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1983: RDA area 1 - Redevelopment Plan - Adopted Nov. 29, 1983CITY OF LA QUINTA, CALIFORNIA LA QUINTA REDEVELOPMENT AGENCY REDEVELOPMENT PLAN PROJECT AREA NO. 1 ADOPTED: NOVEMBER 29, 1983 ORDINANCE NO. 43 2 ® ORDINANCE 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 Qualitv 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 sue.) 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 33C00 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; L 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. -2- ®NOW, THEREFORE, B17 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 surrounding mountains. 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. -3- ® 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 seg.). 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 tothe maximum opportunity, consistent with the sound needs of the City as a whole, for the redevelopment of such area by private enterprise. -4- 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 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 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 are 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 taring agency deriving revenues from the Project Area. Section 5. Writtlen objections to the Redevelopment Plan filed with the City Clerk before the hour set for hearing and all oral objections presenjted to the City Council at the hearing having been considered are helreby overruled. Section 6. The City Council finds, determines, and certifies that the Environmental Impact 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 s, .), 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 in 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 -5- 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 ingr 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 S. 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-tying 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) yej:rs 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 taxing 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 -6- once in Indio Daily News, a daily newspaper of general circulation, published -� and circulated in the City of La Quinta. Section 15. SEVERABIL.M - 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. PASSED AND ADOPTED this 29th day of November 1983, by the following vote: AYES: Councilmembers Allen, Cox, and Mayor Baier NOES: None ABSENT: Councilmembers Henderson and Wolff APPROVED: Mayor ATPEST: City Clerk -7- 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 El 11 KatzHollis Ihl 11 REDEVELOPMENT PLAN FOR THE LA QUINTA REDEVELOPMENT PROTECT Adopted: 11/29/83 Ordinance No: 43 LA QUINTA REDEVELOPMENT AGENCY LA QUINTAL CALIFORNIA 091983 MMAAR8 0 11 C KatzHo is TABLE OF CONTENTS PAGE 2. [§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. [003] 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 Gt [§315] Demolition, Clearance, Public Improvements, Building and Site Preparation . . . . . . . . . . . . . 8 1. [§316] Demolition and Clearance . . . . 8 2. [§317] Public Improvements. . . . . . . 8 3. [1318] Preparation of Building Sites. . 8 -i- C Katz Hollis IV. PAGE H: [§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. [1325] Personal Property Disposition. . 11 i. [§326] Cooperation with Public Bodies . . . 12 J, [§327] Rehabilitation, Conservation and Moving of Structures . . . . . . . . 12 1. [§328] Rehabilitation and Conservation. 12 2. [§329] Moving of Structures . . . . . . 12 R. [§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 [§400] LAND USES AND DEVELOPMENT REQUIREMENTS 15 A. [§401] Redevelopment Plan Map and Major Project Area Land Uses . . . . . . . 15 B. [§402] Other Land Uses. . . . . . . . . . . 15 1. [1403] Public Rights -of -Way . . . . . . 15 2. [§404] Other Public, Semi -Public, Institutional and Non -Profit Uses . . . . . . . . . . . . . . 16 C. [§405] Conforming Properties. . . . . . . . 16 D. [§406] Nonconforming Uses . . . . . . . . . 17 E. [§407] General Controls and Limitations . . 17 1. [§408] Construction . . . . . . . . . . 17 2. [§409] Limitation on the Number of Buildings . . . . . . . . . . 17 3. [1410] Number of Dwelling Units . . . . 17 KatzHollis V. F. [§500] A. B. C. VI. [§600] VII. [§700] VIII. [§800 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 KatzHmllis REDEVELOPMENT PLAN FOR THE LA QUINTA REDEVELOPMENT PROJECT I. [§100) INTRODUCTION This is the Redevelopment Plan (the "Plan") for the La Quinta Redevelopment Project (the "Project") in the City of La Quints (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 seg.), 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 Quints, 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 Quints (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. 11 E KatzHollis 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 Quints, 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 Quints. 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. -2- E 11 KatzHollis II. [§200] 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". -3- 11 KatzHollis 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 -4- 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. -5- KatzHollis 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. 11 KatzHollis 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. [§312] 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- 41 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 spec.) 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] to Taxing Agencies to Alleviate 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 -7- 11 KatzHollis 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. [1318] 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. Q= - KatzHollis H. [§319] Property Disposition and Development 1. 1§3201 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. r;V Katz Hol l is 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 areal 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. -10- KatzHollis 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) of 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 Am leased to the City such contract may be made with, and such reimbursement may be made payable to, the City. E 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. [§3251 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. -11- Katz Ho11 is 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. -12- Katz Hol l is 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. [§332] Increased and Improved Supply 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. -13- KatzHollis 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. Am The percentage requirements set forth in this Section shall apply in. the IV aggregate to housing in the Project Area and not to each individual case of rehabilitation, development or construction of dwelling units. 11 -14- KatzHollis 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 Quints. 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. I:t 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 Fernandor Calle Mazatlan; Calle Tampico; Calle Durango; Calle Chihuahua; Calle Chillon; Calls 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 -15- 11 KatzHollis 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. -16- KatzHoHis 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 nodes Alk and ordinances. -17- KatzHollis 4. [§4113 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. [§4123 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. [§4133 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. [§4143 Utilities The Agency shall require that all utilities be placed under- ground whenever physically and economically feasible. S. [14153 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. [§4163 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. -18- El KatzHollis 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. -19- KatzH®llis V. [§500) METHODS OF FINANCING THE PROTECT 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. [1502) 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 Aft used in connection with the taxation of such property MP -20- LI KatzHollis 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. -21- LI KatzHoHis 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. -22- 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. -23- 2 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. -24- KatzHollis VII. [§7003 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. -25- KatzHollis VIII. (18001 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 Councils 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. -26- n KatzHollis I8. [§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. _27- I Y ox a.����%�����%% x a a '.An IM1.6. 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KatzHollis EXHIBIT "B" LEGAL DESCRIPTION LA QUINTA REDEVELOPMENT PROJECT AREA City of La Quinta Redevelopment Agency 083083 mmAARS 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.S.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; 111 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.A.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.S.M. to the Southwest corner of Aft 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 -quartet to the Southeast corner thereof, said corner also being the Northwest corner of the Southeast one -quarter of said Section 36; vp Exhibit "B" Page 2 E 1 KatzHollis 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°45154"W.); Thence S.03°22'41"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°14'34"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 Hook 132 of Maps, at pages 50 through 52 thereof, Records of Riverside County, California; Thence S.89°53'38"F., 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°09'52", 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.H.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 6; 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, Townstip 6 South, Range 7 East, S.A.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 males, more or less. :E Exhibit "R" Page 4 Exhibit "C" Proposed Public Improvement and Facilities Projects LA QUIhTA 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 fron 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, 41 reservoirs, conduits, pumping 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.