their economic viability.
(e) To provide for the expansion, renovation and
~ relocation of businesses within the Project Area to
enhance their economic viability.
(f) To improve and/or provide electric, gas, telephone,
water, and wastewater facilities to both developed and
# subdivided undeveloped properties within the Project
Area.
(g) To recycle and/or develop underutilized parcels to
accommodate higher and better economic uses, improving
the financial viability of the City.
(h) To address inadequate street improvements and roads
that vary in width and degree of improvement as they
cross the Project Area.
(i) To alleviate inadequate drainage improvements that
constrain the development of various parcels in the
Project area, the cost of which cannot be borne by
private enterprise acting alone.
(j) To address parcels of property that are inadequately
sized for proper usefulness and development and which
are held in divided and widely scattered ownerships.
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(k) To remedy depreciating property values and impaired
investments.
ORDOO.
3616n/2338/04 -3-
(1) To provide opportunities and mechanisms to increase
sales tax, business license tax and other revenues to
the City.
(m) The installation, construction, reconstruction,
redesign, or reuse of streets, utilities, curbs,
gutters, sidewalks, traffic control devices, flood
control facilities and other public improvements.
(n) The rehabilitation, remodeling, demolition or removal
of buildings, structures and improvements.
(0) The rehabilitation, development or construction of-
affordable housing in compliance with State law.
(p) Providing the opportunity for participation by owners
and tenants presently located in the Project Area and
the extension of preferences to occupants desiring to
remain or relocate with the redeveloped Project Area.
(q) Providing relocation assistance to displaced
residential and nonresidential occupants.
(r) The development or redevelopment of land by private
enterprise or public agencies for purposes and uses
consistent with the objectives of this Plan.
(s) Managing of any property acquired by the Agency.
(t) Assisting in providing financing for the construction
of residential, commercial and industrial buildings to
increase the residential, commercial and industrial
base of the City and surround area, and the number of
temporary and permanent jobs in the City and
surrounding area.
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.). This finding is based
upon the following conditions which characterize the Project
Area:
(1) The existence of properties which suffer from
deterioration and disuse because of inadequate
public improvements, facilities and utilities,
including inadequate and insufficient traffic
ORD NO.
3616n/2338/04 -4-
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I circulation, parking, drainage, sidewalks, curbs,
gutters and traffic signals, which cannot be
remedied with private and governmental action
without redevelopment.
(2) A lack of proper utilization of property,
resulting in a stagnant and unproductive
condition of land potentially useful and valuable.
(3) A prevalence of impaired investments and economic
maladjustment.
- (4) The existence of unfit or unsafe buildings and
structures due to age, obsolescence or mixed
character.
(5) The subdividing and sale of lots of irregular
form and shape and inadequate size for proper
usefulness and development.
It is further found and determined that such conditions
constitute a serious physical, social and economic burden on
the City which cannot reasonably be expected to be reversed or
~ alleviated by private enterprise acting alone, requiring
redevelopment in the interest of the health, safety and general
welfare of the people of the City and the State. This finding
is based in part on the fact that governmental action available
to the City without redevelopment would be insufficient to
cause any significant correction of the blighting conditions,
and that the nature and costs of the public improvements 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. This finding is supported in
part by the fact that development has not proceeded within the
Project Area, due to blighting conditions as identified herein
which discourage development.
b. The Project Area is an urbanized area. Not less than
eighty percent (80%) of the privately owned property in the
Project Area has been or is developed for urban uses or, due to
its role in the circulation system of the City is an integral
part of an area developed for urban uses, as demonstrated by
the Agency's Report to Council.
c. The Redevelopment Plan will redevelop the Project Area
in conformity with the Community Redevelopment Law and in the
interests of the public health, safety and welfare. This
~ finding is based upon the fact that redevelopment of the
Project Area will implement the objectives of the community
Redevelopment Law by aiding in the elimination and correction
of the conditions of blight, providing for planning,
ORD NO.
3616n/2338/04 -5-
development, redesign, clearance, reconstruction or
rehabilitation of properties which need improvement, and
providing for higher economic utilization of potentially useful
land.
d. The adopting and carrying out the Redevelopment Plan
is economically sound and feasible. This finding is based in
part on the fact that under the Redevelopment Plan no public
redevelopment activity will be undertaken unless the Agency can
demonstrate that it had adequate revenue to finance the
activity; the Agency.s Report to City Council further discusses
and demonstrates the economic soundness and feasibility of the
Redevelopment Plan and undertakings pursuant thereto.
e. The Redevelopment Plan conforms to the General Plan of
the City of La Quinta. This finding is based in part on the
finding of the Planning Commission that the Redevelopment Plan
conforms to the General Plan for the City of La Quinta.
f. The carrying out of the Redevelopment Plan will
promote the public health, safety and welfare of the City of
La Quinta and will effectuate the purposes and policy of the
Community Redevelopment Law. This finding is based on the fact
that redevelopment will benefit the Project Area and the
community by correcting conditions of blight and by
coordinating public and private actions to stimulate
development, contribute toward needed public improvements and
improve the economic, social and physical conditions of the
Project Area and the community.
g. The condemnation of real property to the extent
provided for in the Redevelopment Plan is necessary to the
execution of the Redevelopment Plan and adequate provisions
have been made for payment for property to be acquired as
provided by law. This finding is based upon the need to
assemble sites for certain public facilities, to assemble
developable units for economic activity and to prevent the
recurrence of blight.
h. The Agency has a feasible method or plan for the
relocation of f~ilies and persons displaced from the Project
Area. Although such displacement is not contemplated, the City
Council and the Agency recognize that the provisions of
Sections 7260 to 7276 of the California Government Code would
be applicable in the event relocation would occur due to the
implementation by the Agency of the Redevelopment Plan. The
City Council finds and determines that the provision of
relocation assistance according to law constitutes a feasible
method for relocation.
ORD NO.
3616n/2338/04 -6-
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r-. i. There are, or are being provided, within the Project
i 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 any
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 accessible to their places of
employment. This finding is based in part upon the fact that
no person or family will be required by the Agency to move from
any dwelling unit until suitable replacement housing is
available.
j. Inclusion of any land, buildings or improvements w~ich
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. This finding is based in part
upon the fact that the boundaries of the Project Area were
chosen as a unified and consistent whole to include lands that
were underutilized because of blighting influences, or affected
by the existence of blighting influences, and land uses
r- significantly contributing to the conditions of blight, whose
r inclusion is necessary to accomplish the objectives and
, benefits of the Redevelopment Plan.
k. The elimination of blight and the redevelopment of the
Project Area would not reasonably be expected to be
accomplished by private enterprise acting alone without the aid
and assistance of the Agency. This finding is based upon the
existence of blighting influences, including without limitation
the lack of adequate public improvements and facilities,
structural deficiencies and other indications of blight more
fully enumerated in the record, and the infeasibility due to
cost of requiring individuals (by means of assessments or
otherwise) to eradicate or significantly alleviate existing
deficiencies in public improvements and facilities and the
inability and inadequacy of other governmental programs and
financing mechanisms to eliminate the blighting conditions.
I. 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. This finding is based
in part upon the analysis contained in the Agency's Report to
the City Council.
r- m. 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
ORDOO.
3616n/2338/04 -7-
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 specified in the
Redevelopment Plan, which this Council deems necessary 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 (3) years from the
time occupants of the Project Area, if any, are displaced, and
that pending the development of such permanent 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- or moderate-income shall be
displaced from residence unless and until there are suitable
housing units available and ready for occupancy by such
displaced persons or families at rents comparable to those at
the time of displacement. Such housing units shall be suitable
to the needs of such displaced persons or families and
dwellings. The Agency shall not displace any such persons or
families until such housing units are available and ready
occupancy.
Section 4:
All written objections to the Redevelopment Plan filed with
the City Clerk of the City of La Quinta before, at or during
the noticed hearings have been considered and overruled. In
addition, Findings and Responses to Written Objections Made
Pursuant to Health and Safety Code Section 33363 Relating to
the Redevelopment Plan for Project Area No.2 have been adopted
and are incorporated herein by this reference. All oral
objections presented to the City Council at the hearings have
been considered and overruled.
Section 5:
That certain document entitled IIRedevelopment Plan for the
La Quinta Redevelopment Project Area No. 211, the maps contained
therein and such other reports as are incorporated therein by
reference, a copy of which is on file in the Office of the City
Clerk of the City of La Quinta, 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 and the official
IIRedevelopment Plan for the La Quinta Redevelopment Project
No.2 II .
ORD NO.
36l6n/2338/04 -8-
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1'1 Section 6:
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In order to implement and facilitate the effectuation of
the Redevelopment Plan as hereby approved, 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 of La Quinta
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 7:
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 Redevelopment Plan.
Section 8:
r The City Clerk is here~ directed to record with the Co~ty
¡ 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 9:
The City Clerk is hereby directed to transmit a copy of the
description and statement to be recorded by the City Clerk
pursuant to Section 8 of this Ordinance, a copy of this
Ordinance and a map or plat indicating the boundaries of the
Project Area, to the Auditor and Assessor of the County of
La Quinta, 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.
Section 10:
This Ordinance shall be in full force and effect thirty
(30) days from and after the date of final passage.
Section 11:
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If any part of this Ordinance or the Redevelopment Plan
which it approves is held to be invalid for any reason, such
ORD NO. .
36l6n/2338/04 -9-
decision shall not affect the validity of the remaining portion
of this ordinance or of the Redevelopment Plan, and this City
Council hereby declares it would have passed the remainder of
this Ordinance or approved the remainder of the Redevelopment
Plan if such invalid portion thereof had been deleted.
Section 12:
This Ordinance shall be introduced at least five (5) days
prior to the City Council meeting at which this Ordinance is to
be adopted. The full text of this Ordinance shall also be
published once within fifteen (15) days after this Ordinance's
passage in the Desert Sun, a newspaper of general circulation,
in the City of La Quinta. The City Clerk shall post a copy of
this Ordinance in three (3) places as specified in a resolution
of the City Council and shall post a certified copy of the full
text of such adopted Ordinance along with the names of the those
City Council members voting for and against the Ordinance in
accordance with Government Code Section 36933.
PASSED, APPROVED AND ADOPTED THIS 16th day of May, 1989 by
the following vote:
AYES: Council Members Bohnenberger, Bosworth, Rushworth,
Sniff, Mayor Pella
NOES: None --~
ABSTAIN: None
ABSENT: ~-Jone
JOHN J.
City of
AUNDRA L. City Clerk
City of La California
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